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HomeMy WebLinkAboutAbandoment of Clearwood Drive • • RALPH L.LOWE %\41.11 . •�, • Mayor V. • f• r 91trldcc ANNETTE A.BRAND 1 eLL.yf 0 City Manager s';': - = H Councilmen ;:' + ` �' JIM HARRELL ,� 109 WILLOWICK 7131482 3323 JAN JORDAN '4141111fik. ^'14 FRIENDSWOOD, TEXAS 77546-3898 PHYLLIS J.LEE EVELYN NEWMAN JOE D.PRIHODA ROBERT WICKLANDER DELORIS McKENZIE,CMC City Secretary February 25 , 1987 J-M-G Finance Corporation Gene Short 4550 Post Oak Place Suite 100 Houston, Texas 77027 Dear Mr. Short, Enclosed is your copy of the entire file of the 321 Acre Site off of FM528 , for your files . If my office can be of assistance to you in any way, please do not hesitate to call . Sincerely 46424. Deloris McKen ie, C City Secretary DM/jt Enclosures : /r P, • COPIES TO MAYOR AND COUNCIL ♦ May 22, 1985 Re: Ordinance # 85-18 MEWED crY Re: Application for abandonment of JUi i G i��5 Clearwood Drive WOOD C.f a ' Or 'srD The Honorable Mayor and City Council City of Friendswood 109 Willowwick Friendswood, Texas 77546 Mayor and City Council : This application is submitted on behalf of Bay Area Land Company, Ltd. ( "BALC") , a Texas limited partnership, and Gulf Coast Waste Disposal Authority ( "GCWDA") (hereinafter sometimes together called the "Owners" ) . BALC is the fee owner of the tract of land set forth and described in Exhibit A attached hereto and made a part hereof, and being outlined in red on the plat attached hereto as Exhibit B (the "BALC Tract" ) . GCWDA is the fee owner of the tract of land described in Exhibit C attached hereto and made a part hereof, and being outlined in blue on the plat attached as Exhibit B (the "GCWDA Tract" ) . The GCWDA Tract is currently being utilized as a site for a waste treatment facility, and at such time as such use ceases, fee title to the GCWDA Tract will revert to Austin-Northwest Development Co. , its successors and assigns, as more fully described in the deed under which the GCWDA Tract was conveyed to GCWDA, a copy of which is attached hereto as Exhibit D and made a part hereof. Austin-Northwest Development Co. has conveyed its reversionary interest in the GCWDA Tract to BALC. Colored in yellow on the plat attached hereto as Exhibit B is a portion of a 60-foot right-of-way lying in the City limits of the City of Friendswood and known as Clearwood Drive. Clearwood Drive was dedicated in the plat of Sherman Place Subdivision, recorded in Volume 69, Page 231, of the Deed Records of Harris County, Texas. A portion of the Sherman Place Subdivision plat was subsequently cancelled by instrument dated March 1, 1972 , filed under Harris County Clerk' s File No. D546432 . Clearwood Drive was excepted from such cancellation instrument and by such instrument was widened from a 30-foot right-of-way to a 60-foot right-of-way. Notwithstanding the preservation of Clearwood Drive by the cancellation instrument, Clearwood Drive has never been • • L T • utilized by the City of Friendswood, by any other governmental entity or by any other person as a right-of-way, and Clearwood Drive remains unimproved and unused. The portion of Clearwood Drive which is the subject of this application (the "Affected Portion" ) is bounded on the North by FM 528 (100 ' right-of-way) . The balance of the Affected Portion of Clearwood Drive is abutted exclusively by the BALC Tract and the GCWDA Tract. The Affected Portion of Clearwood Drive abutted by the BALC Tract is described in Exhibits E-1 and E-2 attached hereto and made a part hereof (the "Clearwood BALC Portion" ) . The Affected Portion of Clearwood Drive abutted by the GCWDA Tract is described in Exhibit F attached hereto and made a part hereof (the "Clearwood GCWDA Portion") . The Owners hereby respectfully request that the Honorable Mayor and City Council of the City of Friendswood authorize by Ordinance a quitclaim unto BALC of all of the City of Friendswood' s rights, titles and interests in and to the Affected Portion of Clearwood Drive. GCWDA hereby agrees and consents that the portion of Clearwood Drive which otherwise would be abandoned and quitclaimed to GCWDA as the abutting landowner, namely the Clearwood GCWDA Portion, be abandoned and quitclaimed to BALC, along with the Clearwood BALC Portion. As noted above, Clearwood Drive is not being uti- lized by the City of Friendswood. In addition, the portion of Clearwood Drive situated north of FM 528 has heretofore been abandoned and cancelled. Thus, there are compelling reasons for the City' s granting this request for abandonment. The public interest will be served by granting this request, in that the development of the BALC Tract (and the GCWDA Tract once title to the GCWDA Tract reverts) may proceed in an orderly fashion, thus adding to the beneficial use of prop- erties in the area and subsequent enhancement of tax values in the City of Friendswood. In consideration for the abandonment of the Affected Portion of Clearwood Drive as herein provided, BALC has agreed to convey to the City of Friendswood an approximate 1.7040- acre tract (the "1. 7-Acre Tract" ) out of the BALC Tract, the 1. 7-Acre Tract being set forth and described in Exhibit G attached hereto and made a part hereof, and being outlined in purple on the plat attached hereto as Exhibit B, subject to a 0. 0575-acre access easement ( "Access Easement") to be granted by BALC to GCWDA for access to the Blackhawk Sewage Treatment Plant, said Access Easement being set forth and described in Exhibit H attached hereto and made a part hereof, and being 2 . 0 • outlined in green on the plat attached hereto as Exhibit B. The appraised value of the 1. 7-Acre Tract is equal to or greater than the appraised value of the Affected Portion of Clearwood Drive herein requested to be abandoned, as evidenced by the appraisal attached hereto as Exhibit I and made a part hereof. Letters from Southwestern Bell Telephone Company, Houston Lighting & Power Company, and Entex Incorporated consenting to the abandonment requested herein will be pro- vided to you shortly. We stand prepared to furnish any other information required in this matter. Please let us know if we may provide any further assistance. • Thank you for your consideration of this request. Very truly yours, BAY AREA LAND COMPANY, LTD. a Texas limited partnership By: FRIENDSWOOD 321 ACRES, LTD. a Texas limited partnership, as General Partner By: W-F-H Partnership, a Texas general partnership, as General Partner By: Jac G. Wise Ge ral Part By: David C. He herin o General Partner B y: J A an D. Feinsi ver General Partner (See the following page for additional signatures) -3- GULF COAST WASTE DISPOSAL AUTHORITY By: Name. Title: Date: /6 :Pg. -4- . EXHIBIT A Description of a 321.2578 acre (13,993,988 square foot) tract of land located in the Thomas Choate, A-12, John Dickinson, A-15 and Sarah McKissick, A-549 Surveys, Harris County, Texas, being all of Tracts One and Three and a portion of Tracts Two and Four as described in a Deed of Conveyance dated July 1, 1976 and recorded in Harris County Clerk 's File No. E838626 and being more fully described by metes and bounds as follows (with bearings referenced to the right-of-way line of F.M. 528 as described in said Deed of Conveyance) : BEGINNING at a 1 1/4-inch iron pipe found at the intersection of the South right-of-way line of F.M. 528 (100-feet wide) and the East line of the Thomas Choate Survey, A-12, for the Northeast corner of a Harris County Flood Control District Drainage Easement (160-feet wide as recorded in Harris County Clerk 's File No. E577582), the aforesaid Tract Four and the herein described tract; THENCE, S 03° 01 ' 01" E, along an East line of said Drainage Easement, Tract Four, this tract and the East line of said Thomas Choate Survey, A-12, a distance of 613.97 feet to a 5/8-inch iron rod found for the North corner of a called 11.5222 acre tract (as described in Harris County Clerk's File No. 0547871) and an Easterly corner of said Drainage Easement and the herein described tract; THENCE, S 41° 00' 11" W, along a Southeast line of said Drainage Easement and this tract and the Northwest line of said 11.5222 acre tract, a distance of 1,414.35 feet to a 1 1/2-inch iron pipe found in the North line of the John Dickinson Survey, A-15, for• the West corner of said 11.5222 acre tract, an angle point in a Southeast line of this tract and an interior corner of the aforementioned Tract Four; THENCE, S 41° 43' 25" W, along a Southeast line of said Tract Four and this tract, passing at 124.07 feet a South- easterly corner of said Drainage Easement and continuing in all a distance of 399.20 feet to a 5/8-inch iron rod found for corner; THENCE, S 48° 13' 25" E, along a Northeast line of said Tract Four and this tract, a distance of 1,912.13 feet to a 5/8-inch iron rod found for the most Easterly corner of said Tract Four and this tract; , • ` THENCE, S 41° 43' 46" W, along a Southeast line of said Tract Four and this tract, a distance of 900.29 feet to a 5/8-inch iron rod found for corner; THENCE, N 48° ,19' 47" W, along a Southwest line of said Tract Four and this tract, a distance of 1,912.04 feet to a 5/8-inch iron rod found for corner; THENCE, S 41° 43' 25" W, along a Southeast line of said Tract Four and this tract, passing at a called distance of 1,982.42 feet the centerline of Savell Gully, a Southeast corner of said Tract Four, and continuing along a Southeast line of the aforementioned Tract One, a distance of 2,335.46 feet to a 3-inch iron pipe found for the North corner of the aforementioned Tract Three; THENCE, S 48° 17' 41" E, along the common Northeast line of the aforementioned Tracts Three and Two, a distance of 1,059.28 feet to a 1 1/2-inch iron pipe found for the East corner of said Tract Two; THENCE, S 41° 41 ' 16" W, along the Southeast line of said Tract Two, a distance of 861.05 feet to a 5/8-inch iron rod found for the Southeasterly corner of the Blackhawk Sewage Treatment Plant (a called 20.2798 acre tract, described as a Save and Except tract in the aforementioned Deed of Conveyance) and a Southeasterly corner of the herein described tract; THENCE, N 13° 51 ' 40" W, along the East line of said 20.2798 acre tract, a distance of 768.25 feet to a 5/8-inch iron rod set in the common line between said Tracts Two and Three for corner; THENCE, S 41° 39' 03" W, along the Northwest line of said 20.2798 acre tract and the common line between said Tracts Two and Three, a distance of 1,519.76 feet to a 5/8-inch iron rod found on the Northeasterly high bank of Clear Creek for a Westerly corner of said 20.2798 acre tract; THENCE, along the meanders of the Easterly High Bank of Clear Creek as follows: N 65° 30' 48" W, 70.22 feet to a point; • N 72° 40' 19" W, 253.55 feet to a point; N 89° 42' 58" W, 93.55 feet to a point; S 88° 38' 13" W, 93.87 feet to a point; N 75° 14' 35" W, 115.12 feet to a point, and N 54° 39 ' 16" W, 67.47 feet to a 5/8-inch iron rod set for a Southerly corner of the aforesaid Tract One; THENCE, N 41° 35' 39" E, along a Southeast lire of said Tract One, a distance of 737.60 feet to a 5/8-inch iron rod found for corner; 2 . • • • THENCE, N 48° 29' 22" W, along a Southwest line of said Tract One, a distance of 199.99 feet to a 5/8-inch iron rod found for corner; THENCE, S 41° 35' 39" W. along a Southeastline of said Tract One, a distance of 709.88 feet to a 5/8-inch iron rod found on the Easterly High Bank of Clear Creek for corner; THENCE along the meanders of the Easterly High Bank of _ Clear Creek as follows: N 20° 20' 27" W, 129.06 feet to a point; N 13° 34' 59" W, 91.03 feet to a point, and N 07° 59' 37" W, 67.29 feet to a 5/8-inch iron rod set for the South corner of Small Tract No. 6 as mentioned in the aforesaid Deed of Conveyance and an interior corner of said Tract One; THENCE, N 41° 35' 39" E, along the Southeast line of said Small Tract No. 6, a distance of 554.47 feet to a 1/2-inch iron pipe found for the East corner of said Small Tract No. 6 and an interior corner of said Tract One; THENCE, N 48° 21 ' 28" W, along the Northeast line of said Cmall Tract No. 6, a distance of 319.44 feet to a concrete monument found for the North corner of said Small Tract No. 6 and an interior corner of said Tract One; THENCE, S 41° 35' 39" W, along the Northwest line of said Small Tract No. 6, a distance of 327.16 feet to a 5/8-inch iron rod set in the Easterly High Bank of Clear Creek for a Northwest corner of said Small Tract No. 6 and a Southwest corner of said Tract One; THrNCF along the meanders of the Easterly High Bank of Clear Creek as follows: N 06° 07 ' 11" E, 128.87 feet to a point; N 29° 25' 07" E, 96.29 feet to a point; N 35° 15' 32" E, 90.35 feet to a point; N 54° 32' 33" E, 171.73 feet to a point; N 65° 14' 35" E, 76.58 feet to a point; N 70° 08' 32" E, 165.74 feet to a point; N 86° 29' 12" E. 133.13 feet to a point; • c 73° 55' 52" E, 47.39 feet to a point; N 80° 44' 40" E, 106.09 feet to a point; N 71° 22' 32" E, 118.94 feet to a point; N 63° 10' 27" E, 84.87 feet to a point; N 44° 34' 30" E, 92.08 feet to a point; N 39° 43' 22" E, 86.14 feet to a point; N 28° 56' 12" E, 266.10 feet to a point; N 09° 54 ' 13" E, 149.73 feet to a point; N 21° 57' 43" W, 132.41 feet to a point; N 41° 13' 57" W. 101.08 feet to a point; N 71° 09' 11" W, 119.03 feet to a point; 3 . • • N 76° 32' 59" W. 105.74 feet to a point; N 62° 55' 37" W, 106.98 feet to a point; N 50° 14' 20" W, 172.66 feet to a point; and N 23° 19' 03" W, 114.20 feet to a fence post found in the Northwesterly right-of-way line of a Harris County Flood Control District Drainage Easement (150-feet wide as recorded in Harris County Clerk 's File No. E449568) for a Westerly corner of the aforesaid Tract Four and the herein described tract; THENCE, N 38° 22' 13" E, along the Northwesterly right-of-way line of said Drainage Easement and a Northwest line of said Tract Four and this tract, passing at 1,886.71 feet a 1 1/4-inch iron pipe found for a Westerly corner of said Tract Four and continuing in all a distance of 2,034.65 feet to a 5/8-inch iron rod set for corner; THENCE, N 30° 29' 21" E, along a Northwest line of said Drainage Easement and this tract, a distance of 116.17 feet to a 5/8-inch iron rod set for corner; THENCE, N 14° 46 ' 44" E, along a West line of said Drainage Easement and this tract, a distance of 116.17 feet to a 5/8-inch iron rod set for corner; THENCE, N 00° 55' 54" W, along a West line of said Drainage Easement and this tract, a distance of 116.17 feet to a 5/8-inch iron rod set for corner; THENCE, N 08° 47' 13" W, along a West line of said Drainage Easement and this tract, a distance of 1,115.59 feet to a 5/8-inch iron rod found in the South right-of-way line of said F.M. 528 for the Northwest corner of said Drainage Easement and the herein described tract; THENCE, N 81° 12' 47" E, along the South right-of-way line of said F.M. 528 and the North line of said Drainage Easement, a distance of 150.00 feet to a 5/8-inch iron rod found in the East line of said Drainage Easement for the Northeast corner of said Drainage Easement and the Northwest corner of a called 0.5006 acre tract (conveyed by Austin-Northwest Development Co. to Gulf Coast Waste Disposal Authority for Sewage Treatment Facilities as • recorded in Harris County Clerk 's File No. E184680) ; THENCE, S 08° 47 ' 13" E, along the common East line of said Drainage Easement and the West line of said 0.5006 acre tract, a distance of 158.00 feet to a 5/8-inch iron rod found for the Southwest corner of said 0.5006 acre tract; 4 . • THENCE, N 81° 12' 47" E, along the South line of said 0.5006 acre tract, a distance of 138.00 feet to a 5/8-inch iron rod set for the Southeast corner of said 0.5006 acre tract; THENCE, N 08° 47' 13" W, along the East line of said 0.5006 acre tract, a distance of 158.00 feet to a 5/8-inch iron rod set in the South right-of-way line of said F.M. 528 for the Northeast corner of said 0.5006 acre tract; THENCE, N 81° 12 ' 47" E, along the South right-of-way line of said F.M. 528, a distance of 3266.89 feet to the POINT OF BEGINNING and containing 321.2578 acres of land. 5 . Fr Sr/II.O'w1r01 . •• •^• . it swot,asr) ..•'•• J: _ 7 T...7..... . • !.-_-A i :. . ram•oC / �' 1 �P :;•'f, Or:. - d` ' �`�`~"s;)44 • 1..E•Yr J / �r / •`. •` cr..�,:;n i Q' • . .....,z; i •Ar N • •n'a'Ir• rS.Y `�`! ▪ I /—.----.�—A--. . .Y11rn•. __ -- -._•..rapt( -� •..Y.• / �i•0. ..ee••e•••et•.Wawa{1.. I r D•Ir• Ls h 4• (/ 1 �.�.j \\ • •n•I••T•• Ias • �{•) V •/1^ l�r�s/'• \ • q — ■1.•r Y^■ cn - ��" �4' •e� .fie` w /� .•`�.1`y,. ,•\` . •r . . t 72 I.l•r•.0 RE \ •or sap r I rc..s P .i'•. // ; •A'A'it• IDLY •to �• •W:• • / � •."'• ' •\ . I •11•1.•1r• G' - / `wr♦ • .- /trap • H • .Y•rI•A • • IV,. / d. )A�// •\ _ f•I'D'r• 3IIrJ 1•• •• •• I I. ne t.rwr.M w An... •H •Y•Y•I'-I GW.. - • 'ei• ••• -7N 7. ■11•. ��11 ■,r T'P 1 1.2l •1"a••. c.. ,. ,a.•• 1 2■atria r..1.I., •r4 •T•H'P t L.D i G •r.. 1/ _. .. �_— ♦ a w I. ....LC....'••./Ynrt.frr.. f .1••.l •rt. •W •1r•1r' Ir, c-_n 1 I / _ , - - `-TS►n'•. •• , •61.1. W.a a.-s k':�'r•�/• `r.- ._ •.!'WI'P a It.r • • Q• . • i , . :(� J •Y•nap tr.1 smy f1 •� j T- y S. 4w��o+w.w...Wed I `/ •_JI ■ s......,....me.• •tr Y•Sr I CJO • • I• •rap... •••1.1 S. •.11•r.•e•ft • • •▪{r A'sr I :.D / oft•... P / t{ 'f' w-••r• �••a■Cars / ,y� (r Y' ' •Y•r'r t t2.011 f /V - Q� 1 r. r l..r•�s rapt•�.nw n.�.CD., •P.1'rr t >•.Y trap-•• ,• ..rr�. •'}: tS + %/ .\\. - ors....• • • • `.►�-. , 'I'..• •.. •:1••r'a.• sq • % • •I• I'01'll'• �•.it / • ' { .f•••♦• - tap " l '•�`, . • •»•D'Sr• Ili.• - ' 1 {'d `,.s.. .{?I• �`1J rr^••••V"•wr1l.•v •.•N.• • • ,1 .N v., •.t•r/'•E-ear{• O. s:r u•rr. r•..a i a...... f` �•' z • •r n'trap I i».II W 4 1!� ,. tr m { I \ Is.•W'•. Y.•+ - •'.I•V'Y-[ :.4.11 a / C/• •1 •0•.r ...w•I•••I•• nw.r+. - 0. 1 tap IV Ir•1 211.01 •". ♦ `21 $ / ,2 .:.'�• •,.•. • +•.,ti ••C 1I•Ir•t =D.J l• _��f �e"ti `"� •mw w.w r wr on....r•.r..I"ils • .rap:, BALC TRACT (Red)- • ,,.. ft.ft••Ia..war r.r.• •• ..ii:••+ti•.•rs. GCWDA TRACT (Blue) '+`` "r = w...._._.._...w ::::'•••;_,. ...._Weft 1......••,•.•,...•.••••••• ,•' CLEAR67OOD DRIVE (Yellow) • ;"'1.Ift.....a•.r•......•.. - 1.7—ACRE TRACT (Purple) """ • "' r' ...•..w•• .• Wrap• .: P.mc�+ap- CLARK SURVEYING • • ACCESS EASEMENT (Green) - '_ ....o ft_� I,._ .r 1 ua r • EXHIBIT C Description of a 0.5006 acre (21,804 square foot) tract of land being all of the tract conveyed to Gulf Coast Waste Disposal Authority in Harris County Clerk 's File No. E184680, in the Thomas Choate, Abstract 12, and Sarah McKissick, Abstract 549,Surveys, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to the 0.5006 acre tract recorded in Harris County Clerk's File No. E184680) : BEGINNING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a 150-foot wide Harris County Flood Control Drainage Easement (as recorded in Harris County Clerk 's File No. E449568) and the Northwest corner of the herein described tract; THENCE, N 81° 12' 47" E, along the South right-of-way line of said FM 528, a distance of 138.00 feet to a 5/8-inch iron rod found for the Northeast corner of this tract; THENCE, S 08° 47' 13" E, a distance of 158.00 feet to a 5/8-inch iron rod found for the Sc.utheast corner of this tract; THENCE, S 81° 12' 47" W, a distance of 138.00 feet to a 5/8-inch iron rod found in an East line of the afore- mentioned 150-foot wide Drainage Easement; THENCE, N 08° 47 ' 13" W, along an East line of said Drainage Easement, a distance of 158.00 feet to the POINT OF BEGINNING and containing 0.5006 acre of land. EXHIBIT 'D Or �� 111110 111 isms, E 10448O — A 11 33C •/ L eATo41E•✓T • Eie' 105-13�-0370 p1 AaT m/../ THE STATE OF TEXAS I f'/!'f ..e8 KNOW ALL MEN DV THESE PRESENTS( � D COUNTY OF HARRIS I 4P That, AUSTIN-NORTHWEST DEVELOPMENT CO. Qwrsite csliad . "Grantor"), for and in consideration of the sum of Ton and No/100 Dollars (SI0.00) and other good and valuable consideration cash in hand paid to it by GULF COAST WASTE DISPOSAL AUTHORITY, the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CON- VEYED and by these presents does GRANT, SELL and CONVEY unto GULF COAST WASTE DISPOSAL AUTHORITY (herein called "Grantee"), / 1 • for a period of two (2) years from and after the date hereof and for so - - long and only so lung thereafter as the herein described proi•crty is used • by Grantee for the purposes hereinafter specified, the following described • property, together with all improvements thereon, situated in Harris County, Texas, to-wit: Being 0.5006 acres of land in the Thomas Choate Survey, i_— • Abstract No. 12, Harris County, Texas, and being a part of that certain 289.757-acre tract (described as "Tract One") conveyed to Austin-Northwest Development Co. by deed recorded under County Clerk's File No. D547871, Harris County, Texas, said 0.342-acre tract of land being mu:e particularly described by metes and bounds as follows: COMMENCING at a point where the southwesterly line of • Thomas Choate Survey, Abstract No. 12, and the north- easterly line of the Sarah McKissick Survey, Abstract No. 549, intersects the south right-of-way line of F.M. 528 (100 feet wide); THENCE N 81° 12' 47' E, 52.23 feet along the south right-of- way line of said FM 528 (100 feet wide) to the northwest corner and POINT OF BEGINNING of the herein described tract of land; °:-15: Y THENCE N 81° 12' 47" E, 138.00 feet along the south right-of- c.', way line of said F.M. 528 (100 feet wide) to the northeast cor- e., i%.- „y j N nee of the herein described tract of land; 1$;;cis. THENCE S 08° 47' 13" W, 158.00 feet to the southeast corner s of the herein described tract of land; • i� THENCE S 81° 12' 47" W, 138.00 feet to the southwest corner • of the herein described tract of land; THENCE N 08° 47' 13" W, 158.00 feet to the POINT OF BEGINNING and containing 0.5006 acres of land. i 4 •.,. r.' ..q. hb .< ffi1ryj� lyi�ct r 1' -titiW p . '�4 +i P ht i 4 t.4 �-: J. _.f.N.':3 ..-.--'\Ctx. T11MIEV,1 'ia EESTAbk11)(Ig 't •:-r . . •s�3 The above described property shall be used a• a waste treat. mans facility to be constructed, operated and maintained exclusively by Grantee and no otb.r person or entity. This conveyance is expressly made subject to all validly existing restrictions. covenants, conditions, rights-of-way, easements, mint:ral reservations and royalty reservations, of record, if any, affecting the above described property. If, during the two (2) year period after the date hereof Grantee commences use of the above described property in accordance with the above described use and after having commenced such use; thereafter ceases such use (whether before or after the expiration of two (2) years from the date hereof), then in such event the determinable fee estate and • rights herein conveyed shall automatically and immediately terminate and all such rights, title and interest will revert to Granter, its successors • and assigns. Likewise, said determinable fee estate shall terminate if said waste treatment facility is operated by any person or entity other than Grantee or if Grantee sells, assigns or otherwise transfers its title or interest in said land or waste treatment facility to a third party. TO HAVE AND TO HOLD the determinable fee estate and rights herein conveyed, together with all and singular the rights and appurte- nances thereunto in anywise belonging, unto Grantee and no other person 117 or entity for two (2) years after the date hereof (unless sooner terminated t if X under the provisions hereof) and for so long and only so long as said pre- f t� �Fs • miles are used by Grantee for the purpose herein specified; and Grantor does hereby bind itself, its successors and assigns, to warrant and tor- ever defend, all and singular, the above described property unto Grantee �l against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the matters set forth herein. EXECUTED this !7 " day of June, 1974. Ai-IES• AUSTIN- ORTHWEST DEVELOPMENT CO./ t— AlYL3 By Ass static taetary 6- S/DEVr "2 • 44W .,,. • b ..i•"4 .••�• ••, �7jtptBRi�;Fd `�+t�,: �'Mi.Ft,ty n:t _ '4 �n,3:�•` .a. 4 "ret 1-e. t. .c~:'L THE STATE OF TEXAS 1 • *`-`; '' MIER RRIS COUNTY OF HA 1 f3 .;:; .., 8 FORE ME, the undersigned authority, on this day personally ~'-'•. apperred 4IYJ. 1114CPTYAI IL , knows to me to be ",'�ti.%� tile person whose name is subscribed to the foreg4in1 instrument, as . ''`��;<- 1thco. President of AUSTIN-NORTHWEST DEVELOP- ., � MENT CO.. a corporation, and acknowledged to me that he executed the r•y'"y: = same for the purposes and consideration therein expressed. la the capacity 4...1....i• • stated, and as the act and deed of .rid corporation. ':•','.;', GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the • day of June, 1974. E� '..- '. lI A.._la_ G, ' �A— P . • tart' Public in ar Harris County, .zy.,, TEXAS • ia.• =.1. Y •t:i n,. ., i` •,P• •1j'• .!7.'S,,. • / . j1. 4.4` ' , �` k`et* i �r 4 iF::;-. eT sue•• :C;i.• 1iPi' -3- it�iyii i •�..e. "1��,t�y l -f."•fit,��}�k {. �tk'.� "G+>�•r��"•j"rI.t.•�+ sl' n.,t'. ti.;� t..." '�::tt !V:;�A�.l j� •• .\•V i�� 'R•" �x'4!M.t�, }f'9r TlD ,4! f. .l1..Y.t . 111.5 .. 1',' ;. !"14 e.:rw /S.i t>tfc^.M'.0 \ • .: .'i71 �. h tis+ Zst 3 i..* ,a mert'ty i i - 2P-,•'.-' • i�1.• 1 . e • • 1 t EXHIBIT E-1 Description of a 0.0504 acre (2,196 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, in the .Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 150-foot Drainage Easement) : BEGINNING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northwest corner of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680, the Northeast corner of said 150-foot wide Harris County Flood Control District Drainage Easement and the herein described tract; THENCE, S 08° 47' 13" E, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549,for the South corner of this tract; THENCE, N 48° 24' 18" W, along the aforesaid survey line, a distance of 94.55 feet to a point in the South right-of-way line of said FM 528 for the West corner of this tract ; THENCE, N 81° 12' 47" E, along the South right-of-way line of said FM 528, a distance of 60.29 feet to the POINT OF BEGINNING and containing 0.0504 acre of land. r • • EXHIBIT E-2 • Description of a 2.0576 acre (89,630 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a called 289.757 acre tract described as Tract Four in a deed recorded in Harris County Clerk 's File No. E838626, in the Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 289.757 acre tract) : COMMENCING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680; THENCE, S 08° 47' 13" E, along the East line of said 0.5006 acre tract, a distance of 145.45 feet to a point for the most Northerly East corner and POINT OF BEGINNING of the herein described tract; THENCE, S 48° 24 ' 18" E, along the Northeasterly line of this tract, a distance of 1,519.72 feet to a point in the South line of the aforementioned Choate Survey and the North line of the John Dickinson Survey, Abstract 15,for the most Easterly corner of this tract; THENCE, N 88° 35 ' 39" W, along said Survey lines, a distance of 92.98 feet to a 1-inch square bar found for the common corner of said Choate and Dickinson Surveys and the East corner of the Sarah McKissick Survey, Abstract 549; THENCE, N 48° 24 ' 18" W, along the common line between said Choate and McKissick Surveys, a distance of 1,482.06 feet to a point in the South line of the aforementioned 0.5006 acre tract for the most Westerly corner of this tract; THENCE, N 81° 12' 47" E, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a 5/8-inch. iron rod found for the Southeast corner of said 0.5006 acre tract; THENCE, N 08° 47 ' 13" W, along the East line of said 0.5006 acre tract, a distance of 12.55 feet to the POINT OF BEGINNING and containing 2.0576 acres of land. • • EXHIBIT F Description of a 0.2306 acre (10,046 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680, in the Thomas Choate- Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings • referenced to said 0.5006 acre tract) : BEGINNING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, the Northwest corner of said 0.5006 acre tract and the herein described. tract; THENCE, N 81° 12 ' 47" E, along the South right-of-way line of said FM 528, a distance of 17.60 feet to a point for corner; THENCE, S 48° 24 ' 18" E, a distance of 188.81 feet to a point in the East line of the aforesaid 0.5006 acre tract for an Easterly corner of this tract; THENCE, S 08° 47 ' 13" E, along the East line of said 0. 5006 acre .tract, a distance of 12.55 feet to a 5/8-inch iron rod found for the Southeast corner of said 0.5006 acre tract; THENCE, S 81° 12 ' 47" W, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a point : in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549,for the most Westerly South corner of this tract; THENCE, N 48° 24 ' 18" W, along the aforesaid survey line, a distance of 110.56 feet to a point in an East line of the aforementioned 150-foot Harris County Drainage Easement and the West line of said 0. 5006 acre tract for a West corner of this tract; THENCE, N 08° 47 ' 13" W, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to the POINT OF BEGINNING and containing 0.2306 acre of land. EXHIBIT C Description of a 1.7040 acre (74,226 square foot) tract of land out of a called 29 acre tract described as Tract Two in a Deed of Conveyance from Austin-Northwest Development Co. to DHK Corporation reccrded in Harris County Clerk 's File No. E838626, in the John Dickinson Survey, Abstract No. 15, Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to the South right-of-way line of FM 528, called N 81° 12' 47" E in Harris County Clerk's File No. E838626) : BEGINNING at a 5/8-inch iron rod found for the North corner of a called 20.2798 acre SAVE AND EXCEPT tract (described in the aforementioned Harris County Clerk 's File as Tract 1 of the "S Parcels") from which a found 5/8-inch iron rod bears S 76° 51' 26" E, 0.76 feet, and marking the most Northerly West corner of the herein described tract; THENCE, N 71° 10' 06" E, along the North line of this tract, a distance of 100.50 feet to a point on the Westerly right-of-way line of Proposed Bay Area Boulevard (100-feet wide) for the most Northerly East corner of this tract; THENCE, S 18° 49' 54" E, along the aforesaid right-of-way line, a distance of 711.66 feet to a point in the Southeast line of the aforementioned Tract Two for the most Southerly East corner of this tract; THENCE, S 41° 41 ' 16" W, along the Southeast line of said Tract Two, a distance of 115.00 feet to a 5/8-inch iron rod found for the most Easterly corner of the aforesaid 20.2798 acre tract; THENCE, N 18° 51' 40" W, along the Northeast line of said 20.2798 acre tract, a distance of 768.25 feet to the POINT OF BEGINNING and containing 1.7040 acre of land. •'� • • • • EXHIBIT H Description of a 0.0575 acre (2, 505 square foot) tract of land out of a called 29 acre tract described as Tract Two in a Deed of Conveyance from Austin-Northwest Development Co. to DHK Corporation recorded in Harris County Clerk's File No. E838626, in the John Dickinson - Survey, Abstract No. 15, Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to the South right-of-way line of F.M. 528, called N 81° 12' 47" E in Harris County Clerk ' s File No. E838626) : COMMENCING at a 5/8-inch iron rod found for the East corner of a called 20.2798 acre SAVE AND EXCEPT tract (described in the aforementioned Harris County Clerk 's File as Tract 1 of the "S Parcels") ; THENCE, N 18° 51 ' 40" W, along an East line of said SAVE AND EXCEPT tract, a distance of 154.21 feet to a point for the Southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, N 18° 51' 40" W, continuing along the aforesaid line, a distance of 25.00 feet to a point for the Northwest corner of this tract ; THENCE, N 71° 10' 06" E, a distance of 100.20 feet to a point in a West line of a 100-foot wide easement and right-of-way as recorded in Harris County Clerk ' s File No. J664881 for the Northeast corner of this tract; THENCE, S 18° 49' 54" E, along a West line of said 100-foot wide easement and right-of-way, a distance of 25.00 feet to a point for the Southeast corner of this tract; THENCE, S 71° 10' 06" W, a distance of 100.19 feet to the POINT OF BEGINNING and containing 0.0575 acre of land. • • EXHIBIT I LETTER APPRAISAL 2 . 3 Acres Known as Clearwood Drive (Abandoned) and A 1 .7 Acre Tract Abutting the Blackhawk Sewage Treatment Plant Friendswood, Texas PREPARED FOR Mr. Alan Feinsilver Bay Area Land Company 5 Post Oak Park , Suite 1850 Houston, Texas 77027 PREPARED BY CUSHMAN WAKEFIELD APPRAISAL DIVISION 1300 Post Oak Boulevard, Suite 1300 Houston, Texas 77056 E-1 92B® llinsag THE APPRAISAL DIVISION _Custi nan & Wakefield Appraisal Division 1300 Post Oak Blvd., Suite 1300 Houston, Texas 77056 W F1ELD (713) 961-3700 April 17, 1985 Mr. Alan Feinsilver Bay Area Land Company 5 Post Oak Park , Suite 1850 Houston, Texas 77027 Re: 2 .3 Acres known as Clearwood Drive (Abandoned) 1 .7 Acres abutting the Blackhawk Sewage Treatment Plant Friendswood, Texas . Dear Mr. Feinsilver: At your request, I have prepared a preliminary letter appraisal for the properties referred to above. The purpose of the letter is to estimate the market value of the two tracts in fee simple interest as of April 15, 1985. Market value is defined as: "The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and and assuming the price is not affected by undue stimulus" . It is my opinion that the preliminary estimate range of the market values in fee simple interest for the above mentioned properties, as of April 15 , 1985, was: 2 . 3 Acres known as Clearwood Drive (Abandoned) SEVEN THOUSAND FIVE THOUSAND DOLLARS to TWELVE THOUSAND FIVE HUNDRED DOLLARS ($7, 500 to $12,500) (Per Acre) 1 .7 Acres abutting the Blackhawk Sewage Treatment Plant TWENTY THOUSAND DOLLARS to TWENTY FIVE THOUSAND DOLLARS ($20 , 000 to $25, 000) (Per Acre) E-2 Mr. Alan Feinsilver April 17 , 1985 Page -2- The preliminary estimated values are presented to you in letter form as requested. The information and analysis upon which I formulated my conclusions of value are on file in my office. The value estimate herein is based upon my preliminary market investigation. While I feel the conclusions of a formal report would be essentially the same, a complete investigation may reveal some unknown facts which would affect the value estimate. I therefore advise that this letter should not be relied upon as the sole criterion for an investment decision. I hereby certify that I have no present or contemplated future interest in the real estate that is the subject of this letter and that I have no personal interest or bias with respect to the subject matter of this letter or the parties involved and that the amount of the fee is not contingent upon reporting a predetermined value or upon the amount of the value estimate. I certify that, to the best of my knowledge and belief the statements of fact contained herein, upon which the analysis, opinions and conclusions are based are true and correct subject to the special and limiting conditions contained herein (attached) , that this letter has been made in conformity with, and is subject to, the requirements of the Code of Ethics and the Standards of Professional Practice and Conduct of the Society of Real Estate Appraisers and the American Institute of Real Estate Appraisers. No one other than the undersigned prepared the analysis, opinions and the conclusions concerning the real estate that are set forth in this letter . It has been a pleasure serving you and if I may be of further assistance to you, please feel free to contact us. CUSHMAN & WAKEFIELD OF TEXAS INC. APfPRRAISAL DIVISION s 1116t William R. 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A 1 EXHIBIT E-1 Description of a 0.0504 acre (2,196 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk ' s File No. D546432 and being out of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, in the .Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 150-foot Drainage Easement) : BEGINNING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northwest corner of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680, the Northeast corner of said 150-foot wide Harris County Flood Control District Drainage Easement and the herein described tract ; THENCE, S 08° 47 ' 13" E, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549, for the South corner of this tract ; THENCE, N 48° 24 ' 18" W, along the aforesaid survey line, a distance of 94.55 feet to a point in the South right-of-way line of said FM 528 for the West corner of this tract ; THENCE, N 81° 12 ' 47" E, along the South right-of-way line of said FM 528, a distance of 60.29 feet to the POINT OF BEGINNING and containing 0.0504 acre of land. E-5 SEM® THE APPRAISAL DIVISION • EXHIBIT E-2 Description of a 2.0576 acre (89,630 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a called 289.757 acre tract described as Tract Four in a deed recorded in Harris County Clerk 's File No. E838626, in the Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 289.757 acre tract) : COMMENCING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a certain 0.5006 acre tract described in Harris County Clerk ' s File No. E184680; THENCE, S 08° 47 ' 13" E, along the East line of said 0. 5006 acre tract, a distance of 145.45 feet to a point for the most Northerly East corner and POINT OF BEGINNING of the herein described tract; THENCE, S 48° 24 ' 18" E, along the Northeasterly line of this tract, a distance of 1,519.72 feet to a point in the South line of the aforementioned Choate Survey and the North line of the John Dickinson Survey, Abstract 15,for the most Easterly corner of this tract ; THENCE, N 88° 35 ' 39" W, along said Survey lines, a distance of 92.98 feet to a 1-inch square bar found for the common corner of said Choate and Dickinson Surveys and the East corner of the Sarah McKissick Survey, Abstract 549; THENCE, N 48° 24 ' 18" W, along the common line between said Choate and McKissick Surveys, a distance of 1,482.06 feet to a point in the South line of the aforementioned 0.5006 acre tract for the most Westerly corner of this tract; THENCE, N 81° 12' 47" E, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a 5/8-inch. iron rod found for the Southeast corner of said 0. 5006 acre tract; THENCE, N 08° 47 ' 13" W, along the East line of said 0.5006 acre tract, a distance of 12. 55 feet to the POINT OF BEGINNING and containing 2.0576 acres of land. CHM® THE APPRAISAL DIVISION 1 ' EXHIBIT F Description of a 0.2306 acre (10,046 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a certain 0.5006 acre tract described in Harris County Clerk ' s File No. E184680, in the Thomas Choate- Survey, Abstract 12, in Harris County, Texas and • being more fully described by metes and bounds as follows (with bearings referenced to said 0.5006 acre tract) : BEGINNING at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, the Northwest corner of said 0.5006 acre tract and the herein described tract ; THENCE, N 81° 12 ' 47" E, along the South right-of-way line of said FM 528, a distance of 17.60 feet to a point for corner; • THENCE, S 48° 24 ' 18" E, a distance of 188.81 feet to a point in the East line of the aforesaid 0.5006 acre tract for an Easterly corner of this tract; THENCE, S 08° 47 ' 13" E, along the East line of said 0. 5006 acre .tract, a distance of 12.55 feet to a 5/8-inch iron rod found for the Southeast corner of said 0.5006 acre tract; THENCE, S 81° 12 ' 47" W, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549,for the most Westerly South corner of this tract ; THENCE, N 48° 24 ' 18" W, along the aforesaid survey line, a distance of 110.56 feet to a point in an East line of the aforementioned 150-foot Harris County Drainage Easement and the West line of said 0. 5006 acre tract for a West corner of this tract ; THENCE, N 08° 47 ' 13" W, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to the POINT OF BEGINNING and containing 0.2306 acre of land. CMS® THE APPRAISAL DIVISION EXHIBIT C Description of a 1.7040 acre (74,226 square foot) tract of land out of a called 29 acre tract described as Tract Two in a Deed of Conveyance from Austin-Northwest Development Co. to DHK Corporation recorded in Harris County Clerk 's File No. E838626, in the John Dickinson Survey, Abstract No. 15, Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to the South right-of-way line of FM 528, called N 81° 12' 47" E in Harris County Clerk's File No. E838626) : BEGINNING at a 5/8-inch iron rod found for the North corner of a called 20.2798 acre SAVE AND EXCEPT tract (described in the aforementioned Harris County Clerk 's File as Tract 1 of the "S Parcels") from which a found 5/8-inch iron rod bears S 76° 51 ' 26" E, 0.76 feet, and marking the most Northerly West corner of the herein described tract; THENCE, N 71° 10' 06" E, along the North line of this tract, a distance of 100.50 feet to a point on the Westerly right-of-way line of Proposed Bay Area Boulevard (100-feet - wide) for the most Northerly East corner of this tract; THENCE, S 18° 49' 54" E, along the aforesaid right-of-way line, a distance of 711.66 feet to a point in the Southeast line of the aforementioned Tract Two for the most Southerly East corner of this tract; THENCE, S 41° 41' 16" W, along the Southeast line of said Tract Two, a distance of 115.00 feet to a 5/8-inch iron rod found for the most Easterly corner of the aforesaid 20.2798 acre tract; THENCE, N 18° 51' 40" 'W, along the Northeast line of said 20.2798 acre tract, a distance of 768.25 feet to the POINT OF BEGINNING and containing 1.7040 acre of land. E-8 THE APPRAISAL DIVISION I I + " DEFINITION OF MARKET VALUE Market value is defined as "the most probable price in terms of money which a property should bring in competitive and open market under all conditions requisite to a fair sale , the buyer and seller , each acting prudently , knowledgeably and assuming the price is not affected by undue stimulus" . Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1 . Buyer and seller are typically motivated ; 2 . Both parties are well informed or well advised , and each acting in what he considered his own best interest ; 3. A reasonable time is allowed for exposure in the open market ; 4 . Payment is made in cash or its equivalent ; 5. Financing , if any, is on terms generally available in the community at the specified date and typically for the property type in its locale ; 6 . The price represents a normal consideration for the property sold , unaffected by special financing amounts and/or terms , services , fees , costs , or credits incurred in the transaction. E-9 THE APPRAISAL DIVISION 4 CERTIFICATION (1) We have no present or contemplated future interest in the real estate that is the subject of this appraisal report . (2) William R. Murphy has inspected the property. (3) We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. (4) To the best of our knowledge and belief, the statements of fact contained in the appraisal report, upon which the analysis, opinions and conclusions expressed herein are based, are true and correct. (5) This appraisal report sets forth all the limiting conditions (imposed by the terms of our assignment or by the undersigned) affecting the analysis, opinions and conclusions contained in this report . (6) This appraisal report has been made in conformity with and is subject to the requirements of the code of professional ethics and standards of professional conduct of the American Institute of Real Estate Appraisers of the National Association of Realtors. (7) No one other than the undersigned prepared the analysis, conclusions and opinions concerning real estate that are set forth in this appraisal report. (8) The American Institute of Real Estate Appraisers conducts a voluntary program of continuing education for its designated members. M.A.I . 's and R.M. 's who meet the minimum standards of this program are awarded periodic educational certification, William R. Murphy, M.A.I . , is certified under this program through December 31, 1986 . CUSHMAN & WAKEFIELD OF TEXAS, INC. APPRAISAL DIVISION (Ai - I) /ILL William R. Murphy, M.A.I., S.R.P.A. Vice President-Regional Marketing Director E-10 WAKE THE APPRAISAL DIVISION 4 • ASSUMPTIONS AND LIMITING CONDITIONS This appraisal is subject to the following assumptions and limiting conditions: ( 1 ) No survey of the subject property was undertaken. (2 ) The subject property is free and clear of all liens except as herein described . No responsibility is assumed by the appraisers for matters which are of a legal nature , nor is any opinion on the title rendered herewith . Good and marketable title is assumed. ( 3 ) The information contained herein has been gathered from sources deemed to be reliable . No responsibility can be taken by the appraisers for its accuracy. Correctness of estimates , opinions , dimensions, sketches and other exhibits which have been furnished and have been used in this report are not guaranteed . The value estimate rendered herein is considered reliable and valid only as of the date of the appraisal , due to rapid changes in the external factors that can significantly affect the property value . ( 4 ) The appraisers herein , by reason of this report , are not required to give testimony in court with reference to the property appraised unless notice and proper arrangements have been previously made therefore. ( 5 ) The value estimate assumes responsible ownership and competent management . The appraiser assumes no responsibility for any hidden or unapparent conditions of the property , subsoil , or structures which would render it more or less valuable . No responsibility is assumed for engineering which might be required to discover such factors. (6 ) The final estimate of market value is expressed in terms of the current purchasing power of the dollar. However, the projections are based on changing dollars and are discounted to present worth at a changing dollar discount rate . ( 7 ) Possession of this report or any copy does to carry with it the right of publication nor may the same be used for any purpose by anyone but the client without the previous written consent of Cushman & wakefield , and in any event , only in its entirety . Neither all nor any part of the contents of this report shall be conveyed to the public through advertising , public relations , news , sales , or other media without prior written consent and approval of the author , particularly as to the the firm with which he is connected , or any reference to the American Institute of Real Estate Appraisers, or the M .A. I . designation. E-11 IVRIEL X X rlrAnC THE APPRAISAL DIVISION 1 ' ',Ail.44mptions and Limiting Conditions. Continued (8) Possession of this report or any copy thereof does not carry with it the right of publication nor may the same be used for any purpose by anyone but the client without the previous written consent of Cushman i Wakefield, and in any event, only in its entirety. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media without prior written consent and approval of the author, particularly as to the firm with which he is connected, or any reference to the American Institute of Real Estate Appraisers, or the M.A.I . designation. (9) The appraiser hereby certifies that to the best of his knowledge and belief, the statements and opinions contained in this appraisal, subject to the limiting conditions as set forth, are correct; also that this appraisal has been made in conformity with the Code of Professional Ethics and Standards of Professional Practice of the American Institute of Real Estate Appraisers of the National Association of Realtors. E-12N& F1ELD THE APPRAISAL DIVISION 4 e • , r, , • QUALIFICATIONS OFWILLIAM MURPHY William R. Murphy has been engaged in real estate appraisal work since February, 1974 . Presently, he is Vice President and Regional Marketing Director of the South Central Region of Cushman & Wakefield of Texas , Inc. Appraisal Division with offices at 1300 Post Oak Boulevard, Suite 1300 , Houston, Texas 77056 , (713) 961-3700 . Since 1974, his appraisal experience has included appraisals on numerous types of properties including commercial , industrial , retail and special purpose properties . Appraisals on multi-family residential (apartments) , townhouse, condominium and detached residential properties have been completed . He has prepared assignments for banks, mortgage companies, savings and loan associations , insurance companies , corporations , estates , attorneys, realtors and individuals . Mr . Murphy is a member of the American Institute of Real Estate Appraisers , receiving the MAI designation (Member Appraisal Institute) in April of 1980 . Mr . Murphy is also a member of the Society of Real Estate Appraisers, receiving the SRA (Senior Residential Appraisers) designation in February, 1977 and the SRPA (Senior Real Property Appraiser) designation in March, 1978 . Mr . Murphy is a Realtor Member of the Houston Board of Realtors of the National Association of Realtors . He is also a member of the Realtors National Marketing Institute and the Houston Apartment Association. He holds a Texas Real Estate Broker 's License #194519 and received his BBA in 1970 from the University of Texas with a double major in Accounting and Finance. He has sucessfully completed "The Principles of Real Estate" course at the University of Texas . Other real estate courses completed are: "Real Estate Brokerage" , "Real Estate Management" , "Advanced Real Estate Appraisal" and "Real Estate Practices" at the University of Houston. He has successfully completed Courses 1A, 1B, 11 and 6 of the American Institute of Real Estate Appraisers . "The American Institute of Real Estate Appraisers conducts a voluntary program of continuing professional education for its designated members . MAI and RM members who meet the minimum standards of this program are awarded a periodic educational certifications" . Mr . Murphy is certified under this program through December 31 , 1986 . E-13 FinA &E D® THE APPRAISAL DIVISION • ,'0'Jeflfications of William R. Murphy - Continued The following is a partial list of clients for which appraisals have been completed by Mr. Murphy: Adams & Holmes Mortgage Company Mercantile Mortgage Company Aetna Life and Casuality Mortgage Company of Texas Allied Banks Mortgage and Trust American General Investment Corp. N. American Life & Casuality Co. American United Life Insurance Co. North American Mortgage Co. Bank of Oklahoma Northwest Bank & Trust Bank of St . Louis Nowlin Mortgage Corporation Bank of the Southwest Plaza Lincoln Mercury Coastal State Gas Company Relocation Realty Coldwell Banker Riata Development Continental Savings River Oaks Bank & Trust Continental First Service Corp. Southwestern Bell Telephone Co. Cullen Savings State Farm Insurance Co. Eastman - Kodak Stratford of Texas Enterprises Mortgage Corp. of Texas Suburban Coastal Corp. Executran' s, Inc. Texas Commerce Bank First City Bank Texas Employment Commission First Continental Mortgage Texas Western Mortgage First National Bank in Bartlesville The Equitable Relocation Service First State Bank of Bellaire The Gill Companies Gibraltar Savings The Robert C . Wilson Co. Gulf Coast Investment & Mortgage Co. Transamerica Relocation Houston Southwest Bank United Savings Jagger & Associates University Savings Mason - McDuffie Co. of Texas Victoria Federal Savings & Loan E-14 C2ntiSte THE APPRAISAL DIVISION Exhibit A ' Tract 1 EXHIBIT E-1 Description of a 0.0504 acre (2,196 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, in the .Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 150-foot Drainage Easement) : BEGINNING'at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northwest corner of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680, the Northeast corner of said 150-foot wide Harris County Flood Control District Drainage Easement and the herein described tract ; THENCE, S 08° 47 ' 13" E, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549,for the South corner of this tract ; THENCE, N 48° 24 ' 18" W, along the aforesaid survey line, a distance of 94.55 feet to a point in the South right-of-way line of said FM 528 for the West corner of this tract ; THENCE, N 81° 12' 47" E, along the South right-of-way line of said FM 528, a distance of 60.29 feet to the POINT OF BEGINNING and containing 0.0504 acre of land. • ' ' Exhibit A 1 "rY e Tract 2 1 EXHIBIT E-2 • Description of a 2.0576 acre (89,630 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk's File No. D546432 and being out of a called 289.757 acre tract described as Tract Four in a deed recorded in Harris County Clerk 's File No. E838626, in the Thomas Choate Survey, Abstract 12, in Harris County, Texas and being more fully described by metes and bounds as follows (with bearings referenced to said 289.757 acre tract) : - COMMENCING at a 5/8-inch iron rod found in the South right- of-way line' of FM 528 (100-feet wide) for the Northeast corner of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680; THENCE, S 08° 47 ' 13" E, along the East line of said 0.5006 acre tract, a distance of 145.45 feet to a point for the most Northerly East corner and POINT OF BEGINNING of the herein described tract; THENCE, S 48° 24 ' 18" E, along the Northeasterly line of this tract, a distance of 1,519.72 feet to a point in the South line of the aforementioned Choate Survey and the North line of the John Dickinson Survey, Abstract 15,for the most Easterly corner of this tract; THENCE, N 88° 35 ' 39" W, along said Survey lines, a distance of 92.98 feet to a 1-inch square bar found for the common corner of said Choate and Dickinson Surveys and the East corner of the Sarah McKissick Survey, Abstract 549; THENCE, N 48° 24 ' 18" W, along the common line between said Choate and McKissick Surveys, a distance of 1,482.06 feet to a point in the South line of the aforementioned 0.5006 acre tract for the most Westerly corner of this tract; THENCE, N 81° 12' 47" E, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a 5/8-inch. iron rod found for the Southeast corner of said 0. 5006 acre tract ; THENCE, N 08° 47 ' 13" W, along the East line of said 0. 5006 acre tract, a distance of 12.55 feet to the POINT OF BEGINNING and containing 2.0576 acres of land. • ( . Exhibit A /r - - Tract 3 EXHIBIT F Description of a 0.2306 acre (10,046 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File -No. D546432 and being out of a certain 0.5006 acre tract described in Harris County Clerk 's File No. E184680, in the Thomas Choate- Survey, Abstract 12, in Harris County, Texas and • being more fully described by metes and bounds as follows (with bearings • referenced to said 0.5006 acre tract) : - BEGINNING at .a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northeast corner of a 150-foot wide Harris County Flood Control District Drainage Easement described in Harris County Clerk 's File No. E449568, the Northwest corner of said 0.5006 acre tract and the herein described tract ; THENCE, N 81° 12 ' 47" E, along the South right-of-way line of said FM 528, a distance of 17.60 feet to a point for corner; • THENCE, S 48° 24 ' 18" E, a distance of 188.81 feet to a point in the East line of the aforesaid 0.5006 acre tract for an Easterly corner of this tract; THENCE, S 08° 47 ' 13" E, along the East line of said 0. 5006 acre -tract, a distance of 12.55 feet to a 5/8-inch iron rod found for the Southeast corner of said 0.5006 acre tract; THENCE, S 81° 12 ' 47" W, along the South line of said 0.5006 acre tract, a distance of 67.50 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey, Abstract 549,for the most Westerly South corner of this tract; THENCE, N 48° 24 ' 18" W,`along the aforesaid survey line, a distance of 110.56 feet to a point in an East line of the aforementioned 150-foot Harris County Drainage Easement and the West line of said 0.5006 acre tract for a West corner of this tract ; THENCE, N 08° 47 ' 13" W, along the common line between said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to the POINT OF BEGINNING and containing 0.2306 acre of land.