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HomeMy WebLinkAboutNo Address - Deed - Sunwood Development, Inc P737503 Parcels 54, 55, & 60 Texas Department of Tranrportmion ����J���� Farm D-15-14 331 Page 1 of 3 Rev. 9/91 03/07/94 00070262 P737503 $ 22.00 DEED THE STATE OF TEXAS COUNTY.OF Harris ) KNOW ALL MEN BY THESE PRESENTS: That, Sunwood Development ,_ Inc. 3518 Travis, Houston. Texas. J7nn2 2 2 of the County of Harris , State of Texas, hereinafter referred to as Grantors, whether one or more. for nrid in consideration of the sum of One hundred thirty one thousand, four .hundred-thirty dollars and no/100 Dollars (; 131 ,430.0-0 ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission,receipt of which is hereby acknowledged, and for which no lien is retained,either expressed or implied,have this day Sold and by these presents do Grant, Bargain,Sell and Convey unto the State of Texas all that certain tract orparcel of land m Harris County, Texas,more particularly described in Ex- hibit"A,"which is attached hereto and incorporated herein for any and all purposes. Exhibit "A" consists of part 1 & 2. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A," to wit: N/A Grantors covenant and agree to remove the above-described improvements from said land by the day of , 19 ,subject, however,to such extensions of time as may be granted by the State in writing; and if,for any reason, Grantors fail or refuse to remove same within said period of time prescribed,then,without any further consideration,the title to all or any part of such improvements not so removed shill pass to and vest in the State of Texas forever. Grantors reserve all of the oil,gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring,developing, mining or drilling for same;however,nothing in this reservation shall affect the title and rights of the Stare to take and use all Other rnineraLs and materials thereon, therein and thereunder. This deed is delivered and accepted subject to any and all presently recorded easements, rights-of-way, restrictions and other matters of record, reservations, covenants, conditions, oil and gas leases, mineral severances, other than liens and conveyances, that affect this property. n._1.+,1. City of Friendswood Attn: City Secretary 109 Willowick PAGE 1 Friendswood, Texas 77546 Parcels 54, 55, & 60 • Tezis Department of Transportation L9 ~6 -033? Form D-15-14 Page 2 of 3 Rev. 9/91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs,executors,administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN NESS WHEREOF, this instrument is executed on this the 2 i S T day of Sunwood Development, Inc. � 1 l � By: ( . (.c.�,�'�/ 4'A-tds-47 C. David owery * ************************************************1c*******4***** .****4********** * ACKNOWLEDGMENT THE STA OF TEXAS, } COUNTY OF } BEFORE ME, the undersigned, • otary Public. no this day personally appeared , known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose names)is(are)subscribed to the foregoing instrum". • acknowledged to me that heisbe/they executed the same for the purposes and consideration therein dressed GIVEN UNDER MY HAND AND SEAL OF OFFICE., this day of , 19 _ Notary Public,State of Texas My Commission expires on the day of '19 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF Harris } BEFORE ME, the undersigned, a Notary Public, on this day personally appeared C. David Tower of Sunwood Development, Inc. , known to are to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the.same was the act of the said Sunwood Development ,_ Inc. , a corporation, that he/she WAS duly authorized to perform the same by appropriate resolution of the hoard of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the,ca,p ?ty- therein stated. // ,, l� . GIVEN UNDER MY HAND AND SEAL OF 0 CE, this�,I2, clay of 07 19 •,i� = ` Notary Public,State of Tex a 4 ' 44 •y �;'r �eLvit s_/')')j�iU�iC L' Get-'....•••'� ` My Commission expires on the /dk-day of Air9l� . 19I.V.0''' PAGE 2 • . Parcels 54, 55, & 60 Texas Department of Transportation Form D-15 14 �92-63-0333 Page 3 of 3 Rev. 9/91 After recording please return this instrument to: Deloris McKenzie, T.R.M.C. ` City Secretary __________3 City of Friendswood 109 Willowick Friendswood, TX 77546 V 1 44)) U U zr 40 p O 0 in 1 '' - C/� i. U O in U `D� x I H pH a la 3a Ln c r-+ W Q o co C z ul t)j O U O E Q: c ,� Z c E- a. cin u 715 J (s+ o p �/J .� tz 0 V vs T, ,-, , Q O E" a-+ 0., Y+ `8 N > O b �' a x o It ' i � c Z I U O oL -0 pa� ' 0. �o 4 ea CERTIFICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF Harris } PAGE 3 F.M. 528 • • Parcel 54 & 55 $129,890 692-63-0334 County: Harris Highway: F.M . 528 Project Limits : From Galveston County Line to IH-45 C. S.J. : 0981-01- Field Notes for Parcel 54 Being 0.0634 of one acre of land , out of a 0. 5006 of one acre tract of land , located in the Sarah McKissick Survey, Abstract No . 549 and rT the Thomas Choate Survey, Abstract No. 12, Harris County, Texas , being that same certain 0 . 5006 of one acre tract of land conveyed from Austin-Northwest Development Company to Gulf Coast Waste Disposal Authority as described in deed dated June 17, 1974 and recorded under File No. E184680 of the Official Public Records of Real Property in Harris County, Texas (O. P. R. R. P. H.C. ) , said 0. 0634 of one acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the southwest corner of said 0 . 5006 of one acre tract, said corner lying on the east line of that certain 12.2828 acre tract of land , as described in deed recorded under File No . F520478 O. P. R. R. P. H.C. , thence as follows: North 08°47 '12" West , along the common line of said 12. 2828 acre tract and said 0.5006 of one acre tract , a distance of 138.00 feet to the southwest corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of F.M. 528, and being the POINT OF BEGINNING having coordinates X = 3, 220,046.59 and Y = 633, 931. 42; 1 ) THENCE NORTH 08°47 ' 12" West , continuing along said common line a distance of 20. 00 feet to the northwest corner of the herein described parcel , said corner lying on the existing southerly right-of-way line of F.M. 528 ( 100. 00 foot wide) ; 2 ) THENCE NORTH 81 °12 '48" East , along said existing southerly right-of-way line of F.M. 528 , a distance of 138 . 00 feet to a found 5/8 inch iron rod for the northeast corner of the herein described parcel , and said 0. 5006 of one acre tract , being the most northerly northwest corner of that certain 319 . 5538 acre tract , as described in deed filed under K415221 O. P. R. R. P. H . C. ; PAGE 4 • • • • F.M. 528 Parcel 54 & 55 $129,890 C92-63-0335 3) THENCE SOUTH 08°47 '12" East , along the common line of said 0. 5006 of one acre tract and said 319. 5538 acre tract , a distance of 20. 00 feet to the southeast corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of F.M. 528; 4 ) THENCE SOUTH 81 °12 '48" West , along said proposed southerly right-of-way line of F.M. 528, a distance of 138. 00 feet to the POINT OF BEGINNING, and containing 0.0634 of one acre of land , more or less. (All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . PAGE 5 • F.M. 528 Parcel 54 & 55 $129,890 L92-63` 0336 County : Harris Highway: F.M. 528 Project Limits : From Galveston County Line to IH-45 C. S.J. : 0981-01- Field Notes for Parcel 55 Being 1. 5096 acres of land , out of a 319. 5538 acre tract of land , located in the Thomas Choate Survey, Abstract No . 12, the John Dickinson Survey, Abstract No. 15 and the Sarah McKissick Survey , Abstract No . 549 , in Harris County, Texas, being that same certain 319. 5538 acre tract conveyed fran Bay Area Land Company, Ltd . , to H. D. Investors , Inc . , as described in deed dated February 17, 1986 and recorded under File No. K415221 of the Official Public Records of Real Property in Harris County, Texas (O. P. R. R. P. H.C. ) , said 1 . 5096 acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the southeast corner of that certain 0 . 5006 of one acre tract of land , as described in deed recorded under File No. E184680 of the O. P. R. R. P. H. C. , said corner being an interior westerly corner of said 319. 5538 acre tract , thence as follows : North 08°47 ' 12" West , along the common boundary line of said 319. 5538 acre tract and said 0. 5006 of one acre tract , a distance of 138. 00 feet to the southwest corner of the herein described parcel , lying on the proposed southerly right-of-way line of F.M. 528, and the POINT OF BEGINNING having coordinates X = 3,220, 182. 97 and Y = 633, 952. 50 ; 1 ) THENCE NORTH 08°47 ' 12" West , continuing along said common boundary line , a distance of 20. 00 feet to a found 5/8 inch iron rod for the northwest corner of the herein described parcel and the most northerly northwest corner of said 319. 5538 acre tract , being the northeast corner of said 0. 5006 of one acre tract , same lying in the existing southerly right-of-way line of F . M . 528 ( 100. 00 foot wide) ; 2) THENCE NORTH 81 ° 12 ' 48 " East , along the existing southerly right-of-way line of F .M. 528 , a distance of 3, 106 . 58 feet to a 1/2 inch iron rod found for the northeast corner of the herein described parcel , said point being the northwest corner of that certain 17. 8830 acre tract , conveyed to Harris County Flood Control District by deed recorded under File No. F520478 O. P. R. R. P. H. C. , PAGE 6 • • • F.M. 528 Parcel 54 & 55 $129,890 C�9Z"'63_0337 3) THENCE SOUTH 03 °00 '51 " East , ( called South 03°00 '52" East) along the common boundary line of said 17. 8830 acre tract and 319. 5538 acre tract, a distance of 38. 64 feet to a point for the southeast corner of the herein described parcel , lying on the aforesaid proposed southerly right-of-way line of F.M. 528; 4 ) THENCE SOUTH 79 °48 '58" West , along said proposed southerly right-of-way line of E.M. 528, a distance of 63. 91 feet to an angle point in said proposed southerly right-of-way line and the herein described parcel; 5 ) THENCE SOUTH 85 °58 '37" West , continuing along said proposed southerly right-of-way line of F.M. 528 , a distance of 240.83 feet to an angle point in said right-of-way line and the herein described parcel ; 6 ) THENCE SOUTH 81°12 '48" West , continuing along said proposed southerly right-of-way line of F.M. 528 , a distance of 2,798. 81 feet to the POINT OF BEGINNING, and containing 1 . 5096 acres of land, more or less . ( All bearings are based on the Texas State Plane Coordinate System, South Central Lone) . PAGE 7 • • FM 528 Parcel 60 $1,540.00 092-63-0338 County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S.J.: 0981-01-076 Field Notes for Parcel 60 Being 0.071 of one acre (3,079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12, Harris County, Texas and being out of a 17.8830 acre tract of land conveyed from Harris County Municipal Utility District No. 55 to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F520478 of the Official Public Records of Real Property of Harris County, Texas, said 0.071 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2.672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas and an interior corner of a 137.3944 acre tract conveyed to Crestfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under file No. J171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows: North 03° 00' 50" West, along the East line of said 2.672 acre tract and an interior West line of said 137.3944 acre tract, a distance of 346.25 feet to the existing South right of way line of F.M. 528 (100 feet wide); South 81° 12' 48" West, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 357.42 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed South right of way line of F.M. 528 at the Northwest corner of said 2.672 acre tract and the Northeast corner of said 17.8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3,223,408.33 and Y = 634,471 .28 from which a found five-eighths inch iron rod bears North 05° 36' 35" East, 0.29 East. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone,-all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0.999870.); PAGE 8 F.M. 528 Parcel 60 $1,540.00 G92-63_0339 1.) THENCE South 68° 01' 33" West, along the proposed South right of way line of F.M. 528, a distance of 168.50 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the West line of said 17.8830 acre tract and the East line of a 319.5538 acre tract conveyed to H.D. Investors, Inc. from Bay Area Land Company, Ltd. by deed dated February 17, 1986 and recorded under File No. K415221 of the Official Public Records of Real Property of Harris County, Texas; 2.) THENCE North 03° 00' 52" West, along the West line of said 17.8830 acre tract and the East line of said 319.5538 acre tract, a distance of 38.64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. 528 (100 feet wide); 3.) THENCE North 81° 12' 48" East, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 160.17 feet to the POINT OF BEGINNING and containing 0.071 of one acre (3,079 square feet) of land, more or less. CERTIFIED CORREC . Jo . Ward, r. egistered Professional La urveyor Reg. No. 821 MAR 29 1993 s re9tiFr FILED FOR Rt C•')to.i �Q� .,;� ; R'f)D JOE A. WARD, JR. .— MAR 7 1994 \ 821 ,, s s 10: c){- SOF14 N Cuunty l;lerk.Hares County,Texas CITY OF FRIENDSWOOD RECORDER'S MEMORS N�DUMent was r r'ry Secretary At the time of recordation, photographic found to be Inadequate for the bbllit , carbon or IowICk reproduction because of illeg Friendswood,Texas 77546-3898 oto copy, discolored paper llatlthe time additions and changes were present CITY OF FRIENDSWOOD the instrument was filed Attn:City Secretary 109 Willowick PAGEand 9recorded. Friendswood,Texas 77546-3898 EL! u42Mooa' JC3M!II d.;J:C!t�2 :IAC. of Li3102/040. ('9 ~0340 • • • rn MAR � -- O r�O IV ti AJ �r lf'06Z�P' AMY PIIlVI$IDM MENEIM NMICN'IEBII4I IME AAEE.AEMiµ OR USE OF IME DESCRIBED REAI PROPERTY BECAUSE OE cOEOR OR RACE II IMYµiQ AMD UMENWORCEABEE ADP IEDERAt EAW THE STATE OF TEXAS I COUNTY OF HARRIS I hereby certify that this instrument was FILED in Foe Number Sequence on the date and at the time Stamped hereon by me,and was duly RECORDED, in the Official Public Records of Real Property of Harris County,Texas on MAR 7 1994/ L.. DEPUTY o ATY�. COUNTY CLERK • HARRIS COUNTY,TEXAS (61•N*29303/i ca • •I ... _ Yap Mayor 7 04-tri ;k" EVELYN NEWMAN � Councilmembers � �''�`'` '• &ty9LElcLuJoodofMEL P. MEASELES TOM MANISON M 109 WILLOWICK 713/482.3323 HAROLDED UART RALEY FRIENDSWOOD, TEXAS 77546.3898 JANIS LOWE City Manager 1© RONALD E. COX .heti` City Secretary DELORIS McKENZIE, T.R.M.C. February 25, 1994 Cert./RRR #P 477-230-242 Molly Pryor County Clerk of Harris Harris County Courthouse P.O. Box 1525 Houston, Texas 77251-1525 Dear Ms. Pryor, Please find attached for recording the following document from the City of Friendswood and our fee payment: DEED: Right-of-Way Easement F.M. 528 from Galveston County Line to IH-45 Parcels 54, 55 & 60 1.5730 acres Harris County, Texas Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, (;, 4fc:‘ Linda Thornton Assistant City Secretary Attachments: - 9 - lst.94/molly.doc P 477 230 242 -RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDEC NOT FOR INTERNATIONAL MAIL (See Reverse) • sent `Countylerk of Ha ris 4 10h ig f'ounty�CourthoL e • P • B.x 1525 _ P O.State and ZIP Code a Houston Tx. 77251-1525 NPostage S / 175 D # Certified Fee CO el Special Delivery Fee Restricted Delivery Fee Return Receipt showing / 0 to whom and Date Delivered _ in °D Return Receipt showing to whom Date.and Address of Delivery o D• TOTAL Postage and Fees o Mil Postmark or Date co fM [° 3/3/94 0 4 N. SENDER:. I also wish to receive the • ' )mplete items 1 and/or 2 for additionah services. following services (for an extra v y ` • Completerintyour items a, and dr &b. fee): v�i • Print your name and address on the reverse of this form so that we can � a`t return this card to you. 1. ❑ Addressee's Address I • Attach this form to the front of the mailpiece,or on the back if space « a does not permit. 2. ❑ Restricted Delivery y Write"Return Receipt Requested"on the mailpiece below the article number. c) L • Consult postmaster for fee. c • The Return Receipt will show to whom the article was delivered and the date cy CC c delivered. 4a. Article Number ` 13 3. Article Addressed to: P 4 7 7_2 3 0—2 4 2 '5 Molly Pryor d a� 4b. Service Type � E County Clerk of Harris ❑ ReervicreT ❑ Insured rn g ❑ coo c cn Harris County Courthouse CI Registed P.O. r n x 1525 ❑ Express Mail El Receipt for W Houston, Texas 77251-1525 Very Merchandise c O 7. Date 71994 0 O r Q 8. Addressee's Address(Only if requested c Fc 5. Signature (Addressee) and fee is paid) t I- F- H • m6. Signature •gent) 5 t. NM PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT 0 � �/� ' ^ • CC: M & CC P/1/145‘ ,,:TY .\s 3R. Texasco 6> news D ment of Transportation 9 ,, ,A ,,,,,, , ,„, „,, �V,„a Houston District Ri J P.O. Box 1386, Houston , Texas 77251-138f Q� t�k�0�•� 1' 713/802-5071 k, 4� FAX 713/ 2-50�5 Vc..--:44 ti`� 16-94 3/31/94 Houston ) r 3 i 4 ;1���1� Public Affairs Office (713) 802-5072 EXPANSION OF FM 528 IN FRIENDSWOOD ANNOUNCED The Texas Transportation Commission has awarded a contract for the expansion ofFM 528 in Friendswood,including the construction ofa new bridge over Clear Creek. The completed roadway will be three lanes both east-and westbound separated by a left-turn lane in the center. There will be no r median. Outside curbs and gutters will also be installed as part ofthe construction work. The three-and-a-half miles of expansion will be done in two parts. The major portion ofthe work will be done inHarris County on three miles of roadway between IH 45 South to the Galveston County line at Clear Creek. In Galveston County, the remaining one-halfmile of roadway will be completed between Clear Creek and Winding Way. This expansion extends work previously completed in Friend swood between the Brazoria County line and Winding Way. Brown and Root,Inc.,was awarded the$14,982,017.74 contract. r In addition,the expansion will include live-foot-wide bicycle lanes,both the east-and westbound, between Winding Way and Black Hawk streets. Previous construction south of Winding Way had also included the bicycle lanes from Sunset to Winding Way. Construction ofthe new bridge will begin in the eastbound direction. All work on this project will be complete by December 1995. -- 30 -- 8-4-93 cc Jimmy Thompson Roger Roecker Deloris McKenzie D L Jones Texaco Pipeline Inc PO Box 42286 Asst to District Manager Houston TX 77242 2286 Houston District 713 953 4263 11 [mot . • ri August 2 1993 � F3 j z Texas Department of Transportation c/o Dwight A. Allen c4-' ;: P.O. Box 1386 Houston, Texas 77251-1386 #4A RE: FM 528 Improvements Between Galveston Co. line and IH45 FED Project No. MA-HK113 Dear Mr. Allen: Reference is made to your subject letter dated July 23, 1993, in which you requested that we complete and sign Utility Joint USe Agreement for our pipeline crossing of FM 520, Harris County, Texas. Before we can sign the Joint Use Agreement we will need to evaluate the effect your planned improvements will have on our pipeline and what we will have to do for its protection. Could you please forward to this office any plans you have for said improvements between Blackhawk Blvd. and Hibiscus Street? We would certainly appreciate it. Yours very truly, DLJ / cc:'Ron Cox, City Manager City of Friendswood 109 Willowick407:19: 6)15) �Friendswood, Texas 77546 RECEIVED ' s'i CITY OF FRIENDSWOOD `w ac-) CITY SECRETARY �,v�. M EVELYN NayorEWMAN 14'lam`�. Councilmembers .�`�'•`�'`'`•�• . � � 9uncLuiood2LLyO MEL P. MEASELES HTOM MANISON ED STUART 109 WILLOWICK 713/482.3323 FRIENDSWOOD, TEXAS 77546.3898 HAROLD RALEY JANIS LOWE City Manager 1©l 0944f RONALD E. COX a�•.O 9 City Secretary •-•=.t-=_�:S DELORIS McKENZIE, T.R.M.0 February 25, 1994 Cert./RRR #P 477-230-242 Molly Pryor County Clerk of Harris Harris County Courthouse P.O. Box 1525 Houston, Texas 77251-1525 Dear Ms. Pryor, Please find attached for recording the following document from the City of Friendswood and our fee payment: DEED: Right-of-Way Easement F.M. 528 from Galveston County Line to IH-45 Parcels 54, 55 & 60 1. 5730 acres Harris County, Texas Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, Linda Thornton Assistant City Secretary Attachments: - 9 - lst.94/molly.doc 7-28-93 cc: Jimmy Thompson, Deloris McKenzie, Mayor, Roger Roecker Texas Department of Transportation P.O. BOX 1386•HOUSTON, TEXAS 77251-1386•(713) 869-4571 July 23, 199322 (7/ ee� o`L f 9, CONTACT: ' /'F ; DAA '93 Account No. : 0981-01-076 Ur �C ` Fed. Project No. : MA-HK113 r ` CSJ No. : 0981-01-051 `Y J County: Harris Highway: FM 528 Limits: From Galveston County Line To IH 45 (2.900) Texaco Pipeline Company, Inc. P. 0. Box 42286 Houston, Texas 77242 Attention: Mr. B.L. Lednicky Gentlemen: As related to the above referenced project, we are providing Texas Department of Transportation (TxDOT) Form D-15-24-A, Utility Joint Use Agreement (Non-Controlled Access Highway) for execution by your office. This form should be returned in quadruplicate with original signatures in conjunction with a detailed plan of adjustment and corresponding estimate defining your proposed work. Additionally, we request that all available information establishing the property rights held by Texaco Pipeline Company, Inc. be included for review and final determination. In this instance, the City of Friendswood (The City) will be responsible for reimbursement of all eligible expenditures evolving from the adjustment of this facility. Consequently, the City will generate the documents necessary to solidify the required agreement. At this time, we refer you to Mr. Ron Cox, City of Friendswood, City Manager at (713) 482-3323. If additional information is needed, please contact Mr. Gary L. Ray at (713) 802-5778. Sincerely, /3-el4-‘-( Dwight A. Allen, P.E. Director of District Right of Way District No. 12 GLR/ts cc: Mr. Ron Cox, City Manager City of Friendswood 109 Willowick Friendswood, Texas 77546 Texas Department of Transportation Form D-15-24A Page 1 of 2 Rev. 12/91 Utility Joint Use Agreement (Non-Controlled Access Highway) Agreement No. THE STATE OF TEXAS } County Harris COUNTY OF } Federal Project No. } CSJ No. ROW Account No. 0981-01-076 Highway No. FM 528 Limits From Galveston County Line To IH 45 (2.900) WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart- ment of Transportation,proposes to make certain highway improvements on that section of the above- indicated highway; and WHEREAS, the Texaco Pipeline Company, Inc. , herein- after called the Owner,proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicted on the plans attached to Standard Utility Agreement as executed by Owner on the day of , 19 , or on location sketches attached hereto except as provided hereinbelow; NOW,THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter,modify or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained,provided,however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to furnish necessary sketches showing location,type of construction and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration,modification or new construction will injure the highway or endanger the traveling public using said highway, the Texas Department of Transportation shall have the right, after receipt of such notice,to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway;pro- vided further,however,that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment,either party hereto may at their own responsibility and risk make necessary emergency repairs,notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. Texas Department of Transportation Form D-15-24A Page 2 of 2 Rev. 12/91 IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: EXECUTION RECOMMENDED: Utility Name By: Authorized Signature District Engineer,Texas Department of Transportation Title: Date: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Director of Right of Way Texas Department of Transportation Date: September 22 , 1993 To : Mayor Newman From : Deloris McKenzie Regarding the status of rights of way for F .M. 528 , the following information has been obtained . I have contacted Todd Corbin , Designer for TxDot , regarding the letter of assurance for Gulf Coast Waste Authority for the right of way crossing Bay Area Boulevard which is a part of the Title Report on parcels 54 & 55 , represented by Mr . David Towery . Mr . Corbin advised TxDot basicly agreed to everything that Gulf Coast had requested . Mr . Corbin has advised the letter has been written , is on his Supervisors desk for signature and is expected to be mailed today or tomorrow. I have requested a copy of the letter be faxed to me . I have contacted Mr . David Towery to schedule a meeting as we have discussed , for next week with Mr . Towery , his engineer Mr . John Garner , Ron Cox ( Ron has indicated he will be unable to attend ) , Jimmy Thompson, John Olson and myself . Mr . Towery can meet on Friday , October 1 at 10 : 00 A .M. at City Hall , Conference Room. Please let me known if this meets with your schedule . We will discuss with Mr . Towery the acquisition of parcels 54 & 55 , the Donation Deed for the Bay Area Boulevard property that we will have the Quick Claim Deed on from Gulf Coast Waste Authority and other development discussion as may be pertinent . Ms . Carol Letz , representing TxDot Right of Way is out of town and will be unable to attend . Please advise if you want someone present to represent TxDot . We may not want or need a TxDot Representative at this meeting . I have contacted Mr . Morgan Shumate , TxDot Right of Way regarding actual ownership of Parcel 60 . I have faxed Mr . Shumate a copy of the Title Report that shows Harris County Municipal Utility District as the owner . Mr . Shumate is researching and will get back to me before next Friday . As I have indicated , I have the Title Report and the Appraisal and if for some reason the Title Report is incorrect and the property belongs to Sunwood Development , we would be in a position to negotiate the acquisition of the right of way with Mr . Towery at next Friday ' s meeting . I will have all of the appropriate documents available for Firday ' s meeting . I have contacted Mr . Jess Hegemier , League City Engineer regarding the CDC parcel and have not received a phone call back . Mr . Hegemier had previously advised that he has completed the appraisal and the Title Report on this property . Therefore , we will be in a position to negotiate the purchase of this property. We will need to determine if we want to jointly purchase this property with League City as we had earlier indicated or if we want to send correspondence and offer to purchase only our portion of the right-of way. cc : Ron Cox, City Manager John Olson , City Attorney Jimmie Thompson, Community Development Director MEMO CITY OF FRIENDSWOOD December 7, 1993 Office of the City Manager MC/93/125 To: Mayor Newman Subject: Status of FM 528 ROW Purchases December 6, 1993. I talked with Carol Letz. She reported that the deeds for Parcels 63 & 64 are signed and are awaiting a title commitment. Cam Postal is doing the property acquisition for both League City and Webster. On Parcels 65a & 65b in League City, the same owner wants twice what he was offered. The property will likely need to be condemned. An offer has been made on Parcels 66, 67, 68, and 69 which are to be purchased by Webster. Those seem to be going all right. Parcel 68 has a sign on it that must be dealt with. I confirmed this with Al Holguin, City Administrator, Webster. The project is scheduled for March 8 and 9, 1994, with another 30 days for start up. Even with condemnation we should be able to get the work done to avoid delay in the construction. Also, she had a meeting Friday, 12/3, and believes the 20-foot strip at the Bay Area/FM 528 intersection will be released very quickly. She will work on the Bay Area right of way later, after the FM 528 ROW is settled. Regarding the CDC property, Carol suggested that if we have to go to condemnation, and we see we are not going to get the property in time for the letting, we can seek a "right of entry" from the owner, where the contractor can begin construction. December 8, 1993. I talked with Paul Nutting regarding the response you received from Steven Poe, CDC. I told him the appraisal on the Harris County side for CDC was $2.00/square foot and the agreement was for $2.50/square foot. The current appraisal for the League City side of the CDC property is $.60/square foot, and you believe it may be too low. I also told him you thought a price between $1.50 and $2.00/square foot might be feasible. He is to talk to Jess about it. They are preparing for a Council meeting on December 16 and will work toward discussing it then a 910 , with Council. They will let us know what they are going to do. /<vp REC ti DEC/993 r cc Deloris McKenzie , Jimmy Thompson 1FYOFFREAO /J �n� -1017ZYr/ _________,)4,, Ar Texas Department of Transportation P.O. BOX 1386•HOUSTON, TEXAS 77251-1386•(713) 869-4571 July 21, 1993 DAA Harris County 2g25Z6ZJ� F.M. 528: From Galveston County Line to I. H. 45 1J e�9 CSJ No. 0981-01-076 ti Parcels 51, 52, 53, 54, 55, 60 and 62 4 JUL1993 r r The Honorable Evelyn B. Newman ® RECEIVED Gm Mayor, City of Friendswood ' CITY OFFRIEMDBWQ0O ` 109 Willowick Avenue • CITY SECRETARY • Friendswood, Texas 77546-3898 6l •' Dear Mayor Newman: As you may be aware, the City of Friendswood is responsible for acquiring the above parcels for the construction of this segement of F.M. 528. This project is currently scheduled to be let in March, 1994. The plans were completed several months ago, however, changes in certain specifications will be required on any project after a March, 1994 letting date. Please advise this office if the outstanding right of way will be acquired prior to March, 1994, so we may plan accordingly. Please feel free to contact Ms. Carol Letz at (713) 802-5689 if you have any questions. Sincerely, - -0. 4- a. ..---- Dwight A. Allen, P.E. Director of District Right of Way District 12 cjl cc: Ms. Deloris McKenzie, CMC City Secretary City of Friendswood 109 Willowick Avenue Friendswood, Texas 77546-3898 An Equal Opportunity Employer 0- - 41 Texas Department of Transportation P.O. BOX 1386•HOUSTON, TEXAS 77251-1386•(713) 869-4571 April 19, 1993 DAA Harris County F.M. 528: From Galveston County Line to I. H. 45 CSJ No. 0981-01-076 Parcels 51, 52 , 53, 54, 55, 60 and 62 Ms. Deloris McKenzie, CMC City Secretary City of Friendswood 109 Willowick Friendswood, Texas 77546 Dear Ms. McKenzie: Attached are eight copies each of the field notes for the above seven parcels and eight complete sets of the revised right of way maps for this project. Revisions to the map now delineate the city limits for the various agencies involved. These revisions have also eliminated any taking from the Houston Lighting & Power tract. Parcels 51 through 55 and 60 lie within Friendswood's city limits. Parcel 62 lies partially in Friendswood and partially in League City and appears to be under one ownership. You may wish to enter into some type of agreement with League City to acquire this parcel as one conveyance and prorate the acquisition costs between the cities. This project was originally released for acquisition on December 6, 1988 . The Minute Order authorizing this project stipulates that the local public agencies will appraise and acquire the necessary right of way clear of obstructions and bear the cost of adjusting eligible utilities. The State will be responsible for all relocation assistance payments. Cost to clear title will be the responsibility of the acquiring agency. Acquisition procedures should be in accordance with policies of the Texas Department of Transportation and with Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. As of January 1, 1993 , it is required that all appraisers and contract review appraisers have a State Certification. Under these procedures, you are expected to furnish us with copies of written offers to each individual property owner in order for us to comply with the provisions of Title II of the Act which covers Relocation Assistance and Relocation payments. The offer letters should be forwarded to our office An Equal Opportunity Employer 7 Ms. Deloris McKenzie, CMC April 19, 1993 Page 2 within two (2) days after the offer is made. We will also need to be notified as to the date of acquisition of each parcel . We are also required to obtain and maintain, in our file, certification of compliance by you that all provisions of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 have been fulfilled. Also attached for your information and use is a copy of the section of the Department's Right of Way Manual pertaining to Right of Way Acquisition Without State Reimbursement. This section pertains to acquisition of right of way for Farm to Market, Ranch to Market and Metropolitan highways on the State Highway System. Copies of sample letters are also being furnished for your use in complying with the requirements. Total compliance with the foregoing requirements are necessary in order that we might be assured of maximum Federal participation. It should be noted that the construction letting on this project is currently scheduled for March, 1994 . Your cooperation in keeping us timely advised of your actions in acquiring the right of way will be appreciated. If additional information is needed, please contact Ms. Carol Letz at (713) 802-5689 . cerely, A7 -?./( - Wight A. Allen, P.E. Director of District Right of Way District 12 cj l Attachments Weer \ /6,28,3 EASE.'IENT AND RIGYT-OF_M4i1- THE STATE OF TEXAS § COUNTY OF HARRIS a=" '{ WHEREAS, BAY AREA LAND COXPA.N'a a `'etas ;l iir.ited partnership (herein called 'Grantor')• piurr2 a 'certain ttactOs4 or parcel(s) of land located in the Thomas C'traa'te Sutvef-, If John Dickinson Survey, A-IS and Sarah Mc_&it'f.cac Surds)-., in Harris County, Texas, containing 32I.ZaZ4 octet of land, more or less, and being more particularly- cr„ 8 Oh Exhibit A attached hereto and made a pact ?htte Tot all put,- poses (for convenience herein called the 'Serveht .,ract`4.; and WHEREAS, GULF COAST WASTE DISPOSAL:. governmental agency and body politic amd ��;�rrtt r-.E the State of Texas, created and operating as a ccomertat.ion and reclama- tion district under the provisions of Cha;te.; ;rc of the aActa of Regular Session in 1959 of the 61st Cep{;7;ttc-._e, as amended. enacted pursuant to Section 59 of Article 47(-` , ". the "etas Constitution (the 'Grantee'), owns and rFecete:s'the Elackhaw'k Sewage Treatment Plant on a 20.278 acre tct;t ..Itch abuts and is adjoining to the Servient Tract (for c:r..(ae7 ien.•-e hereir_ called the 'Dominant Tract') more Fartic'_.t; • ;icr;`. ,bed as the West 20.273 .'.c:cs of called ca a - _ :o ;:r err:^ ter;:: :.ea as -:tact Two in a Deed of Conveyance from A::stir.-N;t;t+•.,,et. Devtiopmer.t Co. to DHK Corporation, filed for rec.cl -.;e, ta:c.a Cour.ty Clerk's File No. E838626, in the John C;c� -x l;c.+'vex Ab- stract No. 15, Harris County. Texas: an! WHEREAS, the Servient Tract is R:rt.er_ :a- st.t;ect tc • a 100' right-of-way easement for the pr.p.:s,c.f 1<<• Ai-ea Fcclecatd (the "Bay Area Boulevard Right-of-way-) m:re fait :i.t,ar :)' me • - scribed in instrument filed for record Clerk's File No. J664881 in Harris C:.rt.y -rw¢ a no WHEREAS, Grantor desires es. r; rr ` an impose for the benefit of t.".e Do-ins. : -r r•;• i, • • • .o. I. • rM1 i-kz ti� 3� non-exclusive easement and right-of-way, t'Keitty-40.* k'`F t in width, on, over, under, through and o+at*. thrzt 4t4Z+t'R r,= f the Servient Tract (the "Easement Strip'), Mutt* fpCk,Z+.Z.t,`+-.`- • described in Exhibit B attached hereto and 0, ,ItlinZett4el 1`•('= by reference for all purposes, for the pur se: Kr.:-ek rt a /j �I . road to afford ingress and egress to and etco the :ZroaklArt Tract over and across the Easement Strip is that 3 .1ksc! . Boulevard Right-of-Way. NOW, THEREFORE, KNOW ALL LIEN B'f T':4Z$ pRf "•'f : t a I. That Grantor, for and in considerattmt. it tile tuft at Ten and No/100 Dollars ($10.00) and other Thni2it anCE ".'t L;e • ?. consideration cash in hand paid. the cectttt t.he•t%ct me=.r i hereby acknowledged, and the mutual prcmise>; a,' Q't'l.ell- % v. herein contained, does hereby GRANT. t*.. mow. ttnL ZOOt'"cs: '4. " unto Grantee, its successors and assigns, aft. Q.tl.mm£`rt anl; I. 4. right-of-way twenty-five feet (25') in width, rrr.. t'eF.. under . through and across the Easement Strip des:tt_.02 <rt. r..a.t .* -4. / for the purpose of providing a road to af:2c': t?,tr..4 I art f egress from the Dominant Tract over and 1.t/14 Ghisfit•'^eY.t r Strip to the Bay Area Boulevard Right-of- ly ("lee4.14's.me1111 f f herein granted being hereinafter calved the ' '-sr2 `-ft.x:r n`•`' II. This Easement and Right-of-Way Ned trnt " f*r ! •4 ` herein granted are made sub? •ct to the f2112"`t?'t he!'o-z aczre` ments, reservations, conditions. cove' Arts, t:11.'.4.• :ir,t at!.`• • exceptions: (1) It is the intent and purpose vE •:'t:t t .14-e r. � ment and Right-of-Way Deed to create a' s t t,: >. a+l " he l• Road Easement for the benefit of all «:'A':•'"''t '++'t 4 future owners of the Dominant Tract ►'= ^.rs. )SS respective successors, assigns.• ''ott:a;for licensees and invitees. e E i. is 1' r` f. rr' • V (2) Grantee shall be entitled to use the kaa- Easement for vehicular access purposes, and shall be entitled (but shall not have the obligation) tom !l struct thereon a road and repair. maintain and tdtola a the same, as Grantee shall so desire. (3) The use of the Road Easement will be non-exclusive to Grantee. (4) This Easement and Right-of-Way Deed and all rights granted to Grantee hereunder are expressly. *4 4* subject to all validly existing restrictions. cove- nants, conditions, rights-of-way. easements. mtnetat reservations, royalty reservations, mineral teases and • mineral interests of record, if any. affecting the r- lands affected hereby. ' • (5) Grantor, for itself, its successors and • assigns, hereby reserves all oil, gas and other minerals in, on or under the Road Easement. tut gait-ea all rights of ingress and egress for the purFQse cf exploring, developing, mining or drillin t g for ;Ae •r • same; however, nothing in this reservatt.cn shalt putt4. prohibit or in any manner restrict the right r f Grantor to develop such area for oil. gas .c other s4 • minerals, by directional drilling, from a reartr Site or by any other means not utilizing the easere nt sut - face. (6) This grant of the Road Easement shall tun •4. with the land and shall be binding on and shall Inute to the benefit of the parties hereto and their respective successors and assigns. III. Subject to the terms, agreements, ceseivats.;,a, -`h, ditions, covenants, limitations and exceFt ivr,s 3,t; f;tt1 an paragraph II above, Grantee shall have all the, t ; f sets and r fits necessary for the full enjoyment and use of ene- r the t snt a -3- o, rr ;• . • • f. }i .v {: 024-68- II63 granted herein, including the rights of ingress and egress over and across the Road Easement, said ingress and egress, howev,ar, being limited to the boundaries of the Road Easement. In addition to the rights reserved by Grantor in paragraph II above, Grantor shall also have the right to use and enjoy the Road Easement for any other purpose whatsoever which does not interfere with Grantee's use of the Road Ease- ment for the purposes for which the same is granted; provided, however, except as allowed under the provisions of paragraph II hereof, Grantor shall not erect or construct any buildings, houses, barns or other improvements or structures within the boundaries of the Road Easement, nor will Grantor plant trees on the Road Easement. TO HAVE AND TO HOLD the Road Easement for the purposes herein set forth, unto Grantee, its successors and assigns, and Grantor hereby binds itself, its successors and assigns to warrant and forever defend all and singula- the Road Easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, subject, however, to the matters set forth herein. EXECUTED this 31t4-day of 1985. 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 -9artner By Jack G. ise General P C7r By vid C. Hetheri t n General Partner By \ A an D. Feinsilver General Partner -a- Z. I. { 7 I O24-68 1164 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the 31sr day of July , 1985, by Jack G. Wise. known to me to be the person whose name is subscribed to the fore- g oing instrument, and acknowledged to me that he executed the ffsame for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of Bay Area Land Company, Ltd. , a Texas limited partnership, ` 1/',/.2]-4i; I Notary Public and fore the State of a as My Commission Expires: March 30, 1989 Vicki M yford Printed or stamped name' of Notary THE STATE OF TEXAS § COUNTY OF HARRIS § j, This instrument was acknowledged before ore on the day of � f , 1985, by David C. Hetherington, known/ to ' p o scribed to the foregoing instrument, andacknowledged to me • that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as fret act and deed of Bay Area ;and Company, Ltd. , a Texas limitf'd parrnership. Notary Public in and for the State of Texas My Commission Expires: -3-49 5 ihas; Printed or stamped name of Notary THE STATE OF TEXAS § COUNTY OF HARRIS § This ins ument was acknowledged before me on the 31 day of , 1985, by Alan D. Fe:nsilver, known to me to be he rson whose name is subscribed to the foregoing instrument, and acknowledged to me that he execute1 the same for the purposes and consideration therein expresso.'., in the capacity therein stated, and as the act and deed :)f 9ay Area Land Company, Ltd. , a Texas limited partnership, • Notary Public in and fcr the State of Texas My Cocmissio Expires: 14, s1+.17c, c. s,--x_ Printed or stamped mare of Notary A«" 1 j {. • EXHIBIT A 024-68-1 I65 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. E833626 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 c'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. D547871) 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 5/3-inch iron rod found foT 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 Saveli 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 corr'on 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 No; • • • 024-68= 1166 . 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; , 11 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° 39' 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 ` i One; • THENCE, N 41° 35' 39" E, along a Southeast lire of said Tract One, a distance of 737.60 feet to a 5/9-inch iron rod found for corner; 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 Southeast line 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; f: 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 Iract 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 y 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 }` `mall Tract No. 6, a distance of 319.44 feet to a concrete monument found for the North corner rf said Small Tract No. 6 and an interior corner of said Tract One; I. Y. 4.. A-2 • "1.4 i J • • I •• II is. Y 3 K. • is 4 fi 024-6 =116r THENCE, S 41° 35' 39" SmallHENTracty4 6, W, along the Northwest iron rod set No. a distance of 327.16 f line 5of/ said for a dinthe Easterly High Bank of Cleetar to Creeka 5/6-inch Southwest Northwestf corne corner of said Small Tr Clear and f said Tract One; act No. 6 and a THrNCr 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 N 54° 32' 33" E, 171.73ffeet t tto a point; 65° 145" E, 76.58 feet toaapoint; N 0° 08' 32"12" E, 165.74 feet to a point; N 86° ° 29' , 133.13 feet to a point; 7 N 80 55' 52" E, 47.39 feet to a point; N 1° 44' 0" , 106.09 feet to a point; N 63° 10' 32"" F, 118.94 feet to a point; N 63° 34' 2730" F, 84.87 feet to a point; N E, 92.08 feet to a point; 39° 22" F, 86.14 feet to a point; N N 28° 5° 46' 1213" E, 266.10 feet to a point; N 21° 57' 43" W, 132.41 feet to a 149.73 feet to a point; point; N 41° 13' 57" W, 101.08 feet to a N 71° 09' 11" W, 119.03 feet to a point; po N 62° 32' W, 105.74 feet to a poi'nt;, N 55 39" W, 106.98 feet to a N 20° 19' 20" W, 172.66 feet to a point; 03" W, point; nd in the Northwesterly feet wo a line post Hfound arris County F esterl right-of-way Flood Control District Drainage Easement a (150-feet wide as recorded in CountyHarris gCle File No. E449568) for a Westerly corner Tract Four and the herein Clerk's described tract;f the aforesaid FENCE, N 38. 22' line of said 22' 3" F, along the Northwesterly said Tractfa Four Drainageand this Eastmant and a Northwest linegof_of .,y a 1 1/4_inch iron pipe found for pasW Wesing terly 1,orn r said Tract Four and continuingestErl 1 feet feet to as corner of 5/8-inch iron rod set�forlcornerstance of 2,0;:,65 THENCE, N 30• 29' Easement 21" E. along a Northwest line ent Drainageo a 5/8-inch a di thisro tract, a distance of 11 said set for corner; lI6.I7 fTHENCE, N 14° 46' 44" Easement and this tract, a distance of a 5/8-inch iron rod F� along a West line of said Drainage set for corner; 116.17 feet to ° 55' S4^ W THENCE, N 00aNmnt andthis tract along a West line of a 5/8-inch iron rod distance of 116.17 ad Drainage set for corner; feet to 7HE,10E, N 08° 47' this tract, along a West line of Easement 5/ and iron rod f distance of 1,115.59afd Drainage said F.M. found in the South right-of-waynet ito n ofsemidt and 528 for the Northwest corner of said line the herein described tract; of said Drainage A-3 ,l•�r'7�l �' s ti • R • 6324~138"-H THENCE, N 81° 12' 47" E, along the South right-of w line of said F.M. 528 and the North line of said QraLrr1.e Easement, a distance of 150.00 feet to a 5/8_inch imz rod found in the East line of said Drainage Easement f' the Northeast corner of said Drainage Easer*nt ard the Northwest corner of a called 0.5006 acre tract (corrvgxt by Austin-Northwest Development Co. to Gulf Coast W.1tt* Disposal Authority for Sewage Treatment Facilities 4% recorded in Harris County Clerk's File No, E152C�y3). THENCE, S 08° 47' 13" E, along the conoon East line ¢E said Drainage Easement and the West lint of said 0 SQ$ acrrodefoundtfor thetance of Southwest5ccorner feet of said 0.SX a Tin tract; 5<�'S acre THENCE, N 81' 12' 47" E, along the South line of said croon roddcsetre ifort, a distance the Southeastocornerf 0of said S ac 0 f i0a tract; �,� THENCE, N 08' 47' 13" W, along the East line of aid Q'•K'Ct acr set in the e tract, a distance of 158.00 feet to a S/8-irrch. i''om rod South right-of-way line of said the Northeastcorneofsad0.5006crerc ; THENCE, N 81° 12' 47" E, along the South right-of-way line of said F.M. 528, a distance of 3766.89 feet tQ POINT OF BEGINNING and containing 321.2578 acres of tom, A-4 • V AA • • EXHIBIT B 02441 Description of a 0.0575 acre (2,505 square foot) tract of land a:t of a called 29 acre tract described as Tract Two in a Oeed of ConveyXnqz from Austin-Northwest Development Co. to OHK Corporation recorded in Harris County Clerk's File No. E933626, in the John Dickinson . Survey, Abstract No. 15, Harris County, Texas and being described by metes and bounds as follows (with bearings core fully to the South right-of-way line of F.N. 528, called N 81°referr,te= in Harris County Clerk's File No. E839626): 12 ¢. COMMENCING.at a 5/8-inch iron rod found for the East corner of a called 20.2798 acre SAVE MO EXCEPT tract (described t 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 t for the Southwest corner and POINT OF BEGINNING of the herein described tract; c r' THENCE N 18° 51' 40" W, continuing along the aforesaid , t line, a distance of 25.00 feet to a point for the North..,est Corner of this tract; s THENCE, N 71' 10' 06" E, a distance of 100.20 feet to a point in a west line of a IC0-foot wide ease-ent and right-of-way as recorded in Harris County Clerk's File r No. J664881 for the Northeast corner of this tract; THENCE, S 19° 49' 54" E. along a west line of said 1 c wide easement and right-of-way, ncfeet,=t to a point for the Southeast cornertofathisotract;f 0 feet THENCE, S 71° 10' C5" w , a distance the POINT OF BEGINNING and containing f0.05759 acre tofo land.. c r c c °u,t of • —(: cc-.-,a-.tts i 1,.... 1v1 1..,1•.r r•••••1-•r1 /•.•.t•.t trot t1 t..i Pm.", • J••nN .C tl .r r.1 Ci..1,• • i...,W t r.UG 2 r ) 83 (yam\ a COOT,Otrt.Marra Coot,. t„q - `tV i1 1. v1 T"t Z =v . ' ' ' , L K Y T 1,Y, :::::x3os • ! 1B=ST-2 t 6TS 7F.Z'› Apo/,__,. Y1v.....rr Limn WWi1r ilailtSi ,- ." .- a. 41.4 -..aasi4l AS. Yr).7aftwa rta Oatas. is sale r.M. ',, ary Sae .Iue+ L--. 1ana. aw OCW. TWC. YalM.r ere.xaer I- ,te .rsaOkortiana4wood, Tawas 7•�aaa, as 00CC1.9a. tla 11f wmpoOaaZ.rsirs- COMA.aatA'eTo1a. .Hamra adaraea - �S!R TRA✓?a �y��S.TR . s..aa Tom,_„ M.nc. _ . ,afouaron.+Testa., as Ol0Aspao.a.- *Jet Greater. lase e-.aa sae vaiu.asla eegal iar. reo-a ! 1ra*Leea La C Wet sYledsea. isLbca. a:iaaa'rs aND 4 MVCXC to ear+e.- a ta.e cars ya oDrsty ae.oa.tea +riarr1a ooaanty. a fl.. acre p..-tirly aaaarLe-- ae a.]-1ems...-Fat esrcaSO traea a Waroal a1 larwfsonOainLn 11/.salt. f Lwwd. sac- 1� , f ?a. Cat.a, a-1a,N �ia7cLiaan, �n'y-aid s. asdisrai rmaeliaklc. J�-S�s. /Ler'Vsys,bE �Aa��tli1;-"Sfar:tu Yaaad i~aQa i irr1Y aua Cribed 2 surposwar Dare aa.ra.! !er awl _� Coe tJaar OLYa.all 4aosrr.ta .ea afppura..na..e... eh - a It1.. trs1• wDjeat to caas:rast rr 1. arl-vp-Y-ty i..a sa. soa.irsa aajj l �.7 �� anA etaaer g0veaaaraaaeal Taetriat lags, sae all e..vea.afata. O•andlElOne, t `�_ , aar.w.faa. wAwnim_.t--..mar earn Ott ar ._ -C moors. -. _ to aaavi ,Ys "O fora. all anet atmoata:. ..A,- •.el.-r.r ...raw Baia OraaaT.a. Oranlae•a , Loyal rapraeenGefwa. •1s00eeatar- and - il aeeiar. leacw--.w . scents= isatosy su amaaaf.a ...ion Grantso !bat •Grantor ana 14 7 Oaeaeife•- .saoea ae. will tn=avar aa aa sar nr.e..am rq..LaaC alit-. me aii terLrs. a*a Lela. by, tharooya. ar ...Mow arent.ar awe met aai otF.rrM ... aAw a rra pt ae to Lao risarvation soon and ap CLen. 'r • . taste sonvay.a... Ca else.sO.iVt.e..aa_ Oaal.aatsiC 1u.aeaa WC. pYyapa o0oiNaaR1•e Oa YAR *mans. aOIt*CAi OK a:CYL100. or nonOaIIAYWaawomow. NAWWWSAUXLSTy. >a.Tsiaa On MUKWUDZUSVIC tot A reaxculdan -aawi4ii ON - o-r-. Zis aoe0rpp Ca MOW yfaa1Y saa0 LSNl=7a) WAI Wia. . ANY INCLim MOVINMSSIMM On 10aiiaa'rr1ai MOM xrpRaisLY O:.Ci.AiatsO aaYta safs]T..Vr sa pY Vari erarlax, vaaaaeJaert su.ro. ' AOCCWWMfla1•Sora RsoORDttf0 Oasts W. T1tr a MONK .den non No s0LICY ICCUCO. l -'-t S L".1.0 ZQ� a vas-= a.CP J.T YZ Aii. -i ��t'.7 •-'' calm JaarlslCisr... rim raeccumit Ara TM; ai.RMar- TRANSMISSION REPORT THIS DOCUMENT WAS CONF I RMED ( REDUCED SAMPLE ABOVE — SEE DETAILS BELOW ) ** COUNT ** TOTAL PAGES SCANNED 6 TOTAL PAGES CONFIRMED •• 6 *** SEND *** 1N�o. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS I 11 7139960384 9-30-93 1:27PM 3'39" 6/ 6 COMPLETED 9600 TOTAL 0:03'39" 6 NOTE: No. : OPERATION NUMBER 48 : 4800BPS SELECTED EC : ERROR CORRECT G2 : G2 COMMUNICATION PD : POLLED BY REMOTE SF : STORE & FORWARD RI : RELAY INITIATE RS : RELAY STATION MB : SEND TO MAILBOX PG : POLLING A REMOTE MP : MULTI-POLLING RM : RECEIVE TO MEMORY • J A H—2 2— 9 3 F R I 1 1 : 0 4 H O U:3 TON— TAT L E P . 02 lib iv' FILED FOR RECORD ON JANUARY 20, 1993, under HARRIS COUNTY CLERK'S FILE NO., P053753 8 1:55 PM. Mom WARRANTY DUD THE STATE OF TEXAS S S - COUNTY Or HAFRIS S THE SPECIAL WARRANTY DEED is made the day ,of AULVIc,-t••- , 1992, 'by DCF, INC, whose address is 128 West Parkwood, Friendswood, Texas 77546, as GRANTOR, to SUNWOOD DEVELOPMENT CORPORATION, whose address is 35 is 7RA✓T.S S i rc'_6 T $M X TE ao o , Houston, Texas, as GRANTEE. Witness that Grantor, for good and valuable consideration, receipt of which is acknowledged, SELLS, GRANTS AND CONVEYS ;to • Grantee all the real property located in Harris County, Texas, more particularly described as follows: That certain tract or parcel of land containing 319.51j38 acres of land, more or less, out Of the Thomas Choate, A-i2, John Dickinson, A-15, and Sarah McKissick, A-549, Surveys, Harris County, Texas, as more particularly described ton Exhibit "A" attached hereto and made a part hereof for 111 purposes; together with all tenements, hereditament and appurtenances thereto (the "Property") , subject to current real property taxes, zo4ng and other governmental restrictions, and all covenants, conditions, restrictions, easements, rights-of-way and other matters of record. TO HAVE AND TO HOLD, all and singular; the Property unto Sbid Grantee, Grantee's heirs, legal representatives, successors end • assigns, forever. Grantor hereby covenants with • Grantee that Grantor and Grantor's successors will forever defend Grantee against claims}of all persons claiming by, through or under Grantor but i3ot otherwise, except as to the reservations from and exceptionsto this conveyance as aforementioned. GRANTOR MAKES NO OTHER COVENANTS OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSEIOR OTHERWISE EXCEPT AS SET FORTH AND LIMITED HEREIN. ANY IMPLIED COVENANTS OR WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY • THIS SPECIAL WARRANTY DEED. s` ACCOMENDATION RECORDING ONLY NO TITLE WORX DONE AND NO POLICY ISSUED. • • • • - -- f • -IAF; --22- 95 FR I 1 1 : 05 HOUST ON—T I T LE P . 03 IN WITNESS WHEREOF, Grantor has set its hand and seal the day and year first above written. GRANTOR: DC)►.,e� INC. /V �, BY: !/ I mo// .�2 / :/A r-Vi_tm Wane: till 'f1iti- 41. ah-1mA►-.�f Title: ! t' 6 J ;oe !V4 President i GRANTEE: SUNWOOD DEVELOP CORPORATION 7 By: IThy 7 Name: A d_I 1) J acl../E 2r Title: 5 R.6 TAR y ACKNOWLEDGEMENT THE STATE OP TEXAS S S COUNTY OF HARRIS S This instrument was acknowledged before me on the day Of (2l1(4 1992, by Luzweo iti mn+aAt.EY, PRE51.3)eMT _ of, DCF., INC. on behalf of said entity. State of Texas "At RONALD0 EVENSEN . My commission expires: Nob')Pobpc.tile el Taut • My Commlasian Ezoi,es 1/14/96 Printed name of Notary ACKNOWLEDGEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S This instrument was acknowledged before me on the a/day df , 1992, by )&VZD lbLERY , ,SECRETARY 0±, SU OOD DEVELOPMENT CORPORATION, on behalf of said entity. i N tary Pu c, State of Texas My commission expires: ..,. RONALD O.EVENSEN ' ' :4 ism Notary Ms : Printed name of Notary ' +. My Caemdsebn Expket v14/9: ' RETURN TO: SUNWOOD DEVELOPMENT CORP. 3518 TRAVIS STREET, SUITE 200 HOUS'TON, TEXAS 77002 i J KIN-22-93 FR I 1 1 : 0S HO V ST ON-T I TL E F' _ 04 • THENCE, S 46' 17' 41" E, along the common Northeast line of the aforementioned Tracts Three end Two, a distance of 1,059.2e feet to a 1 1/2-inch irdh pipe found for.the East corner of said Tract Two; • THENCE, $ 41' 41' 16" W, along the Southeast line of said Tract Two, a dl,stance of 746.05 feet to a 5/8.inch iron rod set in the Southwesterly right-of-way line of a 100-foot wide right.of.way and easement es recorded in Harris County Clerk's file No. J664681 and marking the Southeasterly corner Of a 1.7040 acre tract dedicated to the City of friendswood In Harris County Clerk's file No. KI76284; THENCE. N 18!.49' 54' W. 'along the Southwest line of said right• of.way and easement and the Northeast line of said 1.7040 acre tract, a distance of 711.66 feet to ft 5/8-inch iron rod set for the Northeasterly corner of said• 1.7040 acre tract; THENCE, S 71' 10' 06" W, i distance of 100.50 feet to a 5/8- inch iron rod found in the common line between said Tracts Two and Three for the m0'st Northerly corner of 8lackhawk Sewage Tre.tment Plant (a called 20,2798 acre tract. described as a SAVE & EXCEPT Tract in the aforementioned Deed of Conveyance); THENCE, S 414 39' 03" W, along the Northwest line of said 20.2798 acre tract and the common line between said Tracts NO and Three,.a.distanto of 1,519.76 feet to a 5/8-inch iron rod found • on the Northeasterlry high bank of Clear Creek for a Westerly • corner of said 20.2798.ecre tract; THENCE, aeong the meanders of the Easterly Nigh Bank of Clear Creek as follows: N 65. 30' 48" W, 70.22 feet to a point: N 71' 40' 19' W, 253.55 feet to a point; N 89' 42' Se' W, 93,55 feet to a point; S 88' 38' 13' W, 93.87 feet to a point; N 75' 14' 351 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 Trait One;. THENCE, H 41' 35' 39" E, along a Southeast line of said Tract • One, a distance of 737.60 feet to a 5/8-Inch iron rod found for corner; 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 i Southwest line of said.Traet One, a distance of 709.88 feet to a 5/8.inch iron red found on the Easterly Nigh Bank of Clear Creek for corner; THENCE along the meanders of the Easterly Nigh Lank of Clear Creek es 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 47' 59' 37' W, 67.29 feet to a S/$-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 fast corner of said Small Tract NO. 6 and an interior corner Of said Tract One; i ' 'N' !I ! !' n i • J. N-2 2-9 3 FRI 1 1 : 0 E. H O U S T O N- T I T L E P . 05 THENCE, $ 48' 17' 41" E, along the common Northeast line of the aforementioned Tracts Three and Two, a distance of 1.059.28 feet to 4 1 1/2-inch irdn 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 746,05 feet to a 6/0.inch Iron rod set in the Southwesterly right-of-way line of a 100-foot wide right-of-way and casement as recorded in Harris County Clerk's file No. J664881 and marking the Southeasterly corner of a 1.7040 acre tract dedicated to the City of Friendswood in Harris County Clerk's File Ho. X176284: e THENCE, N 18'.49' 54' W, 'along the Southwest line of said right. of-way and easement and the Northeast line of said 1.7040 acre tract, a distance of 711,66 feet to a S/8•tnth iron rod set for the Northeasterly corner of said.1.7040 acre tract; THENCE, S 71' 10' 06" W i distance of 100.50 feet to a 5/8- inch iron rod found in the common line between said Tracts iwo and Three for the most Northerly corner of Btacehewk Sewage Trt,tment Plant (a called 20.2798 acre tract, described is a SAYE $ EXCEPT Tract in the aforementioned Deed of Conveyance); T►I(NCE, S 41' 39' 03' W, along the Northwest line of said 20,2798 acre tract and the COMMA line between said Tracts Iwo and Three,.a.distance of 1,619.76 ,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, alorg the meanders of the Easterly High Bank of Clear ! Creek as followst N 45" 30' 48" W. 70.22 feet to i point' M 72. 40' 19" W, 258,55 feet to a point; N 89° 42' 58" W, 93.55 feet to a points. S 88' 38' 13° W, 93.87 feet_to a point; N $4' 39' 16" W, 67.472feet too ea5/8.inchairon rod set for a Southerly corner of the aforesaid Tract Ont;, THENCE, tt 41' 35' 39" E, along a Southeast line of Laid Tract One, a distance of 737.60 feet to a 5/8-inch iron rod found for corner; 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, 5 41' 35' 39' W, along j Southwest line or said,Trect One, a distance of 709.88 feet to a 5/8-inch iron rod found on the Easterly High Sank of Clear Creek for corner; . TAENCE 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' $2" W, 91.03 feet to a point, and N 07' 59' 37" li, 67.29 feet to a 5/8-inch iron rod set for the South corner of Small Trott No. 6 as mentioned in the aforesaid Deed of Conveyance and an interior corner of slid 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 Ha, 6 and en interior corner of said Tract One; J A N—2 2—9 S FRI 1 1 : 0 T H O U S T O N— T I T L E F . 06 • THENCE, 5 41' 35' 39" W, along the Northwest line of laid Small Tract No, 6 a distant:. of 327.16 feet to a 5/8-inch Iron rod set in the Easterly High Bank of Clear Creek for a korthwett corner of said Small Tract ho. 6 and I Southwest Corner of. said Tract One; THENCE along the meanders of the Easterly Nigh Sank of Clear • Creek es follows; N 06' 07' 11" E; 128.07 feet to & point; N 29' 25' 07" E. 96.29 feet to a point; N 35' 15' 32" E, 90,35feet to a point; • N 54' 32' 33" t, 171.73 feet to a point; H 65' 14' 35" E, 76.58 feet to a point; N 70' 0D' 32" E, 165.74 feet to a point; N O6' 29' 12" t, 133.11 feet to a point; S 73' SS' S2" E, 47,39 feet to a point; N 60' 4d' 40" E, 106,09 feet to a point; N 71' 22' 32" E, 118.94 feet to a point N 63' 10' 27" E, $4.87 feet to a point N 44. 34' 30" E. 92,08 feet to a point; N 35' 43' 22" E, 86,14 feet to a point; N 28' 56' 12" E, 266.10 feet to a point; . N 0S' 54' 13" E, 149,73 feet to a point; N 21' S'/' 43" 11, 132.41 feet to a point M 41' 11' 57" W, 101.06 feet to a point N 11' 09' 11" W, 119,03 feet to a point; N 76' 31' 59" 61, 1115,/4 feet to a point; N 62' 55' 37" W, 106.98 feat to a point; M 50' 14' 20" 1I', 172.66 feet to a point; N 23' 19'. 03" W, 114.20 feet to a fence post found in the Northwesterly right-of-way lint of a Harris County,Flood Control District Drainage Easement (150-feet wide.as recorded in Harris County Clerk't File No; E449S68).for the Westerly corner of the aferesala..Trect Four,and the herein described tract, THENCE`11S..22'13 E ;along the Northwesterly right-of-way line ofASe id,Oralnago EaseiTent and a Northwest line of said Tract.Four,. and'th1e;,traet; passing at 1,886.71 feet a 1 1/4-inch .iron pipe;;found..for'a Westerly corner of sato tract Four and continulr)q;lnrell udlstlnte of 2,034;b5 feet to a S/8-Inch iron:rod.ffound.for'corner; • THENCE, N 30' 29' 21" Ealong a Northwest line of slid Drains'', ainage Easement and this tract, a distance of 116.17 feet to a 6/Seine's iron rod found for corner; •1 iHENCE, N 14' 46' 44" E, along a Nest tine of said Drainage Easement and this tract, a distance of 116.17 feet tea 6/8-inch iron rod found for corner; . THENCE. N 00' 55' 54" 11, along a west line of said Orainage Easement end this tract, a distance of 116.17 feet- to a 5/8-inch iron rod found for corner; THENCE. N 06' 47' 13" N, along a West line of said Drainage Easement and this tract, a distance of 1,115.59 feet to a 5/B-I110 iron rod found in the South right-of-way line of sato 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. 529 and the North line of said Drainage Casee+ent, a distance or 150.00 feet to a 5/8-inch iron rod found in the East line.of sato Drainage Easement for ths'Northeast corner of said Drainage Easement end the Narthwest'corner of a called 0,5008 acre tract (conveyed by Austin-Uortfiwest Development f in r,,,l f C a'1 '+'.sir(conveyed pr 1 41111' 11 fnr "I'v'4I T141 ' - J A N - 2 2 -9 3 FRI i t : 0 e H O U T O N -T I T L E F' _ 0 7 • • THENCE, $ 08' 47' 13" E, along the common East tine of said Drainage Easement and the West line of said 0,5006 acre tract, a distance of 150.00 feet to a 1/8-ineh Iron rod found for the South.•est corner of said 0.5006 acre tract; THENCE, N el" 72' 47" E, along the South line of said 0.5006 acre tract, a distance of 136,00 feet to a 5/8-inch iron rod found for the Southeast corner of Said 0.5006 acre tract; THENCE, N 08°,47' 134 W, along the East line of said 0,5006 acre tract, a distence'�qf 158.00 feet to a 5/8-inch iron rod found in the Sough rightaf-way line of•saio F.N. 528 for the Northeast carper of said 0.5006 acre tract; . THENCE, N 81'•A' 47" t, along the South right-of-way line of said F,N.:,528, a distance of-3266.89 feet to the POINT OF BEGINNING end containing 319.5538 acres of lend, • • �i - PAUL W.SCHr t .a 4+ LL L [Q � 'rZ.[�.�/2-C�;S.-C[JOOC�[.. sire carrraw v •_ ` CVEIYN NL•WMAN �:� ���� `�' FIT • %OS W It_LOWICK 713/t412-3321 1-4A ilOL4 NALEY ij FRIENoSW00o.TEXAS 77 54 6-3898 A. FIIANK FMNKOViGN c..r.w•..w• 1�-7t M OCtAn�+ARCI LER CMG coy------•-. FAX TXANSMI SS ION FAX PHONE NUMBER 482—M8A8 3722 DATE: I-'�'� --'.�sZ PAGE; S Or • TO: Isrdnc n K.+t.ett FAX: 653--]921 Cra tT. Caatc.n 4 ,7_i+mcy FROM: _ Da]a.rin Ma:Ka:nslr Frf.:nd.aw.a+d City SecrEatary IF YOU DO NOT RECEIVE A1.L OF THE PAC ES. PLEASE CONTACT KY OFFICE AT 713-482-3323. raxt . 29 ATTACHED : Np..oclal Warranty D.:rd — cc: Jerry Graham State Dap. - a+£ Highway.. TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED ( REDUCED SAMPLE ABOVE - SEE DETAILS BELOW ) ** COUNT ** TOTAL PAGES SCANNED � 8 TOTAL PAGES CONFIRMED = 8 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 713 658 1921 1-22-93 3:44PM 4'45" 8/ 8. COMPLETED 7200 TOTAL 0:04'45" 8 NOTE: No. : OPERATION NUMBER 48 : 4800BPS SELECTED EC : ERROR CORRECT G2 : G2 COMMUNICATION PD : POLLED BY REMOTE SF : STORE & FORWARD RI : RELAY INITIATE RS : RELAY STATION MB : SEND TO MAILBOX PG : POLLING A REMOTE MP : MULTI-POLLING RM : RECEIVE TO MEMORY 09'24'93 10 49 S a 002 • PO62303 •I r B57-2;67 (..n5s7F3 ) 1}1,ECIAL_ Y DEED (L 18-50-0161 `V THE STATE OF TEXAS S � COUNTY OF HP.RRZS g 'f.J 16 ;53 P062304 t 15.00 THE SPECIAL WARRANTY DEED is made the day of 1 , 1992, by DCF, INC, whose address is 12A Kest ?arkwood, Friendswood, Texas 77546, as GRANTOR, to NUNHOOD J DEVELOPMENT CORPORATION, whose addraaa isd 1e 7 R A✓SS STREET , Su,ii 9.00 , Houston, Texas, as GRANTEE. witness that Grantor, far good and valuable cons'deratien, receipt of which is acknowledged, SELLS, GRANTS AND CONVEYS to Grantee all the real property located in Harris County, Texas, more particularly described as follows: :hat certain tract or parcel of land containing 119.5516 acres of land, ears or lase, out of the Thomas Choate, A-12, i► \\ John Dickinson, A-15, and Sarah McKissick, A-549, surveys, !�L�1 ' Harris Cvarty, Texas, as more particularly described on f Exhibit "A" attached hereto and made a part hereof for all purposes { together with all tenements, hereditament and appurtenances thereto - / (the "Property"), subject to current real pruper-ty taxes, coning � ` and other governmental restrictions, and all covenants, conditions, restrictions, easements, rights-of-way and other matters of record. TO RAVI AND TO HOLD, all and singular, the Property unto said Grantee, Grantee's heirs, legal representatives, successors and assigns, forever. Grantor hereby covenants With Grantee that Grantor and ~ Grantor's successors will forever defend Grantee against claims of • all persons claiming by, through or under Grantor but not otherwise, except as to the reservations from and exceptions to this conveyance as aforementioned. GRANTOR MARES NO' OTHER COVENANTS OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKE>tiABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR OURPOSE OR • OTHERWISE EXCEPT AS SET FORTH AND LIMITED HEREIN. ANY IMPLIED COVENANTS OR WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY THIS SPECIAL WARRANTY DEED. ACCOMENDATION RECORDING ONLY NO TITLE WORK DONE AND NO POLICY ISSUED. . YKr LlBaB.ALL". THIS DEED XS BEING RN-RSCCRo�O 3 O Cd/e6t 1 SGRIPriDZ iifli 2l WAS INCORRLS HAFT THIN' of."'"ILING. IN ALL oar ASPEt s. THE rGOCWU-N • 141 - v zoDLL sttx3L 'N0,LSnom OOZ 3sIms 'Z32'et1S SIAYILL sty£ • :4', •d300 sNINfit ISAsa 600mmns :oa ttxrsaat ri,,,k.Is o4 3o slw pelu72d �lssts 2A9"PTflKM .:s..Tdx. uoTe9Ttantom Ai rY_t Emay� s 'm T nd .Sze A ✓ G' P. •xaTs.. PT" 30 ITsgeq mitt 'MoIzr$04W00 zlu'wao'lZAna Coo i..A& 'Jo ArigL3bl? 1.edfria. Qxad Act 'CM '"""_"_745, e; ;o Asp fp1.1 s':(4 um s:a a o;oq pe6p.Twouxoe $ew lusmns3suxT e1uL / 5 SI NVH d0 xL.Yn0, S S SYX'ds t0 ZZYZs In Asezop ;o am/ pezursA . •lu+tn 1 issios1 M i :sa.ITdX0 uoirsatmao0 Am I°+1Ra�ttn4L+�r ,/,;{••r 1ini/0 xe 0 0 ,viva.. tOC/pgq#OCMI�1KO0. /' ! •42Taae pTvs 3m 3TeM*q US 'Om! "S*0 t, =o dip Ja/ elm uo sm sao;aq pe6p.TA,ouxoe Qex qMsunA4SuT stgy /✓ c, 5 !3TuuviL ao x,Lrin= S S Mal d0 2IYIS In �.V44.;' ,-,= 5 :at4Ty ,I-v rno i c J Q : N /-,' 1\ , { I :As serar[0800 steMIK0~ it TStAZ0 -Oh*RA8 MISJITID ;uspTt.zd�z. I J / l/ ril Q9r�` c— r �- � � u.a3Tzs er.oge ;ssi; zw.x pun Alt) eqq TWOS We pueq WIT 4as setj 2040e20 '4102d3HM SS2NWIlt NI } 8910-03-9 I�I) ^Ooltj Q. 98:OT C8.T''60 09/2.4,93 in:`0 tr CtuJI / / I GL b[-nn pp8� Y ,� �' ,�o aer ,r,aa 118�57--2159 �!h t certain tract or parcel of land containing :110.553e Acres cf lane. more or \r------------ lees, out of the Thomas Choate, A-12, John Dlekinnon, A-15, and Satan HcX:acirk,, k-549, Surveys, Hassie county, Terse, as ware particularly described as ioilo,,.,, Description of a 318.5539•scra (0,91g.7t2 square foot) tract of land located to the MOM; Choate, 4.16, Jowl Dictihson, /,-15 and Sarah hicelleick, A•649 Surveys, Harris County, Tests. bsinp all of Tracts Ont and Tnr•ta . ono a portion of Tracts Two and Four as dtstribcd in a Deed of Conveyance dated July 1, 1576 and recorded in Harris County Clerk's flit Ho. EMMIMI and being more fully described by metes and hounds as follows (with bearings- referenced to the right-of-way line of f,H, SY3 as described In said head 0r Conreran.e)t DEG.NtiING at a I 1/4-inch iron nine found at tie Intersaotton of the South right*of-way tine of F.M. 52B ;103-feet vide) I and the Cast lint of the Thomas Choate Survey, A-I2, for 1 the tnrtheeet corner of a Harris County flood Control District Dratnege ttsesent (1$C.feet ride or rctarcea . Ain Herrin County Clerk's file No. ES71582), the aforesaid { Tract four 4r4 the herein dctcrlbtd tract; P 'MINCE. S 03' Cl'' 01' E. along ah East lino of said Drainage Eastvent, Tract Four, this ttact and the East line of said Thomas:hoots Survey, A-Imo, a distance or 613.57 feat to a 1 R.r&lreh iron r*4 found for the North corner of a called 11.5212 +Cry tract (a6 dettrfbed in Narris County Clerk's File No. C547671) and an Easterly corner of said Draihage Easement and e herein described tract; • THENCE, 5 41' 00' 11' V, along a Southeast lint of said Drainage Eeseaeot and that tract and the Northwest tine of said 11.5222 , acre tract, a 4lstanee of 1,414.36 feet to a 1 1/2-inch iron pipe found la the Korth lime of the &Fn Dickinson Survey, . A.1S, for tine West earner of 1114 tl.S222 acre tract. an angl■ petrol In a-Southeast line of this tract and an ,..terror corner of the aforewen't- -d Tract tour; THth'CE, h el* 43. 55' ir, along a Southeast line of said Teats Four and this tract, passing At 124.C7 fett a Southeasterly Wtaer Of Said Orions (askant and continuing 1n all a distance of 29t.20,feet to a 5l1alocn !roe rad found for corner; titnif„,5 46' 13,MC, along a Northeast hap of said Tract Foci arxt this tract, a dtstane§ Of 012.11 feet to a s/dg.tn,h -h tron;rod-found for the most Utterly Corner of said Tract four i and.this:tract; TNUCE. 5 CI' 431 46' W, along a Southeast lino or said Tract fosr anal this tract, 1 distance of S5'3.22 felt to a 5/8•inch • iron rod toine for corner; 'MINCE, N CI' IP' 47' W,-along a Southwest line of said Trait four end this tract, a distance of 1,512.04 fret to a 5/8-inch . iron rod found for corner; /61NCE, 5 41' 43' 25' W, long a Southeast iine of trio Tract Four and this tract, passing at a Called distance or 1,5tl.42 fret the centerline of Saveil Gully, a 5outheaat Corner of said Tract fOurt and continuing dion; a Southeast tint or the ' aforementioned Tract One, a distance of 2,3)5,46 feet to a .)•inch trap pipe found for the North corner of 'he aforerentirned Tract Three; • /,.t Cat ; i-I m- itIJ)CTIONS _- t iF;. W. 0.,'.1"- i A- `,-, 1NM I F'tLiMISS)f)N Of. TI1I I. DATA, INC. 09!-A,D3 10:51 ft [2 005 1889 Tl':NC1, S c6' 11' e1' C, along the canmon kortheast ne oT- the aforementioned Tracts Three and Tvo, a dtstancr of 1.u5i.2, feet to a 1 1/2-inch trim pipe found for the East corner of U Its���� 7O sate Tract Iwo; ! THENCE, S 41' cl' 1G" N. Along Che Southeast line of said Tract Two, a dl,ttance of 746.05 feet to a S/6-inch tron rod set in ire Southwesterly right..f-way line of A 100-foot wide right.oi.da? and cestannt as recorded In Barris County Clerk's file No. 0564661 and carting the Southwesterly corner of a 1.700 acre tract dodictted to the City of Frlendswo,d in iiarrls County Clerk's "Ile No. X176264: THENCE, n 16l.49' 54' N,'along the Southwest Tine of said right- or-wsy and Casement and the Northeast line of said 1.700 acre tract. a distance of 711.66 feet to a 5!A-inch Iron red set fo• the Northeasterly corner of cold 1.7040 Acre tract; TN:NCE. S 7I' 10' 06• W, eid15U nee of 100,50 feet to a Sid- WO iron rod found to the common line betaetn site Tracts two and Three for the rote Northerly corner or 61004"k Sewage Treatent Plant fa called 20.2796 acts tract. described • at a SAVE i EXCEPT Tract to the aforementioned Detd of Conveyance); tk'ENCE, S ale 1L' dra Y, along the Northwest line of sold 20.2796 acre tract and the common tine betreon Said Tracts No end Three,-a.distance of 1.615.76 feat to SIX-Inch Iron rod found on the hortheatttrly high bank of Clear Creek for a Westerly corner of Paid 2012.7pS,1cre tact: Tr1ENCE. along the meanders of ,the Easterly high Bank of Clear Crick as follows; • n 65' 30' AV H. 70.22 fact to a point; N 7_' 40' 19° a. 253.51 feet to A point; N a9' 42' 66' W. 61.55 feet to a Cons; 5 65' 36' 12' x, 93.67 fret to a point; N 75' 14' 36' N, :15.1.2 feet to a point. the • N 14' 39' 16' It, 67.47 fett to a 5/8-inch Iron rod set for t Southerly corner of the aforesiid Tract One;. . TN£NCE, N 41' 35' 39' E. AlongI Southeast line of Sold Tract . One, a distinct of 737.60 feet to a 6/8-Inch iron rod found for corner; THENCE. It 46' 29' 22' V. Ilan9 A 3ovtnwsst.11ne of said Tract One, I distinct of 199./9 felt tp .t 5/6-inch iron rod found for corner: ro , THENCE. S 41. 35' 34' Ii, along i Southwest line of soid.Tract ' One, A distance of 709.66 feet to a 6/6-Inch Iron rod found on the Fatttrly High 6trls-at Clear Crest for Corner; . ?HENCE along the steamers of the Easterly High bent of Clear Creek At follows: N 20' 20' 27' W. 122.06 feat to A Point; N 11' 34' 69. 1;, 91.03 feat to A paint, one k 07' 59' 37' it, 67.29 feet t4 a Sib-Inch Iron rod set for the South corner of Stall Tract No. 6 of mentioned to :he aforesaid teed cf Conveyance 60 an interior corner of slid Tract One; THENCE. N 41' 30 39' E. along the Southeast lint of said Small Tract no. 6, a dtitante of 564.47 feet to a ;/2-inch,ir'' otpe found for the Cut tamer of said Entll Tract No. 6 Ind an interior corner ofyccId Tract One; THENCE, N 46' 20 Ea" H, among the Northeast lint of t.td Small • -Tract No. 6. A dltttnee of 119.44 fret to a concrete eonve*nt found for Cht•North corner of said Small Tract No, 6 And an interior cornier of tatd Tract•Cne; • • • ,' '`,;' f ` `, 1ti l'N, 0(.1C t 10115 I - . • i ' 'rri i it i_ :E X �? .: ,{, PIf1M1.,ION 0i 1' I,:."4 D i.1, i'1C 09;24t93 10: Qj00d 52 IT • • • • • MINCE, S C. 25" 25" lir &long the hofthweat tine of Raid Snell 7riet no. f, a dtstanea of 227.16 feet to i 6/S-loch irtr rod set in the easterly Nigh fink of Clear Creek for a 11orth.ett corner of sold Snail Tract No, 6 and a Sov;traat corner of said Tract rate; 0-j�--� 71 TY•ENCE along the meanders of the Etsterly High Bank of Clear • Creek es follows: II 06' C:' 11' E; 128.0 feet to • point; N 29' 25' 07• E, 96.21 feet Co a point; N 36' 16' 32' E, 90.35 feet to a point; N 54" }2' 3:' E. 171,73 feet CO a potni1 1 H 65. 34' 35' f, 76.53 feet to a point; N 7D' Di' 37" E, 145.74 feet to a point; N 66' 29' 12' E, 133.13 tdet to a poem: 5 73' 66' 62" E, 47.2P feet to a point; • K 60' 44' 40" E, 101.09 feet to a point; N 21' 22' 326 E. 116.94 feet to a point N 63' 10' 27" E. 94.97 feet to a point N co 34' 30' E, 92.08 feet to is point; N 39' 43' 22' E. D5.14 feet to a point; N 25' 55' 1?,■ ;;. 766.10 feet to a point; N 09' 54' 13• E, 149.23 feet to a point; N 21' S7' 43" W, 132.41 feet to t point N 416 13' 676 W, 101.06 feet to a point N 11' DW' 11■ q, 119.03 feet to a point; k 76' 3d' S9a i', 10./4 feet to a point; N 62' 21' 37' 1, 108.90 feet to a point; N 50" 14' 2," W, 177.66 feet to a point: N 27' 19',03' li, 114.20 feet to a fence cost found - in the Northwesterly rlgnt.of•w&y lint of t Norris County,Fleo1 Control District Drainage Easement (150.feet'sidre re:creed in Narrts County. Cleric's File N0:,t449$$$).for the Westerly Corner.of the afnrasalfUratt Fovr,and this herein described tract; ENCE:`k`3Q! 32°`23a f:lalong the Northwesterly right-cr..as line Cfetale,Drainapi`Eate0ert do$ 4 Nortnyttt line of told Tract Foe,r;'and'thss..tratt,prsting at 1,666.71 fret a 1 3/i-inch lron•ptpa,fc»nd;for'a >retterly cernar ef sato Tract Four and corrttnutnerintl11 41Hstincti of 2,034:0S 'feet to a 148.teen fron;rod.found•for eortsc1' TNEN:T., 130' tt' 21' E,.ilong a Northwest line of laid 01:41nape Easement *Ad this tract, a disttnce of 114.17 feet to a 1/1-lnen iron rod found for Omer: THENCE, N 14. 46' a4' E. &long a »etc lint of tale Drainage Easement end this tract, a oilstone. of 116.17 feet to a 5/8-Inch Y iron rod found for Corner; T112KCE, N 00' 65' Si• W, along a West lire of sa(d Drainage Easement and this tract, a distance of 116.17 feet• to a 5/4.+n,h Iron rod found for oOrner; • THENCE. N 06' 47' 13' if, along 4 West line of laid Oreinage Easement anal this tract, a dlittnce of 1,115.S9 feet to 4 in-inch iron rod found (n tha South rtght.of..wav line of sale F,H,' 623 for the Northwest corner of said Oraina➢t Etttrt nt and tt..e herein desCrlbtd tra:t; Ct i_ MEHC$. a 61' 12' 47' t:, •long the 5Outh rtght.of.w,y line sf set® P.B. 32E tad the North tine of said Drainage Eaceernt, a statute or 150.00 feet io t :/2-loch Iron rod 'eund in the East llne.of sate Drelnage Cement far the Hortheest corner `.? of said Drainage Easement and the Ner:hwese corner of . Called 0.5006 acre trtet (:preyed by Austin-Uorthrest °curio:went - Co. to duif Coast Witte Disposal Authority fur Sewage Trtetment Ficiiltiet as recorded to Harris County Clerk's File No, ':64S50); y 1 ,.�,_ �` 1, . ' �,f ll�l n.i�: he/t.l�. • pRooUC INnNS ' - - ` . -/rl''a ( :c,t?i ';(s, W ITTFN (+ ?UlfSSION ( F. H i.IE DATA. (NC• sir.,1".7?; .. it OBi 2A 93 11:53 $' IZ1 007 • • swENCE. 5 011* Or 13' [, along the carn:n East line of hip drei's9e,CaSenent end the West tine of Cato 0.5006 acre tract, a 'dishrag of 168.00 feet to a 5/6-Inch Iron rod found for the Southwest corner of Sato O.S0O6 Acre tract; # 7fl:aict, A X1' 12' 47 E, along the 5wth lint of Slid 0.S006YJ�—?,72 sere tract,•a dist,1ct or 11E•00 fret to a 5/6.lnch Iron rod found for tilt) Southeast corner of sato 0.5006 acre craft;i • 1 j acre aCli distinctNofa156 0t feet tit oia 6/8.inch dIrr'on rood (OUn! to the South rtoht.of.way line'of-safe F.M. 526 for the � • 'flo'rtheast corner of said 0.5006 titre tract; T E ► t, B els•as•t7• E, elan, the Soath riont-or.rar-tlne i of said F,11,•5211. I distance of 3Z6E.19 feet to tht POINT Of / scquiwin and tontifnin; 119.J6Je tern of land. I a i lit vti,wraeb�.rIR�MM• 4111137.ea.eim•Ariesas YV NMY u. O* .. e,a , ,Aal r s s�tl•1.Mrerr M YearMwe,/awrel�Pt aq M w� ilewla M~ �h JAN 2 11912 •= ii „- a ,�.C. :i. i CL;e ,f�� , 4110,.. wsays 6JUMTY•T{4 r•;. 4 • t tic '•;S. t 3 -, i !'31EUORatG1 Ml AT TINE OF PAWNOATUyA I'm .• WTARIFw1 WIZ,GIMP TO IC WnO.:dYMiI i Tdl 1Na IEST TNOTOGIliPlroc W,i15Ut•{,� etum%LrieeML.KT,CMS%UN r i•'7' - ; r<ouuc 1l'N - -, r i N t:r,4 r'F:E,% TVIt' I 1 lice PE RMI;Sii ( !' ' L F. f!. :.. i�l�. • • DATE: FEBRUARY 17, 1994 TO: MAYOR NEWMAN RON COX, CITY MANAGER n� FROM: DELORIS MCKENZIE, T.R.M.C. lY' CITY SECRETARY SUBJECT: CLOSING FOR F.M. 528 R.O.W. **************************************************************************** THE CLOSING FOR THE F.M. 528 R.O.W. , 321 ACRE TRACT, PARCEL 54, 55, & 60 IS SET FOR MONDAY, FEBRUARY 21, 1994, AT 2:00 P.M. WITH DAVID TOWERY. CC: ROGER ROECKER 94217/KSSO3 -5 464/4)bod SCHEDULE A 31r4�rr GF No. or File No. : 92120475 TD: D 69/231 P ��s � s.� CDL/DS (507) Effective Date of Commitment: December 11, 1992 1. Policy or Policies to be issued: a) Form T-1: OWNER POLICY OF TITLE INSURANCE $ Proposed Insured: b) Form T-2 : MORTGAGEE POLICY OF TITLE INSURANCE $ Proposed Insured: Proposed Borrower: c) T-13 : MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN $ Proposed Insured: Proposed Borrower: d) OTHER $ Proposed Insured: 2 . The estate or interest in the land described or referred to in this Commitment and covered herein: Fee Simple 3 . Record title thereto at the effective date hereof appears to be vested in: DCF, INC. .,L-'°,00\`'I'l \ Pr�t�ori(JP, // 4 . The land referred to in this Commitment is described as follows: PARCEL 54 : Being 0. 0634 of one acre of land, out of a 0. 5006 of one acre tract of land, located in the Sarah McKissick Survey, Abstract No. 549 and the Thomas Choate Survey, Abstract No. 12 , Harris County, Texas, being that same certain 0. 5006 of one acre tract of land conveyed COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 from Austin-Northwest Development Company to Gulf Coast Waste Disposal Authority as described in deed dated June17 , 1974 and recorded under File No. E-184680 of the Official Public Records of Real Property in Harris County, Texas, (O.P.R.R.P.H.C. ) , said 0. 0634 of one acre parcel being more particularly described by metes and bounds as follows: COMMENCING at the Southwest corner of said 0. 5006 of one acre tract, said corner lying on the East line of that certain 12 . 2828 acre tract of land, as described in deed recorded under File No. F-520478 O.P.R.R.P.H. C. , thence as follows: North 08 degrees 47 minutes 12 seconds West, along the common line of said 12 . 2828 acre tract and said 0. 5006 of one acre tract, a distance of 138 . 00 feet to the Southwest corner of the herein decribed parcel, said corner lying on the proposed Southerly right-of-way line of F.M. 528, and being the POINT OF BEGINNING having coordinates X = 3 , 220, 046 . 59 and Y = 633 , 931. 42 ; 1) THENCE North 08 degrees 47 minutes 12 seconds West, continuing along said common line a distance of 20. 00 feet to the Northwest corner of the herein described parcel, said corner lying on the existing Southerly right-of-way line of F.M. 528 (100 . 00 foot wide) ; 2) THENCE North 81 degrees 12 minutes 48 seconds East, along said existing Southerly right-of-way line of F.M. 528, a distance of 138 . 00 feet to a found 5/8 inch iron rod for the Northeast corner of the herein described parcel, and said 0. 5006 of one acre tract, being the most Northerly Northwest corner of that certain 319 . 5538 acre tract, as described in deed filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . K-415221 O.P.R.R.P.H.C. ; 3) THENCE South 08 degrees 47 minutes 12 seconds East, along the common line of said 0. 5006 of one acre trcat and said 319 . 5538 acre tract, a distance of 20. 00 feet to the Southeast corner of the herein described parcel, said corner lying on the proposed Southerly right-of-way line of F.M. 528 ; 4) THENCE South 81 degrees 12 minutes 48 seconds West, along said proposed Southerly right-of-way line of F.M. 528, a distance of 138 . 00 feet to the POINT OF BEGINNING, and containing 0. 0634 of one acre of land, more or less. (All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . PARCEL 55 : Being 1. 5096 acres of land, out of a 319 . 5538 acre tract of land, located in the Thomas Choate Survey, Abstract No. 12 , the John Dickinson Survey, Abstract No. 15 and the Sarah McKissick Survey, COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 Abstract No. 549 , in Harris County, Texas, being that same certain 319 . 5538 acre tract conveyed from Bay Area Land Company, Ltd. , to H. D. Investors, Inc. , as described in deed dated February17, 1986 and recorded under File No. K-415221 of the Official Public Records of Real Property in Harris County, Texas (O.P.R.R.P.H.C. ) , said 1. 5096 acre parcel being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of that certain 0. 5006 of one acre tract of land, as described in deed recorded under File No. E-184680 of the O.P.R.R.P.H.C, said corner being an interior Westerly corner of said 319 . 5538 acre tract, thence as follows: North 08 degrees 47 minutes 12 seconds West, along the common boundary line of said 319 . 5538 acre tract and said 0. 5006 of one acre tract, a distance of 138 . 00 feet to the Southwest corner of the herein described parcel, lying on the proposed Southerly right-of-way line of F.M. 528 , and the POINT OF BEGINNING having coordinates X = 3 , 220, 182 . 97 and Y = 633 , 952 . 50; 1) THENCE North 08 degrees 47 minutes 12 seconds West, continuing along said common boundary line, a distance of 20. 00 feet to a found 5/8 inch iron rod for the Northwest corner of the herein described parcel and the most Northerly Northwest corner of said 319 . 5538 acre tract, being the Northeast corner of said 0. 5006 of one acre tract, same lying in the existing Southerly right-of-way line of F.M. 528 (100. 00 foot wide) ; 2) THENCE North 81 degrees 12 minutes 48 seconds East, along the existing Southerly right-of-way line of F.M. 528, a distance of 3 , 106. 58 feet to a One Half (1/2) inch iron rod found for the Northeast corner of the herein described parcel, said point being the Northwest corner o f that certain 17 .8830 acre tract, conveyed to Harris County Flood Control District by deed recorded under File No. F-520478 O.P.R.R.P.H.C. ; THENCE South 03 degrees 00 minutes 51 seconds East, (called South 03 degrees 00 minutes 52 seconds East) along the common boundary line of said 17 . 8830 acre tract and 319 . 5538 acre tract, a distance of 38 . 64 feet to a point for the Southeast corner of the herein described parcel, lying on the aforesaid proposed Southerly right-of-way line of F.M. 528 ; 4) THENCE South 79 degrees 48 minutes 58 seconds West, along said proposed Southerly right-of-way line of F.M. 528, a distance of 63 . 91 feet to an angle point in said proposed Southerly right-of-way line and the herein described parcel; 5) THENCE South 85 degrees 58 minutes 37 seconds West, continuing along said proposed Southerly right-of-way line of F.M. 528 , a COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 distance of 240. 83 feet to an angle point in said right-of-way line and the herein described property; 6) THENCE South 81 degrees 12 minutes 48 seconds West, continuing along said proposed Southerly right-of-way line of F.M. 528, a distance of 2 , 798 . 81 feet to the POINT OF BEGINNING, and containing 1. 5096 acres of land, more or less. (All bearings are based on the Texas State Plane Coordinate System, South Central Zone. ) COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 SCHEDULE B EXCEPTIONS FROM COVERAGE The policy will be subject to the Exclusions from Coverage, the Conditions and Stipulations thereof, the terms and conditions of the instrument creating the estate insured, if any, shown in Schedule A, and to the following matters that will be additional exceptions from the coverage of the policy: 1. The following restrictive covenants of record itemized below, but in any mortgagee policy of title insurance or mortgagee title policy binder on interim construction loan, the Company will insure that any such restrictive covenants have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage: Restrictive Covenants as set out in instrument(s) filed for record " in the Office of the County perk of yarris County, Texas, under Clerk' s File No(s) . D-547871, F-295401, F-295402 and J-887661? °,QA )s4 cS 2 . Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments, or protrusions or any overlapping of improvements. 3 . Standby fees and taxes for the year 1993 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownership. 4 . No materials have been furnished or any labor performed in connection with the construction contemplated hereunder prior to the execution, acknowledgment, and delivery of the lien instrument described under SCHEDULE A hereof, if the land described under SCHEDULE A forms any part of the homestead of the owner. (Mortgagee Title Policy Binder on Interim Construction Loan only. ) 5. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Owner Policy only. ) 6. Any title or rights asserted by anyone, including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegatation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights or other statutory water rights, or the rights or interest of the State of COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or the right of access thereto, or right of easement along and across the same. (Owner Policy only. ) 7 . Liens and leases that affect the title to the estate or interest, but that are subordinate to the lien of the insured mortgage. (Mortgagee Policy only. ) 8 . The following lien(s) and other matter(s) and all terms, provisions y/ and conditions of the instrument(s) creating or evidencing saidjo lien(s) and other matter(s) : A , (Lien to be created in a manner and on a form acceptable to the Company) . 9. Rights of Parties In Possession. (OWNER POLICY ONLY) . 10. A sanitary sewer easement along a portion of proposed Bay Area Blvd. granted to Harris County Municipal Utility District No. 55 as reflected in filed for record in the Office of the County of Harris County, Texas, under County Clerk' s File No. J-335262 . 11. A nonexclusive easement over and across the subject tract reserved, by Gail Whitcomb and wife, Geraldina, in deed filed March 17, 1972, filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk' s File No. D-547871 X U1SIDe.- 12 . Easement for pipeline purposes thirty (30) feet in width as granted to Humble Pipeline Company by instrument recorded in Volume 6336, Page 23 of the Deed Records of Harris County, Texas. 13 . Easement for pipeline purposes granted to Humble Pipeline Company by instrument recorded in Volume 1144 , Page 335 of the Deed Records of Harris County, Texas, and amended and located by agreement in Volume 6404 , Page 340 of the Deed Records of Harris County, Texas. ()U7510e 14 . Easement for pipeline purposes granted to Humble Pipeline Company by instrument recorded in Volume 6411, Page 12 of the Deed Records of Harris County, Texas. O 41c De 15. Easement for pipeline purposes granted to Humble Pipeline Company by instrument recorded in Volume 1145, Page 262 of the Deed Records of Harris County , Texas, recorded in Volume 1316, Page 619 of the Deed Records of Harris County, Texas. OUrni OG?,. -c.r..e Co. 16. A thirty (30) foot easement along the Southwesterly side of Lot 4, in Block 12 , of Sherman Place, dedicated by Gail Whitcomb adjacent to a thirty (30) foot easement as shown on plat in Volume 69 , Page 231 of the Deed Records of Harris County, Texas, and set out in ©UTSiD•e. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 order authorizing cancellation of a portion of Sherman Place by Commissioner' s Court dated March26, 1964 . 17 . Easement for drainage purposes as reflected by plat in Volume 69, Page 231 of the Deed Records of Harris County, Texas, and recognized by Gail Whitcomb and excluded from Commissioner' s Court Decree dated March 26, 1964 . 18 . A thirty (30) foot easement for road and drainage purposes adjacent to the Southwesterly side of Lot 4 in Block 12 of Sherman Place, A according to plat recorded in Volume 69, Page 231 of the Deed Records of Harris County, Texas. 19 . The above drainage easements were excluded from the abandonment of a portion of the plat of Sherman Place that was recorded in Volume 69, Page 231 of the Deed Records of Harris County, Texas. 20. A copy of the order authorizing the cancellation of a portion of Sherman Place Subdivision by the commissioner's court dated March ✓ 26, 1964 , is attached thereto to the declaration of same executed by Gail Whitcomb in the instrument dated March 1, 1972 , filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk' s File No. D-546432 . 21 . Sanitary Sewer easement ten (10) feet wide granted to County of Harris by instrument filed for record in the Office of the County Clerk of Harris County, Texas, under County Clerk' s File No. F-770325 . Norio& -'t'/.G CO, 22 . An easement ten (10) feet wide together with an aerial easement five (5) feet wide from a plane twenty (20) feet above the ground, centered on said ten (10) foot easement, all of which easements are shown on sketches attached to the grants made to Houston Lighting & Power Company , filed October 6, 1980, filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . G-784566 . ObTes09, `;T}.e Ca. 23 . Easements granted to Houston Lighting & Power Company by instrument filed September 20, 1980, filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . G-691225, locations of which are shown on sketches attached to said grant. rSiDc. ;VI- LeC 24 .✓ Sanitary sewer easement ten (10) feet wide granted to County of Harris by instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk's File No(s) . F-757693 . 25. One Thirty-Second (1/32nd) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2395, Page COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 614 , of the Deed Records of Harris County, Texas. 26. One Thirty-Second (1/32nd) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2395, Page 614 , of the Deed Records of Harris County, Texas. 27 . A 1/96th non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2395, Page 614 , of the Deed Records of Harris County, Texas. 28 . All oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 1334 , Page 590, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 29 . A One Sixteenth (1/16th) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . D-900823 . 30. A One Half (1/2) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 1293 , Page 230, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 31 . An undivided One Fourth (1/4th) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 236, Page 407 , of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 32 . An undivided One Fourth (1/4th) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 236, Page 406, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 33 . One Thirty-Second (1/32nd) royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2316, Page 452 , of the Deed Records of Harris County, Texas. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 34 . A One Sixteenth (1/16th) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 4736, Page 564 , of the Deed Records of Harris County, Texas. 35 . An undivided One Half (1/2) interest in and to all royalties on all minerals reserved by Margaret I. Martin as set forth in instrument recorded in Voloume 4736, Page 564 of the Deed Records of Harris County, Texas, filed for record in the Office of the County Clerk of Harris County , Texas, under County Clerk' s File No. F-295407 . (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 36. Life Estate in One Half (1/2) of the royalties on production devised to Gladys Mary McKinney by the Will of Josephine R. Whitcomb, deceased. (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 37 . A One Sixteenth (1/16th) royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 3030, Page 690, of the Deed Records of Harris County, Texas. 38 . A One Sixteenth (1/16th) of all oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . D-547871, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 9 . Oil, gas and mineral lease effective August 12 , 1976, filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . E-894507 , between DHK Corporation, as Lessor, and Dan J. Harrison, III, et al. , as Lessees, same having e1 "7' been amended by instrument filed August 5, 1977, under County Clerk' s ` q� File No. F-244178 , and supplemented by instrument executed in / ' multiple counterparts and filed August 5, 1977 and September 14 , 1977 filed for record in the Office of the County Clerk of Harris County, Texas, under Clerk's File No(s) . F-244179 and F-295404 . Me,ASG (Title to said interest has not been investigated subsequent to the OF date of the aforesaid instrument. ) AblOhtAs Z EX P;&eo2 SliaFA c.t (.Jim i gem Fan..PAm.et.. , cf 40. All oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for Jrecord in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . E-838626, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. (A Waiver of Surface Rights is contained therein. ) COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 41. All grantors interest to all oil, gas, and other minerals/ outstanding as set forth in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk's File No(s) . E-838626. (A Waiver of Surface Rights is contained therein. ) (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 42 . In said surface rights were waived as to 50% of grantor's interest to approximately 66 acres of land referred to as the split-ownership mineral tracts, and as to 100% of grantor's interest to the remainder of the called 321. 2573 acre tract. 43 . Subject to any portion of subject property lying within the limits of Bay Area Blvd. Extension as described in document filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . J-652541, and refiled under County Clerk' s File No. J-664881. r Le4k4 Art; 44 . Subject to any portion subject property which lies within the limits of Clearwood Drive (60 foot right-of-way) as described under document filed for record in the office of the County Clerk of Harris County, , under Clerk' s File No(s) . D-546432 . 14o ea_ 45. Harris County Flood Control District drainage easement filed for record in the office of the County Clerks ��oof Harri //C++ounty, Texas, under Clerk' s File No(s) . E-449568 . d2,uoii �� l.� . 46 . ,Record owners acquired fee title to the above easements in the V special Warranty Deed executed by the Harris County Flood Control V District Bay Area Land Company dated January 21, 1985, filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . K-384682 . 47 . Harris County Flood Control District drainage easements filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . E-577582 . 48 . Easement Deed dated August 9, 1984 , filed August 16, 1984 , in the Office of the County Clerk of Harris County, Texas, under Clerk File No. J-652541 and refiled for record under Harris County Clerk' s File No. J-664881 A N 49 . Easement and right-of-way granted to Gulf Coast Waste Disposal Authority being twenty-five (25) feet wide for the purpose of ✓ providing a road to afford ingress and egress to the Blackhawk Sewage Treatment Plant as described and located in the instrument filed for record in the Office of the County Clerk of Harris County, Texa u der C erk' s File No. -17 28 50. City of Friendswood, Ordinance No. 85-18, for vacating, abandoning, COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 and closing a portion of Clearwood Avenue filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No(s) . K-213727 . 51. Zoning Ordinances by the City of Friendswood. (OWNER POLICY ONLY) 52 . Terms, conditions and s tions contained in any and all ease Agreements, whether record or not. 412f‘...004 . /:/94- 0 /4.4) ✓�-X'" -4-)46-0AloAjtafrtjal. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 SCHEDULE C Schedule B of the policy to be issued will also contain exceptions with respect to the following matters supposed to affect title to the hereinabove described property unless the following matters are disposed of to the satisfaction of the Company at or prior to the date of the issuance of the policy: 1. Instrument(s) creating the estate or interest to be insured must be approved by the Company, executed and filed for record. 2 . Satisfactory evidence that no person occupying the property or any portion thereof owns or claims any interest therein, either personally or by right of another, adverse to the present record owner as shown in Schedule A. 3 . Payment of the full consideration to, or for the account of, the grantors or mortgagors. 4 . Payment of all standby fees, taxes, charges and assessments levied or assessed against the subject estate or interest, which are currently due and payable. 5 . Satisfactory evidence that all improvements and/or repairs and/or alterations thereto are completed and accepted by the owner and that all contractors, subcontractors, laborers and materialmen have been paid in full, and no mechanic' s, laborer' s or materialmen' s liens have attached. 6. Any defect, lien, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be insured which may be filed or which may arise subsequent to the effective date hereof. 7 . If a mortgage policy of title insurance is to be issued, satisfactory evidence that restrictions and restrictive covenants, if any, have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage. 8 . Satisfactory evidence of legal right of access to and from the land, if satisfactory evidence is not furnished to the Company, the policy to be issued will except to lack of a right of access to and from the land. 9 . We must be furnished with a Corporate Resolution by the Board of Directors of DCF, Inc. authorizing the current transaction, naming the officers authorized to execute the necessary instrument. We also require a certificate from the Secretary of State of the State of Texas, showing that said Corporation is in Good Standing and/or authorized to do business in the State of Texas. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE since 1892 GF No. : 92120475 10 . If the property described in Schedule A is located within the City of Houston, Ordinance 89-1312 requires that each Buyer and Seller execute a notice listing restrictive covenants at or prior to the closing of any sale. Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988 , the State Board of Insurance has adopted Procedural Rule P-27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account. "Good Funds" is defined as: (1) Cash or Wire Transfers: (2) Certified funds, including certified checks and cashier' s checks; (3) Uncertified funds in amounts less than $1500. 00, including checks, traveler ' s checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1500. 00 limitation; and (4) Uncertified funds in amounts of $1500. 00 or more, drafts, and any other item when collected by the Financial Institution. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 • SCHEDULE D DIRECTORS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Arley R. Bjella Henry S. Kingman, Jr. Richard A. Cecchettini Paul Z. Rose Gerald T. Flom William R. Stover Darrel M. Holt A. C. Zucaro OFFICERS OF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY R. A. Cecchettini, President Harold Pilskaln, Jr. , Executive Vice President, Law & Corporate Affairs and Secretary John B. Cleaveland, Vice President & Treasurer TITLE INSURANCE AGENT - HOUSTON TITLE COMPANY SHAREHOLDERS DIRECTORS OFFICERS Old Republic Title R. A. Cecchettini Steven A. Hester, Jr. , Financial Corporation Steven A. Hester, Jr. Chairman of the Board Mary L. Chapman You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Owners Policy $ Mortgagee Policy $ Endorsement Charges $ Binder Charge $ Total $ Of this total amount: 19% will be paid to the policy issuing Title Insurance Company; 81% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount (or %) To Whom For Services The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. HOUSTON TITLE Since 1892 CITY SECRETARY INTERDEPARTMENTAL MEMO ***************************************************************** December 15 , 1993 To : Mayor Newman From : Deloris McKenzie Finally , I was able to get through to David Towery. He expressed his apologies to you and to me for being unavailable , due to sickness , seminars , etc . , etc . , etc . . He wanted to know if you were mad at him and asked me to let you know he will be in his office until the first of the year and will be available to discuss the right of way acquisition with you if needed . Mr . Towery stated he had discussed the right of way for Bay Area Boulevard with Mr . John O ' Quinn and Mr . O ' Quinn asked , if the City is so broke they can ' t buy this right of way , is the $1 . 2 Million dollars safe? I reminded Mr . Towery that you had stated the City had not budgeted for this acquisition and did not have funds available to purchase the needed right of way for widening Bay Area Boulevard . Mr . Towery stated that due to FHA and VA funding, single family homes built along a four lane would be required to have acoustic walls and would seriously impact their project . At this time , I suggested to Mr . Towery that we separate the F .M . 528 and the Bay Area Boulevard right of way proposals . Mr . Towery agreed to this suggestion and I reviewed the proposal to purchase Parcels 54 , 55 and 60 in the amount of $131 , 430 . 00 . I questioned Mr . Towery if he is satisfied with this proposal and the contract as written and he advised he was . I explained we were getting the release of the 20" strip , along F.M. 528 in Parcel 55 , from G. C .W. A . and then we would have the title cleared and be ready to execute the contract . I again asked Mr . Towery if he is satisfied with the contract and would he be ready to execute the contract when we have the paper work completed and he said yes he would . At the close of the conversation , I asked Mr . Towery if he planned to contact the City when they have finished their review of the statistics on their project along Bay Area Boulevard and the request for donation of the right of way? Mr . Towery stated he would contact this office at a later date regarding this matter . cc : Ron Cox , City Manager Jimmie Thompson , City Engineer/ „: Mayor �`s EVELYN NEWMAN ;y Si'1 . js,r_ Councilmembers &ty of 9' izc1wood KITTEN HAJECATE �, MEL P. MEASELES ii( TOM MANISON ;• A .- •.`:,,.. N ED STUART �� �,► M 109 WILLOWICK 713/482.3323 HAROLD RALEY � 14 FRIENDSWOOD, TEXAS 77546-3898 JANIS LOWE City Manager .� 18l hp, RONALD E. COX }%` City Secretary ?� _,t-- DELORIS McKENZIE, T.R.M.C. October 28, 1993 Mr. David C. Towery 3518 Travis, Suite 200 Houston, TX 77002 Dear Mr. Towery: Pursuant to our earlier correspondence regarding ownership of Parcel 60, further research indicates this property is owned by Sunwood Development Corporation. As previously discussed, the city proposes to acquire right-of-way from this tract of land for purpose of widening F.M. 528. A copy of the title search is provided for your information. In order to facilitate the acquisitions from Sunwood Development Corporation, the Mayor proposes to schedule a meeting for the second week in November. Please review your schedule and have your office advise which day would be best for you. Should you have any questions regarding this matter, please contact this office. Sincerely, i' l/1-4;fdo eloris McKen ie, TRMC/CMC City Secretary cc: Evelyn Newman, Mayor Ron Cox, City Manager Jimmy Thompson, Community Development Director OGTOWERY/EMA03 Mayor fs EVELYN NEWMAN • ~_ Councilmembers • :.`��,E.;'; dLty of 9rLEncLcuood KITTEN HAJECATE MEL P. MEASELES \ TOM MANISON .� ,. • P! 109 WILLOWICK 713/482.3323 ED STUART FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY o A. FRANK FRANKOVICH City Manager •` IL,K RONALD E. COX At. City Secretary DELORIS ARCHER, CMC July 1 , 1993 ell °ss Mr . C . David Towery �O 3518 Travis , Suite 200 Houston, Texas 77002 Dear Mr . Towery ; In response to your letter to Mayor Newman dated June 24 , please be advised the City of Friendswood is proceeding with the acquisition of right of way for the F.M. 528 project . As we had discussed previously, we are finalizing the necessary documents to purchase right of way from the 371 acre tract you represent . We are hopeful that closing can be set for the second week in July. Should you have additional questions regarding this matter , please contact me . Sincerely, A(J.,4/21‹. • Deloris McKenzie , CMC City Secretary C. DAVID TOWERY ATTORNEY AND COUNSELOR AT LAW 3518 TRAVIS, SUITE 200 AREA CODE 713 HOUSTON, TEXAS 77002 TELEPHONE 526-0664 FAX 522-3256 • June 24, 1993 The Honorable Evelyn Newman City of Friendswood 109 East Willowick Friendswood, Texas 77546 Dear Mayor Newman: Prior to her untimely death, Wilnah advised me that the City of Friendswood wished to acquire some frontage along FM 528, on a 371 acre tract. Wilnah also advised me that the city would like to acquire some land on the same tract, around Bay Area Boulevard. If the city wishes to proceed on either of the above two purchases, please let me know. Very truly yours, 7151 C. vid Towery CDT\sg 371\Newman.Ltr ‘1,2.9.42526ei JUN1993 a' c RECEIVED ^' CITY OF fRIENDSWOOD A CITY SECRETARY �a�F/l/tl.Ol6n r March, 1993 Parcel 60 Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S.J.: 0981-01-076 Field Notes for Parcel 60 Being 0.071 of one acre (3,079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12, Harris County, Texas and being out of a 17.8830 acre tract of land conveyed from Harris County Municipal Utility District No. 55 to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F520478 of the Official Public Records of Real Property of Harris County, Texas, said 0.071 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2.672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas and an interior corner of a 137.3944 acre tract conveyed to Crestfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under file No. J171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows: North 03° 00' 50" West, along the East line of said 2.672 acre tract and an interior West line of said 137.3944 acre tract, a distance of 346.25 feet to the existing South right of way line of F.M. 528 (100 feet wide); South 81° 12' 48" West, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 357.42 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed South right of way line of F.M. 528 at the Northwest corner of said 2.672 acre tract and the Northeast corner of said 17.8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3,223,408.33 and Y = 634,471.28 from which a found five-eighths inch iron rod bears North 05° 36' 35" East, 0.29 East. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone,-all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0.999870.); March, 1993 Parcel 60 Page 2 of 2 Pages EXHIBIT Page of Pages 1.) THENCE South 68° 01' 33" West, along the proposed South right of way line of F.M. 528, a distance of 168.50 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the West line of said 17.8830 acre tract and the East line of a 319.5538 acre tract conveyed to H.D. Investors, Inc. from Bay Area Land Company, Ltd. by deed dated February 17, 1986 and recorded under File No. K415221 of the Official Public Records of Real Property of Harris County, Texas; 2.) THENCE North 03° 00' 52" West, along the West line of said 17.8830 acre tract and the East line of said 319.5538 acre tract, a distance of 38.64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. 528 (100 feet wide); 3.) THENCE North 81° 12' 48" East, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 160.17 feet to the POINT OF BEGINNING and containing 0.071 of one acre (3,079 square feet) of land, more or less. CERTIFIED CORREC Jo- A . Ward, (41: egistered Professional La urveyor Reg. No. 821 MAR 29 1993 OF G.'s T JOE A. WARD, JR• ro V.90 821 �,c" Q` 474, sstm,.�o SUR4 211,10-7 ,iij C. DAVID TOWERY ATTORNEY AND COUNSELOR AT LAW 3518 TRAVIS, SUITE 200 AREA CODE 713 HOUSTON, TEXAS 77002 TELEPHONE 526-0664 FAX 522-3256 \2` 14 ?El?f6), September 13, 1993 '� `�¢'�lgQ3 r ilECEI/ r ;I cur©1F FRiENDsvv06,5 k Ms. Deloris McKenzie w 5 L2 City of Friendswood 6Z�� 109 Willowick Friendswood, Texas 77546-3898 Dear Ms. McKenzie: For your reference, I am enclosing a copy of the Honorable Evelyn Newman's letter dated August 4, 1993. I have discussed Mayor Newman's letter with my engineer, Mr. John Garner. Mr. Garner advises me that the land that is the subject of Mayor Newman's letter is not owned by me. Ve truly urs / rL7C. David Tower) CDT\sg Enclosure 371\McKenzie.ltr •!y ,N 9/13/93 v724,1 L tip. Ci J� • Mayor •41Tkt EVELYN NEWMAN Z'< Councilmembers �L� O �L�nd��OOd KITTEN HAJECATE MEL P. MEASELES TOM MANISON r. + � 109 WILLOWICK 7131482.3323 ED STUART r-L rc FRIENDSWOOD, TEXAS 77546.3898 HAROLD RALEY A. FRANK FRANKOVICH City Manager •` \ 1®l RONALD E. COX City Secretary DELORIS ARCHER, CMC August 4, 1993 Mr. C. David Towery 3518 Travis, Suite 200 Houston, Texas 77002 Dear Mr. Towery, As we have been discussing, the City is proceeding with the acquisition of right-of-way for the FM 528 project. We a_e finalizing the necessary documents to purchase parcels 54 and 55 from the 321 acre tract that you represent. In finalizing our right-of-way needs, it has been brought to our attention that you represent tract 60; a tract that we must also acquire. We have included a copy of the field notes for parcel 60 for your records. The City of Fri.endswood is prepared to offer $2. 00 per square foot for the purchase of the needed property; a total amount of $6,158. 00 . The Texas Department of Transportation has advised that they prefer to included parcel 60 in the deed with parcels 53 and 54 . We look forward to your favorable acceptance of this offer. Please contact our City Secretary, Deloris McKenzie, at (713 ) 482-3323, to arrange a meeting time to discuss these parcels. Sincerely, Evely Ne an Mayor Enclosure: cc: Ronald E. Cox, City Manager Deloris McKenzie, City Secretary Jimmy Thompson, Community Development Director 0G8493 .A/EMA03 . : . . T / , • March, 1993 Parcel 60 J.U.P. Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 528 • Project Limits: From Galveston County Line to IH-45 C.S.J.: 0981-01-076 Field Notes for Parcel 60 J.U.P. Being 0.071 of one acre (3,079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12, Harris County, Texas and being out of a 17.8830 acre tract of land conveyed from Harris County Municipal Utility District No. 55 to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F520478 cf the Official Public =?ecords of Real Property of Harris County, Texas, said 0.071 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2.672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas and an interior corner of a 137.3944 acre tract conveyed to Crestfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under file No. J171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows: North 03° 00' 50" West, along the East line of said 2.672 acre tract and an interior West line of said 137.3944 acre tract, a distance of 346.25 feet to the existing South right of way line of F.M. 528 (100 feet wide); South 81° 12' 48" West, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 357.42 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed South right of way line of F.M. 528 at the Northwest corner of said 2.672 acre tract and the Northeast corner of said 17.8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3,223,408.33 and Y = 634,471.28 from which a found five-eighths inch iron rod bears North 05° 36' 35" East, 0.29 East. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone,"all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0.999870.); March, 1993 Parcel 60 J.U.P. Page 2 of 2 Pages EXHIBIT Page of Pages 1.) THENCE South 68° 01' 33" West, along the proposed South right of way line of F.M. 528, a distance of 168.50 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the West line of said 17.8830 acre tract and the East line of a 319.5538 acre tract conveyed to H.D. Investors, Inc. from Bay Area Land Company, Ltd. by deed dated February 17, 1986 and recorded under File No. K415221 of the Official Public Records of Real Property of Harris County, Texas; 2.) THENCE North 03° 00' 52" West, along the West line of said 17.8830 acre tract and the East line of said 319.5538 acre tract, a distance of 38.64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. 528 (100 feet wide); 3.) THENCE North 81° 12' 48" East, along the existing South right of way line of F.M. 528 (100 feet wide), a distance of 160.17 feet to the POINT OF BEGINNING and containing 0.071 of one acre (3,079 square feet) of land, more or less. CERTIFIED CORREC . 6 ' Jo . Ward, r. egistered Professional La urveyor Reg. No. 821 MAR 29 1993 OF ,` - . ..... 1 s re'ti ...1/1.--:..... . ,/,\:,•*-174; . JOE A. WARD, .)R. —r--, i r 90 fi 821 r'`@ ram . DEC-21-'92 MON 10: 14 I D:DA.�I D TOMERY TEL NO:713-522-3256 4494 PO2 .• ----- C. DAVID TOW]3RY e ATTORNEY ANC! CCUNsCLOp AT LAW ���— �G(/p / / 3 Illi TRAVIS, SUITE tOO AREA COOS 713 MOUTON, TCXA4 7700E TCLLPMGN[ 016.O004 /AX iaa•aase December 21, 1992 Mrs. Wilnah Hamrnersley REMAX - Bay Area Nasa P.O. Box 590088 Houston, Texas 77259 Via: Facsimile .332-6181 RE: 3;1 Bay perk; Proposed Deed to the State f Texas for a Right-of-Way along FM 528 Dear Wilnah: Enclosed is a copy of a memorandum from our attorneys setting forth their comments relating to the proposed Deed. Please tell the city officials that I want all recommendations of our attorneys to be incorporated in the Deed. It is my preference that our attorneys draft the Deed, Please see if you can accomplish this. It is far easier to draft a document from scratch that to rehabilitate an incompetently drawn document. I will also appreciate your asking the City to reimburse us for our attorneys' fees. Please advise the City that I will not sign any Deed that does not contain the recommendation contained in the memorandum. Should the City have any question regarding the enclosed memorandum, they should contact the following: David L. Griffis, Esq. A. Branton Kotch, Esq. Crain, Caton & James 33rd Floor Two Houston Center 909 Fannin Street Houston, Texas 77010-1079 Telephone: 658-2323 Fax: 658-1921 Post-It''brand fax transmittal memo 7671 InswAl Co Dept. Fax# / O „ -76)0 Fax# /°5V DEC-21-'92 MON 100: 14 ID:DAVID TOWER`( TEL N0:713-522-325E #t494 P©3 Please ask the City to attempt to call Mr. Kotch prior to calling Mr, Griffis. Mr. Kotch is the attorney assigned to handle this matter. Very truly yours, C. ,40 dw C. David 'Towery CDT/nah Enclosure cc: via facsimile: David L. Griffis, Esq. A. Branton Kotch Ps,M DEC 18 '92 07:53PM CRAMN CATCN & JAMES �1P. /3 2i3 MEMORANDUM TO: C. bavid Towery FROM: David L , Griffis A. Branton Kotch DATZ: December 18, 1992 RE : 321 Bay Park; Proposed Deed to the State of Texas for a Right-Of-Way along FM 528 We have reviewed the copy of the captioned deed that you faxed to uS and, offer the following comments : 1 . As you correctly pointed out in your transmittal letter, the Grantor is Sunwood Development, In,_. 2 . A paragraph listing permitted exceptions should be added to the document, and the appropriate place for it is probably at the bottom of the first page. We recommend the following language ; This deed is delivered and accepted subject to any and all eademente, rights--of-wccy and prescriptive rights , whether or record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gaie leases, mineral, severances and other instr.umerts, other than liens and conveyances, ' that affect the property; rights of adjoining owners in any fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; and any tncroac:hmonte or overlapping of improvements 3 . The habendum and warranty clauses are acceptable ; however, we recommend that you attempt to limit -1- 1-6-1/66328/032 � (5"-X4 lltl, 21 '92 MON 10: 15 ID:DAVID TOWERY 1 2 TEL NC1 3 522-3 56 #494 P05.:�� :71,: a ,�a�„ `se'te..;:. 13'♦, '=`• DEC 19 '92 07:S3PM CRAIN CATON & JAMES P.3/3 the state to a special warranty. To turn this document into a special warranty deed, simply delete the period at the end of the top paragraph on page 2 and add the following: "by, through or under Grantors, but not otherwise. " 4 . In the execution block of the deed, your title within the corporation should be added after your name. Except for the matters addressed by the foregoing comments, we found that the died is in reasonably good form. As long as the deed is made subject to all matters of record and any actions Of adjoining landowners not of record, Sunwood should be protected. A special warranty will ahiald the corporation from liability for title defects that it did not create, but it is not absolutely essential, particularly if the corporation received a policy of title insurance when it acquired the property. -a- l.-b-1/66328/052 /f/1/ LI • • P737503 Parcels 54, 55, & 60 U,mil^ U Texas Dcparonent of Trampartation ` H`�U` ��'U} I Farm D-IS U-14 J 33 Page 1 of 3 Rev. 9/91 1 03/07 194 00070262 P737503 $ 22.00 DEED THE STATE OF TEXAS COUNTY OF Harris I KNOW ALL MEN BY THESE PRESENTS: That, Sunwood Development ,_ Inc. 3518 Travis , Houston. Texas J70112 2 2 • of the County of Harris , State of Texas, hereinafter referred to as Grantors, whether one pr more. for rein in consideration of the sum of One hundred thirty one thousand, dour .hundred-thirty dollars and no/100 Dollars ( 131 ,430.0_0 ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission,receipt of which is hereby acknowledged, and for which no lien is curtained,either expressed or implied,have this day Sold and by these presents do Grant,Bargain,Sell and Convey unto the State of Texas all that certain �,.LL.... tract or parcel of land in Harris County, Texas,more particularly described in Ex- hibit"A,"which is attached hereto and incorporated herein for any and all purposes. Exhibit "A" consists of part 1 & 2. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A,"to wit: N/A Grantors covenant and agree to remove the above-described improvements from said land by the day of , 19 ,subject, however,to such extensions of time as may be granted by the State in writing; and if,for any reason, Grantors fail or refuse to remove same within said period of time prescribed,then,without any further consideration,the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil,gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same;however, nothing in this reservation shall affect the title and rights of the Stare to take and use all other minerals and materials thereon, therein and thereunder. This deed is delivered and accepted subject to any and all presently recorded easements, rights-of-way, restrictions and other matters of record, reservations, covenants, conditions, oil and gas leases, mineral severances, other than liens and conveyances, that affect this property. izu, "'n ' -. City of Friendswood Attn: City Secretary 109 Willowick PAGE 1 Friendswood, Texas 77546 Parcels 54, 55, & 60 • Texas Department of Transportation "'"2_U3_0332 Form D-15-14 Page 2 of 3 Rev. 9/91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs,executors,administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN SS WHEREOF, this instrument is executed on this the 2 / S 'r day of Sunwood Development, Inc. / ( ice B y: ( . (.�-�7) C. David owery cl""--4-17 * ************x***********!*********************** ***********************vet*****tit ACKNOWLEDGMENT THE STA . OF TEXAS, } COUNTY OF } BEFORE ME, the undersigned, • otary Public. on this day personally appeared , known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(s)is(are)subscribed to the foregoing instiur .... • acknowledged to me that be/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 19 Notary Public,State of Texas My Comtnisrion expires on the day of •19 ***********************KKK****************************************6************** *** CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF Harris } BEFORE ME, the undersigned, a Notary Public, on this day personally appeared C. David Towery of Sunwood Development, Inc. _ , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the•same was the act of the said Sunwood Development- Inc. _ , a corporation, that he/she was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the,oap ty therein stated. ss l� ,,,,t i; GIVEN UNDER MY HAND AND SEAL OF 0 CE. this•>2AJoay of07 .•19 •: Notary Public,State of Tex a • -Cr . _ My Commission expires on the /dYk-day of h_aG��.19U ,00 PAGE 2 Parcels 54, 55, & 60 Texas Department of Transportation PareD-15 of G92-63-0333 Page 3 of 3 Rev. 4/91 After recording please return this instrument to: Deloris McKenzie, T.R.M.C. ` City Secretary �.J City of Friendswood 109 Willowick Friendswood, TX 77546 � � 0 C) _ Q L , 0 z' p i—i4t. W v '" r�D qDi 04 x Q p �, a 9 � a �, . a . W F I O co 0 W e 0.�i v z `^ r o 0 6 e Q ,� :4 y C I—I n tA 0tA r.w 4. u -15 u cn c`� ° a3 0 f� o E. K ° z .I G � b (%-, cli U Pt.6 ,c,‘ i; o(3� v ° E- *4 p P2 U U Q C.L. "' CERTIFICATE OF' RECORDING THE STATE OF TEXAS, ) COUNTY OF Harris ) PAGE 3 F.M. 528 • Parcel 54 & 55 $129,890 G92-63-0334 County: Harris Highway: F.M . 528 Project Limits : From Galveston County Line to IH-45 C. S.J. : 0981-01- Field Notes for Parcel 54 Being 0.0634 of one acre of land, out of a 0. 5006 of one acre tract of land , located in the Sarah McKissick Survey, Abstract No. 549 and the Thomas Choate Survey, Abstract No. 12, Harris County, Texas , being that same certain 0 . 5006 of one acre tract of land conveyed from Austin-Northwest Development Company to Gulf Coast Waste Disposal Authority as described in deed dated June 17, 1974 and recorded under File No. E184680 of the Official Public Records of Real Property in Harris County, Texas (O. P. R. R. P. H.C. ) , said 0. 0634 of one acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the southwest corner of said 0. 5006 of one acre tract , said corner lying on the east line of that certain 12.2828 acre tract of land , as described in deed recorded under File No . F520478 O. P. R. R. P. H.C. , thence as follows: North 08°47 '12" West , along the common line of said 12. 2828 acre tract and said 0. 5006 of one acre tract , a distance of 138.00 feet to the southwest corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of F.M. 528, and being the POINT OF BEGINNING having coordinates X = 3, 220,046.59 and Y = 633, 931. 42 ; 1 ) THENCE NORTH 08°47 ' 12" West , continuing along said common line a distance of 20. 00 feet to the northwest corner of the herein described parcel , said corner lying on the existing southerly right-of-way line of F.M. 528 ( 100. 00 foot wide) ; 2 ) THENCE NORTH 81 °12 '48" East , along said existing southerly right-of-way line of E.M. 528 , a distance of 138 . 00 feet to a found 5/8 inch iron rod for the northeast corner of the herein described parcel , and said 0. 5006 of one acre tract , being the most northerly northwest corner of that certain 319 . 5538 acre tract , as described in deed filed under K415221 O. P. R. R. P. H . C. ; PAGE 4 • • F.M. 528 Parcel 54 & 55 $129,890 G92-53.0335 3) THENCE SOUTH 08°47 '12" East , along the common line of said 0. 5006 of one acre tract and said 319. 5538 acre tract , a distance of 20. 00 feet to the southeast corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of E.M. 528; 4 ) THENCE SOUTH 81 °12 '48" West , along said proposed southerly right-of-way line of E.M. 528, a distance of 138. 00 feet to the POINT OF BEGINNING, and containing 0.0634 of one acre of land , more or less. (All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . PAGE 5 Mayor a `.. EVELYN NEWMAN • .;y- .�; Councilmembers -c.E,... • £?Lty o CEn ,t cuooKITTEN HEW A N. :i.'et ^'" " + E MEL P. MEASELES ` .i � \``'�„ ` ; " ��1 TOM MANISON ,► M 109 WILLOWICK 7131482.3323 ED STUART FRIENDSWOOD, TEXAS 77546 3898 HAROLD RALEY `: A. FRANK FRANKOVICH P City Manager 11/4 1Bl 'N RONALD E. COX ' 's=:�=..fr City Secretary DELORIS ARCHER, CMC August 4, 1993 Mr. C. David Towery 3518 Travis, Suite 200 Houston, Texas 77002 Dear Mr. Towery, As we have been discussing, the City is proceeding with the acquisition of right-of-way for the FM 528 project. We are finalizing the necessary documents to purchase parcels 54 and 55 from the 321 acre tract that you represent. In finalizing our right-of-way needs, it has been brought to our attention that you represent tract 60; a tract that we must also acquire. We have included a copy of the field notes for parcel 60 for your records. The City of Friendswood is prepared to offer $2.00 per square foot for the purchase of the needed property; a total amount of $6,158. 00. The Texas Department of Transportation has advised that they prefer to included parcel 60 in the deed with parcels 53 and 54. We look forward to your favorable acceptance of this offer. Please contact our City Secretary, Deloris McKenzie, at (713 ) 482-3323, to arrange a meeting time to discuss these parcels.' Sincerely, ) .2.60.7-x. Evely Ne an Mayor Enclosure: cc: Ronald E. Cox, City Manager Deloris McKenzie, City Secretary Jimmy Thompson, Community Development Director 0G8493.A/EMA03 L Mayor t°An EVELYN NEWMAN <• YS, Councilmembers • .� dLty O9'TiE,2cLcJJooct bif MEL P. MEASELES ' TOM MANISON 14 `'0 ', 0'. ` ' ED �� .? i� 109 WILLOWICK 7131482.3323 HAR STUARTST RALEY 'I" 1 FRIENDSWOOD, TEXAS 77546.3898 A. FRANK D RALEVICH Manager 111r ,J CityRONA D E COX \-- 4vs � City Secretary DELORIS ARCHER, CMC August 18, 1992 sy.ks-t Ms. Wilna Hammersley Hammersley & Associates 128 West Parkwood Friendswood, Texas 77546 Dear Ms. Hammersley: The City of Friendswood is proceeding with the purchase of right of way necessary for the expansion of FM 528 from Clear Creek to IH 45. We must purchase approximately 1.5 acres of frontage along the 321-acre tract you recently acquired. The City of Friendswood is offering $2 per square foot for the purchase of the needed property; a total amount of $130,680. We look forward to your favorable acceptance of this offer. Once we receive your approval, we will work toward filing the proper papers. Sincerely, IL+ oe i7dGll Qom✓ Evelyn B. Newman Mayor EBN:REC:ksn cc Ronald E. Cox, City Manager James E. Thompson, Community Development Director Pam . sziN4ss R. C. Chuoke III & Associates Appraisers & Consultants P.O. Box 1447 655 FM 270 League City, Texas 77574 League City, Texas 77573 713-338-1000 October 5, 1992 Mr. Jimmy Thompson City of Friendswood 109 East Willowick Avenue Friendswood, Texas 77546 RE: Letter of opinion regarding the Market Value of Parcels 54 & 55 (Combined) , F.M. 528 Project, Harris County, Texas. Dear Jimmy: In accordance with your request, I have inspected the following described property for the purpose of estimating its current Market Value as of the date of this letter. BRIEF LEGAL DESCRIPTION OF PROPERTY BEING TAKEN Known as a total of 1. 5730 acres being out of a tract of land in the Sarah McKissick Survey, Abst. 12 , Harris County, Texas. SEE ATTACHED EXHIBIT "A" . I hereby certify that I have inspected the property described on October 5, 1992 and that all data gathered by my investigation is from sources believed reliable and true. It should clearly be understood that this letter only constitutes an abbreviated statement of final value and that it does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of the full narrative which will be prepared only upon request. ASenior Member �. 0 Q American Society of Appraisers Letter to City of Friendswood October 5, 1992 . . . Page 2 . . . . In my opinion, the estimated Market Value of the property described above as of October 5, 1992 is as follows: ESTIMATED MARKET VALUE : ONE HUNDRED TWENTY NINE THOUSAND EIGHTY HUNDRED NINETY DOLLARS . ($129 , 890. 00) y„*S 1(( & \ Respectfully Submitted, 4 I32191 Chris Chuoke, C9ASA NOTE: FULL NARRATIVE R.C. CHUOKE III & ASSOCIATES APPRAISAL AVAILABLE UPON REQUEST. BRIEF SUMMARY OF CALCULATIONS PARCEL 54 & 55 (COMBINED) INDICATED UNIT VALUE: $2 . 00 PER SQUARE FOOT PARENT TRACT SIZE: 35. 73 ACRES (Combined) PARTIAL TAKING SIZE: 1. 5730 ACRES/68 , 519 . 88 SF (Combined) AREA IN EXISTING UTILITY & H.L. & P. EASEMENTS: 0. 16414 ACRES/7 , 150 SF* AREA OUTSIDE EASEMENTS: 1. 40886 ACRES/61, 370 SF DISCOUNT FACTOR: 50%* REMAINDER SIZE: 34 . 1534 ACRES THUS: FEE SIMPLE AREA 61, 370 SF X $2 . 00 PSF = $122 , 740. 00 EASEMENT AREA 7 , 150 SF X $2 . 00 PSF X 50%* = $7 , 150. 00 DAMAGES TO REMAINDER -0- TOTAL ESTIMATED MARKET VALUE $129 , 890. 00 (R) *Discount factor applied to full fee value due to limited surface right imposed by easements. R. C. Chuoke 111 & Associates Real Estate Appraisers $ Consultants American Q member CHRIS CHUOKE Society of Appraisers P.O. Box 1447 713 ague City TX League League C 655 FM 270 Le ,338-1000 - Bus. 713-332-0123 R s573 l ` l 11\ \ %04:". fIV ___ i µlaNWA`r 52B opOOQ��opo ` rr M _-�� 3266 B9 � � � "• �pOQOp0�n0p000 pQOOY'O�pp m L Tyr _ a7'E _ 000 O 000 )00 000 �e- i2 o0o00po0p00000000� •_0p000�C,/ 0o0 00Qdp0000 w .�. _ 0000°° 00000 p000000 0°0 —� 0000000p0000000 O0000000°000000000�,. •000p000g �+5„vv�0 p00�0000• 0 •00000 p0000 Opp000 0000000 p00000 p p0p0°�'0000000• a , . • { � • . •00• 000°p0 0000000 000000 0000::0°0°0 000000• •0 00p00 • • • • • � . . pp00 0 O OQp00 °p00000 OOOopO°°00pp00 00000• 0p0. . r.z • • ' po0000p0000 000• •• o�o000000°000000°p000000 000°° Oo°000000� 000 00 00 0 0000 0000 000° 0flo°o°O•: 000°oo�p000000ooGe• .o°oopOpOp°o° 0000aOo°o°0000000°00000°o°o°oo•;• ; m ,00000•, �°'��i0000 0pOp0°p�00 a�• OD�Op0000��pflflOOQ�`O�OGflOOp�p°00000 0000 °p000000• o m O°•.•p00000° 000 p00 O 00 00 O_ _ J00 p000 p00 ' Z 71 00 00°O O0• 1 •00000 p0000 1B6 p00°O 0000° , e •O°• p000° }O O Op0 00 6, 00000°000000 Od' 000000 0pp0000 p00000 :oc°000°o Co o�n••10 ••��� �O00000000 '000O°o t O00%0000°000a000000°o°o°o°00000Qo� ./3 rn .Oo•Op0 G000pO000000 p O GOO `` 1 •OOOQQ ••�. 0�0p00d0p000 0000�00000• • • • • • • • 4V A` O •s .0 0000.•••• . 'L) {T`li Y.1••• a••••1 ' .,. • . • E C • .i. ► i 0 'in e. - - i . • • 1 _ Cl.‘. g.B,B ,'cre / 351 C 0 b • t4� A� / v" •� w 2 y / ,49 O '' a �, 4.. k / w 14 ``T 7. � ,4.t24 Ac / ,. d 1 ,AI. ,,_,,..., i.p, f P • ......, Q I ,r-- — — QQ' — 1- ^C./ l' n u w v,P,0 7 C QU TY Ft-�OL'7 c 1��1t O�a�O�O���r`�••��r�iie 4 TYPICAL STREET SCENE LOOKING EAST ALONG FM 528 AT PART BEING TAKEN Bak p 1I'1 321 ACRE + MIXED Use DEVELOPMENT 850-9188 • r y FRONT VIEW OF SUBJECT LOOKING SOUTH FROM FM 528 I • _ • • • •[ • • i r • • • nn r TYPICAL STREET SCENE LOOKING WEST ALONG FM 528 AT PART BEING TAKEN • December , 1987 Parcel 54 Page 1 of 2 Pages Exhibit A71 Page 1 of 2 Pages County: Harris Highway: F.M . 528 Project Limits : From Galveston County Line to IH-45 C.S. J. : 0981-01- Field Notes for Parcel 54 Being 0.0634 of one acre of land , out of a 0.5006 of one acre tract of land , located in the Sarah McKissick Survey, Abstract No. 549 and the Thomas Choate Survey, Abstract No. 12, Harris County, Texas , being that same certain 0. 5006 of one acre tract of land conveyed from Austin-Northwest Development Company to Gulf Coast Waste Disposal Authority as described in deed dated June 17, 1974 and recorded under File No. E184680 of the Official Public Records of Real Property in Harris County, Texas (O. P. R. R.P. H.C. ) , said 0. 0634 of one acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the southwest corner of said 0. 5006 of one acre tract, said corner lying on the east line of that certain 12.2828 acre tract of land , as described in deed recorded under File No . F520478 O. P.R. R. P. H.C. , thence as follows: North 08.47 '12" West , along the common line of said 12. 2828 acre tract and said 0.5006 of one acre tract , a distance of 138.00 feet to the southwest corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of F.M. 528, and being the POINT OF BEGINNING having coordinates X = 3, 220,046.59 and Y = 633, 931. 42; 1 ) THENCE NORTH 08°47 ' 12" West , continuing along said common line a distance of 20.00 feet to the northwest corner of the herein described parcel , said corner lying on the existing southerly right-of-way line of F.M. 528 ( 100. 00 foot wide) ; 2 ) THENCE NORTH 81 °12 '48" East , along said existing southerly right-of-way line of F.M. 528 , a distance of 138. 00 feet to a found 5/8 inch iron rod for the northeast corner of the herein described parcel , and said 0. 5006 of one acre tract , being the most northerly northwest corner of that certain 319. 5538 acre tract , as described in deed filed under K415221 O. P. R. R. P. H.C. ; December, 1987 Parcel 54 Page 2 of 2 Pages Exhibit 41 Page 2 of 2 Pages 3) THENCE SOUTH 08°47 '12" East , along the common line of said 0. 5006 of one acre tract and said 319. 5538 acre tract , a distance of 20. 00 feet to the southeast corner of the herein described parcel , said corner lying on the proposed southerly right-of-way line of F.M. 528; 4 ) THENCE SOUTH 81°12 '48" West , along said proposed southerly right-of-way line of F.M. 528, a distance of 138. 00 feet to the POINT OF BEGINNING, and containing 0.0634 of one acre of land , more or less. (All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . December , 1987 Parcel 55 Page 1 of 2 Pages Exhibit A_, Page 1 of , Pages County : Harris Highway: F.M . 528 Project Limits : From Galveston County Line to IH-45 C.S.J. : 0981-01- Field Notes for Parcel 55 Being 1.5096 acres of land , out of a 319. 5538 acre tract of land , located in the Thomas Choate Survey, Abstract No . 12, the John Dickinson Survey, Abstract No. 15 and the Sarah McKissick Survey , Abstract No . 549, in Harris County, Texas, being that same certain 319. 5538 acre tract conveyed from Bay Area Land Company, Ltd . , to H. D. Investors , Inc . , as described in deed dated February 17, 1986 and recorded under File No. K415221 of the Official Public Records of Real Property in Harris County, Texas (O.P. R.R. P. H.C. ) , said 1 . 5096 acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the southeast corner of that certain 0. 5006 of one acre tract of land , as described in deed recorded under File No. E184680 of the O. P. R. R. P. H.C. , said corner being an interior westerly corner of said 319. 5538 acre tract , thence as follows: North 08°47 ' 12" West , along the common boundary line of said 319. 5538 acre tract and said 0. 5006 of one acre tract , a distance of 138. 00 feet to the southwest corner of the herein described parcel , lying on the proposed southerly right-of-way line of F.M. 528, and the POINT OF BEGINNING having coordinates X = 3,220, 182. 97 and Y = 633,952. 50; 1 ) THENCE NORTH 08°47 '12" West , continuing along said common boundary line , a distance of 20. 00 feet to a found 5/8 inch iron rod for the northwest corner of the herein described parcel and the most northerly northwest corner of said 319. 5538 acre tract , being the northeast corner of said 0. 5006 of one acre tract , same lying in the existing southerly right-of-way line of F.M . 528 (100. 00 foot wide) ; 2) THENCE NORTH 81 °12 ' 48" East , along the existing southerly right-of-way line of F.M. 528 , a distance of 3, 106. 58 feet to a 1/2 inch iron rod found for the northeast corner of the herein described parcel , said point being the northwest corner of that certain 17. 8830 acre tract , conveyed to Harris County Flood Control District by deed recorded under File No. F520478 O. P. R. R. P. H. C. ; December , 1987 Parcel 55 Page 2 of 2 Pages Exhibit A-2 Page 2 of 7 Pages 3) THENCE SOUTH 03°00 '51" East, ( called South 03°00 '52" East) along the common boundary line of said 17.8830 acre tract and 319. 5538 acre tract, a distance of 38. 64 feet to a point for the southeast corner of the herein described parcel , lying on the aforesaid proposed southerly right-of-way line of F.M. 528; 4 ) THENCE SOUTH 79 °48 '58" West , along said proposed southerly right-of-way line of E.M. 528, a distance of 63. 91 feet to an angle point in said proposed southerly right-of-way line and the herein described parcel; 5) THENCE SOUTH 85°58 '37" West, continuing along said proposed southerly right-of-way line of F.M. 528, a distance of 240.8-3 feet to an angle point in said right-of-way line and the herein described parcel; 6 ) THENCE SOUTH 81°12 '48" West , continuing along said proposed southerly right-of-way line of F.M. 528, a distance of 2,798.81 feet to the POINT OF BEGINNING, and containing 1 . 5096 acres of land, more or less . ( All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . MARKET VALUE DEFINED 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 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 they consider their own best interest. 3 . A reasonable amount of time is allowed for exposure in the open market. 4 . Payment is made in cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ASSUMPTIONS AND LIMITING CONDITIONS This appraisal is subject to the following limiting conditions: The legal description is assumed to be correct. The appraiser assumes no responsibility for matters legal in character, or renders any opinion as to the title which is assumed to be good and marketable, and that subject does not violate any applicable codes, ordinances, statutes, or other government regulations. The property was appraised as a whole, owned in fee simple title and unencumbered by any indebtedness excepting the usual obligations, including debt service and taxes. The appraiser assumes that there are no concealed or dubious conditions of the subsoil , improvements, if any, which would have a tendency to render the property more or less valuable than similar properties. No toxic wastes or other environmental hazards exist on the subject site. My compensation for making this report is no fashion contingent upon the value reported. I am not required to give testimony or attend court by reason of this report with reference to the property in question. NOTE: THIS IS A SUMMARY LETTER STATING THE FINAL MARKET VALUE OF THE SUBJECT PROPERTY AND DOES NOT CONSTITUTE A FULL NARRATIVE APPRAISAL. ALL OF THE DATA AND ANALYSES USED ARE AVAILABLE IN THIS APPRAISER'S OFFICE AND ARE AVAILABLE UPON REQUEST. A FULL NARRATIVE APPRAISAL CAN BE PREPARED UPON REQUEST. i t L /iied ovo / GF No . or File No. : 92120475 TD: D 69/231 f}/( C s CDL/DS (507) 1st. REVISION (EMS) Effective Date : MARCH 17 , 1993 , issued , 1993 , 5 : 00 p.m. 1 . The Policy or Policies to be issued: a) OWNER POLICY OF TITLE INSURANCE (Form T-1) Policy Amount PROPOSED INSURED: b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE Policy Amount INSURANCE--ONE-TO-FOUR FAMILY RESIDENCES $ (Form T-1R) PROPOSED INSURED: c) MORTGAGEE POLICY OF TITLE INSURANCE Policy Amount (Form T-2) $ PROPOSED INSURED: Proposed Borrower: d) MORTGAGEE TITLE POLICY BINDER ON INTERIM Binder Amount CONSTRUCTION LOAN (Form T-13) $ PROPOSED INSURED: Proposed Borrower: e) OTHER Policy Amount PROPOSED INSURED: 2 . The interest in the land covered by this Commitment is : Fee Simple 3 . Record title to the land on the Effective Date appears to be vested in: SUNWOOD DEVELOPMENT CORPORATION 4 . Legal Description of land: PARCEL 54 : rt223242526c.,?�8 At COUNTERSIGNED: �G�\v�9 pOC HOUSTON TITLE COMPANY / C\„zii0C�pRV ist By Authorized Agent �c///01 6 C 1 HOUSTON TITLE Since 1892 GF No. : 92120475 Being 0 . 0634 of one acre of land, out of a 0 . 5006 of one acre tract of land, located in the Sarah McKissick Survey, Abstract No. 549 and the Thomas Choate Survey, Abstract No. 12 , Harris County, Texas, being that same certain 0 . 5006 of one acre tract of land conveyed from Austin-Northwest Development Company to Gulf Coast Waste Disposal Authority as described in deed dated June17, 1974 and recorded under File No. E-184680 of the Official Public Records of Real Property in Harris County, Texas, (O.P.R.R.P.H.C. ) , said 0 . 0634 of one acre parcel being more particularly described by metes and bounds as follows : COMMENCING at the Southwest corner of said 0 . 5006 of one acre tract, said corner lying on the East line of that certain 12 .2828 acre tract of land, as described in deed recorded under File No. F-520478 O.P.R.R.P .H.C. , thence as follows : North 08 degrees 47 minutes 12 seconds West, along the common line of said 12 .2828 acre tract and said 0 .5006 of one acre tract, a distance of 138 . 00 feet to the Southwest corner of the herein decribed parcel, said corner lying on the proposed Southerly right-of-way line of F.M. 528, and being the POINT OF BEGINNING having coordinates X = 3, 220, 046 . 59 and Y = 633, 931 .42; 1) THENCE North 08 degrees 47 minutes 12 seconds West, continuing along said common line a distance of 20 . 00 feet to the Northwest corner of the herein described parcel, said corner lying on the existing Southerly right-of-way line of F.M. 528 (100 . 00 foot wide) ; 2) THENCE North 81 degrees 12 minutes 48 seconds East, along said existing Southerly right-of-way line of F.M. 528, a distance of 138 . 00 feet to a found 5/8 inch iron rod for the Northeast corner of the herein described parcel, and said 0 . 5006 of one acre tract, being the most Northerly Northwest corner of that certain 319 . 5538 acre tract, as described in deed filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . K-415221 O.P.R.R.P.H.C. ; 3) THENCE South 08 degrees 47 minutes 12 seconds East, along the common line of said 0 . 5006 of one acre trcat and said 319 . 5538 acre tract, a distance of 20 . 00 feet to the Southeast corner of the herein described parcel, said corner lying on the proposed Southerly right-of-way line of F.M. 528; 4) THENCE South 81 degrees 12 minutes 48 seconds West, along said proposed Southerly right-of-way line of F.M. 528, a distance of 138 . 00 feet to the POINT OF BEGINNING, and containing 0 . 0634 of one acre of land, more or less . (All bearings are based on the Texas State Plane Coordinate System, South Central Zone) . PARCEL 55 : COUNTERSIGNED: HOUSTON TITLE COMPANY By HOUSTON Authorized Agent TITLE Since 1892 892 GF No. : 92120475 5) THENCE South 85 degrees 58 minutes 37 seconds West, continuing along said proposed Southerly right-of-way line of F.M. 528, a distance of 240 . 83 feet to an angle point in said right-of-way line and the herein described property; 6) THENCE South 81 degrees 12 minutes 48 seconds West, continuing along said proposed Southerly right-of-way line of F.M. 528, a distance of 2 , 798 . 81 feet to the POINT OF BEGINNING, and containing 1 . 5096 acres of land, more or less . (All bearings are based on the Texas State Plane Coordinate System, South Central Zone. ) COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE since is92 GF No. : 92120475 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney' s fees, and expenses resulting from: 1 . The following restrictive covenants of record itemized below, but in any mortgagee policy of title insurance or mortgagee title policy binder on interim construction loan, the Company will insure that any such restrictive covenants have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage: Restrictive Covenants as set out in instrument (s) filed for record in the Office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . D-547871 and F-295401. 2 . Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments, or protrusions or any overlapping of improvements . 3 . Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only. ) 4 . Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or prennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c . to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegatation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only. ) 5 . Standby fees, taxes and assessments by any taxing authority for the year 1993 , and subsequent year, and subsequent taxes and assessments COUNTERSIGNED : HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 9212047E by any taxing authority for prior years due to change in land usage or ownership . 6 . The terms and conditions of the documents creating your interest in the land. 7 . Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is given to us before a binder is issued. ) 8 . Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Mortgagee Policy only. ) 9 . The following matter and all terms of the documents creating or offering evidence of the matters : (Lien to be created in a manner and on a form acceptable to the Company. ) 10 . Rights of Parties in Possession. (Applies to Owner Policy Only. ) 11 . A sanitary sewer easement along a portion of proposed Bay Area Blvd. granted to Harris County Municipal Utility District No. 55 as reflected in filed for record in the Office of the County of Harris County, Texas, under County Clerk' s File No. J-335262 . 12 . Easement for pipeline purposes thirty (30) feet in width as granted to Humble Pipeline Company by instrument recorded in Volume 6336, Page 23 of the Deed Records of Harris County, Texas . O.S. 0.11Uel ate►►• 13 . Sanitary sewer easement ten (10) feet wide granted to County of Harris by instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . F-757693 . 14 . One Thirty-Second (1/32nd) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2395, Page 614, of the Deed Records of Harris County, Texas . 15 . One Thirty-Second (1/32nd) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2395, Page 614, of the Deed Records of Harris County, Texas . 16 . A 1/96th non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF Nc . : 921204i 5 reserved in instrument recorded in Volume 2395, Page 614, of the Deed Records of Harris County, Texas . 17 . All oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 1334, Page 590, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 18 . A One Sixteenth (1/16th) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . D-900823 . 19 . A One Half (1/2) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 1293, Page 230, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 20 . An undivided One Fourth (1/4th) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 236, Page 407, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 21 . An undivided One Fourth (1/4th) of all oil, gas and other minerals of every character in and under the herein described property, reserved in instrument recorded in Volume 236, Page 406, of the Deed Records of Harris County, Texas, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument . 22 . One Thirty-Second (1/32nd) royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 2316 , Page 452 , of the Deed Records of Harris County, Texas . 23 . A One Sixteenth (1/16th) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 4736 , Page 564, of the Deed Records of Harris County, Texas . 24 . An undivided One Half (1/2) interest in and to all royalties on all minerals reserved by Margaret I . Martin as set forth in instrument recorded in Voloume 4736, Page 564 of the Deed Records of Harris COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 921204-L County, Texas, filed for record in the Office of the County Clerk of Harris County , Texas, under County Clerk' s File No. F-295407 . (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 25 . Life Estate in One Half (1/2) of the royalties on production devised to Gladys Mary McKinney by the Will of Josephine R. Whitcomb, deceased. (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 26 . A One Sixteenth (1/16th) royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument recorded in Volume 3030, Page 690, of the Deed Records of Harris County, Texas. 27 . A One Sixteenth (1/16th) of all oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . D-547871, reference to which instrument is here made for all purposes. Title to said interest has not been investigated subsequent to date of the aforesaid instrument. 28 . Oil, gas and mineral lease effective August 12, 1976, filed for record in the office of the County Clerk of Harris County, Texas, •� under rClnk D aF Harrison,sII50e7t, albetwen LeH esCorpsorationav in , g been amended by instrument filed August 5, 1977 , under County Clerk' s File No. F-244178, and supplemented by instrument executed in multiple counterparts and filed August 5, 1977 and September 14, 1977 filed for record in the Office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . F-244179 and F-295404 . (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument. ) 29 . All oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . E-838626, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument. (A Waiver of Surface Rights is contained therein. ) 30 . All grantors interest to all oil, gas, and other minerals outstanding as set forth in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . E-838626 . (A Waiver of Surface Rights is contained therein. ) (Title to said interest has not been investigated subsequent to the date of the aforesaid instrument . ) 31 . In said surface rights were waived as to 50% of grantor' s interest COUNTERSIGNED: HOUSTON TITLE COMPANY By HOUSTON Authorized Agent TITLE Since 1892 G2 Ivo . : 92120475 to approximately 66 acres of land referred to as the split-ownership mineral tracts, and as to 100% of grantor' s interest to the remainder of the called 321 . 2573 acre tract. 32 . Subject to any portion of subject property lying within the limits 2 of Bay Area Blvd. Extension as described in document filed for record in the office of the County Clerk of Harris County, Texas, 1.1' under Clerk' s File No (s) . J-65 and refiled under County Clerk' s^.,. File No. J-664881 . lt;dr 33 . Harris County Flood Control District drainage easement filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . E-449568, a, 11/ 34 . Record owners acquired fee title to the above easements in the special Warranty Deed executed by the Harris County Flood Control District Bay Area Land Company dated January 21, 1985, filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . K-384682 . 35 . Harris County Flood Control District drainage easements filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . E-577582 . 36 . Easement Deed dated August 9, 1984, filed August 16, 1984, in the 2 Office of the County Clerk of Harris County, Texas, under Clerk File No. J-652541 and refiled for record under Harris County Clerk' s File No. J-664881 . 37 . City of Friendswood, Ordinance No. 85-18, for vacating, abandoning, and closing a portion of Clearwood Avenue filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . K-213727 . 38 . Zoning Ordinances by the City of Friendswood. (OWNER POLICY ONLY) 39 . Terms, conditions and stipulations contained in any and all (Unrecorded) Lease Agreemen r � °PA lJ' Xr.r. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No. : 92120475 SCHEDULE C Your Policy will not cover loss, costs, attorney' s fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1 . Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2 . Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic' s, laborer' s or materialmen' s liens have attached to the property, - there is legal right of access to and from the land, - (on Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3 . You must pay the seller or borrower the agreed amount for your property or interest . 4 . Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5 . We must be furnished with a Corporate Resolution by the Board of Directors of DCF, Inc . authorizing the current transaction, naming the officers authorized to execute the necessary instrument . We also require a certificate from the Secretary of State of the State of Texas, showing that said Corporation is in Good Standing and/or authorized to do business in the State of Texas . 6 . If the property described in Schedule A is located within the City of Houston, Ordinance 89-1312 requires that each Buyer and Seller execute a notice listing restrictive covenants at or prior to the COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent HOUSTON TITLE Since 1892 GF No . : 92120475 closing of any sale. Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the transaction covered by this Commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988, the State Board of Insurance has adopted Procedural Rule P-27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account. "Good Funds" is defined as : (1) Cash or Wire Transfers : (2) Certified funds, including certified checks and cashier' s checks; (3) Uncertified funds in amounts less than $1500 . 00, including checks, traveler' s checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1500 . 00 limitation; and (4) Uncertified funds in amounts of $1500 . 00 or more, drafts, and any other item when collected by the Financial Institution. COUNTERSIGNED: HOUSTON TITLE COMPANY By HOUSTON Authorized Agent TITLE since 1892 LAWYERS TITLE INSURANCE CORPORATION National Headquarters -- Richmond, Virginia SCHEDULE D Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates, and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1 . The following individuals are directors and/or officers, as indicate of Lawyers Title Insurance Corporation, a wholly owned subsidiary of Universal Corporation. President and Chief Directors Directors Operating Officer Janet A. Alpert Frederick H. Hemphill, Jr. Janet A. Alpert Kenneth Astheimer Russell W. Jordan, III Secretary James L. Boren, Jr. Charles W. Keith John M. Carter G. William Evans Eugene F. Lanuzza Senior Vice President, Charles H. Foster, Jr. Treasurer and Chief William H. Goodwyn, Jr. Financial Officer G. William Evans 2 . The following disclosures are made by the Title Insurance Agent issuing this commitment: President: David B. Housefield 3 . You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates . Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is : Owners Policy $ Mortgagee Policy $ Endorsement Charges $ Binder Charge $ Total $ Of this total amount : 19% will be paid to the policy issuing Title Insurance Company; 81% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows : Amount (or %) To Whom For Services The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance. HOUSTON TITLE Since 1892 " PAUL W.SCHRADER LL j6``2.j�j Mayor 4.:;:".":";:l.;;);;;;.i. • �,� �• }� '� c y� ,( T CaMdlrtteW)em nit O 9'LCEn i,c OO RON RITTER �1 "J ROBERT WK:KLANOER ` .;, EVELYN NEWMAN r+::��•\ `"��:.`jr; ED STUART �_y��. , �•.• 109 WILLOWICK 713/482.3323 HAROLD RALEY �`-. ► FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH a tar Cnr Manager DEIORIS ARCHER,CMC 33:; +r►"iJ CUY Secretary FAX TRANSMISSION FAX PHONE NUMBER 482-4n1 3722 DATE: 1/22/93 PAGE: 8 TO: Jerry Graham fiat' -yet- 5 7o State Dept . of Highways FROM: Deloris McKenzie City Secretary IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CONTACT MY OFFICE AT 713-482-3323, X 29 **************************************************************** **************************************************************** ATTACHED: Special Warranty Deed - Sunwood cc: Branton Kutch Crain, Caton & James Mayor if EVELYN NEWMAN !• � � (�.GIA;. f9 ,LEYL wooC(,�L� O�J:. H 109 WILLOWICK 7131482-3323 ED STUART ,•' M HAROLD RALEY ai FRIENDSWOOD, TEXAS 77546 3898 A. FRANK FRANKOVICH City Manager 1Bl4N RONALD E. COX City Secretary 70" DELORIS ARCHER, CMC March 23, 1993 To Mayors of Harris County I Need your assistance as I travel to Washington, D.C , , Monday, March 29th, to meet with Senator Gramm and representatives from H.U.D. , as well as att-anciing the hearing on Corp of Engineers Project on Clear Creek. The maximum loan for F.H.A. in Harris County is now $9 0,0 0 0.0 0 and has been for-the- past-eight-years. We are asking for an increase in Harris County and • need the support of all the Mayors of Harris County Cities. Please write a letter supporting. this .increase, send or fax (713) 482-3722 your letter to the City of Friendswood, Attn: City Se:retar, 109. -Willowick, Friendswood, Texas 77546, and I will hard copy the packet of letters of support to present to H.U.D. -I am enclosing a draft, which you can reuse, as you like. Will need to have it in Friendswood by Friday, March 26th. Thank you, &-eit) Mayor Evelyn Newman. City of Friendswood EN/1st ■ Mayor TT EVELYN NEWMAN • '��4\ .,:-�� ?', 9iEiidiood eLLa of MEL P. MEASELES ; :�` �`i• '.�` H TOM MANISON ater109 WILLOWICK 713/482.3323 ED STUART i '� ► FRIENDSWOOD, TEXAS 77546.3898 HAROLD RALEY ' L; A. FRANK FRANKOVICH 1Bl a. City RONALDanager E. COX 4s 3' City Secretary ?3:- •ty DELORIS ARCHER, CMC March 23, 1993 Department of Housing & Urban Development 451 7th Street South West Washington, D.C. 20410 The housing industry is essential to the economy of our Cities and Harris County has lingered with a maximum loan of $90,000.00 on F.H.A loans for approximately eight years without an increase. Neighboring communities have received continued in 'reases in the F.H.A. maximum loan. We ask that you consider an immediate increase to the F.H.A. maximum loan. First fjmc home buyers, single parents, young professionals just graduating from college who have not had the opportunity to save for a large down payment and the home bit i 1 ci i nrg industry would all b ncf i t from the increase. Your consideration and support of an immediate increase for Harris County will be greatly appreciated. Sincerely, 44 -e.z7P- rJ Mayor Eve yn Newman City of Friendswood. EN/1st • r•AAJt W.C.G.IFL�EII •� a •.[ "4 L.G!ZKi CL7 d a- c7Ca faO W4t�IcLwNlxen .a✓! CM'Hl•YN t1EWMAN ••_� ` 't f)B W�LLOw K T73I4U2.9923 8rUo RT' FR[Et4C SWOOO.TEXAS 77546•3t998 CAPIO r4 C-C.RALE,ivlc:rr 1:10 .tr Oft,Ir ..�''- ar- -q m•.a.owls ariCt.Cra.oac FAx TRANSM=ssION FAX PHONE NUMBER 4S2—W1-a[ 3722 DATE: 1/2 2/9 3 PACE: �-- pt ----.--- TO: Jcrr•y 0►:ukf eam flr T-- /�G' tP S t e.t r Dvo t . "t_._Ni .b,.,..yd FROM: acls`!T_iY--_-FSSLF..t.27.?1.e..--------------------__CitY Secretary IF YOU DO NOT RECEIVE ALL OF TUE PACES. PLEASE CONTACT MY OFFICE AT 713-4B2-3323. x 29 TRANSM I SS I ON REPORT THIS DOCUMENT WAS CONFIRMED ( REDUCED SAMPLE ABOVE - SEE DETAILS BELOW ) ** COUNT ** TOTAL PAGES SCANNED : 12 TOTAL PAGES CONFIRMED : 12 *** SEND *** No. REMOTE STATION r—_ START TIME 1DURATIONii#PAGES MODE RESULTS 1 B80257001 3-24-93 4:34PM 1 5'27" 12/ 12 COMPLETED 9600 TOTAL 0:05.27" 12 NOTE: No. : OPERATION NUMBER 48 : 4800BPS SELECTED EC : ERROR CORRECT G2 : G2 COMMUNICATION PD : POLLED BY REMOTE SF : STORE & FORWARD RI : RELAY INITIATE RS : RELAY STATION MB : SEND TO MAILBOX PG : POLLING A REMOTE MP : MULTI-POLLING RM : RECEIVE TO MEMORY L PAUL W.SCHRADER :Afigf::.;.i.1:i.c.:.1.:;i:..i., 7•�\�► • �', Mayor CAur rtnembers RON RtriER yi N., 2Ltyof97iEncL1cuood ROBERT WICKLANDER ': ' ` • ;y EVELYN NEWMAN �� t ..,:; �' j 109 WILLOWICK 713/482.3323 ED STUART r` v` '�� HAROLD RALEY '�� =` 1 FRIENDSWOOD, TEXAS 77546-3898 A FRANK FRANKOVICH lki .. .. II 18l AP 17 AV C.+tr Manager Atj DELORIS ARCHER,CMC , . 0;ji City Seaeary . t FAX TRANSMISSION FAX PHONE NUMBER 482-4NYX 3722 DATE: 1/22/93 PAGE: 8 •cafr . TO: Jerry Graham fifiX —re2— S7Q a State Dept . of Highways FROM: Deloris McKenzie City Secretary IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CONTACT MY OFFICE AT 713-482-3323, X 29 **************************************************************** **************************************************************** R. C. Chuoke III & Associates P11"61" G ° Appraisers & Consultants P.O. Box 1447 655 FM 270 League City, Texas 77574 League City, Texas 77573 713-338-1000 August 9 , 1993 Ms. Delores McKenzie City of Friendswood 109 East Willowick Avenue Friendswood, Texas 77546 RE: Letter of opinion regarding the Market Value of Parcel 60 F.M. 528 Project, Harris County, Texas. Dear Sirs: In accordance with your request, I have inspected the following described property for the purpose of estimating its current Market Value as of the date of this letter. BRIEF LEGAL DESCRIPTION OF PROPERTY BEING TAKEN Being a . 0710 acre parcel being out of a tract of a 17 . 883 acre tract of land in the Sarah McKissick Survey, Abst. 549 , Harris County, Texas. SEE ATTACHED EXHIBIT "An . I hereby certify that I have inspected the property described on August 9, 1993 and that all data gathered by my investigation is from sources believed reliable and true. It should clearly be understood that this letter only constitutes an abbreviated statement of final value and that it does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of the full narrative which will be prepared only upon request. As per our agreement, the data and analysis is presented in a brief format and the report does deviate from the USPAP as permitted upon agreement between client and appraiser. Senior Member A Q 0 Q American Society of Appraisers City of Friendswood August 9 , 1993 . . . Page 2 . . . . In my opinion, the estimated Market Value of the property described above as of August 9 , 1993 is as follows: ESTIMATED MARKET VALUE : ONE THOUSAND FIVE HUNDRED FORTY DOLLARS. ($1, 540 . 00) Respectfully Submitted, Chris Chuoke, ASA NOTE: FULL NARRATIVE R.C. CHUOKE III & ASSOCIATES APPRAISAL AVAILABLE UPON REQUEST. ,",°F T , ''b 1 , * s • •13213a1p BRIEF SUMMARY OF CALCULATIONS PARCEL 60 INDICATED UNIT VALUE: $.50 PER SQUARE FOOT * PARENT TRACT SIZE: 17 .883 ACRES PARTIAL TAKING SIZE: . 0710 ACRES/3,079 SF REMAINDER SIZE: 17 .8120 ACRES * Discount applied to subject property for lying within a drainage ditch and for parent tract dimensions. THUS: AREA IN TAKING 3,079 . 00 SF X $2 . 00 PSF X 25% = $1,540 . 00 (R) DAMAGES TO REMAINDER -0- TOTAL ESTIMATED MARKET VALUE $1,540 .00 FRONT VIEW OF SUBJECT ail • • TYPICAL STREET SCENE LOOKING WEST ON F.M. 528 - ---------t tv C I �5, o- \ I `690 -\ 161 U.E. I IW • 6p L 0 T =_ co B L•7 4�7 rn CHURCH .00 9• H. C. (-V op -♦- O : N. w ,, , WOOD • 11 56 Q „ • „ FENCE 0 u 58 ,, . . „,, ,, 1 Ea ' 20.73k ICI 1? SET c ' A 4 C5 SEN 81°12 a�ri.° O ----- ----------S_81212 48 W--556755' —Af - = 'I 48• 207.7� ---+q‘ C6 S48°27'4'S"E - 16.981 �65 C'7--------- -- ------�---4 470HWY. R . moral FND. " I. L'��� n. _ 11g•=-3146,-58' _ tiga }1-��1-441 --Wi -°1ii413:-V rc__r ------ � 41.•, � ,�'1F'e SET ,1l�f°t2�@"E--3F OSET �' _i . � A.40 � Qiie�� -�'I�'21°E--3 S 81°12 4 'W S85°58'37" SET SST `' , --_ - ,798.81 W -' 240.83' n d0) i op 33'W ; ; > 1 •---- ------`_� �'"- OINT OF BEGINNING PARCELS -t r' - ' ti der 56' 8 57 J.U.JU . , � _ a�, N X(= 3;223, 184.81 S79°48' 8"W ` ' 63.9 I� r' Y= 634,551.14 ^ t SET 5/8 ,I.R. S03°00152"E cv u _. 38.64 a• 3 -; M 1 H.L. & _ i POINT OF BEGINNING N. o 2.672 PARCEL 60 J.U.P ;- ° •H gl X=3,223;408.33 . 0 d I Y= 634?4 Ti.28' N z ; FND. 5/8 I.R. , o p �, 1\I 05°36 35 E, 0.29 i STORS , INC. 0 ' ?2I O• P. R. R. P. H. C. Z S DEED . 3 (Called S86°59'46' (Called N - 538 AC. cv 86°4810 E, JRVE DATA-C7 o r 80' H.L.8�i .08 •o coI M - w P. o 2 N 0 R.O.W. o p L.) o J M WI gum Greeks.Iro.QCMYMgHT 1•T• Survey MARKET VALUE DEFINED 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 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 they consider their own best interest. 3 . A reasonable amount of time is allowed for exposure in the open market. 4 . Payment is made in cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ASSUMPTIONS AND LIMITING CONDITIONS This appraisal is subject to the following limiting conditions: The legal description is assumed to be correct. The appraiser assumes no responsibility for matters legal in character, or renders any opinion as to the title which is assumed to be good and marketable, and that subject does not violate any applicable codes, ordinances, statutes, or other government regulations. The property was appraised as a whole, owned in fee simple title and unencumbered by any indebtedness excepting the usual obligations, including debt service and taxes. The appraiser assumes that there are no concealed or dubious conditions of the subsoil, improvements, if any, which would have a tendency to render the property more or less valuable than similar properties. No toxic wastes or other environmental hazards exist on the subject site. My compensation for making this report is no fashion contingent upon the value reported. I am not required to give testimony or attend court by reason of this report with reference to the property in question. NOTE: THIS IS A SUMMARY LETTER STATING THE FINAL MARKET VALUE OF THE SUBJECT PROPERTY AND DOES NOT ASSUME TO CONSTITUTE A FULL NARRATIVE APPRAISAL. ALL OF THE DATA AND ANALYSES USED ARE AVAILABLE IN THIS APPRAISER'S OFFICE AND ARE AVAILABLE UPON REQUEST. A FULL NARRATIVE APPRAISAL CAN BE PREPARED UPON REQUEST. QUALIFICATIONS OF APPRAISER Chris Chuoke, ASA Have been engaged in the real estate appraisal profession since 1978 . Presently Vice-President of Clear Lake Realty, Inc. and Owner/President of R. C. Chuoke III & Associates located at 655 FM 270, League City, Texas 77573 . (713 338-1000 . Since 1978, the scope of work has included real estate appraisals, real estate sales, consulting, and real estate development. Experience in real estate appraisals include light industrial properties, commercial, retail, office buildings, some special purpose properties, as well as single family detached houses, duplexes, and condominium/townhouse units and apartments. Additionally, experience in right of way appraisals and condemnation. Listed below are clients served: (Partial List) CORPORATE RELOCATION Polio Loco Restaurants Home Equity Relocation Friendswood Development Company Equitable Relocation Exxon Pipeline Company Travelers Relocation Exxon Corporation Coldwell Banker Relocation South Shore Harbor Development Merrill Lynch Relocation Mobile America Housing Corp. Prudential Relocation Pizza Inns, Inc. Outboard Marine Corp. (OMC) Rockwell Space Operations, Inc. CAE-Link Corporation BANKS GOVERNMENTAL NCNB Texas Galveston County Harrisburg Bank City of Kemah First City Bank - Clear Lake City of League City First Interstate Bank - Seabrook Clear Creek ISD 1st National Bank of Texas Small Business Adminis. Clear Lake National Bank City of El Lago 1st National Bank of Alvin UH @ Clear Lake Ellington Bank of Commerce Resolution Trust Corporation Texas Commerce Bank - Clear Lake Home Bank of Kansas City League City Bank & Trust MORTGAGE COMPANIES Bayshore National Bank Empire of America Hobby Community Bank Countrywide Funding Bank of India, New York Branch Columbia Federal Savings Bay Area Bank & Trust Federal Home Mortgage Citizens Bank & Trust, Dickinson The Florida Group Lockheed Employees Credit Union TexasBanc & Savings First National Bank of Angleton Friedman Mortgage JSC Federal Credit Union Mainland Bank - Texas City EDUCATION Bachelor of Business Administration, 1977 University of Houston at Clear Lake. APPRAISAL EDUCATION American Institute of Real Estate Appraisers, Courses A-A, A-B Graduate Real Estate Institute Courses 1, 2 , & 3 . Appraisal Institute, Standards of Professional Practice, Part A Various Appraisal Seminars/Continuing Education PROFESSIONAL DESIGNATIONS SENIOR MEMBER ASA (American Society of Appraisers) GRI (Graduate Real Estate Institute) Texas State Certified Appraiser #TX-1321347G PROFESSIONAL AFFILIATIONS Texas Real Estate Brokers License: 1977 #216958 Texas Association of Realtors National Association of Realtors Gulf Coast Association of Realtors Senior Member American Society of Appraisers Society of Real Estate Appraisers (Candidate) }r..r.: ,. 2R;y3 ,j. -�M c.. Y, i,, t.G 1i(L' °''.Iry D.•'' �?' �' i. i !' q, t. �k"��v PVT SCHEUL\ t A N Cb ` l q GF No. or File No. : 93080789 TD: Ocf LR/DMT (507) 1st . Rev. f Lc.e,L 6 '` Effective Date : September 30, 1993 , issued , 1993 , 5 : 00 p.m. 1 . The Policy or Policies to be issued: a) OWNER POLICY OF TITLE INSURANCE (Form T-1) Policy Amount PROPOSED INSURED: b) TEXAS RESIDENTIAL OWNER POLICY OF TITLE Policy Amount INSURANCE--ONE-TO-FOUR FAMILY RESIDENCES $ (Form T-1R) PROPOSED INSURED: CITY OF FRIENDSWOOD c) MORTGAGEE POLICY OF TITLE INSURANCE Policy Amount (Form T-2) $ PROPOSED INSURED: Proposed Borrower: CITY OF FRIENDSWOOD d) MORTGAGEE TITLE POLICY BINDER ON INTERIM Binder Amount CONSTRUCTION LOAN (Form T-13) $ PROPOSED INSURED: Proposed Borrower: e) OTHER Policy Amount PROPOSED INSURED: 2 . The interest in the land covered by this Commitment is : Fee Simple 3 . Record title to the land on the Effective Date appears to be vested in: SUNWOOD DEVELOPMENT CORPORATION 4 . Legal Description of land: Being 0 . 071 of one acre (3 , 079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12 , Harris County, COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 Texas, and being out of a 17 . 8830 acre tract of land conveyed from Harris County Municipal Utility District No . 55 , to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F-520478 of the Official Public Records of • Real Property of Harris County, Texas, said 0 . 071 of one acre parcel Bing more particularly described as follows : COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2 . 672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October , 1977 and recorded under File No. F-336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of a 137 . 3944 acre tract conveyed to Crestfield Realty, Inc . , :ram Boundbrook Enterprises, Inc . , by deed dated October 5, 1983 and recorded under File No. J-171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows : "north 03 degrees 00 minutes 50 seconds West, along the East line of said 2 . 672 acre tract and an interior West line of said 137 . 3944 acre tract, a distance of 346 . 25 feet to the existing South right of way line of F.M. 528 (100 feet wide) ; South 81 degrees 12 minutes 48 seconds West, along the existing South right of way line of F.M. 528 (100 feet wide) , a distance of 357 . 42 feet to a five-eighths inch iron rod with TXDOT aluminum cap set on the proposed South right of way line of F.M. 526 at the Northwest corner of said 2 . 672 acre tract and the Northeast corner of said 17 . 8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3 , 223 , 408 . 33 and Y = 634 , 471 . 28 from which a found five-eighths inch iron rod bears North 05 degrees 36 minutes 35 seconds East, 0 . 29 East , (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0 . 999870) ; THENCE South 68 degrees 01 minutes 33 seconds West , along the proposed South right of way line of F.M. 528 , a distance of 168 . 50 feet to a five-eighths inch iron rod with TXDOT aluminum ca p set ofi the West line of said 17 . 8830 acre tract arid the East line of a 319 . 5538 acre tract conveyed to H. H. Investors, Inc . , from Bay Area Land Company, Ltd. , by deed dated February 17 , 1986 and recorded under File No . K-415221 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 03 degrees 00 minutes 52 seconds West, alaong the West line of said 17 . 8830 acre tract and the East line of said 319 . 5538 acre tract, a distance of 38 . 64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. (100 feet wide) ; COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 THENCE North 1 degrees 12 minutes 48 seconds East, along the existing South right of way line of F.M. 528 (100 feet wide) , a distance of 160 . 17 feet to the POINT OF BEGINNING and containing 0 . 071 of one acre (3 , 079 square feet) of land, more or less . COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 SCHEDULE B EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney' s fees, and expenses resulting from: 1 . The following restrictive covenants of record itemized below, but in any mortgagee policy of title insurance or mortgagee title policy binder on interim construction loan, the Company will insure that any such restrictive covenants have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage : Restrictive Covenants as set out in instrument (s) filed for record in the Office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . J-882661, D-547871, F-295401, F-295402 and E-571418 . 2 . Any discrepancies, conflicts or shortages in area or boundary lines, or any encroachments, or protrusions or any overlapping of improvements . 3 . Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner Policy only. ) 4 . Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or prennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c . to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e . to the area extending from the line of mean low tide to the line of vegatation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only. ) 5 . Standby fees, taxes and assessments by any taxing authority for the COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 year 1993 , and subsequent year, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. • 6 . The terms and conditions of the documents creating your ins rest in the land. 7 . Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is given to us before a binder is issued. ) 8 . Liens and leases that affect the title to the land, b_:- that are subordinate to the lien of the insured mortgage . ;Applies to Mortgagee Policy only. ) 9 . The following matter and all terms of the documents _ eating or offering evidence of the matters : (Lien to be created in a manner and on a form acceptable to the Company. ) 10 . Rights of Parties in Possession. (Applies to Owner Policy Only. ) 11 . One Sixteenth (1/16th) of all oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . D-547817, reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument . • 12 . One Sixteenth (1/16th) non-participating royalty interest in all of the oil, gas and other minerals in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . D-547871 . 13 . All oil, gas and other minerals of every character in and under the herein described property, as reserved in instrument filed for record in the office of the County Clerk of Harris County, Texas, under Clerk' s File No (s) . E-571418 , reference to which instrument is here made for all purposes . Title to said interest has not been investigated subsequent to date of the aforesaid instrument . 14 . A right of way easement over and across the subject property more fully described in Deed filed January 27, 1986 from Harris City Flood Control District to Bay Area Land Company under County Clerk' s COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 File No. K-384682 . 15 . Right to cross subject property with any and all roads, lines, mains, bridges, etc . , as shown in instrument filed March 17, 1978, under County Clerk' s File No. F-520478 . COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent r GF No. : 93080789 SCHEDULE C Your Policy will not cover loss, costs, attorney' s fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1 . Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2 . Satisfactory evidence must be provided that : - no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic' s, laborer' s or materialmen' s liens have attached to the property, - there is legal right of access to and from the land, - (on Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage . 3 . You must pay the seller or borrower the agreed amount for your property or interest . 4 . Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment . 5 . The herein described property is located in the Harris County Municipal Utility District No. 55, the boundaries of which are set forth and defined in instrument duly recorded in the Real Property Records of Harris County, Texas . Prior to the issuance of any policy, seller is to furnish a properly executed and acknowledged Notice in compliance with the provisions set forth in Section 50 . 301 and 50 . 302 V.T. C.A. Water Code, which Notice must also be signed and acknowledged by the Purchaser and subsequently thereto same must be filed for record in the Real Property Records of Harris County, Texas . COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent GF No. : 93080789 6 . If the property described in Schedule A is located within the City • of Houston, Ordinance 89-1312 requires that each Buyer and Seller execute a notice listing restrictive covenants at or prior to the closing of any sale . Note to all Buyers, Sellers, Borrowers, Lenders and all parties having a vested interest in the transaction covered by this Commitment . The following constitutes a major change in the procedures and requirements for disbursement of funds by the Title Agent pursuant to this transaction: Effective August 1, 1988 , the State Board of Insurance has adopted Procedural Rule P-27 which will require that "Good Funds" be received and deposited before a Title Agent may disburse from its Trust Fund Account . "Good Funds" is defined as : (1) Cash or Wire Transfers : (2) Certified funds, including certified checks and cashier' s checks; (3) Uncertified funds in amounts less than $1500 . 00 , including checks, traveler' s checks, money orders and negotiable orders of withdrawal; provided multiple items shall not be used to avoid the $1500 . 00 limitation; and (4) Uncertified funds in amounts of $1500 . 00 or more, drafts, and any other item when collected by the Financial Institution. COUNTERSIGNED: HOUSTON TITLE COMPANY By Authorized Agent LAWYERS TITLE INSURANCE CORPORATION National Headquarters -- Richmond, Virginia SCHEDULE D Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates, and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made : 1 . The following individuals are directors and/or officers, as indicate of Lawyers Title Insurance Corporation, a wholly owned subsidiary of Universal Corporation. President and Chief Directors Directors Operating Officer Janet A. Alpert Frederick H. Hemphill, Jr. Janet A. Alpert Kenneth Astheimer Russell W. Jordan, III Secretary James L. Boren, Jr. Charles W. Keith John M. Carter G. William Evans Eugene F. Lanuzza Senior Vice President, Charles H. Foster, Jr. Treasurer and Chief William H. Goodwyn, Jr. Financial Officer G. William Evans 2 . The following disclosures are made by the Title Insurance Agent issuing this commitment : President : David B. Housefield 3 . You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates . Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement . You are further advised that the estimated title premium* is : Owners Policy $ Mortgagee Policy $ Endorsement Charges $ Binder Charge $ Total $ Of this total amount : 19% will be paid to the policy issuing Title Insurance Company; 81% will be retained by the issuing Title Insurance Agent ; and the remainder of the estimated premium will be paid to other parties as follows : Amount (or %) To Whom For Services The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the State Board of Insurance . EXHIBIT "A" GF. NO. 93080789 Being 0 . 071 of one acre (3 , 079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12 , Harris County, Texas, and being out of a 17 . 8830 acre tract of land conveyed from Harris County Municipal Utility District No. 55 , to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F-520478 of the Official Public Records of Real Property of Harris County, Texas, said 0 . 071 of one acre parcel being more particularly described as follows : COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2 . 672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14 , 1977 and recorded under File No. F-336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of a 137 . 3944 acre tract conveyed to Crestfield Realty, Inc . , from Boundbrook Enterprises, Inc . , by deed dated October 5, 1983 and recorded under File No. J-171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows : North 03 degrees 00 minutes 50 seconds West, along the East line of said 2 . 672 acre tract and an interior West line of said 137 . 3944 acre tract , a distance of 346 . 25 feet to the existing South right of way line of F.M. 528 (100 feet wide) ; South 81 degrees 12 minutes 48 seconds West, along the existing South right of way line of F.M. 528 (100 feet wide) , a distance of 357 . 42 feet to a five-eighths inch iron rod with TXDOT aluminum cap set on the proposed South right of way line of F.M. 526 at the Northwest corner of said 2 . 672 acre tract and the Northeast corner of said 17 . 8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3 , 223 , 408 . 33 and Y = 634 , 471 . 28 from which a found five-eighths inch iron rod bears North 05 degrees 36 minutes 35 seconds East , 0 . 29 East, (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0 . 999870) ; THENCE South 68 degrees 01 minutes 33 seconds West, along the proposed South right of way line of F.M. 528, a distance of 168 . 50 feet to a five-eighths inch iron rod with TXDOT aluminum ca p set on the West line of said 17 . 8830 acre tract and the East line of a 319 . 5538 acre tract conveyed to H. H. Investors, Inc . , from Bay Area Land Company, Ltd. , by deed dated February 17, 1986 and recorded under File No . K-415221 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 03 degrees 00 minutes 52 seconds West, alaong the West line of said 17 . 8830 acre tract and the East line of said 319 . 5538 acre tract, a distance of 38 . 64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. (100 feet wide) ; THENCE North 1 degrees 12 minutes 48 seconds East, along the existing South right of way line of F.M. 528 (100 feet wide) , a distance of 160 . 17 feet to the POINT OF BEGINNING and containing 0 . 071 of one acre (3 , 079 square feet) of land, more or less . EXHIBIT "A" GF. NO. 93080789 Being 0 . 071 of one acre (3 , 079 square feet) of land, more or less, located in the Thomas Choate Survey, Abstract No. 12 , Harris County, Texas, and being out of a 17 . 8830 acre tract of laud conveyed from Harris County Municipal Utility District No. 55, to the Harris County Flood Control District, by deed dated March 17, 1978 and recorded under File No. F-520478 of the Official Public Records of Real Property of Harris County, Texas, said 0 . 071 of one acre parcel being more particularly described as follows : COMMENCING at a three-fourths inch iron rod found at the Southeast corner of a 2 . 672 acre tract conveyed to the Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14 , 1977 and recorded under File No. F-336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of a 137 . 3944 acre tract conveyed to Crestfield Realty, Inc . , from Boundbrook Enterprises, Inc . , by deed dated October 5, 1983 and recorded under File No. J-171863 by the Official Public Records of Real Property of Harris County, Texas; thence as follows : North 03 degrees 00 minutes 50 seconds West, along the East line of said 2 . 672 acre tract and an interior West line of said 137 . 3944 acre tract, a distance of 346 . 25 feet to the existing South right of way line of F.M. 528 (100 feet wide) ; South 81 degrees 12 minutes 48 seconds West, along the existing South right of way line of F.M. 528 (100 feet wide) , a distance of 357 .42 feet to a five-eighths inch iron rod with TXDOT aluminum cap set on the proposed South right of way line of F.M. 526 at the Northwest corner of said 2 . 672 acre tract and the Northeast corner of said 17 . 8830 acre tract for the POINT OF BEGINNING of the herein described parcel and having surface coordinates of X = 3 , 223 , 408 . 33 and Y = 634 , 471 . 28 from which a found five-eighths inch iron rod bears North 05 degrees 36 minutes 35 seconds East, 0 . 29 East, (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0 . 999870) ; THENCE South 68 degrees 01 minutes 33 seconds West, along the proposed South right of way line of F.M. 528, a distance of 168 . 50 feet to a five-eighths inch iron rod with TXDOT aluminum ca p set on the West line of said 17 . 8830 acre tract and the East line of a 319 . 5538 acre tract conveyed to H. H. Investors, Inc . , from Bay Area Land Company, Ltd. , by deed dated February 17, 1986 and recorded under File No. K-415221 of the Official Public Records of Real Property of Harris County, Texas; THENCE North 03 degrees 00 minutes 52 seconds West, alaong the West line of said 17 . 8830 acre tract and the East line of said 319 . 5538 acre tract, a distance of 38 . 64 feet to a found one-half inch iron rod on the existing South right of way line of F.M. (100 feet wide) ; THENCE North 1 degrees 12 minutes 48 seconds East, along the existing • South right of way line of F.M. 528 (100 feet wide) , a distance of 160 . 17 feet to the POINT OF BEGINNING and containing 0 . 071 of one acre ' " (3 , 079 square feet) of land, more or less . - - - _- ptlitc -eA._ 0 41 iii! f 084GE2 SPECIAL 1tiFA.x.`tT'F CEzz 1.074iF15i THE STATE OF TEXAS § COUNTY OF HARRIS S That HARRIS COUNT' :L,112 CCINT2Ct. Z:STRZZT,, % IAi•.S Politic and Corporate (herein called 'QtaT r...2,`: tDi ATL RT consideration of the sum of Ten and NL•!'LQI2 Zallars '(41D.Z2.) cash and other good and valuable cea.t£derratian mbiltl iil .2 it by BAY AREA LAND COMPANY. LT).. a texas _ rr Intl Y: ilt.h (herein called 'Grantee') whose naitirzq ItStresS is T'ive Oak Park, Suite 2150, Houston. Texas TZQZ, the 1.-ecti31: 2.t which is hereby acknowledged and ccrifessed a,nd :fir the Tkythicht f% of which no right of rescission cc lien.. ezzress 7o ; ,I.te1', n hereby retain'd or shall exist. has CR_L`C ZZ, £ U ArP. :JX`V3745:Z.. and by these presents does GRANT. SQL a•r(z `;,zr),'t'rT e,n:a the following described prcperty (the i t t ?'rarra2e" , situated in Harris County, Texas. rein.' more ;cl:_y 8r1.::i 4,4 set forth on Exhibit A attac:.ed `ert'. am! It.e -c ;r:riarP ;2, and incorporated herein for all purposes. This conveyance is expressly :rt . t validly existing restrictions, crvenj::ts., �.n�:::rlr•x, rights-of-e.ay, easements, :mineral rese:evat:ars nn reservations, of record, if an:. a„e:Ct,::k the F,ur.:,rot Property. Grantor reserves and retains to .ta•el;., _:F .f:u;;r*-Pr_f and assigns, a perpetual easement and cio:nt- -wxy :al :t:a,:'rr•t,t and flood control as a part cf Harris C•cu.aty r:rcd A-114-02-00, such easement and right-of-uia`- rae:ng It. urz)r,r., through and across the Subject r"r t:ty fzr the and maintenance of a dit-h or u.ate:•.+ay ._: f:alr.ar.o. . .:•�' control and other purposes. _.r:n:, the Ec:, r: Grantee does hereby expressly ;:a,_ _:t: .:s. n nn,'ot::e.+ ;.•r easement across orc perty cwnrd :y Crate ;-r: .,. a: r, ; It : ,.f Post-Itr"brand fax transmittal m Fmo 7671 _ a4 CO. 1- • g Dept. . 03TRSq,� . Subject Property, in order to bring on and operate all necessary machinery and equipment to efficiently proseouta t`rt work. Grantee's estate in the Subject Property herein Conrattl is made expressly subject to the easement and right-of-\.ay herein retained by Grantor, and Grantee's use and enjorment et the Subject Property shall be limited to and shall not interfere with Grantor's use of the easement and right-of-val` for the purposes the same is reserved and retained herein. For the same consideration herein stated and wit'hou: limiting the easement and right-of-way herein reserved and retained, Grantor further does hereby expressly grant unto Grantee, its successors and assigns, the right to cross tea Subject Property with any and all roads, lines, mains, brid;,ts and other facilities and structures for all public cr private transportation and/or utility purposes, or to grant to ethers i these same rights; provided, however, that the plans for su-r, items shall be submitted to and approved by Granter prior te start of construction of such items, so that Granter ray ^e certain that such items create no impediment or o:struotio_n ix the waterway. TO HAVE AND TO HOLD the Subject Property. to;ether with all and singular the rights and appurt. nances t'.ere_nte ;i anywise belonging, unto Grantee, its successors and essi. ns, forever; and Grantor does hereby bind itself, its successors and legal representatives to warrant and forever defend, all and singular, the Subject Property unto Grantee, its su:cessera and assigns, against every person whomsoever lawfully claimia; or to claim the same or any part thereof, by. throu;h er under Grantor, but not otherwise, subject, however, to the tatters r set forth herein. EXECUTED this day of Tll\r.<l1.. ;ccr- HARRIS COUNTY FLOOD C.'X;CJ:, LISTRICT -e4BY f Name oN L112;i,y__ Ti t le Cis:'N;Y .1:': •F• _7- 7r, .I., • • -:6:— • THE STATE OF TEXAS = .:..,,1? 7n COUNTY OF HARP,IS = a BEFOP.E iE,IGSthe County Jul d authority. oa tl.1r d.., 2„ appeared JON to be Judge of Harris _ r�vm:::. the person and officer whose name ubscr7. .etes, X.w t'o Cc a.. ns • Instrument and acknowledged to ■e that the liaise aubacrl he t. th,e hj ,1. • COUNTY FLOOD CONTROL DI£TRI T ze was the rr: we the :�Aiitr:.;F of the said HAARIS COUNTY end that he exccated the asp am x�. consideration therein expressed, and D hIn the DISTRICT for the R'+cu.c�t trot capacity • thtre,s atatsl, -GIVEN UNDER H? HAND AND SEAL OF OFFICE t}.la ter '' f' N* ofi n� /o✓ �1 • Ga .. P 4- -4 .1 ,``���tt11t:1!cq��,' F ar7 Public in ay.!. ��� .. { ,c f,r,- the State of T E S d g Fr ; ` T7De.. o: rlrted zase a )R. ..-1 • ,kir+r11t11r�'" • ? 4 • 1. v. li 11, r.• i. • t• ems. I. 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'!G4'tt'l et•e i'* 4'3711 {21•0• •t1.3 *1 Su3s7 3uTod PS** 'Orti/OtIO24 10 431133730 r•tl Cat 3se.sa T*et za**p *t 1.Jtq 001 20 wu T l t/S J-ta rtn us 3 u T od I 03 11444 t irt7:1 `I .6, .13 %St f 'KT t Z.A s,■ 00°1000 p 1** •V'S boo T, ZJ14fi t t*exa2 'ZStwoo •t2iTS •6t5 3o•27•gy •d•wrn5 fi01•*11t3N vl*5*t test; rev T;t aa*raw5y 'L aar..5 IIeog3 *1W L.L trg7 3o weir ix,ewoo wc1 *r Tat* Oivre, vies t0T1 tat 'Tt"J AP,m3+t5 wlr35 to snit e12oa •'R3 u1 9tet*d %mined Ile* '04s162 '.1110Aco •szisg 'wesatrx dr1: .T3tmo3 rs3.ra t ern 7ra `pC3 44*4 *w"7b *t p*q.111o41J twt•T•Tpger • '11a0 00133405 •>11rJ 4.34*1t3 L rt lee.te4 1*K1t4» wtt3 Si pal *cc1 War b/5 3►• • 3• ORT01Q10100 '*t'•aipnl ** realsx•p'1Tstjn3T3rvd esoei bul•g acres .t1 Tee, `ttw't� •Az •t3rtI 'CV -9C-1ft 'oft .poi =TT[ 'ILuts-13 ® •txt t -M z4 Sett 3o •01170 ern t11 p ptou.r D••P 464 R 'want ue 2tadoTc+W 3e•rg23oB-u53•ny 07 pctSevoo ,wo aril?.. •e wett*R Tem3 are ba•rt •43• Lifter 121•2213 loin 3o 3n0 be100 row treru*S 'd'Stn+e5 *Zssrgt 'XVS 5oeslee' '•C•wle, 3oveyiu t: Q*J*S •VS put rrt istr.r*¢'p `440AAAIS *Dump •*edit W'3 01 p0*T'30 ••r• 9t9t'tt Of1I29 V-13 21 Y 3IHISY3 • • • ij Exhibit A (Continued) TMCT e F DEINO 17.8830 acres of land in the Thomas Choate Survey. •.2*tter2t he, r 12, the Sarah McKissick Survey. Abstract No. S49 ant.th* Jo+a 21ckioma Survey. Abstract No. 15, Harris County. Texas and Doing amt et that gk- tsin 289.757 acre tract of land known as 'Tract Oaa' conveys* to dwtlx- • Northwest Development Company as reflected by dead record** as the office of Real Property. County Clotk'a Pile No. D-S47*71. Palm Cuba No. 141-I6-2543, Harria County, Texas. said 17.4820 acres ba.aag made particularly described by metes and bounds as rollowes • COMMLNCINO at a 5/8 inch iron rod marking the eaut:weat 0Qta.0r tit alettlape f: Park Section One, a plat recorded in Volume 214. rage 114 et tree Mutt* County Map Keeozds, said point also lying in the batik r10at-4t-►ey tame of P.M. 518. based on a width of 100 feet. and is a eoutbwmateelt lose , of the said Thomas Chcete Survey add a nortbeaatarly line et tea *ail 1Sarah McKissick Survey: ' 4 THENCE S 48' 24' 49' E. 129.96 feet along the Commas lane et thm sail Thong; Choate Survey and the said Sarah McKissick Survey to a moist lying in the south right-of-way line of the said P.M- 1214 : THENCE N 81' 12' 47' E, 3465.22 feet along the south right-'at• e ' lane r of the said P.M. 528 to the northeast corner and POENT 0r 8.TT'Z?ri1Y3 st r the herein dascribed tract, said point lying in the oast lama et th.e Bald Thomas Choate'Survey: T1¢NCE S 07' CO' 52' E, 613.96 feet along the east line at tam said ,r Thomas Choate Survey to an angle point.: h.:' THENCE S 41' 02' 35' w, 1537.85 feet to an angle point: C. THENCE S 81. 07' 20' W. 2168.61 feet to an an,:e paint: , , THENCE S 38. 20' 40' N. 2030.49 feet to tha poet so.therly :groat of • the herein described tract, said point lying to the ado:'a 414,i4 ut Cleat : Crook as described with said Tra:t One: • 1.' Tl2NCL N 30• 30' 00' N. 42.89 feet along tha watat'a ad9a at 0.4 sa\l Clear Creek to a point for corner, said point markin7 the ft.l.et suuchialt' I. corner of a Harris County Flood Control Easement ['faired to as 121Val A-114-02-00 as described by Ila:rim County Film Coda so. 121-11-441Q. based on a width of 150 feet: — — THENCE N 38' 20' 40' 7.,..2074.21 felt alptg en-I'aatorly lint.t tPe eaal i 150 foot wits Flood Control Easement to a point: THENCE N 30' 29' 21' Z. 116.98 fast continuing along an oastacll 1.1 ,41C. of rho arid Flood Control Easewent to a point ►a_kin17 tha e.at .eataclt north corner of the herein dasctibed tract: THENCE N Al' 07. 20' L. 2219.79 fest to an angle point: • T"..ESCl N 41. 02. 75'•E, 1414.75 feat to an angle point: T'a( 'CE N 03' 00' 52' W. 533.US feet to the most nort-herly .at oein•at et the herein described tract, said point also lying Le the ► u_1 ri{hl-.tt- wey line•of the taid F.M. 528: THENCE :y 8:' 12' 47' E. 160.82 fest along the 'ouch ra9ht-at•'re; tram at the said P.M. 528 to the northeast corner and POLY! OF ►T. 0''Iy2 al tlw herein described tract containing 17.8830 acres of land. r A-2 Y: I.. : , ...... i• 4. s: 037-68=0523 ORDER AUTHORIZING THE COUNTY JUDGE TO EXECUTE A SPECIAL WARRANTY DEED OVER AND ACROSS A TRACT OF LAND BELONGING TO THE HARRIS COUNTY FLOOD CONTROL DISTRICT TO BAY AREA LAND COMPANY IN EXCHANGE FOR AN EASEMENT OVER AND ACROSS TRACTS OF LAND CONVEYED TO HARRIS COUNTY FLOOD CONTROL DISTRICT BY BAY AREA LAND COMPANY n 4, On the awday of !-,674\1.02\/ , 1986, at a regular meeting of Commissioners Court of Harris County, Texas, acting as the governing body of Harris County pp Flood Control District, upon motion of Commissioner � �11f-LP.i, , seconded by Commissioner ` J-.I(Jr& , duly put and carried, it is hereby declared and found that: The HARRIS COUNTY FLOOD CONTROL DISTRICT owns fee over and across two tracts of land containing 12.2828 and 17.8830 acres in the SARAH McKISSICK SURVEY, ABSTRACT NO. 549 which were acquired for flood control i purposes and being described in EXHIBIT "A" attached hereto and made a part hereof; and That HARRIS COUNTY FLOOD CONTROL DISTRICT reserves and retains a perpetual easement and right-of-way for construction, maintenance and other purposes, under, through and across the above mentioned 12.2828 and 17.8830 acre tracts; and That BAY AREA LAND COMPANY owns-three tracts of land containing a total of 8.2498 acres In the SARAN HcKISSICK SURVEY, ABSTRACT NO. 549 and the JOHN DICKINSON SURVEY, ABSTRACT NO. 15, which it has offered to convey to HARRIS COUNTY FLOOD CONTROL DISTRICT in exchange for the underlying fee out of the above referenced 12.2828 and 17.8830 acres; and That said 8.2498 acre tract referred to above, and owned by BAY AREA LAND COMPANY is needed by HARRIS COUNTY FLOOD CONTROL DISTRICT for future Improvements and maintenance along with a sufficient number of acres for use as a stormwater detention facility when such acreage is needed; and That the property owned by BAY AREA LAND COMPANY to be conveyed to HARRIS COUNTY FLOOD CONTROL DISTRICT has a fair market value equal to or greater than the value of the property to be conveyed by HARRIS COUNTY MOD CONTROL DISTRICT to BAY AREA LAND COMPANY. Pr"'/n!col To • COMMt3SI;I:It(i.3 COURT VALE. WM ,; 1 " Recoidod Vol..._ __p . Y::t!A 7!! RETtJ j T r-- ilnrrig ett n.y;t_,Z opd Control Dintr2C! \, itr„'S ti^.rth Main.- Houetoi , ToA'ra f. %. t. R. .i e. v. r • NOW, THEREFORE, IT IS ORi.dRED, ACIA=CEDAWE mantra) ar thm ors sitting as the governing body of the &183[S COII1•:T Y:R1101 C0t1';i0'4. RLs:7tyGz in accordance with Article 8280-I20 Sectiem .21%) 7�Y Q g ;ram, ,%ttit,t 5421c-12 V.T.C.S., that 1. This Court, in behalf of tGe RARA3S rL11I11..'"'T $iSltllr CQ)i?1R/1:. DISTRICT accepts the easement ezecute! by b11Y A • �tf.11 BAND CO}IE11ial., conveying and granting the property tbereia besarilm.8 Ca HAeR.tl CtlItIrC• FLOOD CONTROL DISTRICT, said instrument beir4 acme r I h4C4tP Or« ECIH- S.11" "B" and made a part hereof by this refers *; 2. That the County Judge is hereby a•xt),0ri1.,ed :m a,xtcit•t• vsr ?eh►;r of the HARRIS COUNTY FLOOD CONTROL DISTRICT a i',T+rr ss.5 ;(,trrt' iirm Zrvf conveying to the BAY ARE/ LAND COHpAYY. tb,e Trnperzsc ;'hte.e.„-r ,lkticrulu.l:,, copy of said instrueent it being attache d+ bervt0 RP T.5:1.:3:1" � situ 40.1u a part hereof by this reference, cu y S•+'!:r TuS t CCLN'cr 2 m e -cc bW- /..,N„ Win'. . am tiro ..► 'r.14 .. • M.o.rn T `1.h wI •.� _ 1.71 (\� V. I, M. ow.* 7N.P.L. V. CC ?R`Pr"ir"7+1 , r'rk• rl'@9 t.'�^i'� !'kl�;� .�,�Aik>`i.. !`.., ",,(. tit*t1:,f�y'.4'•_r�. Lr iL r'+.+ t. ..rni.rd ks�r� M c