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HomeMy WebLinkAboutCentennial Park - Special Warranty Deed - Wesley West Cattle Co. "I`t r ►vIu� . , � �_ � 9441874 009- 98 - 0903 WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE Ff.T:RFGOING INSTRUMENT. Ha o Title ICom y SPECIAL WARRANTY DEED BY 41 - THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON } WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST ("Grantors"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantors paid by the CITY OF FRIENDSWOOD, TEXAS ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SELL and CONVEY unto Grantee all of the following described real property and all improvements located thereon or to be located thereon in Galveston County, Texas ("Property"), to-wit: 61.3567 acres of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes; The grant and conveyance hereinabove set forth is made for the purpose and on the condition that the Property so conveyed be used as a public park for the benefit of the citizens of the City of Friendswood, Texas, and that it be held and used for such purpose and for no other. It is further provided that Grantee accepts this conveyance subject to the matters described in Exhibit "B" attached hereto and made a part hereof for all purposes, to the extent the same are validly existing and applicable to the Property(the"Permitted Encumbrances"). Reference is hereby made to the fact that a portion of the purchase price for the Property was paid by Grantee's execution and delivery of a promissory note (the "Note") of even date payable to the order of Grantors, which Note is secured by a deed of trust of even date (the "Deed of Trust"), executed by Grantee, covering the Property. It is expressly agreed and stipulated that the vendor's lien and superior title to the Property are hereby retained until the Note is paid in full in accordance with the face, tenor, and effect thereof, whereupon the conveyance hereby made shall become absolute. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging in any way to the Property, unto Grantee, its successors and assigns forever; and Grantors do hereby bind themselves and their heirs, personal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not 009 = 98 `0904 otherwise, subject only to the vendor's lien and superior title hereinabove retained and the Permitted Encumbrances. EXECUTED this 15th day of September, 1994. WESLEY WEST CATTLE COMPANY By: VI/i/l/41fr Stuartt Stedman, President WESLEY WEST DESCENDANTS TRUST By:I�J , _ _a Betty A4}n West Stedman, Trustee By: L /U Stuart West Stedman, Trustee 7/BY: /4fr � W.,HA{odges, `Tr1stee Grantee's Address: City of Friendswood, Texas 109 East Willowick Avenue Friendswood, Texas 77546 2 009= 98L0905 THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by STUART WEST STEDMAN, President of Wesley West Cattle Company, on beh f said company. otailnu»irhx NN% nib. y lljf �i . , .A r Puu ; '4 L x � =• Notary Public in and for h '!/�► •�� - _ the State of Texas • pe o' THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994,)y BETTY ANN WEST STEDMAN, Trustee of Wesley West Descendants Trust, on behalf said trust. 00011I11./17 1., , ,.� Notary Public in and for q ▪'▪y the State of Texas It C� al 3 009 *- 98 = 0906 THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by STUART WEST STEDMAN, Trustee of Wesley West Descendants Trust, on behalf of said trust. Pt.s6;•-.:do / 4-e 76e/ , , c =dvs = Notary Public in and for ` 4 the State of Texas .tXPt;, ��• THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by W.. H. HODGES, Trustee of Wesley West Descendants Trust, on behalf of said trust. 0,0„,1 IfItiy 1.14,' - - ` <'! ................. • L �r? ;t,�: Notary Public in and for %' "-' - the State of Texas �Xor i ft .• iii','+i • • 009- 98 : 0907 EXHIBIT "A" Exhibit to Special Warranty Deed from Wesley West Cattle Company and Wesley West Descendants Trust, Grantors , to the City of Friendswood, Texas , Grantee, covering 61 .3567 acres of land, more - or less , described as follows: TRACT I DESCRIPTION Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas according to map or plat thereof recorded in Book No . 254 Page 54 Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described _by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no. 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North 44' 58 ' 21" East, a distance of 2085. 14 feet from South corner 'of said Falcon Ridge Subdivision and the common corner for the John DickinsonLeague and Sarah McKissick Surveys, and the Mary Fabreau Survey, Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0 . 1 North and 0 . 50 East; _ THENCE North 44' 58 ' 21" East , along the common line of said John Dickinson and Sarah McKissick Surveys a distance of 823. 59 feet to a 3/4 inch iron rod set for corner; THENCE South 63' 33' 18" East , 150. 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49 a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26' 26 ' 42" East , along the common line between said Lots 49 and 50 a distance of 150. 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49 in the Southwest line of a 30 foot wide platted road; THENCE South 63' 33' 18" East , along the Northeast line of said Lot 50 a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 located North 63' 33' 18" West , a dis- tance of 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivi - sion; EXHIBIT "A" Page 1 of 3 009- 98 - 0908 THENCE South 26' 26 ' 42" West , along common line between said Lot 50 and 51 of said Slone Subdivision a distance of 930. 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; THENCE North 63`33 ' 18" West along the common lone of said Lots 46 thru 50 and Lots 66 thru 71 of said Slone Subdivision, a distance of 1279 . 22 feet (called 1279 . 80) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931,858 square feet or 21 . 3925 acres of land . TRACT II DESCRIPTION Of a 20. 2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas according to map or _plat thereof recorded in Book No. 254 Page 54 Map Records of Galveston County, Texas, said 20. 2837 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded In Plat Records Page 18 Map 282 Recording No. 9105756) • BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44' 58 ' 21" East , a distance of 1119. 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Abstract No. 151, and the Mary Fabreau Survey Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0. 10 North and 0. 50 East; THENCE North 44' 58 ' 21" East, along the common line of said of Falcon Ridge Section Three, The Sarah McKissick and John Dickin- son League at 633 . 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge Section Three and continuing In all a total distance of 965. 97 feet (called 965 . 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63' 33 ' 18" East , along the common Lots line of Lots 66 thru 69 and 46 thru 48 a distance of 811 . 22 feet (called 811 . 80 feet )to a 3/4 inch iron rod set for the East of said Lot 69; THENCE South 26° 26 ' 42" West , along the common line between Lot 69 and Lot 70 of said Slone Subdivision a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Exhibit "A" Page 2 of 3 009- 98 - 0909 THENCE North 63' 33 ' 18" West , along the Southwest Lot line of said Lots 66 thru 69 and Northeast right-of-way line of a 30 foot wide right-of-way as platted a distance of 1118 . 16 feet (called 1117 . 70 feet ) to the PLACE OF BEGINNING containing 883, 559 square feet or 20.2837 acres . TRACT III DESCRIPTION Of a 19 . 6805 acre tract of land being all of Lots 70 thru 73 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No . 9 Galveston County, Texas accord- ing to map or plat thereof recorded in Book No . 254 Page 54 Map Records of Galveston County, Texas, said 19. 6805 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70 also being the South corner of Lot 69 of said Slone Subdi - vision and being located North 44' 58 ' 21" East, a distance of 1119. 17 feet and South 63' 33' 18" a distance of 1118. 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No.151, and the Mary Fabreau Survey Abstract No . 69 from which a disturbed 2 inch iron pipe was found 0 . 1 North and 0. 5 East ; THENCE North 26'26' 42" East , along common line between said Lots 69 and 70, a distance of 915 . 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63' 33 ' 18" East , along the common lone of Lots 70 thru 73 and Lots 49 thru 52 a distance of 936 . 00 feet to a 3/4 Inch iron rod set for the East corner of said Lot 73 and being located North 63' 33 ' 18" West , a distance of 452. 86 feet (called 453 . 00 feet ) from a 5/8 inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26' 26 ' 42" West , along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 73; THENCE North 63' 33 ' 18" West , along the Southwest line ofsaed id Lots 70 thru 73 and the Northeast line of a 30 foot wide pla tt road, a distance of 936 . 00 feet to the PLACE OF BEGINNING and containing within these calls 857, 282 square feet or 19 . 6805 acres of land . Exhibit "A" Page 3 of 3 • • 009 = 98 ' C91C • EXHIBIT "B" . PERMITTED ENCUMBRANCES 1. reordedd easement Volume 323,right Page 291,way in to the Oil OfficeofPipeline County, recorded in Clerk of Galveston County, Texas. 2. A 1/16th royalty interest in and to all oil, gas, and other minerals on, in, under or that may be produced from subject property is excepted herefroM as the same is set forth in instrument recorded in Volume 1241, Page 394, in the Office of the County Clerk of Galveston County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. ( as to lot 67 only ,) interest in and to all oil, gas, and other 3. A 1/16th royalty minerals on, in, under or t1at may be produced from subject _ property is excepted herefrom as the same is set -forth in instrument recorded in Volume 1251, Page 586, in the Office of the Countynot checked Galveston date ofs. Title to aforesaid instrument. d Interest ( as to lots 71 and 72 ) • 4. All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instruments recorded under County Clerk's File No. 's 9305532, and 9305533, in the Official Public Records of Real Property of Galveston County, Texas. . 5. Mineral Lease dated March 5, 1938, executed by J. D. Whipppss, et al, Lessor to J. H. Ross Lessee, recorded in Volume 576, age 21, in the Office of the County Clerk of Galveston County, Texas. Title to said lease not checked subsequent to execution date. ( as to lot 67 only ) 6. Lease dated October 28, 1957Leroy Jecuted GlogerbyLesseeetrecorded Wesley in West, et al, Lessor andy Volume 1230, Page 7, in the Office of the County Clerk of Galveston County, Texas . ( as to lots 66, 68, 69, and 70 ) 7. Lease dated January 8, 1959, executed by and between Wesley West, et al, Lessor and Leroy J. Gloger, Lessee, recorded in Volume 1302, Page 214, in the Ofifce of the County Clerk of Galveston County, Texas _ ( as to lots 67, 71, and 72 ) 009 - 98 - J911 8 . Mineral Lease dated April 8, 1943 , executed by R.A. Ricci, Lessor to J.H. Ross, Lessee, recorded in Volume 786 , Page 684 ,- in the Office of the County Clerk of Galveston County, Texas . Title to said lease not checked subsequent to execution date . ( As to lot 73 only ) STATE OF tEXAS tOuNfiY t5 OALVEg61V I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on SEP 2 1 1999 '1 i k- ... 0_A * ���toepj.9�SE lCOUNTY CLERK '�" GALVESTON CO., TEXAS MP N� 'CNt• $?0)SOON �X EXHIBIT "B" PAGE 2 OF 2 (-1y s 9441875 2402 Prepared by the State Bar of Texas for use by lawyers only, Revised 10/85; 12/87, 1917by the SuuBuofTsui 009- 98 - 0912 DEED OF TRUST T/ERUE HEREBYfi�(`iCO Cf{REERTIGFY COTHISPY TO BE A 7� FOREGOII4O I7' STiR` MENr. OF THE Date: Sept . 15 f ,1994 Harbour itlE� (;�;��., Grantor: CITY OF FRIENDSWOOD, TEXAS BY Grantor's Mailing Address(including county); 109 East Wi 11 owi ck Friendswood, Texas 77546. • Attention: City Manager Trustee: Randolph C. Marceau Trustee's Mailing Address(Including county): c/o Wesley West Interests, Inc . 5 post Oak 'Park,' Suite '1000 Houston, Harris County, Texas 77027 Beneficiary: WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST Beneficiary's Mailing Address(Including county): c/o Wes ley West Interests , Inc . 5 Post Oak Park,' Suite .'1000 Houston, Harris County, Texas 77027 Note(s) • Date: Sept. 15 , .1994 Amount: FIVE HUNDRED NINETY-EIGHT THOUSAND FIVE HUNDRED SIXTY-SEVEN DOLLARS ($598 , 567 . 00) Maker: CITY OF FRIENDSWOOD, TEXAS Payee: WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST Final Maturity Date: September 15 , 199 7 Terms of Payment(optional): As therein 'provided Property(including any improvements): Tract I , Tract I•I and Tract III totaling 61 . 3567 acres of land being more particularly described by metes and bounds on ExhibitttA"attached hereto and made a part hereof for all purposes . Prior Lien(s) (including recording information): None UU9- 98 -0913 • Other Exceptions to Conveyance and Warranty: The matters''set forth on Exhibit t`B" attached hereto and incorporated herein by thisreference. (the "Permitted Encumbrances") . • For value received and to secure payment of the note,Grantor conveys the property to Trustee In trust.Grantor warrants and agrees to defend the title to the property.If Grantor performs all the covenants and pays the note according to its terms,this deed of trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. • Grantor's Obligations Grantor agrees to: 1. keep the property in good repair and condition; 2. pay all taxes and assessments on the property when due; 3, preserve the lien's priority as it is established in this deed'of trust; a. covers all improvements for their full insurable value as determined when the policy is issued and re , nless Beneficiary approves a smaller amount in writing; b. contains an 80%coinsurance clause; c. provides fire and extended coverage,including windstorm cov d. protects Beneficiary with a standard mortgage clau e, provides flood insurance at any time erty is in a flood hazard area; and f. contains such other cover eneficiary may reasonably require; 5. comply at all tI e requirements of the 80% coinsurance clause; 6, del nsurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; 8. if this Is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee, 2. If the proceeds of the note are used to pay any debt secured by prior liens,Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust, for ore, th n f3.ve 5. If Grantor defaults on the note or fails to perform any o rantor s obligations or t e a' s occurs on a prior lien note or other instrument, and the default continue after Beneficiary gives Granto .notice of the default aad^tb whin), it rifler hn rrftreri r>.ay h8 re1„irad by 11 er by„I-lac;agroirroat,then Beneficiary may. [ fig_ a, declare the unpaid principal balance and earned interest on the note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and c, purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. Trustee's Duties If requested by Beneficiary to foreclose this lien,Trustee shall: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; 2. .sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty;and 3. from the proceeds of the sale,pay,in this order: a. expenses of foreclosure,including a commission to Trustee of 5% of the bid; b. to Beneficiary,the full amount of principal,interest,attorney's fees,and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor;and d. to Grantor,any balance. 00979870914 General Provisions 1. If any of the property is sold under this deed of trust, Grantor shall immediately surrender possession to the purchaser.If Grantor fails to do so,Grantor shall become a tenant at sufferance.of the purchaser,subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be true. 3. Proceeding under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4, This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. 5. If any portion of the note cannot be lawfully secured by this deed of trust,payments shall be applied first to discharge that portion. 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the property, from private sale in lieu of condemnation, and from damages caused by public works or construction on or near the property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the note. Beneficiary'shall not be liable for failure to collect or to exercise diligence in collecting any such sums. 7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property, Leases are not assigned.Grantor warrants the validity and enforceability of the assignment.Grantor may as Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the note or this deed of trust. Grantor will apply all rent and other income and receipts to payment of the note and performance of this deed of trust,but if the rent and other income and receipts exceed the amount due under the note and deed of trust,Grantor may retain the excess. If Grantor defaults in payment of the note or performance of this deed of trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts.Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed of trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. that may be contacted for, taken, reserved, charged, or received under law; any interest in aximum amount shall be credited on the principal of the debtor, if that has been ai y acceleration or required or permitted prepayment, any such excess shall be can y as of the acceleration or prepayment or,if already paid, credited on the princi al o e principal of the debt has been paid,refunded.This provision overrides other provisions in 9. When the context requires,singular nouns and pronouns include the plural. 10. The term note includes all sums secured by this deed of trust. 11. This deed of trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. 12. If Grantor and Maker are not the same person,the term Grantor shall include Maker. 13. Grantor represents that this deed of trust and the note are given for the following purposes: To perehas t e the R 14 . Reference 'is hereby. made :to :the 'attached Addendum, which is hereby incorporated herein and made 'a part href for all purposes by this reference . 009- 98-.0915 • Addendum to that certain Deed of Trust("Deed of Trust") securing payment of that certain $598,567.00 Promissory Note (the"Note"), from the CITY OF FRIENDSWOOD, TEXAS in favor of WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST(this "Addendum") PREAMBLE This Addendum augments and supplements the Deed of Trust, and the provisions of this Addendum shall be deemed to be in addition to (and not in replacement of) the provisions of the Deed of Trust. The specifics of any provision of this Addendum shall not limit the generality of similar provisions in the Deed of Trust; provided, however, in the event of a direct conflict between the provisions of this Addendum and the provisions of the Deed of Trust, the provisions of this Addendum and the provisions of the Deed of Trust, the provisions of this Addendum shall control. The provisions of this Addendum shall be construed as a continuation of the Deed of Trust. CONTINUATION OF DEED OF TRUST 15. Grantor shall not suffer or permit any lien to attach to or be enforced against the Property without the prior written consent of Beneficiary, and if any such lien is created against the Property without the prior written consent of Beneficiary, Grantor shall promptly (and in any event within 30 days) cause such lien to be released and shall indemnify and hold Beneficiary harmless from and against any and all claims and costs attributable thereto. 16. The debt evidenced by the Note is in part payment of the Purchase Price of the Property and is secured both by this Deed of Trust and by a vendor's lien on the Property which is expressly retained in a Deed to Grantor of even date herewith. This Deed of Trust does not waive such vendor's lien, and the two liens and the rights created by this instrument shall be cumulative. Beneficiary may elect to foreclose under either of such liens without waiving the other or may foreclose under both. Such Deed is incorporated into this Deed of Trust for all pertinent purposes. 17. If Grantor sells, assigns, mortgages, grants easements or otherwise transfers or encumbers its interest in the Property without first obtaining the prior written consent of Beneficiary, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. Grantor's failure to comply with this Paragraph 17 prior to consummating any such sale, assignment, mortgage, grant, transfer or encumbrance shall constitute a default under the Note and breach of this Deed of Trust, entitling Trustee and Beneficiary to avail themselves of all rights, powers, remedies and recourses allowed or permitted therein or herein. 18. Grantor shall add Beneficiary and Trustee as additional insureds on its policy of general and public liability insurance, providing coverage for death, personal injury, property damage and contractual liability. Grantor shall carry such insurance at all times while this Deed of Trust is in effect. Grantor shall procure and deliver to Beneficiary renewals of such policy at lease ten(10) days before the expiration thereof. Such insurance policy shall be endorsed so that it may not be canceled without thirty (30) days prior written notice being given to Beneficiary and so that the insurer waives all rights of recovery and subrogation against Beneficiary. 19. (a) Grantor will keep the Property in good condition and repair, will not commit or permit any waste, impairment, deterioration, or contamination of the property and except as provided in Paragraph 21 below, will not subject the Property to any detriment intended primarily to benefit any contiguous real estate. Without limiting the generality of the foregoing, Grantor shall not dump (or permit others to dump) trash, debris or soil on the Property and shall not strip or remove the existing soil from the Property. Furthermore, Grantor shall not permit to exist any condition that might cause a discharge of any Hazardous Substances (hereinafter defined) at, upon, under or within the Property or any contiguous real estate. Neither Grantor nor any other person or entity acting through, under or on behalf of Grantor shall undertake • 009- 98 - 0916 operations at or near the Property that could result in (I) the imposition of liability on any subsequent or former owner of the Property under the Hazardous Waste Laws (hereinafter defined), or (ii) the creation of any lien on the Property under the Hazardous Waste Laws. Grantor shall comply in all respect with the requirements of the Hazardous Waste Laws. Nothing herein shall be construed to limit Grantor's right to conduct reasonable site preparations in conjunction with Grantor's use of the Property. (b) "Hazardous Waste Laws" shall mean (I) the Resources Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendment of 1984, 42 U.S.C., Section 6901, et seq; (ii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C., Section 9610, et seq; (iii) the Clean Water Act, 33 U.S.C., Section 1251, et seq; (iv) the Toxic Substances and Control Act, 15 U.S.C., Section 2601, et seq; (v) the Clean Air Act, 42 U.S.C., Section 7401, et seq; (vi) any and all applicable environmental laws of the State of Texas; and (vii) all regulations promulgated under any of the foregoing. (c) "Hazardous Substances" shall mean any hazardous waste, hazardous substances or toxic substances within the meaning of any Hazardous Waste Laws. (d) To the extent permitted by law Grantor shall defend, indemnify and hold harmless Beneficiary, any holder or owner of any portion of the Note, their respective affiliates, and their respective agents (the "Indemnified Parties" , from and against all claims, damages, losses, liabilities, and expenses (including, without limitation, reasonable attorney's fees and expenses) arising out of or relating to, directly or indirectly, any violation or alleged violation of the Hazardous Waste Laws, now existing or hereafter arising, except for violations of the Hazardous Waste Laws caused solely by the Indemnified Parties. This indemnify provision is intended to indemnify each Indemnified Party from its own negligence or fault when the Indemnified party is jointly, comparatively, or concurrently negligent with Grantor or any other party (other than solely with another Indemnified Party), unless such claim arises from the sole or gross negligence of the Indemnified Parties. This indemnity provision shall survive the repayment in full of the indebtedness, and the performance by Grantor of all of its obligations under the Note and this Deed of Trust. (e) Grantor shall not, except in the case of extensive area flooding, permit any standing water to pool or accumulate on the Property that is subject to this Agreement. 20. Grantor shall not, without the prior written consent of Beneficiary, file, record or amend any plat covering the Property and shall not, without the prior written consent of Beneficiary, initiate, join in or consent to any private restrictive covenant or other public or private restriction as to the use of the Property. 21. Provided Grantor is not in default under the Note or this Deed of Trust, Grantor shall have the right at any time to obtain releases from the lien of this Deed of Trust, the vendor's lien reserved in the Deed and any other lien securing the Note for the three tracts of land out of the Property, more particularly described on Exhibit "C" attached hereto and incorporated herein by this reference as Tracts I, II and III, upon Grantor's written request and payment to Beneficiary of the partial release amounts of $213,925.00 plus accrued and unpaid interest for Tract I, $202,837.00 plus accrued and unpaid interest for Tract II and $181,805.00 plus accrued and unpaid interest for Tract III (the "Partial Release Amounts"). The Partial Release Amounts shall be credited against the outstanding principal balance owed on the Note. In order for Grantor to obtain a release of the liens affecting Tract II, Grantor must have previously obtained the release of the liens affecting Tract I. Further, in order for Grantor to obtain a release of liens affecting Tract III, Grantor must have previously obtained the release of the liens affecting Tract II. Grantor shall bear all reasonable costs associated with such partial release. 22. The Note and this Deed of Trust are intended to be performed in accordance with, and only to the extent permitted by, all applicable legal requirements. If any provision of the Note or this Deed of Trust or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of the instrument in which such provision is contained, nor the application of such provision to other persons or 2 009 -- 90—'0917 circumstances, nor the other instrument referred to hereinabove, shall be affected thereby, but rather shall be enforceable to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the indebtedness (or applicable United States federal law to the extent that it permits Beneficiary to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note and this Deed of Trust, or contracted for, charged, taken, reserved or received with respect thereto, or if acceleration of the maturity of the indebtedness or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary be credited on the principal balance of the Note (or, if the Note has been or would thereby be paid in full, refunded to Grantor), and the provisions of the Note immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. the right to accelerate maturity of indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Beneficiary for the use, forbearance or detention of the indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the indebtedness until payment in full so that the rate or amount of interest on account of the indebtedness does not exceed the applicable usury ceiling. 23. Reference is hereby made to the provisions of the Note relating to limitations on Grantor's personal liability, which provisions are incorporated herein by this reference. WITNESS THE EXECUTION of this Deed of Trust (a part of which is this Addendum), effective as of the date first set forth above. CITY OF FRIENDSWOOD, TEXAS By: Z i/ 1, j. t a,,J t Evelyn B. Newman, ayor THE STATE OF TEXAS ) Jain COUNTY OF ) This instrument was acknowledged before me on September 15, 1994 by EVELYN B. NEWMAN, Mayor of the CITY OF FRIENDSWOOD, TEXAS, on behalf of said city. ts,2. j iije,�ar r,� CG. HEF NER j ( ', /r_��°� P1�iary PeD�ic tat of Texas y ciP• . _1,<:i !Ay Com s. EA" 5°�0�`o Notary is in and for the State of Texas • cityaddn.doc.emcs 3 009 - 98 - 0918 EXHIBIT "A" Exhibit to Special Warranty Deed from Wesley West Cattle Company and Wesley West Descendants Trust, Grantors , to the City of Friendswood, Texas , Grantee, covering 61 . 3567 acres of land, more or less , described as follows : TRACT I DESCRIPTION Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No . 9 Galveston County, Texas according to map or plat thereof recorded in Book No . 254 Page54 Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no. 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North 44' 58 ' 21" East , a distance of 2085 . 14 feet from South corner 'of said Falcon Ridge Subdivision and the common corner for the John DickinsonLeague and Sarah McKissick Surveys , and the Mary Fabreau Survey, Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0 . 1 North and 0 . 50 East ; THENCE North 44' 58 ' 21" East , along the common line of said John Dickinson and Sarah McKissick Surveys a distance of 823 . 59 feet to a 3/4 inch iron rod set for corner ; THENCE South 63' 33 ' 18" East , 150. 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49 a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26' 26 ' 42" East , along the common line between said Lots 49 and 50 a distance of 150. 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49 in the Southwest line of a 30 foot wide platted road; THENCE South 63' 33 ' 18" East , along the Northeast line of said Lot 50 a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 located North 63' 33 ' 18" West , a dis- tance of 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivi - sion; EXHIBIT "A" Page 1 of 3 • 009- 98 - 0919 THENCE South 26' 26 ' 42" West , along common line between said Lot 50 and 51 of said Slone Subdivision a distance of 930. 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; THENCE North 63' 33 ' 18" West along the common lone of said Lots 46 thru 50 and Lott. 66 thru 71 of said Slone Subdivision, a distance of 1279 . 22 feet (called 1279 . 80 ) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931, 858 square feet or 21 . 3925 acres of land . TRACT II DESCRIPTION Of a 20. 2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas according to map or _plat thereof recorded in Book No. 254 Page 54 Map Records of Galveston County, Texas, said 20. 2837 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No. 9105756) • BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44' 58 ' 21" East , a distance of 1119. 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Abstract No . 151, and the Mary Fabreau Survey Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0. 10 North and 0 . 50 East ; • THENCE North 44' 58 ' 21" East , along the common line of said of Falcon Ridge Section Three,. The Sarah McKissick and John Dickin- son League at 633 . 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge Section Three and continuing in all a total distance of 965. 97 feet (called 965. 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63' 33 ' 18" East , along the common Lots line of Lots 66 thru 69 and 46 thru 48 a distance of 811 . 22 feet (called 811 . 80 feet )to a 3/4 inch iron rod set for the East of said Lot 69; THENCE South 26' 26 ' 42" West , along the common line between Lot 69 and Lot 70 of said Slone Subdivision a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Exhibit "A" page 2 of 3 , ' 1 009- 98 - 0920 THENCE North 63' 33 ' 18" West , along the Southwest Lot line of said Lots 66 thru 69 and Northeast right-of-way line of a 30 foot wide right-of-way as platted a distance of 1118 . 16 feet (called 1117 . 70 feet ) to the PLACE OF BEGINNING containing 883, 559 square feet or 20. 2837 acres . TRACT III DESCRIPTION Of a 19 . 6805 acre tract of land being all of Lots 70 thru 73 of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League, Abstract No . 9 Galveston County, Texas accord- ing to map or plat thereof recorded in Book No . 254 Page '54 Map Records of Galveston County, Texas, .said 19 . 6805 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70 also being the South corner of Lot 69 of said Slone Subdi - vision and being located North 44' 58 ' 21" East , a distance of 1119 . 17 feet and South 63' 33 ' 18" a distance of 1118 . 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No. 151, and the Mary Fabreau Survey Abstract No . 69 from which a disturbed 2 inch iron pipe was found 0 . 1 North and 0 . 5 East ; THENCE North 26' 26 ' 42" East , along common line between said Lots 69 and 70, a distance of 915 . 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63' 33' 18" East , along .the common lone of Lots 70 thru 73 and Lots 49 thru 52 a distance of 936 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 73 and being located North 63' 33 ' 18" West , a distance of 452 . 86 feet (called 453 . 00 feet ) from a 5/8 Inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26' 26 ' 42" West , along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 73; THENCE North 63' 33 ' 18" West , along the Southwest line of said Lots 70 thru 73 and the Northeast line of a 30 foot wide platted road , a distance of 936 . 00 feet to the PLACE OF BEGINNING and containing within these calls 857, 282 square feet or 19 . 6805 acres of land . Exhibit "A" Page 3 of 3 • 009- 98 :0921 EXHIBIT "B" PERMITTED ENCUMBRANCES 1. Unlocated easement and right of way to White Oil Pipeline Co. , recorded in Volume 323, Page 291, in the Office of the County Clerk of Galveston County, Texas. 2. A 1/16th royalty interest in and to all oil, gas, and other minerals on, in, under or that may be produced from subject property is excepted herefron as the same is set forth in instrument recorded in Volume 1241, Page 394, in the Office of the County Clerk of Galveston County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. ( as to lot 67 only .) 3. A 1/16th royalty interest in and to all oil, gas, and other minerals on, in, under or that may be produced from subject . property is excepted herefrom as the same is set -forth in instrument recorded in Volume 1251, Page 586, in the Office of the County Clerk of Galveston County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. ( as to lots 71 and 72 ) • 4. All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instruments recorded under County Clerk's File No. 's 9305532, and 9305533, in the Official Public Records of Real Property of Galveston County, Texas. 5. Mineral Lease dated March 5, 1938, executed by J. D. Whipps, et al, Lessor to J. H. Ross Lessee, recorded in Volume 576, Page 21, in the Office of the County Clerk of Galveston County, Texas. Title to said lease not checked subsequent to execution date. ( as to lot 67 only ) 6. Lease dated October 28, 1957, executed by and between Wesley West, et al, Lessor and Leroy J. Gloger, Lessee, recorded in Volume 1230, Page 7, in the Office of the County Clerk of Galveston County, Texas. ( as to lots 66, 68, 69, and 70 ) 7. Lease dated January 8, 1959, executed by and between Wesley West, et al, Lessor and Leroy J_ Gloger, Lessee, recorded in Volume 1302, Page 214, in the Of ifce of the County Clerk of Galveston County, Texas . ( as to lots 67, 71, and 72 ) 009- 98 -�0922 8 . Mineral Lease dated April 8 , 1943 , executed by R.A. Ricci, Lessor to J.H. Ross, Lessee, recorded in Volume 786, Page 684 , in the Office of the County Clerk of Galveston County, Texas . Title to said lease not checked subsequent to execution date . ( As to lot 73 only ) ,,, CQRD iir �] cl. i�. i � 94 SE? 21 rN 9 45 r2tj!17 �•CFF�K S GAL'�c.SY��N r,C;Iti y it XA STATE OF TEXAS COUNTY OF GALVESTO►N I hereby certify that this instrument was filed on the dote and time stamped hereon by me and �( was duly recorded in the Official Public Records -(O g?PN of Real Property of Galveston County Texas,on ��\ N� \p'Z SEP 2 1 1994 P�-c NPR ���59 •; �ylY C01!*�0 * �f. `t 6 cX NO COUNTY CLERK ...r1"C0"" GALVESTON CO., TEXAS EXHIBIT "B" PAGE 2 OF' 2 CLOSING DOCUMENTS ON FILE IN CITY SECRETARY'S Qt'FICE FOR YOUR REVIEW. Charter Title Company 16850 Diana Lane,Suite 102,Houston,Texas 77058 713/480-1974 FAX 713/480-8389 (. M & c- CITY t rR. September 16, 1994 J.B . City of Friendswood �,dV22Z329es `, 109 E. Willowick Friendswood, Tx 77546 S� 0 o Attn: Delores g o G�$ C' Cv Re: Closing documents on sports complex /6 8.Z 9 '� Dear Delores, Enclosed please find the closing documents on the transaction between Wesley West Cattle Company and The City of Friendswood. It has been a pleasure doing business with you and if you should need anything additional, please feel free to contact our office. Sincerely, ladfdlirbtAs Rachel Rodriguez for Glennie Hefner, Escrow Officer CHARTER TITLE COMPANY Livery of Seisin • B U Y E R (S) CLOSING STATEMENT Buyer (s) • CITY OF FRIENDSWOOD Seller (s) • WESLEY WEST CATTLE CO. & WESLEY WEST DESCENDANTS TRUST Lender • WESLEY WEST CATTLE CO. & WESLEY WEST DESCENDANTS TRUST Property • 61 . 36 ACRES OUT OF SLONE SUBDIVISION Closing date . . : 09/15/1994 Proration date : 09/15/1994 Escrow Officer: GLENNIE HEFNER File Number . . . : 94190109 --- -- -------- - ----- - ------ - - ------------- -- - --- ------ --------- ---- -- --- - -------- SALES PRICE 613 , 567 . 00 PLUS CHARGES : TITLE CHARGES : Lender' s title policy 125 . 00 Liability amount (MTP) $598 , 567 . 00 PAYEE . . . : CHARTER TITLE COMPANY Survey Deletion - R-16 651 . 90 RECORDING FEES/TRANSFER CHARGES : Recording fee D/T amount $46 . 00 46 . 00 PAYEE . . . : CHARTER TITLE COMPANY TOTAL CHARGES : 822 . 90 GROSS AMOUNT DUE FROM BUYER: 614, 389 . 90 LESS CREDITS : DEPOSITS : Earnest money/deposit from buyer 1, 000 . 00 PRORATIONS : City/town taxes - 77 . 63 ACRES 621 . 14 from 01/01/94 to 09/15/94 @ $ 2 . 41690 per day County taxes - 77 . 63 ACRES 436 . 10 from 01/01/94 to 09/15/94 @ $ 1 . 69690 per day School Taxes - 77 . 63 ACRES 1, 517 . 52 from 01/01/94 to 09/15/94 @ $ 5 . 90474 per day DRAINAGE TAX 77 . 63 ACRES 136 . 03 from 01/01/94 to 09/15/94 @ $ 0 . 52932 per day Note Retained by Seller 598, 567 . 00 TOTAL CREDITS : 602 , 277 . 79 BALANCE DUE FROM BUYER: 12 , 112 . 11 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby aut.iorizes CHARTER TITLE COMPANY to make expenditures and disbursements as shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. CITY OF FRIENDSWOOD BY: NAME: EveL.in IYeutirnor) TITLE: n160 f Charter Title Company (Continued on next page) Buyer HUD Attachments (continued) Page 2 File Number. . . : 94190109 -------------------------------------------------------------------------------- BY: Escrow Officer 2402. Prepared by the State Bar of Texas for use by lawyers only. Revised 10/85; 12/87. m 1917 by t a Suu Bu o(Tsw DEED OF TRUST Date: Sept . 15 , .1994 Grantor: CITY OF FRIENDSW00D, TEXAS Grantor's Mailing Address(including county): 109 East Wi 11 owi ck Friendswood, Texas 77546. Attention: City Manager Trustee: Randolph C, Marceau Trustee's Mailing Address(including county): c/a t^Is1'ey West Interests, Inc . 5 post Oak 'Park,' Suite '1000 Houston, Harris County, Texas 77027 Beneficiary: WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST Beneficiary's Mailing Address(including county): c/o Wesley West Interests , Inc . 5 Post Oak Park,' Suite . 1000 Houston, Harris County, Texas 77027 Note(s) Date: Sept. 15 , 1994 Amount:Amount: FIVE HUNDRED NINETY-EIGHT THOUSAND FIVE HUNDRED SIXTY-SEVEN DOLLARS ($598 , 567 . 00) Maker: CITY OF FRIENDSWOOD, TEXAS Payee: WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST Final Maturity Date: September 15 , 1997 Terms of Payment(optional): As therein provided' Property(including any improvements): Tract I , Tract I•I and Tract III totaling 61 . 3567 acres of land being more particularly described by metes and bounds on Exhibit "A"attached hereto and made a part hereof for all purposes . Prior Lien(s) (including recording information): None • • Other Exceptions to Conveyance and Warranty: The matters' a.et forth On Exhibit t`Bt' attached hereto and incorporated herein by this reference. (the "Permitted Encumbrances") . • • For value received and to secure payment of the note, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property.If Grantor performs all the covenants and pays the note according to its terms,this deed of trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. Grantor's Obligations Grantor agrees to: 1. keep the property in good repair and condition; 2. pay all taxes and assessments on the property when due; 3. preserve the lien's priority as it is established in this deed of trust; a, covers all improvements for their full insurable value as determined when the policy is issued and re , nless Beneficiary approves a smaller amount in writing; b. contains an 80% coinsurance clause; c. provides fire and extended coverage,including windstorm cov d. protects Beneficiary with a standard mortgage clau e, provides flood insurance at any time erty is in a flood hazard area; and f, contains such other cover eneficiary may reasonably require; 5, comply at all ti e requirements of the 80% coinsurance clause; 6. del' insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; 8, if this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments, Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the note are used to pay any debt secured by prior liens,Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy., 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust. for more -than five (5) days i 5. If Grantor defaults on the note or fails to perform any of Grantor's obligations or if derauli occurs on a prior lien note or other instrument, and the default continue after Beneficiary gives Granto . otice of the default ia t` 1,h;rh ;r mint to cured, gr ''3` ^Qrovm—t,then Beneficiary may. Later a, declare the unpaid principal balance and earned interest on the note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended;and c. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. Trustee's Duties If requested by Beneficiary to foreclose this lien, Trustee shall: I. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended; 2. .sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; and 3, from the proceeds of the sale,pay, in this order: a. expenses of foreclosure,including a commission to Trustee of 5% of the bid; b. to Beneficiary, the full amount of principal,interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor;and d, to Grantor,any balance. • Addendum to that certain Deed of Trust ("Deed of Trust") securing payment of that certain $598,567.00 Promissory Note (the"Note"), from the CITY OF FRIENDSWOOD, TEXAS in favor of WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST(this "Addendum") PREAMBLE This Addendum augments and supplements the Deed of Trust, and the provisions of this Addendum shall be deemed to be in addition to (and not in replacement of) the provisions of the Deed of Trust. The specifics of any provision of this Addendum shall not limit the generality of similar provisions in the Deed of Trust; provided, however, in the event of a direct conflict between the provisions of this Addendum and the provisions of the Deed of Trust, the provisions of this Addendum and the provisions of the Deed of Trust, the provisions of this Addendum shall control. The provisions of this Addendum shall be construed as a continuation of the Deed of Trust. CONTINUATION OF DEED OF TRUST 15. Grantor shall not suffer or permit any lien to attach to or be enforced against the Property without the prior written consent of Beneficiary, and if any such lien is created against the Property without the prior written consent of Beneficiary, Grantor shall promptly (and in any event within 30 days) cause such lien to be released and shall indemnify and hold Beneficiary harmless from and against any and all claims and costs attributable thereto. 16. The debt evidenced by the Note is in part payment of the Purchase Price of the Property and is secured both by this Deed of Trust and by a vendor's lien on the Property which is expressly retained in a Deed to Grantor of even date herewith. This Deed of Trust does not waive such vendor's lien, and the two liens and the rights created by this instrument shall be cumulative. Beneficiary may elect to foreclose under either of such liens without waiving the other or may foreclose under both. Such Deed is incorporated into this Deed of Trust for all pertinent purposes. 17. If Grantor sells, assigns, mortgages, grants easements or otherwise transfers or encumbers its interest in the Property without first obtaining the prior written consent of Beneficiary, Beneficiary may, at Beneficiary's option, declare all sums secured by this Deed of Trust to be immediately due and payable. Grantor's failure to comply with this Paragraph 17 prior to consummating any such sale, assignment, mortgage, grant, transfer or encumbrance shall constitute a default under the Note and breach of this Deed of Trust, entitling Trustee and Beneficiary to avail themselves of all rights, powers, remedies and recourses allowed or permitted therein or herein. 18. Grantor shall add Beneficiary and Trustee as additional insureds on its policy of general and public liability insurance, providing coverage for death, personal injury, property damage and contractual liability. Grantor shall carry such insurance at all times while this Deed of Trust is in effect. Grantor shall procure and deliver to Beneficiary renewals of such policy at lease ten (10) days before the expiration thereof. Such insurance policy shall be endorsed so that it may not be canceled without thirty (30) days prior written notice being given to Beneficiary and so that the insurer waives all rights of recovery and subrogation against Beneficiary. 19. (a) Grantor will keep the Property in good condition and repair, will not commit or permit any waste, impairment, deterioration, or contamination of the property and except as provided in Paragraph 21 below, will not subject the Property to any detriment intended primarily to benefit any contiguous real estate. Without limiting the generality of the foregoing, Grantor shall not dump (or permit others to dump) trash, debris or soil on the Property and shall not strip or remove the existing soil from the Property. Furthermore, Grantor shall not permit to exist any condition that might cause a discharge of any Hazardous Substances (hereinafter defined) at, upon, under or within the Property or any contiguous real estate. Neither Grantor nor any other person or entity acting through, under or on behalf of Grantor shall undertake circumstances, nor the other instrument referred to hereinabove, shall be affected thereby, but rather shall be enforceable to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of Grantor and Beneficiary at all times to comply with the applicable Texas law governing the maximum rate or amount of interest payable on or in connection with the indebtedness (or applicable United States federal law to the extent that it permits Beneficiary to contract for, charge, take, reserve or receive a greater amount of interest than under Texas law). If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Note and this Deed of Trust, or contracted for, charged, taken, reserved or received with respect thereto, or if acceleration of the maturity of the indebtedness or if any prepayment by Grantor results in Grantor having paid any interest in excess of that permitted by law, then it is Grantor's and Beneficiary's express intent that all excess amounts theretofore collected by Beneficiary be credited on the principal balance of the Note (or, if the Note has been or would thereby be paid in full, refunded to Grantor), and the provisions of the Note immediately be deemed reformed and the amounts thereafter collectible thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. the right to accelerate maturity of indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration. All sums paid or agreed to be paid to Beneficiary for the use, forbearance or detention of the indebtedness shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the indebtedness until payment in full so that the rate or amount of interest on account of the indebtedness does not exceed the applicable usury ceiling. 23. Reference is hereby made to the provisions of the Note relating to limitations on Grantor's personal liability, which provisions are incorporated herein by this reference. WITNESS THE EXECUTION of this Deed of Trust (a part of which is this Addendum), effective as of the date first set forth above. CITY OF FRIENDSWOOD, TEXAS By: C , tr . i/ ee,t. e Cl�/ Evelyn B. Newman, ayor THE STATE OF TEXAS ) �c.V COUNTY OF � ) This instrument was acknowledged before me on September 15, 1994 by EVELYN B. NEWMAN, Mayor of the CITY OF FRIENDSWOOD, TEXAS, on behalf of said city. "el>) ---- r I (.•(.?`I1'i i�lctory Pubic,Sato aAof Taxss v L s y<:�, p` fly Cow. Ission y!r2s 0�01» y Notary lic in and for the State of Texas . .-7;"*"..int:-•:. -7,7:2:,..^.3TC-";,.. -fr "7,...?-11,-J,7":"7:, _ cityaddn.doc.emcs 3 PROMISSORY NOTE $598,567.00 September 15, 1994 FOR VALUE RECEIVED, the CITY OF FRIENDSWOOD, TEXAS ("Maker"), promises to pay to the order of WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST (hereinafter, together with all subsequent holders of this Note, collectively call "Payee") at do Wesley West Interests, Inc., 5 Post Oak Park, Suite 1000, Houston, Texas 77027, Attention: Randolph C. Marceau (or such other address as Payee may designate), on or before the 15th day of September, 1997 (the"Maturity Date"), the principal sum of Five Hundred Ninety-Eight Thousand Five Hundred Sixty-Seven Dollars ($598,567.00), together with interest on the principal balance at the rate ("Rate") of six percent (6%) per annum; provided, in no event shall the Rate, together with all the Charges (as hereinafter defined), exceed the Maximum Rate (as hereinafter defined). Interest shall be calculated on a daily basis using a 365-day year. 1. Principal and accrued interest shall be due and payable on the 15th day of September during the term of this Note. On the Maturity Date, the outstanding principal balance together with all accrued, unpaid interest on this Note shall be due and payable. This Note may be prepaid, at Maker's option, without penalty or premium. All prepayments shall be applied to reduce the outstanding principal balance of the Note. 2. Notwithstanding any contrary provisions in this Note or in the Deed of Trust (hereinafter defined), except as provided in the immediately following clauses (i) through (iii) below, this Note and the Deed of Trust shall be non-recourse to, and shall not create personal liability for payment upon, Maker, its elected officials, citizens, successors, assigns, and assets (other than the property covered by the Deed of Trust). To the extent permitted by law, the foregoing exculpatory language of this paragraph shall not apply to the following acts of Maker: (i) Maker's fraud, bad faith or misapplication of condemnation proceeds; (ii) Maker's failure to pay taxes as required by the Deed of Trust; or (iii) Maker's default under paragraph 19 of the General Provisions of the Deed of Trust. Notwithstanding any of the foregoing provisions of this paragraph 2 or the Deed of Trust, nothing herein shall be construed to create a debt of the City or a pledge, obligation or right to demand payment out of the tax revenues, funds or monies of the City other than condemnation proceeds • as assigned according to the Deed of Trust and the obligation to pay taxes according to the Deed of Trust. 3. If default be made in the payment, in whole or in part, of any sum provided for herein when due, or if an event of default shall occur under the Deed of Trust, and any such default remains uncured for a period of five (5) days after Payee gives Maker written notice thereof, then Payee may, at its option, declare the unpaid principal balance and accrued interest on this Note at once due and payable, foreclose all liens securing payment hereof, or, subject to Paragraph 2 above, pursue any and all other rights, remedies and recourses available to Payee under this note, the Deed of Trust, or at law or equity. 4. If default be made in the payment, in whole or in part, of any sum provided for herein when due, or if an event of default shall occur under the Deed of Trust, and any such default remains uncured for a period of five (5) days after Payee gives Maker written notice thereof, then, at the option of the Payee, all amounts then outstanding hereunder or under the Deed of Trust shall bear interest for the period beginning with the date of occurrence of such default at a rate of four percent (4%) per annum above the Prime Rate (as published in the Wall Street Journal or, if not published, at the rate quoted by Texas Commerce Bank as its prime or base lending rate) (the "Default Rate"), but in no event, together with all the Charges, to exceed the Maximum Rate. 5. Failure to exercise any of the foregoing options upon the happening of one or more of the foregoing events shall not constitute a waiver of the right to exercise the same or any other option at any subsequent time in respect to the same or any other event. The acceptance by Payee of any payment hereunder that is less than payment in full of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing options at that time, or at any subsequent time or nullify any prior exercise of any such option, without the express written consent of the Payee. 6. All amounts payable hereunder are payable in lawful money of the United State of America. This Note shall be governed by and construed according to the applicable laws of the State of Texas and applicable United States federal law. 7. This Note is secured by a vendor's lien and superior title retained in the Deed of even date herewith executed by Payee as Grantor therein, and by a Deed of Trust of even date herewith executed by Maker as Grantor therein, covering certain property in Galveston County, Texas as more particularly described therein (the"Deed of Trust"). 8. It is expressly stipulated and agreed to be the intent of Maker and Payee at all time to comply with applicable Texas law and applicable United States federal law governing the maximum rate or amount of interest payable on the indebtedness. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under this Note or under the Deed of Trust , or contracted for, charged, demanded, taken, reserved or received with respect to the indebtedness, or if Payee's exercise of the option herein contained to accelerate the maturity of this Note or if any prepayment by Maker results in Maker having paid any interest in excess of • that permitted by applicable law, then it is Maker's and Payee's express intent that all excess amounts thretofore collected by Payee be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the Deed of Trust immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. If at any time (i) the Rate, (ii) interest at the Default Rate, if applicable, as provided for herein or in the Deed of Trust, together with (iii) all fees and charges, if any, contracted for, charged, demanded, received, taken or reserved by Payee in connection with the loan evidenced hereby which are treated as interest under applicable law (collectively, the "Charges"), computed over the full term of this Note, exceed the maximum rate permitted by applicable law ("Maximum Rate"), the rate of interest payable hereunder, together with all Charges, shall be limited to the Maximum Rate. All sums paid or agreed to be paid to Payee for the use, forbearance or detention of the indebtedness evidenced hereby and by the Deed of Trust shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the usury ceiling from time to time in effect and applicable to the indebtedness for so long as debt is outstanding. Payee is relying on Article 5069-1.04, as amended, of the Revised Civil Statutes of Texas to determine the Maximum Rate payable on the indebtedness, and Payee will utilize the indicated (weekly) rate ceiling from time to time in effect as provided in Article 5069-1.04, as amended. Additionally, to the extent permitted by applicable law now or hereafter in effect, Payee may, at its option and from time to time, implement any other method of computing the Maximum Rate under such Article 5069-1.04, as amended, or under other applicable law by giving notice, if required, to Maker as provided by applicable law now or hereafter in effect. In no event shall the provisions of Article 5069 ch. 15 of the Revised Civil Statutes of Texas (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the loan evidenced hereby. Notwithstanding anything to the contrary contained herein or in the Deed of Trust, it is not the intention of Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. 9. All notices hereunder shall be given at the following addresses: If to Maker: City of Friendswood, Texas 109 East Willowick Friendswood, Texas 77546 Attention: City Manager If to Payee: Wesley West Development Corporation do Wesley West Interests, Inc. 5 Post Oak Park, Suite 1000 Houston, Texas 77027 Attention: Randolph C. Marceau • • • • • • Either party may change its address for notice hereunder to any other location within the United States by giving 10 days prior notice thereof to the other party in accordance with this paragraph. All notices given hereunder shall be in writing and shall be considered properly given if mailed by first class United States Mail, postage prepaid, registered or certified with return receipt requested, or by delivering the same in person or by overnight courier to the intended addressee. Any notice mailed as above provided shall be effective two days after its deposit in the custody of the U. S. Postal Service; notice by personal delivery or overnight courier shall be effective upon receipt by the addressee. 10. This Note is not negotiable in a manner which would entitle any holder hereof to the status of a holder in due course under applicable law. Executed as of the date and year first above written. CITY OF FRIENDSWOOD, TEXAS By: . 5.tc,f A �� v7-yC�ir,✓ Evelyn B'!Newman,(Mayor "MAKER„ citynote.doc.emcs EXHIBIT "A" Exhibit to Special Warranty Deed from Wesley West Cattle Company and Wesley West Descendants Trust, Grantors, to the City of Friendswood, Texas, Grantee, covering 61 .3567 acres of land, more - or less , described as follows: TRACT I DESCRIPTION - Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas according to map or plat thereof recorded in Book No. 254 Page54 Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described _by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no. 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North 44' 58 ' 21" East , a distance of 2085 . 14 feet from South corner 'of said Falcon Ridge Subdivision and the common corner for the John DickinsonLeague and Sarah McKissick Surveys , and the Mary Fabreau Survey, Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0. 1 North and 0. 50 East; THENCE North 44' 58 ' 21" East , along the common line of said John Dickinson and Sarah McKissick Surveys a distance of 823 . 59 feet to a 3/4 inch iron rod set for corner ; THENCE South 63' 33 ' 18" East , 150. 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49 a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26' 26 ' 42" East , along the common line between said Lots 49 and 50 a distance of 150. 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49 in the Southwest line of a 30 foot wide platted road; THENCE South 63' 33 ' 18" East , along the Northeast line of said Lot 50 a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 located North 63' 33 ' 18" West , a dis- tance of 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivi - sion; EXHIBIT "A" Page 1 of 3 - - THENCE South 26' 26' 42" West, along common line between said Lot 50 and 51 of said Slone Subdivision a distance of 930. 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; THENCE North 63.33 '18" West along the common lone of said Lots 46 thru 50 and Lots 66 thru 71 of said Slone Subdivision, a distance - of 1279 . 22 feet (called 1279 .80) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931,858 square feet or 21. 3925 acres of land . TRACT II DESCRIPTION Of a 20.2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas according to map or _plat thereof recorded in Book No. 254 Page 54 Map Records of Galveston County, Texas, said 20. 2837 acre tract being more . particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No. 9105756) • BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44'58 ' 21" East , a distance of 1119. 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Abstract No . 151, and the Mary Fabreau Survey Abstract No. 69, from which a disturbed 2 inch iron pipe was found 0. 10 North and 0. 50 East ; THENCE North 44' 58' 21" East, along the common' line of said of Falcon Ridge Section Three,. The Sarah McKissick and John Dickin- son League at 633. 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge Section Three and continuing In all a total distance of 965. 97 feet (called 965. 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63' 33' 18" East, along the common Lots line of Lots 66 thru 69 and 46 thru 48 a distance of 811 . 22 feet (called 811. 80 feet )to a 3/4 inch iron rod set for the East of said Lot 69; THENCE South 26' 26 ' 42" West , along the common line between Lot 69 and Lot 70 of said Slone Subdivision a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Exhibit "A" page 2 of 3 • THENCE North 63' 33 ' 18" West , along the Southwest Lot line of said Lots 66 thru 69 and Northeast right-of-way line of a 30 foot wide right-of-way ha distance of 1118 . 16 feet (called 1117 . 70 feet ) as platted OFBEGINNINGcontaining 883, 559square - feet or 20.2837 acres . TRACT III DESCRIPTION Of a 19. 6805 acre tract of land being all of Lots 70 thru 73 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9 Galveston County, Texas accord- ing to map or plat thereof red in sald Boo 19k6805 acre tractbeingMap Records of Galveston County, Texas, more particularly described by metes and bounds as follows : con (bearings dasin onPlate RecordsdPaget18alMap Ridge282 Section Three recording no. as 9105756) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70 also being the South corner of Lot 69 of said Slone Subdi - vision and being located North 44' 58 ' 21" East, a distance of 1119. 17 feet and South 63' 33' 18" a distance of 1118 . 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No.151, and the Mary Fabreau Survey Abstract No. 69 from which a disturbed 2 inch iron pipe was found 0. 1 North and 0. 5 East; THENCE North 26'26' 42" East , along common line between said Lots 69 and 70, a distance of 915. 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63' 33' 18" East , along the common lone of Lots 70 thru 73 and Lots 49 thru 52 a distance of 936 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 73 and being located North 63' 33' 18" West, a distance of 452 . 86 feet (called 453 . 00 feet ) from a 5/8 inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26' 26 ' 42" West , along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 73; THENCE North 63' 33 ' 18" West , along the Southwest line of said Lots 70 thru 73 and the Northeast line of a 30 foot wide platted road, a distance of 936 . 00 feet to the PLACE Ofee BEGINNING t or . 6and containing within these calls 857, 282 square acres of land . Exhibit "A" Page 3 of 3 • EXHIBIT "B" PERMITTED ENCUMBRANCES 1. Unlocated easement and right of way to White Oil Pipeline Co. , recorded in Volume 323, Page 291, in the Office of the County Clerk of Galveston County, Texas. 2. A 1/16th royalty interest in and to all oil, gas, and other minerals on, in, under or that may be produced from subject property is excepted herefroM as the same is set forth in instrument recorded in Volume 1241, Page 394, in the Office of the County Clerk of Galveston County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. ( as to lot 67 only ,) 3. A 1/16th royalty interest in and to all oil, gas, and other minerals on, in, under or that may be produced from subject - property is excepted herefrom as the same is set -forth in instrument recorded in Volume 1251, Page 586, in the Office of the. County Clerk of Galveston County, Texas. Title to said interest not checked subsequent to date of aforesaid instrument. ( as to lots 71 and 72 ) • 4. All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instruments recorded under County Clerk's File No. 's 9305532, and 9305533, in the Official Public Records of Real Property of Galveston County, Texas. 5. Mineral Lease dated March 5, 1938, executed by J. D. Whippss, et al, Lessor to J. H. Ross Lessee, recorded in Volume 576, Page 21, in the Office of the County Clerk of Galveston County, Texas_ Title to said lease not checked subsequent to execution date. ( as to lot 67 only ) 6. Lease dated October 28, 1957, executed by and between Wesley West, et al, Lessor and Leroy J. Gloger, Lessee, recorded in Volume 1230, Page 7, in the Office of the County Clerk of Galveston County, Texas_ ( as to lots 66, 68, 69, and 70 ) 7. - Lease dated January 8, 1959, executed by and between Wesley West, et al, Lessor and Leroy J_ Gloger, Lessee, recorded in Volume 1302, Page 214, in the Of ifce of the County Clerk of Galveston County, Texas_ ( as to lots 67, 71, and 72 ) 8 . Mineral Lease dated April 8, 1943 , executed by R.A. Ricci, Lessor to J.H. Ross, Lessee, recorded in Volume 786, Page 684 ,- in the Office of the County Clerk of Galveston County, Texas . Title to said lease not checked subsequent to execution date. ( As to lot 73 only ) EXHIBIT "B" PAGE 2 OF 2 NOTICE TO PURCHASER The real property, described below, which you are about to purchase is located in the CLEAR CREEK DRAINAGE DISTRICT District. The district has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $.145 on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date, is $0.00 on each $100 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $0.00. The district has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from the property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: TRACT 1 : A 21 . 3925 acre tract of land being all of Lot 50, and part of Lots 46 thru 49, of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League, Abstract No. 9, Galveston County, Texas, according to the map or plat thereof recorded in Book No. 254, Page 54, Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof . TRACT 2 : A 20 . 2837 acre tract being all of Lots 66 thru 69, of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League, Abstract No. 9, Galveston County, Texas, according to the map or plat thereof recorded in Book No. 254, Page 54, Map Records of Galveston County, Texas, said 20 . 2837 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof . TRACT 3 : A 19 . 6805 acre tract of land being all of Lots 70 thru 73 , of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League Abstract No. 9, Galveston County, Texas, • NOTARY PUBLIC, STATE of TEXAS STATE OF TEXAS COUNTY OF GALVESTON COUNTY This instrument was acknowledged before me on SEPTEMBER 15 , 1994 by —gOlnc o.I ph C• ( art.tlkr ,1 c5E'G' , of WESLEY WEST CATTLE CQ._ v...&- WESLEY WEST__DES ANTS TRUST, on behalf of said corporation. '( i.: '•; j`i Notari P.hiio,State of Texas Y• ,en b�;y��m��tisavire.c 05-01-S6 T RY P IC, STATE of TEXAS STATE OF TEXAS COUNTY OF GALVESTON COUNTY This instrument was acknowledged before me on SEPTEMBER 15 , 1994 by EVeiLln B . 2ni4rl ma /sr , of CITY OF F IENDSWOOD, on behalf of said corporation. t'(- ),:i No;:y F :ic State:f Texas My Corno;safon Expires 05-01-36 NOTARY PU C, STATE of TEXAS TRACT I DESCRIPTION Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galves- __ ton County, Texas, according to map or plat thereof recorded in • Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North . 44 ' 58 ' 21" East, a distance of 2085 . 14 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson League and Sarah McKissick Surveys, and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, a distance of 823 . 59 feet to a 3/4 inch iron rod set for corner; THENCE South 63 ' 33 ' 18" East, 150 . 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49, a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26 ' 26 ' 42" East along the common line between said Lots 49 and 50, a distance of 150 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49, being in the Southwest line of a 30 foot wide platted road; THENCE South 63 ' 33 ' 18" East along the Northeast line of said Lot 50, a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 and located North 63 ' 33 ' 18" West, 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivision; THENCE South 26 . 26 ' 42" West along the common line between said Lot 50 and 51 of said Slone Subdivision, a distance of 930 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; Page 1 of 2 • • OA • DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the common lone of said Lots 46 thru 50 and Lots 66 thru 71 of said Slone Subdivision, a distance of 1279 . 22 feet (called 1279 . 80 ) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931, 858 square feet or 21 . 3925 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . 9/14/94 REVISED : 9/15/94 it HILLY FL FOSTER{ 1,7 B9/ REVISED: R :4, 'MO Rfessional Land Surveyor No . 1609 sj;yba�s8tdi`:©�fr FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170I Page 2 of 2 • TRACT II DESCRIPTION Of a 20 . 2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254 Page 54 of the Map Re--- cords of Galveston County, Texas, said 20 . 2837 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44 ' 58 ' 21" East, 1119 . 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Survey, Abstract No . 151 and the Mary Fabreau Survey, Abstract No . 69, from which -a disturbed 2 inch iron pipe was found, 0 . 10 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said of Falcon Ridge, Section Three, the Sarah McKissick Survey and John Dickinson League, at 633 . 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge, Section Three and continuing in all a total distance of 965 . 97 feet (called 965 . 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63 ' 33 ' 18" East along the common Lots line of Lots 66 thru 69 and 46 thru 48, a distance of 811 . 22 feet (called 811 . 80 feet ) to a 3/4 inch iron rod set for the East corner of said Lot 69; THENCE South 26 ' 26 ' 42" West along the common line between Lot 69 and Lot 70 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Page 1 of 2 • DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots 66 thru 69 and Northeast right-of-way line of a 30 foot wide right-of-way as platted, a distance of 1118 . 16 feet (called 1117 . 70 feet) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 883, 559 square feet or 20 . 2837 acres . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 REVISED : 9/15/94 / (c• '''''''•• BILLY R FOSTER I �,: Y�r�• d�-���� Regist red Professional Land Surveyor No . 1609C}� FOSTER - RAINWATER & ASSOCIATES SURVEYING VigaeSX7 -A' 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170II Page 2 of 2 • lb TRACT III DESCRIPTION Of a 19 . 6805 acre tract of land being all of Lots 70 thru 73 of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, ac- cording to map or plat thereof recorded in Book No . 254, Page 54 -- of the Map Records of Galveston County, Texas, said 19 . 6805 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Sec- tion Three as recorded in Plat Records Page 18 Map 282 recording no. 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70, also being the South corner of Lot 69 of said Slone Subdivision and being located North 44 ' 58 ' 21" East, 1119 . 17 feet and South 63 ' 33 ' 18" East, 1118 . 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No . 151, and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 26 ' 26 ' 42" East along common line between said Lots 69 and 70, a distance of 915 . 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63 ' 33 ' 18" East along the common lone of Lots 70 thru 73 and Lots 49 thru 52, a distance of 936 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 73 and being located North 63 ' 33 ' 18" West, 452 . 86 feet ( called 453 . 00 feet) from a 5/8 inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26 ' 26 ' 42" West along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 73; Page 1 of 2 • DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots 70 thru 73 and the Northeast line of a 30 foot wide platted road, a distance of 936 . 00 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 857, 282 square feet or 19 . 6805 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 REVISED: 9/15/9 4 BILLY R . OSTER ( OSTER � . 34LLY R. F y Registr ed Professional Land Surveyor No. 1609 • � �, g .�.,7 FOSTER - RAINWATER & ASSOCIATES SURVEYINGc 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170III Page 2 of 2 . • TAX AGREEMENT RE: Taxes on the above referenced property are being prorated on the basis of the 1993 assessments, whether they be improved or unimproved. Should the 1994 taxes be more, the seller hereby agrees to reimburse the purchaser his prorated share of the taxes; however, should the taxes be less than that estimated, the purchaser agrees to reimburse the seller his prorated share of taxes which is being collected at the time of closing. For reimbursement, copies of ALL tax receipts paid are to be submitted to the respective party after the taxes are paid and payment of the refund will be made immediately. ACCEPTED on SEPTEMBER 15, 1994. WESLEY WEST CATTLE CO. & WESLEY WEST DESCENDANTS TRUST CITY OF FRIENDSWOOD BY: cL,— BY: PL� C .1� L-�ati • Charter Titre Company 16850 Diana Lane,Suite 102,Houston,Texas 77058 713/480-1974 FAX 713/480-8389 AGREEMENT AS TO ROLLBACK TAXES The undersigned are the purchasers of the following described property: 61.36 acres out of SLONE SUBDIVISION The undersigned have been advised that this property is subject to an agricultural exemption and roll back taxes. The undersigned are aware that if the use of the property is changed from its present use then it could possibly be subject to rollback taxes from the various tax office. the purchasers agree to assume any and all responsiblity and liability for such rollback taxes, if any, with regard to this property, with no liability on the part of CHARTER TITLE COMPANY or TRANSAMERICA TITLE INSURANCE CORPORATION. WITNESS OUR HANDS this /0 day of Q( , 1994. CITY OF FRIENDSWOOD BY: Z / 4r�Cy79t�2� Title: ` '�(/ SUBSCRIBED AND SWORN TO BEFORE ME on this the Ad day of \ X C , 1994. ��`� � C. HEFNER •r `i N;pry Pt:L.4c,„the of Texus i`.+ L' !'1 tO.y Commission Expires 05.0196 ( Y/( , . U.:54!-.°2.-V NOTARY PUBL C— TA XAS Livery of Seisin B U Y E R (S) CLOSING STATEMENT Buyer (s) • CITY OF FRIENDSWOOD Seller (s) • WESLEY WEST CATTLE CO . & WESLEY WEST DESCENDANTS TRUST Lender Property • 15 . 7734 ACRES OUT OF SLONE SUBDIVISION Closing date . . : 09/15/1994 Proration date : 09/15/1994 Escrow Officer: GLENNIE HEFNER File Number. . . : 94190028 ------------ - - ---- -- - ------ - ---- --------- -- ------------------------- -- - --------- SALES PRICE 157, 734 . 00 PLUS CHARGES : ESCROW CHARGES : Messenger Fees 52 . 50 TITLE CHARGES : Survey Deletion - R-16 A & B DEL 209 . 55 TOTAL CHARGES : 262 . 05 GROSS AMOUNT DUE FROM BUYER: 157, 996 . 05 LESS CREDITS : DEPOSITS : Earnest money/deposit from buyer 1, 000 . 00 MISCELLANEOUS ADJUSTMENTS : SURVEY REIMBURSEMENT 5, 100 . 00 TOTAL CREDITS : 6 , 100 . 00 BALANCE DUE FROM BUYER: 151, 896 . 05 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes CHARTER TITLE COMPANY to make expenditures and disbursements as shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. CITY OF FRIENDSWOOD 7 NAME: EVe-k Z. Newrnctn TITLE: (haNi/pr Charter Title C mpany BY: Escrow Off' er SPECIAL WARRANTY DEED THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON ) WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST ("Grantors"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantors paid by the CITY OF FRIENDSWOOD, TEXAS ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SELL and CONVEY unto Grantee all of the following described real property and all improvements located thereon or to be located thereon in Galveston County, Texas ("Property"), to-wit: 15.7734 acres of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes; The grant and conveyance hereinabove set forth is made for the purpose and on the condition that the Property so conveyed be used as a public park for the benefit of the citizens of the City of Friendswood, Texas, and that it be held and used for such purpose and for no other. It is further provided that Grantee accepts this conveyance subject to the matters described in Exhibit "B" attached hereto and made a part hereof for all purposes, to the extent the same are validly existing and applicable to the Property (the "Permitted Encumbrances"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging in any way to the Property, unto Grantee, its successors and assigns forever; and Grantors do hereby bind themselves and their heirs, personal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and • THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by STUART WEST STEDMAN, Trustee of Wesley West Descendants Trust, on behalf of said trust. ���trrrar;fistin►►p" 1 3 , , ,/' -§'c.):6\ ,-..017. ,,,4_€_{_-,,, , ..,/2__/,_,_- ,. cc::''' w Li) = Notary Public in and for t% �, �� * the State of Texas T4. OF �c, THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by W. H. HODGES, Trustee of Wesley West Descendants Trust, on behalf of said trust. / � �.�';•PAY.pU61•, -- ✓: \ /f �--'G� �.'_P ±�t'�� ) Notary Public in and for( Cc; e y'= the State of Texas kS. 1i. OF `4`r� ;tip S. •EXarvim . `. v,i 7-8`-51, ���, ►►►►►rr►t rr:i itr��: cityfrw2.doc.docs 4 Exhibit "A" • TRACT IV DESCRIPTION Of a 15 . 7734 net acres of land being out of Lots 40 thru 42, 46 thru 49 and a portion of a 30 foot wide road right-of-way, as platted of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No. 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 15. 7734 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the common line between the John Dickinson League, Abstract No . 9 and the Sarah McKissick survey, Abstract No. 151 and being located North 44 ' 58 ' 21" East, 2908 . 72 feet from the South corner of said Falcon Ridge Subdivi- sion and the common corner for the said John Dickinson, Sarah McKissick and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0. 5 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, at 158 . 20 feet passing the North corner of said Lot 46, at 189 . 84 feet passing the West corner of said Lot 40 and containing in all a total distance of 1159 . 97 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 28 ' 09 ' 38" West, 1. 17 feet; THENCE South 27 ' 05 ' 47" East a distance of 131 . 37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 27 ' 32 ' 29" West, 1 . 27 feet; THENCE North 44 '52 ' 11" East a distance of 400 . 13 feet to a 3/4 inch iron rod set In the West right-of-way line of F.M. 518 ( based on a 140 . 00 foot wide right-of-way) ; THENCE South 24 ' 08 ' 05" East along the West right-of-way of said F .M. 518, a distance of 135 .94 feet to a 3/4 inch iron rod set for an angle point in said west right-of-way line; THENCE south 7 ' 26 ' 08" East containing along said West right-of- way line, a distance of 104 . 40 feet to a 5/8 inch iron rod found for an angle point in said West right-of-way line; THENCE South 24 ' 08 ' O5" East containing along th West right--of-way line of said F.M. 518 (based on a 200 . 00 foot wide right-of-way) , a distance of 26 . 31 feet to a 5/8 inch iron rod found for the common line of said Lot 42 and Lot 43 of said Slone Subdivision; Page 1 of 2 DESCRIPTION CONTINUED THENCE South 26 ' 29 '.10" west along the common occupied line of said Lots 42 and 43, a distance of 1031. 69 feet to a 3/4 inch iron rod set for the South corner of said Lot 42, being in the Northeast right-of-way line of said 30 foot wide platted road; THENCE South 26' 26 ' 42" West, at 30 . 00 feet passing the East corner of said Lot 49 and continuing along the common line of said Lot 49 and Lot 50, a distance of 180.00 feet to a 3/4 inch iron rod set for corner in the common line of said Lots 49 and 50; THENCE North 63' 33 ' 18"West, 150 .00 feet Southwest of and parallel to the Southwest line of said 30 . 00 foot wide platted road, a distance of 785. 51 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 708,935 square feet or 16. 2749 acres of land, save and except 21, 847 square feet or 0 .5015 acres in said 30 .00 foot wide platted road, leaving 687,008 square feet or 15. 7734 net acres of land. Exhibit "A" Page 2 of 2 • NOTICE,TO PURCHASER • The real property, described below, which you are about to purchase is located in the CLEAR CREEK DRAINAGE DISTRICT District. The district has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date, the rate of taxes levied by the district on real property located in the district is $.145 on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date, is $0.00 on each $100 of assessed valuation. The total amount of bonds which has been approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $0.00. The district has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thereon and does not substantially utilize the utility capacity available to the property. The district may exercise the authority without holding an election on the matter. As of this date, the amount of the standby fee is $0.00. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certificate from the district stating the amount, if any, of unpaid standby fees on a tract of property in the district. The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from the property taxes. The cost of these utility facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the district. The legal description of the property which you are acquiring is as follows: A 15 . 7734 acre tract of land being out of Lots 40 thru 42 , 46 thru 49 , and a portion of a 30 foot wide road right of way as platted of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9 , Galveston County, Texas, according to the map or plat thereof recorded in Book No . 254 , Page 54 , of the Map Records of Galveston County, Texas, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof . WESLEY WEST CATTLE CO. & WESLEY WEST DESCENDANTS TRUST SEPTEMBER 15, 1994 SEPTEMBER 15, 1994 PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF • ANY CURRENT OR PROPOSED'CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. CITY OF FRIENDSWOOD SEPTEMBER 15, 1994 ,1� � j X. / �,.�,�ryytCLz•J Y: SEPTEMBER 15, 1994 STATE OF TEXAS COUNTY OF GALVESTON COUNTY This instrument was acknowledged before me on SEPTEMBER 15 , 1994 by . NOTARY PUBLIC, STATE of TEXAS STATE OF TEXAS COUNTY OF GALVESTON COUNTY This instrument was acknowledged before me on SEPTEMBER 15 , 1994 by . NOTARY PUBLIC, STATE of TEXAS STATE OF TEXAS COUNTY OFF C�SSTTON COUNTY his instrumnt e was acknowledged before me on SEPTEMBER 15 , 1994 by n(1oJph-) C. mQr c.ee U 5ejl. , of WESLEY WEST CATTLE CO . & WESLEY WEST DESCENDANTS TRUST, on behalf f said corporation. T Y PUB , STATE of TEXAS STATE OF TEXAS COUNTY OF GALVESTON COUNTY This..ir trulnent was acknowledgted before me on SEPTEMBER 15 , 1994 by _ 1.. \ S I �'y,,� -� g r , of CITY OF FR ENDSWOOD, on behalf of said corporation. / 1 . tr.r(f:!;;:7� bate cf Texas P } `.'t : 1 Commiss.ei Expires 05-01-96 �� _` -. - NOTARY PUBLIC STATE OF TEXAS • . TRACT IV DESCRIPTION Of a 15 . 7734 net acres of land being out of Lots 40 thru 42, 46 thru 49 and a portion of a 30 foot wide road right-of-way, as platted of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No. 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 15 . 7734 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the common line between the John Dickinson League, Abstract No . 9 and the Sarah McKissick Survey,• Abstract No . 151 and being located North 44 ' 58 ' 21" East, 2908 . 72 feet from the South corner of said Falcon Ridge Subdivi- sion and the common corner for the said John Dickinson, Sarah McKissick and the Mary Fabreau Survey, Abstract No . 69 , from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, at 158 . 20 feet passing the • North corner of said Lot 46, at 189 . 84 feet passing the West corner of said Lot 40 and containing in all a total distance of 1159 . 97 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 28 ' 09 ' 38" West, 1 . 17 feet; THENCE South 27 ' 05 ' 47" East a distance of 131 . 37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 27 ' 32 ' 29" West, 1 . 27 feet; THENCE North 44 ' 52 ' 11" East a distance of 400 . 13 feet to a 3/4 inch iron rod set in the West right-of-way line of F .M. 518 ( based on a 140 . 00 foot wide right-of-way) ; THENCE South 24 ' 08 ' 05" East along the West right-of-way of said F . M. 518, a distance of 135 . 94 feet to a 3/4 inch iron rod set for an angle point in said West right-of-way line; THENCE South 7 ' 26 ' 08" East containing along said West right-of- way line, a distance of 104 . 40 feet to a 5/8 inch iron rod found for an angle point in said West right-of-way line; THENCE South 24 ' 08 ' 05" East containing along th West right-of-way line of said F.M. 518 ( based on a 200 . 00 foot wide right-of-way) , a distance of 26 . 31 feet to a 5/8 inch iron rod found for the common line of said Lot 42 and Lot 43 of said Slone Subdivision; Page 1 of 2 • DESCRIPTION CONTINUED THENCE South 26 ' 29 ' 10" West along the common occupied line of said Lots 42 and 43, a distance of 1031 . 69 feet to a 3/4 inch iron rod set for the South corner of said Lot 42, being in the Northeast right-of-way line of said 30 foot wide platted road; THENCE South 26 . 26 ' 42" West, at 30 . 00 feet passing the East corner of said Lot 49 and continuing along the common line of said Lot 49 and Lot 50, a distance of 180 . 00 feet to a 3/4 inch iron rod set for corner in the common line of said Lots 49 and 50; THENCE North 63 ' 33 ' 18"West, 150 . 00 feet Southwest of and parallel to the Southwest line of said 30 . 00 foot wide platted road, a distance of 785 . 51 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 708, 935 square feet or 16 . 2749 acres of land, save and except 21, 847 square feet or 0 . 5015 acres in said 30 . 00 foot wide platted road, leaving 687, 008 square feet or 15 . 7734 net acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 REVISED: 9/15/94oF � • �:C�' O:tf� LY R . OSTER , BILLY R. FOSTER Registe ed Professional Land Surveyor No. 1609 sufaci FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170IV Page 2 of 2 TAX AGREEMENT RE: Taxes on the above referenced property are being prorated on the basis of the 1993 assessments, whether they be improved or unimproved. Should the 1994 taxes be more, the seller hereby agrees to reimburse the purchaser his prorated share of the taxes; however, should the taxes be less than that estimated, the purchaser agrees to reimburse the seller his prorated share of taxes which is being collected at the time of closing. For reimbursement, copies of ALL tax receipts paid are to be submitted to the respective party after the taxes are paid and payment of the refund will be made immediately. ACCEPTED on SEPTEMBER 15 , 1994. WESLEY WEST CATTLE CO . & WESLEY WEST DESCENDANTS TRUST CITY OF FRIENDSWOOD BY: ' c i BY: Charter Tide Company 16850 Diana Lane,Suite 102,Houston,Texas 77058 713/480-1974 FAX 713/480-8389 AGREEMENT AS TO ROLLBACK TAXES The undersigned are the purchasers of the following described property: 15.7734 acres out of Slone Subd. The undersigned have been advised that this property is subject to an agricultural exemption and roll back taxes. The undersigned are aware that if the use of the property is changed from its present use then it could possibly be subject to rollback taxes from the various tax office. the purchasers agree to assume any and all responsiblity and liability for such rollback taxes, if any, with regard to this property, with no liability on the part of CHARTER TITLE COMPANY or TRANSAMERICA TITLE INSURANCE CORPORATION. WITNESS OUR HANDS this l5 day of , 1994. CITY OF FRIENDSWOOD BY: /pi -/-c��l JTitle: SUBSCRIBED AND SWORN TO BEFORE ME on this the K) day of ( , 1994. � -• G. HEFNFR Near!Ponc.ata::of Texas ' .•. 'y Con::..=.i,S..^n E,p;:es 05-01.96 NOTARY PUBLI ATE OF TEXAS A Livery of Seisin P[IIZQ-IASE AND SALE AGREEMENT This Purchase and Sale Agreement ("Agreement") is made and entered into as of the date hereinafter set forth, by and between the CITY OF FRIENDSWOOD, TEXAS ("Purchaser") , and WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST (collectively, "Seller") . For and in consideration of the mutual obligations and benefits to be derived hereunder, Purchaser and Seller hereby agree as follows: ARTIC[J I Sale and Purchase 1.1. Real Property. Subject to the terms and provisions hereof, Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller all of the following described real property, together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining thereto, to-wit: That certain tract or parcel of land containing approximately twenty (20) acres of land in Galveston County, Texas, being depicted on Exhibit A-1 attached hereto and made a part hereof for all purposes ("Tract I") ; That certain tract or parcel of land containing approximately twenty (20) acres of land in Galveston County, Texas, being depicted on Exhibit A-2 attached hereto and made a part hereof for all purposes ("Tract II") ; and That certain tract or parcel of land containing approximately twenty (20) acres of land in Galveston County, Texas, being depicted on Exhibit A-3 attached hereto and made a part hereof for all purposes ("Tract III") . 1.2. Tract I, Tract II and Tract III shall be hereinafter referred to, collectively, as the "Subject Property". ARFICT F II Earnest Money Purchaser shall, within three (3) days after the date of execution hereof, deposit into escrow with the Title Company (hereinafter defined) as earnest money the sum of One Thousand and No/100 Dollars ($1,000.00) in cash ("Earnest Money") . The Earnest Money shall be applied against the cash portion of the total purchase price of the Subject Property at Closing (hereinafter defined) , or if Closing does not occur, the Earnest Money shall be disbursed to the parties in accordance with the other provisions of this Agreement. ARTICLE III Consideration 3.1. Consideration. As consideration for the conveyance of the Subject Property, Purchaser shall pay to Seller at Closing the total purchase price of Six Hundred Thousand Dollars ($600,000.00) as follows: 3.1.1. The sum of Fifteen Thousand Dollars ($15,000.00) in irrunediately available federal funds. 3.1.2. The balance of the Purchase Price shall be evidenced by and Purchaser hereby agrPPs to execute a promissory note (the "Note") in the original principal amount of Five Hundred Eighty-five Thousand Dollars ($585,000.00) due and payable in annual installments of principal and interest, payable at the rate of six percent (6%) per annum, with the first installment due and owing one (1) year from the date of Closing, and with the entire Note being due and payable three (3) years from the date of Closing. 3.1.3. The Note shall be secured by a first lien Deed of Trust against the Subject Property. 3.1.4. The form of the Note and Deed of Trust shall be as set forth in Exhibits B and C, respectively, attached to this Purchase and Sale Agreement. 3.1.5. The form of Deed to be executed at Closing shall include appropriate vendor's lien language as to the Subject Property. 3.1.6. At the time of Closing, Purchaser shall furnish to Seller, at Purchaser's expense, a standard mortgagee title policy for the Subject Property. AKPICI F IV Escrow and Title 4.1. Within five (5) days after the date of execution hereof an escrow shall be opened to consummate the sale of the Subject Property pursuant hereto at the Clear Lake City Office of Charter Title Company. 4.2. Within twenty (20) days after the date hereof Seller shall cause to be prepared by Charter Title Company and delivered to Purchaser, -2- a preliminary report of the title to the Subject Property. Purchaser shall have seven (7) days from the receipt of the preliminary report of title in which to examine the same and notify Seller in writing of those items which Purchaser will acpt (the "Permitted Encumbrancs") and those matters which Purchaser finds objectionable (the "Encumbrances") ; if such notice is not given it shall be deemed that Purchaser has found the preliminary report of title, and all matters reflected thereby, acrpptable and that Purchaser considers all of the same to be Permitted Encumbrances. If Purchaser notifies Seller of the existence of any such Encumbrance within such seven (7) day period, then, within fifteen (15) days from the date of receipt of such notice, Seller may (but Seller shall in no way be obligated to do so) cure or remove such Encumbrance, give Purchaser written notice thereof, and deliver an amended preliminary report of title reflecting the cure of such matters. If Purchaser notifies Seller of the existence of any such Encumbrance and Seller elects not to cure or remove same, or is unable to do so, Seller shall notify Purchaser, and Purchaser's remedies shall be limited solely to those set forth in Section 4.2.1. 4.2.1. If Seller fails or elects not to cure an objection to title to the Subject Property as set out in this Section 4.2 then Purchaser, as its sole and exclusive remedy, shall have the right to either: (i) Waive such objection and purchase the Subject Property subject thereto without reduction or abatement in the Purchase Price, in which event the waived objection shall be deemed to be a Permitted Encumlbrance; or (ii) Terminate this Agreement by notifying Seller thereof before the date of Closing, in which event the Earnest Money shall be immediately refunded to Purchaser. If Purchaser does not give written notice to Seller within such time period electing to terminate this Agreement pursuant to this alternative (ii) Purchaser shall be deemed to have elected alternative (i) above. 4.3. The close of the escrow and Purchaser's obligations to purchase the Subject Property pursuant to the terms of this Agreement are expressly conditioned upon: 4.3.1. As of the Closing, Seller shall have good and indefeasible title to the Subject Property being closed subject only to the Permitted Encumbrances, as otherwise herein provided; and 4.3.2. Execution by Seller of all documents necessary for the preparation, approval, and recording of a plat of the subdivision of the Subject Property into Tracts I, II and III; provided, however, all costs for any such platting shall be borne by Purchaser. -3- AIMME V Survey, Description, and Plat 5.1. Purchaser shall cause the preparation of a Land Title Survey (the "Survey") , including metes and bounds descriptions, of the Subject Property. Seller agrees, at the Closing, to reimburse Purchaser the total cost incurred by Purchaser in causing the preparation of the Survey. The total cost incurred by Purchaser in causing the preparation of such Survey and description will be 5.1.1. After the Survey has been prepared, the metes and bounds description for the Subject Property will be substitutPA for Exhibits A-1, A-2 and A-3,. The metes and bounds description shall then be treated as if it had originally been a part of this Agreement and such metes and bounds description will be used in all documents set forth herein or prepared in connection with the Closing that require a legal description for the Subject Property. 5.2. Purchaser agrees to bear all costs in preparing, submitting for approval, and recording a subdivision plat dividing the Subject Property into three parcels described herein as Tract I, Tract II and Tract III. 5.3. The Survey shall be in a form reasonably acceptable to Purchaser and be sufficient to cause the Title Company to delete the survey exception, except for "shortages in area," on the Owner's Title Policy (hereinafter defined) . 5.4. Within ten (10) days after the execution of this Agreement, Purchaser shall arrange for an environmental assessment to be conducted of the Subject Property by a qualified environmental consultant, which assessment shall be conducted in as expeditious a manner as is reasonably practicable. The assessment shall be conducted according to the following minimum standards: 5.4.1. Phase I of the assessment shall include a review of available documents, interviews with people aware of operations that have been conducted on the Subject Property, and a physical inspection of the Property. 5.4.2. Phase II of the assessment shall be conducted if the results of Phase I are inconclusive to show the presence or absence of any hazardous substances on the Subject Property. In the event that a Phase II of the assessment is required, it shall include a more detailed review of the Subject Property, and specialized physical sampling as indicated necessary from the results of Phase I. 5.4.3. If the results of the Phase II assessment are inconclusive to show the presence or absence of any hazardous substances on the Subject Property, a Phase III assessment shall be conducted. The nature of the inquiries to be made in the Phase III assessment, if any, -4- shall be determined by the Purchaser and the environmental consultant retained to conduct the assessment following the Purchaser's analysis of the report on the Phase II assessment. 5.4.4. The cost of the environmental assessment required under this Section shall be paid solely by Purchaser. 5.4.5. Seller shall cooperate fully with all inquiries made by the environmental consultant, including, but not limited to, giving the environmental consultant acrss to the Subject Property at all times, subject to the execution by the environmental consultant of a letter substantially in the form of the letter attached hereto as Exhibit D and made a part hereof for all purposes, and making all records kept by Seller concerning releases of hazardous substances on the Subject Property available to the consultant for inspection at Seller's offices. 5.4.6. Nothing in this Section shall be construed as limiting in any way the inspections that may be performed by the environmental consultant in the conduct of the assessment. 5.4.7. Purchaser agrees to require the environmental consultant to restore the surface of the Subject Property to the same condition as before the environmental assessment was bun. 5.5. If the environmental assessment provided for in Section 5.4 hereof indicates that remedial action is necessary to bring the Subject Property into compliance with any federal, state, or local law, rule, es regulation, or ordinance, or if such assessment indicat that the environmental condition of the Subject Property, or any part thereof, is such that the Subject Property is not suitable for use as a public park, Purchaser shall notify Seller within five (5) days of receipt of such assessment of the condition requiring remedial action or rendering the Subject Property unsuitable for public park purposes, together with a copy of the written report of the consultant who conducted such environmental assessment. If such notice is not given by Purchaser to Seller within sixty (60) days of the date of execution hereof, it shall be deemed that Purchaser has found the environmental condition of the Subject Property to be acceptable unless Purchaser has notified Seller prior to the expiration of said sixty (60) day period that additional time is required to complete such assessment. Such notice shall also contain an estimate of the additional time required and the reasons therefor. If Purchaser notifies Seller in accordance herewith of the existence of any such condition requiring remedial action or rendering the Subject Property unsuitable for public park purposes, then within ten (10) days after notice thereof Seller shall notify Purchaser of its election to remedy or not remedy the condition determined to be objectionable. If Seller elects to cure such condition by taking remedial action, it shall do so, in accordance with all applicable rules, regulations, and laws of governmental entities having juriqdiction over the Subject Property, within one hundred eighty (180) days after notice of such election. If Seller elects not to cure such condition, or is unable to do so within the prescribed one hundred -5- eighty (180) day time period, Purchaser's remedies shall be limited solely to those set forth in Section 5.5.1. 5.5.1. If Seller elects not to remedy adverse environmental conditions as set out in this Section 5.5. , or is unable to do so within the prescribed time period, then Purchaser as its sole and exclusive remedy, shall have the right to either: (i) Waive such objection to the environmental condition of the Subject Property and purchase same without reduction or abatement in the Purchase Price; (ii) Terminate this Agreement by notifying Seller thereof before the date of Closing, in which event the Earnest Money shall be immediately refunded to Purchaser. If Purchaser does not give written notice to Seller within such time period electing to terminate this Agreement pursuant to this alternative (ii) Purchaser shall be deemed to have elected alternative (i) above. AR'.rICTF VI Seller's Warranties 6.1. In order to induce Purchaser to enter into this Agreement, Seller represents and warrants to Purchaser (and said representations and warranties shall survive Closing) as follows: 6.1.1. Seller is the legal owner of the Subject Property and possesses the authority to convey good and indefeasible title and that no consent of any party other than Purchaser and Seller is required to enter into this transaction; 6.1.2. There are no claims, lawsuits, or other proceedings pending, or to the best of Seller's knowledge, threatened against Seller on the Subject Property, or any portion thereof, which could have a material adverse effect upon this transaction; 6.1.3. There are no undisclosed leases or other agreements affecting the Subject Property; and 6.1.4. As of the Closing date, there will be no recorded of unrecorded liens, assessments, or Uniform Commercial Code Security Interests against any of the Subject Property which will not be satisfied out of the Purchase Price. 6.2. PURCHASER ACKNOWLEDGES AND AGREES THAT, EXCEPT' AS SET FORTH ABOVE, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR Q-IARAC1'R1t WHATSOEVER, WHETHER EXPRESS OR -6- IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUIURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE SUBJECT PROPERTY, INCLUDING WITHOUT LIMITATION THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE SUBJECT PROPERTY, (C) THE SUITABILITY OF THE SUBJECT PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE SUBJECT PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANC'FS OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SUBJECT PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE SUBJECT PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OF LACK OF REPAIR OF THE SUBJECT PROPERTY, (H) THE AVAILABILITY OF UTILITIES, WATER, OR INMSTEWMTER LINE OR PLANT CAPACITY OR (I) ANY OTHER MATTER WITH RESPECT TO THE SUBJECT PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS, AT 40 C.F.R. , PART 261, OR WHETHER ANY PORTION OF THE SUBJECT PROPERTY CONSTITUTES WETLANDS AS DEFINED BY APPLICABLE REGULATION, OR THE DISPOSAL OR EXISTENCE, IN OR ON THE SUBJECT PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY CERCLA, AND REGULATIONS PROMULGATED THEREUNDER. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE SUBJECT PROPERTY, PURCHASER IS RELYING SOLFT,Y ON ITS OWN INVESTIGATION OF THE SUBJECT PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. WITHOUT LIMITING THE SELLER'S REPRESENTATIONS SET FORTH IN SECTION 6.1. , PURCHASER FURTHER ACMOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE SUBJECT PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS,TS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE SUBJECT PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE SUBJECT PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT THE SUBJECT PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE EUREGOING. ARTIC IE VII Covenants of Seller and Purchaser 7.1. Seller's Covenants. From the date hereof until the date of Closing or the termination of this Agreement, whichever shall first occur, Seller shall not: (i) commit or permit to be committed any waste to the -7- Subject Property; (ii) enter into any agreement or instrument or take any action that would encumber the Subject Property or bind the Purchaser after Closing or that would be outside the normal scope of owning the Subject Property; (iii) remove any improvement placed, erected, or constructed on the Subject Property, or remove any item of personal property from the Subject Property; or (iv) allow any party other than Purchaser to occupy or use the Subject Property. 7.2. Purchaser's Covenants. Purchaser shall comply with the following requirements: 7.2.1. Purchaser shall not commit or permit to be committed any waste to the Subject Property, during the term of this Agreement. 7.2.2. Purchaser agres to submit to Seller all plans for proposed improvements and landscaping to be placed upon the Subject Property for approval, which approval shall not be unreasonably withheld, prior to the Closing of this Agreement. Seller's approval may be withheld if said plans, in Seller's reasonable opinion, would adversely affect the development of the adjoining property. 7.2.3. Purchaser shall minimize the overflow of light from the Subject Property by placing shields on all light fixtures erected on the Subject Property. 7.2.4. Purchaser agrees that Seller shall not be required at any time to construct any portion of the proposed Fast Loop Road which adjoins any portion of the Subject Property acquired by the Purchaser. ARPICFJ v11I Closing Documents 8.1. Closing Documents. Seller covenants and agrPPs to deliver to Purchaser, at Closing, the following: 8.1.1. A Special Warranty Deed, in a form substantially similar to the Special Warranty Deed attached hereto as Exhibit E, conveying to Purchaser good and indefeasible fee simple title in and to the Subject Property subject only to the Permitted Encu brancis. 8.2. Title Policies and Additional Documents. Seller further covenants and agrees to deliver to Purchaser, at Closing, the following: 8.2.1. A Texas form of Owner's Policy of Title Insurance ("Owner's Title Policy") issued by Charter Title Company ("Title Company") , in Purchaser's favor and in the full amount of the Purchase Price, insuring Purchaser's indefeasible foe simple title to the real property, subject only to the Permitted Encumbrances, as they affect the Subject Property, and the printed exceptions contained in the standard Texas form of Owner's Policy of Title Insurance, provided, however, that: -8- (i) The survey exception shall be deleted except for "shortages in area" (the cost to delete said standard exception pertaining to discrepancies or conflicts in area shall be borne by the Purchaser) ; (ii) The exception as to restrictive covenants shall be endorsed "None of Record" except for any restrictions included in the Permitted ; (iii) The exception for parties in possession shall be deleted; and (iv) The exception as to the lien for taxes shall be deleted. 8.2.2. Such other instruments which are necessary to effectuate the conveyance of the Subject Property to Purchaser. ARTICLE IX Closing 9.1. Time and Place. 9.1.1. The Subject Property shall be conveyed on or before July 1, 1994 ("Closing") , at ten o'clock (10:00) A.M. at the offir c of the Title Company at Clear Lake City, Texas; provided, however, Purchaser may extend the date of Closing if requirements related to the environmental condition of the Subject Property cannot be met as provided in Sections 5.4 and 5.5 hereof on or before July 1, 1994. 9.2. Closing Costs. 9.2.1. Seller shall be responsible for the payment of the cost of the Owner's Title Policy premium, excluding the cost of the area and boundary deletion, the cost of the surveys for the Subject Property being purchased, all costs for the recordation of the instruments conveying title to the Subject Property, Seller's attorneys' fees, one-half (1/2) of the escrow fees charged by the Title Company, and one-half (1/2) of all other closing costs. 9.2.2. Purchaser shall be responsible for the payment of Purchaser's attorneys' fees, the cost of the area and boundary deletion, one-half (1/2) of the escrow fees charged by the Title Company and one-half (1/2) of all closing costs not specifically required to be paid by Seller which may be charged by the Title Company. 9.3. Ad valorem and similar taxes and assessments relating to the Subject Property shall be prorated between Seller and Purchaser as of the -9- date of Closing, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at Closing, the prorations shall be computed on the basis of the best evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. The provisions of this Section 9.3. shall survive the Closing. Notwithstanding the foregoing, if this sale or Purchaser's use of the Subject Property after Closing results in the assessment of additional taxes for periods prior to Closing, the additional taxes shall be the obligation of Purchaser. 9.4. Payment of Purchase Price. Purchaser covenants and agrees to deliver to Seller, at Closing, the Purchase Price in immediately available federal funds and such other instruments as are n n ssary to complete the acquisition of the Subject Property by Purchaser. AM-WEE X Condemnation Loss As used herein, the term "Condemnation Loss" shall mean any taking, or pending or threatened taking, in condemnation or under the right of eminent domain, of the Subject Property, or a portion thereof, prior to Closing. Seller shall promptly give Purchaser written notice ("Condemnation Notice") of any Condemnation Loss of which Seller becomes aware. If a Condemnation Loss occurs to the Subject Property prior to Closing, Purchaser shall have the option, which must be exercised within fifteen (15) days after its receipt of the Condemnation Notice, to terminate this Agreement or to proceed with the Closing of the Subject Property. If Purchaser elects to terminate this Agreement, all rights, duties, obligations, and liabilities created hereunder shall cease. If Purchaser elects to proceed with Closing, it shall acquire the Subject Property in accordance with the terms hereof and Seller shall transfer to Purchaser all awards or other payments arising out of such Condemnation Loss and pay to Purchaser all sums paid to Seller as awards or other payments arising out of such Condemnation Loss at Closing. Seller shall not voluntarily compromise, settle or adjust any amounts payable by reason of any Condemnation Loss without first obtaining the written consent of Purchaser. AFtariF. XI Remedies 11.1. If Purchaser fails to consummate the purchase of the Subject Property pursuant to this Agreement for any reason other than pursuant to a right of termination granted to Purchaser hereunder and Seller has performed all of its obligations hereunder, Seller may as its sole and -10- exclusive remedy terminate this Agreement by notifying Purchaser in writing thereof and thereupon the Earnest Money shall be paid to Seller as liquidated damages. It is agreed that the Earnest Money to which Seller is entitled to hereunder is a reasonable forecast of just compensation for the harm that would be caused by Purchaser's failure to consummate the purchase of the Subject Property pursuant to this Agreement and that such harm is one that is incapable or very difficult to accurately estimate or calculate, that such amount is not intended as a penalty and that the receipt by Seller of the Earnest Money in the event Purchaser fails to consummate the purchase of the Subject Property pursuant to this Agreement shall constitute full satisfaction of any and all of Purchaser's obligations hereunder. 11.2. If Seller refute to consummate the sale of the Subject Property pursuant to this Agreement, for any reason other than a default or breach hereunder by Purchaser, Purchaser shall have as its sole and exclusive remedy the right to (i) enforce specific performance of the obligations of Seller hereunder, or (ii) terminate this Agreement by notifying Seller in writing thereof and the Earnest Money shall be immediately refunded to Purchaser. ARTIC rJ XII Notices All notices, demands, or other communications of any type (herein collectively referred to as "Notices") given by Seller to Purchaser or by Purchaser to Seller, whether required by this Agreement or in any way related to the transaction contemplated herein, shall be void and of no effect unless given in accordance with the provisions of this Article XIII. All Notices shall be in writing and delivered to the person to whom the Notice is directed, by United States Mail, as a Registered or Certified item, Return Receipt Requested. Notices shall be effective when deposited in a post office or other depository under the care or custody of the United States Postal Service, enclosed in a wrapper with proper postage affixed, addressed, if to Purchaser, as follows: City of Friendswood, Texas 109 East Willowick Friendswood, Texas 77546 Attn: City Manager and if to Seller, as follows: Wesley West Cattle Company and Wesley West Descendants Trust c/o Wesley West Interests, Inc. P. O. Box 7 Houston, Texas 77001 Attn: Mr. Randolph C. Marceau -11- Either party hereto may change the address for Notices specified above by giving the other party ten (10) days advance written notice of such change of address. ARTICLE XIII Miscellaneous 13.1. Assignment. Neither Seller nor Purchaser shall have the right to transfer or assign this Agreement without the prior written consent of the other. 13.2. Construction and Interpretation. This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. 13.3. Amendment and Waiver. This Agreement may not be modified or amended, except by an agreement in writing signed by Seller and Purchaser. The parties may waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if it is in writing and signed by the party waiving such conditions or obligations. 13.4. Time is of the Essence. Time is of the essence of this Agreement. 13.5. Brokers. Each party to this Agreement represents to the other party that it has not retained or engaged any real estate broker, finder, consultant or like agent with respect to the transactions provided for in this Agreement and each agrees that it shall indemnify and hold the other harmless from and against any and all claims of all real estate brokers, finders, consultants, agents or other such parties claiming by, through or under the respective indemnifying party. 13.6. Severability. If any provision of this Agreement shall, for any reason, be held violative of any applicable law, and so much of said Agreement is held to be unenforceable, then such invalidity of a specific provision herein shall not be held to invalidate any other provisions herein, which other provisions shall remain in full force and effect. 13.7. Entire Agreement. This Agreement, including the exhibits hereto, constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No covenant, representation or condition not expressed in this Agreement shall be binding upon the parties hereto or shall effect or be effective to interpret, change or restrict the provisions of this Agreement. 13.8. Multiple Counterparts. 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Exhibit B PROMISSORY NOTE $585,000.00 , 1994 FOR VALUE RECEIVED, the CITY OF FRIENDSWOOD, TEXAS ("Maker"), promises to pay to the order of WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST (hereinafter, together with all subsequent holders of this Note, collectively call "Payee") at do Wesley West Interests, Inc., 5 Post Oak Park, Suite 1000, Houston, Texas 77027, Attention: Randolph C. Marceau (or such other address as Payee may designate), on or before the day of , 1997 (the "Maturity Date"), the principal sum of Five Hundred Eighty-Five Thousand Dollars ($585,000.00), together with interest on the principal balance at the rate ("Rate") of six percent (6%) per annum; provided, in no event shall the Rate, together with all the Charges (as hereinafter defined), exceed the Maximum Rate (as hereinafter defined). Interest shall be calculated on a daily basis using a 365-day year. 1. Principal and accrued interest shall be due and payable on the day of during the term of this Note. On the Maturity Date, the outstanding principal balance together with all accrued, unpaid interest on this Note shall be due and payable. This Note may be prepaid, at Maker's option, without penalty or premium. All prepayments shall be applied to reduce the outstanding principal balance of the Note. 2. Notwithstanding any contrary provisions in this Note or in the Deed of Trust (hereinafter defined), except as provided in the immediately following clauses (i) through (iii) below, this Note and the Deed of Trust shall be non-recourse to, and shall not create personal liability for payment upon, Maker, its elected officials, citizens, successors, assigns, and assets (other than the property covered by the Deed of Trust). The foregoing exculpatory language of this paragraph shall not apply to the following acts of Maker: (i) Maker's fraud, bad faith or misapplication of condemnation proceeds; (ii) Maker's failure to pay taxes as required by the Deed of Trust; or (iii) Maker's default under paragraph 19 of the General Provisions of the Deed of Trust. Notwithstanding any of the foregoing provisions of this paragraph 2 or the Deed of Trust, nothing herein shall be construed to create a debt of the City or a pledge, obligation or right to demand payment out of the tax revenues, funds or monies of the City other than condemnation proceeds as assigned according to the Deed of Trust and the obligation to pay taxes according to the Deed of Trust. 3. If default be made in the payment, in whole or in part, of any sum provided for herein when due, or if an event of default shall occur under the Deed of Trust, and any such default remains uncured for a period of five (5) days after Payee gives Maker written notice thereof, then Payee may, at its option, declare the unpaid principal balance and accrued interest on this Note at once due and payable, foreclose all liens securing payment hereof, or, subject to Paragraph 2 above, pursue any and all other rights, remedies and recourses available to Payee under this note, the Deed of Trust, or at law or equity. 4. If default be made in the payment, in whole or in part, of any sum provided for herein when due, or if an event of default shall occur under the Deed of Trust, and any such default remains uncured for a period of five (5) days after Payee gives Maker written notice thereof, then, at the option of the Payee, all amounts then outstanding hereunder or under the Deed of Trust shall bear interest for the period beginning with the date of occurrence of such default at a rate of four percent (4%) per annum above the Prime Rate (as published in the Wall Street Journal or, if not published, at the rate quoted by Texas Commerce Bank as its prime or base lending rate) (the "Default Rate"), but in no event, together with all the Charges, to exceed the Maximum Rate. 5. Failure to exercise any of the foregoing options upon the happening of one or more of the foregoing events shall not constitute a waiver of the right to exercise the same or any other option at any subsequent time in respect to the same or any other event. The acceptance by Payee of any payment hereunder that is less than payment in full of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing options at that time, or at any subsequent time or nullify any prior exercise of any such option, without the express written consent of the Payee. 6. All amounts payable hereunder are payable in lawful money of the United State of America. This Note shall be governed by and construed according to the applicable laws of the State of Texas and applicable United States federal law. 7. This Note is secured by a vendor's lien and superior title retained in the Deed of even date herewith executed by Payee as Grantor therein, and by a Deed of Trust of even date herewith executed by Maker as Grantor therein, covering certain property in Galveston County, Texas as more particularly described therein(the"Deed of Trust"). 8. It is expressly stipulated and agreed to be the intent of Maker and Payee at all time to comply with applicable Texas law and applicable United States federal law governing the maximum rate or amount of interest payable on the indebtedness. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under this Note or under the Deed of Trust, or contracted for, charged, demanded, taken, reserved or received with respect to the indebtedness, or if Payee's exercise of the option herein contained to accelerate the maturity of this Note or if any prepayment by Maker results in Maker having paid any interest in excess of r , that permitted by applicable law, then it is Maker's and Payee's express intent that all excess amounts thretofore collected by Payee be credited on the principal balance of this Note (or, if this Note has been or would thereby be paid in full, refunded to Maker), and the provisions of this Note and the Deed of Trust immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. If at any time (i) the Rate, (ii) interest at the Default Rate, if applicable, as provided for herein or in the Deed of Trust, together with (iii) all fees and charges, if any, contracted for, charged, demanded, received, taken or reserved by Payee in connection with the loan evidenced hereby which are treated as interest under applicable law (collectively, the "Charges"), computed over the full term of this Note, exceed the maximum rate permitted by applicable law ("Maximum Rate"), the rate of interest payable hereunder, together with all Charges, shall be limited to the Maximum Rate. All sums paid or agreed to be paid to Payee for the use, forbearance or detention of the indebtedness evidenced hereby and by the Deed of Trust shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the usury ceiling from time_to time in effect and applicable to the indebtedness for so long as debt is outstanding. Payee is relying on Article 5069-1.04, as amended, of the Revised Civil Statutes of Texas to determine the Maximum Rate payable on the indebtedness, and Payee will utilize the indicated (weekly) rate ceiling from time to time in effect as provided in Article 5069-1.04, as amended. Additionally, to the extent permitted by applicable law now or hereafter in effect, Payee may, at its option and from time to time, implement any other method of computing the Maximum Rate under such Article 5069-1.04, as amended, or under other applicable law by giving notice, if required, to Maker as provided by applicable law now or hereafter in effect. In no event shall the provisions of Article 5069 ch. 15 of the Revised Civil Statutes of Texas (which regulates certain revolving credit loan accounts and revolving triparty accounts) apply to the loan evidenced hereby. Notwithstanding anything to the contrary contained herein or in the Deed of Trust, it is not the intention of Payee to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. 9. All notices hereunder shall be given at the following addresses: If to Maker: City of Friendswood, Texas 109 East Willowick Friendswood, Texas 77546 Attention: City Manager If to Payee: Wesley West Development Corporation do Wesley West Interests, Inc. 5 Post Oak Park, Suite 1000 Houston, Texas 77027 Attention: Randolph C. Marceau Either party may change its address for notice hereunder to any other location within the United States by giving 10 days prior notice thereof to the other party in accordance with this paragraph. All notices given hereunder shall be in writing and shall be considered properly given if mailed by first class United States Mail, postage prepaid, registered or certified with return receipt requested, or by delivering the same in person or by overnight courier to the intended addressee. Any notice mailed as above provided shall be effective two days after its deposit in the custody of the U. S. Postal Service; notice by personal delivery or overnight courier shall be effective upon receipt by the addressee. 10. This Note is not negotiable in a manner which would entitle any holder hereof to the status of a holder in due course under applicable law. Executed as of the date and year first above written. CITY OF FRIENDSWOOD, TEXAS By: Name: Title: "MAKER" citynote.doc. EXHIBIT "D" -Date - Re: ass to Property Wesley West Cattle Cxpany P. O. Box 7 Houston, Texas 77001 Wesley West Descendants Trust P. O. Box 7 Houston, Texas 77001 Gentlemen: The undersigned ("Requesting Party") hereby requests ypur consent to entry upon the following described property for the ZurpcGcs and on the dates specified be 1 ow: Dates: Property: ("Property") : Purposes: In consideration for Wesley West Cattle Company and Wesley West Descendants Trust (collectively, "Owner") permitting the Requesting Party the Requesting Party agrees to .���', defend access to h the Property, the director, officer, and hold harmless Owner' and each and every , tively trustee, employee, agent or other representative of Owner (col-l-ectiiel , the "Indemnified Parties") , from and against any and all claims, proceedings, darages, injuries, liabilities, costs and expense (including, without limitation, reasonable attorneys' fees, costs associated with investigation of the foregoing, and court costs) whid are asserted against or incurred by any of the Indemnified Parties (as applicable) as a result, either d i rectl or indirectly, of the entry upon, use or occupancy of the Property by the R quecting Party or any officer, enployc , agent or representative of the Requesting Party, regardless of the active, passive or concurrent negligence of any of the Indemnified Parties_ • The Requ -ti-ag Party agrees to contact Randolph C. Marceau at telephone number (713) 850-7911, extension 208, br.fore entering on the Property. The Requesting. Party agrees to assume all liability and responsibility for all damages arising out of or incurred as a result of entry upon the Property. Owner shall have the right to condition the RequestingParty's ac-rnc.S to the Prropert y upon Requesting Party s providing Owner evidenceof reasonably of public liability, workmen's ration and other insurance requested by Owner. This access consent shall expire on 1994. Sincerely, By Name: Title: By Name: Title: CONSENT (RANTED: WESLEy WEST CATTLE COMPANY By: Start West Stedman, President Date: WESLEY WEST DESCENDANTS TRUST By: Stuart West Stedman, Trustee Date: ENTRYSLO TXTFORMS Exhibit E SPECIAL WARRANTY DEED THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENT'S: COUNTY OF GALVFS'ION ) WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANT'S TRUST ("Grantors") , for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantors paid by the CITY OF FRIENDSWOOD, TEXAS ("GrantPP") , the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SETT, and CONVEY unto Grantee all of the following described real property and all improvements located thereon or to be located thereon in Galveston County, Texas ("Property") , to-wit: : being more particularly described by metes and bounds on Exhibit A attached hereto and made a part hereof for all purposes; The grant and conveyance hereinabove set forth is made for the purpose and on the condition that the Property so conveyed be used as a public park for the benefit of the citizens of the City of Friendswood,Texas, and that it be held and used for such purpose and for no other. It is further provided that Grantor' accepts such validly existing and applicable to the Property: * Insert permitted encumbranrs (the "Permitted E nctmlbrancps") Reference is hereby made to the fact that a portion of the purchase price for the Property was paid by Grantee's execution and delivery of a promissory note (the "Note") of even date payable to the order of Grantor, which Note is secured by a deed of trust of even date (the "Iladb. of Trust") , executed by Granter,, covering the Property. It is expressly agreed and stipulated that the vendor's lien and superior title to the Property are hereby retained until the Note is paid in full in accordance with the face, tenor, and effect thereof, whereupon the conveyance hereby made shall become absolute. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenanrPs thereto in anywise belonging in any way to the Property, unto Grantee, its successors and assigns forever; and Grantors do hereby bind themselves and their heirs, personal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grant-PP, its sucrpssors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise, subject only to the vendor's lien and superior title hereinabove retained and the Permitted Encumbrances. EXECUTED this day of , 1994. WESLEY WEST CATTLE COMPANY BY: Stuart West Stedman, President WESLEY WEST DENS TRUST BY: Betty Ann West Stedman, Trustro BY: Stuart West Stedman, Trustrr' By: W. H. Hodges, Trustee Grants's Address: City of Friendswood, Texas 109 East Willowick Avenue Friendswood, Texas 77546 -2- THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on the day of , 1994, by Stuart West Stedman, President of Wesley West Cattle Company, on behalf of said Company. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on the day of , 1994, by Betty Ann West Stedman, Trustee of Wesley West Descendants Trust, on behalf of said Trust. Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS § § COUNTY OF GALVESTON § This instrument was acknowledged before me on the day of , 1994, by Stuart West Stedman, Trustee of Wesley West Descendants Trust, on behalf of said Trust. Notary Public in and for the State of Texas My Commission Expires: FWD\WESTPRCHASE.AGT\031094 -3- '�. THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on the day of , 1994, by W. H. Hodges, Trustee of Wesley West Descendants Trust, on behalf of said Trust. Notary Public in and for the State of Texas My Commission Expires: FWD\WESTPRCHASE.AGT\031094 -4 IOU/14/y4 lb'41 "a4f0y U30 IU Sl9 GALVt.J 1 UN U. A- U- ► 0161 t At' -. (gtthhxisfun (lintrttl Appraisal !ifrirt 2S r' '� P.O. Box 3647 600 Gulf Freeway Texas City,Texas 77592-3647 .,.g. '.; ' (409)935-1980 (713)474-4489 BOARD OF DIRECTORS ol.o llpprrlrr 0Asirman September 14, 1994 Guy F.Bristles.CIA.RPA► CnuCk Wilson Gary R.Darla 1 Soawrrry-Trwsurr Joel*M.Orr r Evelyn Nwwnan Wallow syorm IVIA FACSIMILE AND MAIL Charter Title Company Glennie Hefner 16850 Diana Lane, Suite 102 Houston, Texas 77058 RE: Account Nos. 6570-0000-0049-001 6570--0000-0046-001 6570-0000-0046-002 6570-0000-0040-001 6570-0000-0040-002 6570-0000-0048-000 6570-0000-0048-001 Dear Ms. Hefner: Please be advised that since the City of Friendswood is in the process of purchasing the above referenced properties, no ag roll-back will be processed. Sincerely, )j?-7 -4f-4-7 91 ‹._ GFE:hg Guy F. Emanis Chief Appraiser • TRACT I DESCRIPTION Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galves- ton County, Texas, according to map or plat thereof recorded in • Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North . 44 ' 58 ' 21" East, a distance of 2085. 14 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson League and Sarah McKissick Surveys, and the Mary Fabreau Survey, Abstract No . 69 , from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, a distance of 823 . 59 feet to a 3/4 inch iron rod set for corner; THENCE South 63 ' 33 ' 18" East, 150 . 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49, a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26 ' 26 ' 42" East along the common line between said Lots 49 and 50, a distance of 150 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49, being in the Southwest line of a 30 foot wide platted road; THENCE South 63 ' 33 ' 18" East along the Northeast line of said Lot 50, a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 and located North 63 ' 33 ' 18" West, 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivision; THENCE South 26 ' 26 ' 42" West along the common line between said Lot 50 and 51 of said Slone Subdivision, a distance of 930 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; Page 1 of 2 DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the common lone of said Lots 46 thru 50 and Lots 66 thru 71 of said Slone Subdivision, a distance of 1279 . 22 feet (called 1279 . 80 ) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931, 858 square feet or 21 . 3925 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED: 9/14/94 REVISSED: 9/15/94 F . ••.' BILLY R.FOSTER BILLY R OSTER ••a ry iU9 i.4.i Regist r .d Professional Land Surveyor No . 1609 •.9oic dr•'p1" ` FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No. : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170I Page 2 of 2 TRACT II DESCRIPTION Of a 20 . 2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254 Page 54 of the Map Re- cords of Galveston County, Texas, said 20 . 2837 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44 ' 58 ' 21" East, 1119 . 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Survey, Abstract No . 151 and the Mary Fabreau Survey, Abstract No . 69, from which -a disturbed 2 inch iron pipe was found, 0 . 10 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said of Falcon Ridge, Section Three, the Sarah McKissick Survey and John Dickinson League, at 633 . 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge, Section Three and continuing in all a total distance of 965 . 97 feet (called 965 . 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63 ' 33 ' 18" East along the common Lots line of Lots 66 thru 69 and 46 thru 48, a distance of 811 . 22 feet (called 811 . 80 feet ) to a 3/4 inch iron rod set for the East corner of said Lot 69; THENCE South 26 ' 26 ' 42" West along the common line between Lot 69 and Lot 70 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Page 1 of 2 DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots 66 thru 69 and Northeast right-of-way line of a 30 foot wide right-of-way as platted, a distance of 1118 . 16 feet (called 1117 . 70 feet) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 883, 559 square feet or 20 . 2837 acres . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED: 9/14/94 ��� � REVISED: 9/15/94 ��,, OFrk v., 0`xvrr v .r.. �'t CL ,BILLY R F STER f•'ip y.in• d�4 jt' `j' �• nth• r Regist red Professional Land Surveyor No . 1609 .•.� '; •rv�r'�! -'y�...42 Ly FOSTER - RAINWATER & ASSOCIATES SURVEYING `t ' 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170II Page 2 of 2 TRACT III DESCRIPTION Of a 19 . 6805 acre tract of land being all of Lots 70 thru 73 of the Slone Subdivision out of the B. W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, ac- cording to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 19 . 6805 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Sec- tion Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70, also being the South corner of Lot 69 of said Slone Subdivision and being located North 44 ' 58 ' 21" East, 1119 . 17 feet and South 63 ' 33 ' 18" East, 1118 . 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No . 151, and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 26 ' 26 ' 42" East along common line between said Lots 69 and 70, a distance of 915 . 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63 ' 33 ' 18" East along the common lone of Lots 70 thru 73 and Lots 49 thru 52, a distance of 936 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 73 and being located North 63 ' 33 ' 18" West, 452 . 86 feet (called 453 . 00 feet ) from a 5/8 inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26 ' 26 ' 42" West along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 73; Page 1 of 2 DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots 70 thru 73 and the Northeast line of a 30 foot wide platted road, a distance of 936 . 00 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 857, 282 square feet or 19 . 6805 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED: 9/14/94 REVISED: 9/15/9 4 ,7 of- r Ns\ BILLY R . OSTER / BILLY R.FOSTER i Regist ed Professional Land Surveyor No. 1609 � ic,09 ESS- FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170III Page 2 of 2 TRACT IV DESCRIPTION Of a 15 . 7734 net acres of land being out of Lots 40 thru 42, 46 thru 49 and a portion of a 30 foot wide road right-of-way, as platted of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 15 . 7734 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No. 9105756 ) BEGINNING at a 3/4 inch iron rod set for the common line between the John Dickinson League, Abstract No . 9 and the Sarah McKissick Survey, Abstract No . 151 and being located North 44 ' 58 ' 21" East, 2908 . 72 feet from the South corner of said Falcon Ridge Subdivi- sion and the common corner for the said John Dickinson, Sarah McKissick and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, at 158 . 20 feet passing the • North corner of said Lot 46, at 189 . 84 feet passing the West corner of said Lot 40 and containing in all a total distance of 1159 . 97 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 28 ' 09 ' 38" West, 1 . 17 feet; THENCE South 27 ' 05 ' 47" East a distance of 131 . 37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 27 ' 32 ' 29" West, 1 . 27 feet; THENCE North 44 ' 52 ' 11" East a distance of 400 . 13 feet to a 3/4 inch iron rod set in the West right-of-way line of F.M. 518 ( based on a 140 . 00 foot wide right-of-way) ; THENCE South 24 ' 08 ' 05" East along the West right-of-way of said F.M. 518, a distance of 135 . 94 feet to a 3/4 inch iron rod set for an angle point in said West right-of-way line; THENCE South 7 ' 26 ' 08" East containing along said West right-of- way line, a distance of 104 . 40 feet to a 5/8 inch iron rod found for an angle point in said West right-of-way line; THENCE South 24 ' 08 ' 05" East containing along th West right-of-way line of said F .M. 518 ( based on a 200 . 00 foot wide right-of-way) , a distance of 26 . 31 feet to a 5/8 inch iron rod found for the common line of said Lot 42 and Lot 43 of said Slone Subdivision; Page 1 of 2 DESCRIPTION CONTINUED THENCE South 26 ' 29 ' 10" West along the common occupied line of said Lots 42 and 43, a distance of 1031 . 69 feet to a 3/4 inch iron rod set for the South corner of said Lot 42, being in the Northeast right-of-way line of said 30 foot wide platted road; THENCE South 26 ' 26 ' 42" West, at 30 . 00 feet passing the East corner of said Lot 49 and continuing along the common line of said Lot 49 and Lot 50, a distance of 180 . 00 feet to a 3/4 inch iron rod set for corner in the common line of said Lots 49 and 50; THENCE North 63 ' 33 ' 18"West, 150 . 00 feet Southwest of and parallel to the Southwest line of said 30 . 00 foot wide platted road, a distance of 785 . 51 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 708, 935 square feet or 16 . 2749 acres of land, save and except 21, 847 square feet or 0 . 5015 acres in said 30 . 00 foot wide platted road, leaving 687, 008 square feet or 15 . 7734 net acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED: 9/14/94 REVISED: 9/15/94 el OF LY R. OSTER BILLY R. FOSTER Registe ed Professional Land Surveyor No . 1609 109 f FOSTER - RAINWATER & ASSOCIATES SURVEYING $UFrI f'J 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170IV Page 2 of 2 • • • Charter Title Company 16850 Diana Lane,Suite 102,Houston,Texas 77058 713/480-1974 FAX 713/480-8389 Z1 22499<f5, October 17, 1994 -CC��`' f„ C,ji EC;L �`l City of Friendswood 6 8 / 9 5'qc-`'' City Secretaries Office 109 East Willowick Friendswood, Tx 77546 Re: Our File Number 94190109 Enclosed is your Owner's Policy of Title Insurance. This policy contains important information about the real estate transaction you have just completed; it is your guarantee of ownership. Please read it and retain it with your other valuable papers. A complete and permanent file of the records concerning your transaction will be maintained in our office under the above assigned file number. These records will assure prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call any one of our offices and simply give them your file number. We appreciate the opportunity to serve you and will be glad to assist you in any way in regard to your future escrow or title service needs. Sincerely, AZiaj CHARTER TITLE COMPANY vie Livery of Seisin ' • • • • • GF No. 94190109 TRACT I • DESCRIPTION Of a 21 . 3925 acre tract of land being all of Lot 50 and part of Lots 46 thru 49 of the Slone Subdivision out of the B .W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galves- ton County, Texas, according to map or plat thereof recorded in - Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 21 . 3925 acre tract being more particularly described by metes and bounds as follows : ( bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 recording no . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 46 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, and being located North . 44 ' 58 ' 21" East, a distance of 2085 . 14 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson League and Sarah McKissick Surveys, and the Mary Fabreau Survey, Abstract No . 69 , from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, a distance of 823 . 59 feet to a 3/4 inch iron rod set for corner; THENCE South 63 ' 33 ' 18" East, 150 . 00 feet Southwest of and paral- lel to the Northeast line of said Lots 46 thru 49, a distance of 783 . 51 feet to a 3/4 inch iron rod set for corner in the common line between said Lots 49 and 50; THENCE North 26 ' 26 ' 42" East along the common line between said Lots 49 and 50, a distance of 150 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 49, being in the Southwest line of a 30 foot wide platted road; THENCE South 63 ' 33 ' 18" East along the Northeast line of said Lot 50, a distance of 234 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 50 and located North 63 ' 33 ' 18" West, 920 . 86 feet (called 921 . 00 feet ) from a 5/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivision; THENCE South 26 ' 26 ' 42" West along the common line between said Lot 50 and 51 of said Slone Subdivision, a distance of 930 . 90 feet to a 3/4 inch iron rod set for the South corner of Lot 50; Page 1 of 2 GF No. 94190109 DESCRIPTION CONTINUED THENCE North 63 ' 33 ' 18" West along the common lone of said Lots 46 thru 50 and Lots 66 thru 71 of saidSlone Subdivision, a distance of 1279 . 22 feet (called 1279 . 80 ) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 931, 858 square feet or 21 . 3925 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 REVISED : 9/15/94 �`� • Att t3tLLY R.FOSTER: J: BILLY R O S T E R :•s, •O cw Regist r d Professional Land Surveyor No . 1609 kie..::9PEss‘dt'::.cay • rs` FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170I Page 2 of 2 GF No. 94190109 TRACT II DESCRIPTION Of a 20 . 2837 acre tract being all of Lot 66 thru 69 of the Slone Subdivision out of the B .W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, according to map or plat thereof recorded in Book No . 254 Page 54 of the Map Re- cords of Galveston County, Texas, said 20 . 2837 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 66 in common line between the said John Dickinson League and the Sarah McKissick Survey Abstract No . 151, also being in the Southeast line of said Falcon Ridge Subdivision and located North 44 ' 58 ' 21" East, 1119 . 17 feet from South corner of said Falcon Ridge Subdivision and the common corner for the John Dickinson, Sarah McKissick Survey, Abstract No . 151 and the Mary Fabreau Survey, Abstract No . 69, from which -a disturbed 2 inch iron pipe was found, 0 . 10 feet North and 0 . 50 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said of Falcon Ridge, Section Three, the Sarah McKissick Survey and John Dickinson League, at 633 . 69 feet passing a 5/8 inch iron rod found for the East corner of said Falcon Ridge, Section Three and continuing in all a total distance of 965 . 97 feet (called 965 . 80 feet ) to 3/4 inch iron rod set for the North corner of said Lot 66; THENCE South 63 ' 33 ' 18" East along the common Lots line of Lots 66 thru 69 and 46 thru 48, a distance of 811 . 22 feet (called 811 . 80 feet ) to a 3/4 inch iron rod set for the East corner of said Lot 69; THENCE South 26 ' 26 ' 42" West along the common line between Lot 69 and Lot 70 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 69; Page 1 of 2 GF No. 94190109 DESCRIPTION CONTINUED • THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots . . 66 thru 69 and Northeast right-of-way line of a 30 foot wide ' right-of-way as platted, a distahce of 1118 . 16 feet (called • 1117 . 70 feet) to the PLACE OF BEGINNING of the herein described tract and containing within these calls 883, 559 square feet or 20 . 2837 acres . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED: 9/14/94 REVISED : 9/15/94 '`��'-� 01 BILLY R F STER , t;1-v „• '� •�',: Regist red Professional Land Surveyor No . 1609 ;l:'� �`� ����'' • FOSTER - RAINWATER & ASSOCIATES SURVEYING "' '� 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170II Page 2 of 2 • GE No. 94190109 TRACT III DESCRIPTION Of a 19 . 6805 acre tract of land being all of Lots 70 thru 73 of • the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, ac- cording to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 19 . 6805 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Sec- tion Three as recorded in Plat Records Page 18 Map 282 recording no. 9105756 ) BEGINNING at a 3/4 inch iron rod set for the West corner of said Lot 70, also being the South corner of Lot 69 of said Slone Subdivision and being located North 44 ' 58 ' 21" East, 1119 . 17 feet and South 63 ' 33 ' 18" East, 1118 . 16 feet from the South corner of said Falcon Ridge Subdivision and the common corner for the said John Dickinson, Sarah McKissick Abstract No . 151, and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 26 ' 26 ' 42" East along common line between said Lots 69 and 70, a distance of 915 . 90 feet to a 3/4 inch iron pipe set for the North corner of said Lot 70; THENCE South 63 ' 33 ' 18" East along the common lone of Lots 70 thru 73 and Lots 49 thru 52, a distance of 936 . 00 feet to a 3/4 inch iron rod set for the East corner of said Lot 73 and being located North 63 ' 33 ' 18" West, 452 . 86 feet (called 453 . 00 feet ) from a 5/8 inch iron rod found for the South corner of Lot 54 of said Slone Subdivision; THENCE South 26 ' 26 ' 42" West along the common line between Lots 73 and 74 of said Slone Subdivision, a distance of 915 . 90 feet to a 3/4 inch iron rod set for the South corner of said Lot 73; Page 1 of 2 GF No. 94190109 DESCRIPTION CONTINUED • THENCE North 63 ' 33 ' 18" West along the Southwest line of said Lots 70 thru 73 and the Northeast line of a 30 foot wide platted road, a distance of 936 . 00 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 857, 282 square feet or 19 . 6805 acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 REVISED: 9/15/94 BILLY/R ./FOSTER :� LALLY R. FOSTER ? Regissional Land Surveyor No . 1609 \� a 1uiF3 FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170III Page 2 of 2 • • • TEXAS OWNER POLICY OF TITLE INSURANCE • Issued by TRANSAMERICA 'I T I LE INSURANCE COMPANY HOME OFFICE 44 Montgomery Street Suite 3450 San Francisco, CA 94104 M B 1178-6 CC: COVE s'TTER ONLY — R.E.C. J.B. HARBOUR TITLE COMPANY 3027 FM 2094, SUITE 100 LEAGUE CITY, TEXAS 77573 (713) 334-1569 FAX (713) 334-1823 ngJOil fq July 27, 1995 cl RF 99S L'' �ry�F F� � cos � City of Friendswood / ��4,p), o\\00 �o Attn: Debris McKenzie, City Secretary /Sl b l BIZ% 109 East Willowick Friendswood, Texas 77546 Re: Our GF No. 94190028 Wesley West Cattle Company and Wesley West Descendants Trust to City of Friendswood, Texas Dear Ms. McKenzie: Enclosed is an original endorsement to be attached to your Owner's Title Policy along with a copy of your Owner's Policy of Title Insurance and certified copy of the Special Warranty Deed. If you should have any questions or if we can be of additional assistance, please feel free to contact our office. Sincerely, HARBOUR TITLE COMPANY Linda Parrish Escrow Secretary /lp Enclosures • • • • ' GF No. 94190028 DESCRIPTION Of a 15 . 7734 net acres of land being out of Lots 40 thru 42, 46 thru 49 and a portion of a 30 foot wide road right-of-way, as platted of the Slone Subdivision out of the B . W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, - Texas, according to map or plat thereof recorded in Book No . 254, Page 54 of the Map Records of Galveston County, Texas, said 15 . 7734 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the common line between the John Dickinson League, Abstract No . 9 and the Sarah McKissick Survey, Abstract No . 151 and being located North 44 ' 58 ' 21" East, 2908 . 72 feet from the South corner of said Falcon Ridge Subdivi- sion and the common corner for the said John Dickinson, Sarah McKissick and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 . 1 feet North and 0 . 5 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, at 158 . 20 feet passing the • North corner of said Lot 46, at 189 . 84 feet passing the West corner of said Lot 40 and containing in all a total distance of 1159 . 97 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 28 ' 09 ' 38 " West, 1 . 17 feet; THENCE South 27 ' 05 ' 47" East a distance of 131 . 37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 27 ' 32 ' 29" West, 1 . 27 feet; THENCE North 44 ' 52 ' 11" East a distance of 400 . 13 feet to a 3/4 inch iron rod set in the West right-of-way line of F.M . 518 ( based on a 140 . 00 foot wide right-of-way) ; THENCE South 24 ' 08 ' 05" East along the West right-of-way of said F .M. 518, a distance of 135 . 94 feet to a 3/4 inch iron rod set for an angle point in said West right-of-way line; . THENCE South 7 ' 26 ' 08" East containing along said West right-of- way line, a distance of 104 . 40 feet to a 5/8 inch iron rod found for an angle point in said West right-of-way line; THENCE South 24 ' 08 ' 05" East containing along th West right-of-way line of said F . M. 518 ( based on a 200 . 00 foot wide right-of-way) , a distance of 26 . 31 feet to a 5/8 inch iron rod found for the common line of said Lot 42 and Lot 43 of said Slone Subdivision; Page 1 of 2 • 111 • GE No. 94190028 DESCRIPTION CONTINUED THENCE South 26 ' 29 ' 10" West along the common occupied line of said Lots 42 and 43, a distance of 1031 . 69 feet to a 3/4 inch iron rod set for the South corner of said Lot 42, being in the Northeast right-of-way line of said 30 foot wide platted road; THENCE South 26 ' 26 ' 42" West, at 30 . 00 feet passing the East corner of said Lot 49 and continuing along the common line of said Lot 49 and Lot 50, a distance of 180 . 00 feet to a 3/4 inch iron rod set for corner in the common line of said Lots 49 and 50; THENCE North 63 ' 33 ' 18"West, 150 . 00 feet Southwest of and parallel to the Southwest line of said 30 . 00 foot wide platted road, a distance of 785 . 51 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 708, 935 square feet or 16 . 2749 acres of land, save and except 21, 847 square feet or 0 . 5015 acres in said 30 . 00 foot wide platted road, leaving 687, 008 square feet or 15 . 7734 net acres of land . WITNESS MY HAND AND SEAL THIS THE 9TH DAY OF SEPTEMBER, 1994 . REVISED : 9/14/94 7,LYREVISED : 9/15/94 ���� '\ \OSIER sl_LY rZ. FOSTER Registe ed Professional Land Surveyor No . 1609 .100 �: lifiN FOSTER - RAINWATER & ASSOCIATES SURVEYING 3425 Federal Street Pasadena, Texas 77504 Phone No . : ( 713 ) 941-0070 Job No . : 94170 WS5/94FILES/94170IV Page 2 of 2 �l y 1.�11i -is 94418 « 009- 98 - 0892, WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE SPECIAL WARRANTY DEED FOREGOING INSTRUMENT. Harbour Title Co ny BY THE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON } WESLEY WEST CATTLE COMPANY and WESLEY WEST DESCENDANTS TRUST ("Grantors"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantors paid by the CITY OF FRIENDSWOOD, TEXAS ("Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these presents do hereby GRANT, SELL and CONVEY unto Grantee all of the following described real property and all improvements located thereon or to be located thereon in Galveston County, Texas ("Property"), to-wit: 15.7734 acres of land being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes; The grant and conveyance hereinabove set forth is made for the purpose and on the condition that the Property so conveyed be used as a public park for the benefit of the citizens of the City of Friendswood, Texas, and that it be held and used for such purpose and for no other. It is further provided that Grantee accepts this conveyance subject to the matters described in Exhibit "B" attached hereto and made a part hereof for all purposes, to the extent the same are validly existing and applicable to the Property(the"Permitted Encumbrances"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging in any way to the Property, unto Grantee, its successors and assigns forever; and Grantors do hereby bind themselves and their heirs, personal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and • ' 009- 98 - 0893 singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Grantors, but not otherwise, subject only to the Permitted Encumbrances. EXECUTED this 15th day of September, 1994. WESLEY WEST CATTLE COMPANY By: lL✓r' Stuart West Stedman, President WESLEY WEST DESCENDANTS TRUST BY: U / ..--� .Jf cV Betty Ann.West Stedman, Trustee By: l!Stuarc77,14 st Stedman, Trustee B , / W. Iods Trustee Grantee's Address: City of Friendswood, Texas 109 East Willowick Avenue Friendswood, Texas 77546 2 0 0 . 009- 98 - 0894 THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by STUART WEST STEDMAN, President of Wesley West Cattle Company, on behalf of said company. .z. .\> '\:•••:*t:li........... * ,._/2 /5 / ' :?(Ji.c,.‘kr \;,\01:-. ?.,= Notary Public in and for / �� v * = the State of Texas cr . ?:B-91 \\\'���� /��//:fe fiilift++\\�\ THE STATE OF TEXAS } ) COUNTY OF GALVESTON ) This instrument was acknowledged before me on the 15th day of September, 1994, by BETTY ANN WEST STEDMAN, Trustee of Wesley West Descendants Trust, on behalf of 'd trust. `+++ttrrriruir�/ ::'.. C) :c i\ t 4-),....a.0'..-; is& e .../,:e/A- :/1 CP . co = Notary Public in and for * .7 c$ ' * S. the State of Texas = Or /":..rritilt0 3 0 - • 009�- 98 = 0895 THE STATE OF TEXAS } } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by STUART WEST STEDMAN, Trustee of Wesley West Descendants Trust, on behalf of said trust. IIII, lutifurrNp 7: x? 9 Notary Public iri and for �% `P-k Q : * _ the State of Texas * 'ATE' 0 (�+ ••FkrPIRES 'Si,,� Fs J1`a-% r'rrmu ii1i111� THE STATE OF TEXAS ) } COUNTY OF GALVESTON } This instrument was acknowledged before me on the 15th day of September, 1994, by W. H. HODGES, Trustee of Wesley West Descendants Trust, on behalflof said trust. /� �IIIIIIni�aurrur,,,� - , Fiw v:. • . O -: Ae (c c/ c Z1:: z° :.,---' '�'•..0) Notary Public in and for cr `" 7 , :- = the State of Texas * 1.• 17,EGFtcr ' , 5 . `$� •Fyr=l? .. .,� 7-8- `,,`, ,�i-lhrrrmii:ig1 k• cityfrw2.doc.docs 4 • Exhibit "A° 009- 98 - 0896 TRACT IV DESCRIPTION Of a 15 . 7734 net acres of land being out of Lots 40 thru 42, 46 thru 49 and a portion of a 30 foot wide road right-of-way, as platted of the Slone Subdivision out of the B.W. Camp Rice Farms in the John Dickinson League, Abstract No . 9, Galveston County, Texas, according to map or plat thereof recorded in Book No. 254, Page 54 of the Map Records of Galveston County, Texas, said 15. 7734 acre tract being more particularly described by metes and bounds as follows : (bearings based on the recorded plat Falcon Ridge Section Three as recorded in Plat Records Page 18 Map 282 Recording No . 9105756 ) BEGINNING at a 3/4 inch iron rod set for the common line between the John Dickinson League, Abstract No . 9 and the Sarah McKissick Survey, Abstract No. 151 and being located North 44 ' 58 ' 21" East, 2908 . 72 feet from the South corner of said Falcon Ridge Subdivi- sion and the common corner for the said John Dickinson, Sarah McKissick and the Mary Fabreau Survey, Abstract No . 69, from which a disturbed 2 inch iron pipe was found, 0 .1 feet North and 0 . 5 feet East; THENCE North 44 ' 58 ' 21" East along the common line of said John Dickinson and Sarah McKissick Surveys, at 158 . 20 feet passing the North corner of said Lot 46, at 189 . 84 feet passing the West corner of said Lot 40 and containing in all a total distance of 1159 . 97 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 28 ' 09 ' 38" West, 1 .17 feet; THENCE South 27 ' 05' 47" East a distance of 131 . 37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch iron rod was found North 27 ' 32 ' 29" West, 1 . 27 feet; THENCE North 44 '52 ' 11" East a distance of 400 . 13 feet to a 3/4 inch iron rod set in the West right-of-way line of F.M. 518 (based on a 140 . 00 foot wide right-of-way) ; THENCE South 24 ' 08 ' 05" East along the West right-of-way of said F .M. 518, a distance of 135 .94 feet to a 3/4 inch iron rod set for an angle point in said west right-of-way line; THENCE South 7 ' 26 ' 08" East containing along said West right-of- way line, a distance of 104 . 40 feet to a 5/8 inch iron rod found for an angle point in said West right-of-way line; THENCE South 24 ' 08 ' O5" East containing along th West right-of-way line of said F.M. 518 (based on a 200 . 00 foot wide right-of-way) , a distance of 26 . 31 feet to a 5/8 inch iron rod found for the common line of said Lot 42 and Lot 43 of said Slone Subdivision; Page 1 of 2 1 1 0 0 9 - 9 E - 0 8 9 7 DESCRIPTION CONTINUED THENCE South 26 ' 29 ' 10" west along the common occupied line of said Lots 42 and 43, a distance of 1031. 69 feet to a 3/4 inch iron rod set for the South corner of said Lot 42, being in the Northeast right-of-way line of said 30 foot wide platted road; THENCE South 26 ' 26 ' 42" West, at 30 . 00 feet passing the East corner of said Lot 49 and continuing along the common line of said Lot 49 and Lot 50, a distance of 180 .00 feet to a 3/4 inch iron rod set for corner in the common line of said Lots 49 and 50; THENCE North 63 ' 33 ' 18"West, 150 .00 feet Southwest of and parallel to the Southwest line of said 30 . 00 foot wide platted road, a distance of 785 . 51 feet to the PLACE OF BEGINNING of the herein described tract and containing within these calls 708, 935 square feet or 16 . 2749 acres of land, save and except 21, 847 square feet or 0 . 5015 acres in said 30 . 00 foot wide platted road, leaving 687,008 square feet or 15 . 7734 net acres of land. Exhibit "A" Page 2 of 2 IIIII 009•- 98 - 0898 EXHIBIT "B" PERMITTED ENCUMBRANCES 1 . Unlocated easement and right of way to White Oil Pipeline Co. , recorded in Volume 323 , Page 291, in the Office of the County Clerk of Galveston County, Texas . 2 . All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as set forth in instruments recorded under County Clerk' s File No. ' s 9305532, and 9305533 , in the Official Public Records of Real Property of Galveston County, Texas . FILED F CR ECORD 94 SEP 21 A.11 9: 44 C%:'t4T Y1CL Fit STATE OF TEXAS COUNTY OF GALVESTON GALVES;'IH ;t;uhT Y 1 ERAS I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on SEP 2 1 1994 c ,U 9:;;;za-ii. Kida-d-ze, c(.1COUNTY CLERK �v-..0. ei...f GALVESTON CO., TEXAS RETURN TO: THE CHARTER TITLE COMPANY 16850 DIANA LANE#102 HOUSTON, TX 77058 03'23/q0 15:39 TCI 7135201172. I40.9=13 P902 02/1 16:31 713 �59 0342 ` 4140^, DOb Sri SCLC 012-- 46 - 0884 NO.332 RELEAsz k�=A O THE STATE OF TEXAS COUNTIES OF GALVESTON § § AND HARR IS The undersigned is the legal and e uitahle owner red holder of a Vendor's Lies, in the principal sum of Five Hundred Ninety-eight Thousand Five Hundred Sixty-seven sad No/100 Dollars (S598,567.O0), executed by Wesley West Cattle Company and Wesley West Descendants Trust, and payable to the City of Friendswood. Texas. The Vendor's Lien is snore fully described in a Deed of Trust, duly recorded under Clerk's File No. 9441875 of the Official Public Records of Real Pivyr.r y of Galveston County, Texas. The Vendor's Lien is secured by a Promissory Note against the property located in Galveston County, Texas, more particularly described by metes and bounds in Exhibit A. attached hereto and made a part hereof for all purposes. In consideration of the full and final payment of all indebtedness secured by the Vendor's Lien described above. the receipt of which is hereby acknowledged, the undersigned Inrphv r`ai► -ease..c the property described boVe et: the City of F : ,.wc from all liens he i by the undersigned securing this indebtedness. Executed this,26)4(day of /n'10,c1 , 1998, in Galveston County, Texas. WESLEY WEST CATTLE COMPANY By: e 7 ``/ Smart West Steadman, President PWDnveST-err a. E OP I1F14432 pblyg 03'23'9E 15:3q TI I - 7135201131 t JO. - F00 s i 02i10i9Q 10:31 OLSON OLSON 713 759 0342 �1467 012- 46 - 0885 140.332 00 WESLEY WEST DESCENDANTS TRUST • BY: ,_c_f_..91/4/11,,A Betty „ West ,►-% Stuart West Stedman, Trustee THE STATE OF TEXAS § COUNTY OF GALVESTON This instrument was acknowledged before me on the D2 G YAda 1998, by Stuart West Stedman. Presidentof Wesley Westy of ���Gh Company Cattle Co mpany, on behalf of said j LONDA CORL �Y G ' : Notary Public,State of Texas f _ My Commission Expires 06 4t-99 f Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF GALVESTON This instrument was aGmowledged before me on the a2 1998, by Betty An West Stedman, Trustee of WesleyWest �Y /�QrG`[ said Trust. Descendants Trust, on behalf of LONDA CORL • 44) Notary Public,State of Texas Notary Public in and for the State of Texas My Commission Expires 06-01-99 y MY Commission Expires: --1—6/ PWDAVESTAILELEASU as umv ,awe 2 03/23/98 15:39 TC I --, 7135201131 f ro.943 P004 713 759 0342• * 02,10/98 10:31 OLSON & OtSON -, 334140? O I 1 �' 6 - NO.332 Pee4A 0 0886 THE STATE OF TEXAS § COUNTY OF GALVESTON Tbis instrument was acknowledged before me on the L.o day of / a r CA 1998, by Stuart West Stedman, Trustee of Wesley West Descendants Trust, on behalf of said Trust_ J LONDA CORL Notary Public in and for the State of Texas NotalYSpate of Texas f won Expires O8-01•99 'My Commission Expires: (e/-S' ma r-REL&sE OF u Aa 3. 03 23'98 15:40 TCI 7135201.131 NO.947. P005 Y:aae fc2i10,58 10:31 713 759 0342 OLSON & OLSON 4 11407 0 1 2- 4 6 - 0 8 8 7 10.33< '00 EXHThIT "4". TRACT DESCRIPTION Of a 21.3925 acre tract of land Doing all of Lot 50 and part of Lots 46 thrs 43. of tbs Slone Sabdiviaioa eat of the a_w_ aloe Fares la the John Dickinson �'on Count', Texas according to l.eitae� Abstract No. 8 Galveston Co• ', ePaget g asp er plat thereet recorded in Book 54 1Ltp accords of 0alvestoa Cvwaty, tosau, said • 21_3626 sore tract being Otero particelarly described _by metes and bounds as follows* (bsartngs based ea the recorded plat Falcon Ridge Scotto* Throe as recorded in Plat Records Page 18 M p 2Sz recording no_ 8105156) SEGIHNING at a 3/4 inch iron rod set for Cis., y eat or of Got t6 in oonoep lino between the- said John CLcktnaon*League ;and the Sarah McKissick Survey Abstract No, 151, and being located North 44'66021• East, '- a distance of 20.6.1E 'foot from South corner 'of said Falcon Ridge SabdtwieLert aped the oeaason corner for the Jobn DtCiansonLeagae and Sarah McKissick 34rveys, tad the Mary ?abreact Sarve9, Abstract No. 68, from which a disterbea 2 Inch lreo pipe was found 0.1 North and 0.64 Bast; THENCE -North 44'68'21' East, along the common line of said John Dickinson attd Sarah MaliClssiok Surveys a distance et 623.64 toot to a 3/4 inch iron rod set for corner; THENCE South 83'33' 18' East, '8O.00 foot youthtr.st of and paral- lel to the Northeast line of said Lota 46 tbru 44 a distance of 783.51 .toot to a S/4 Inch iron rod set for ooraer in the co on line between said Lots 48 and 50; THENCE North' 26'26' 42" East, along the esamoo ltno betwoaa said Lots 43 and SO a distance of 160.00 feet to a 3/4 inch iron rod set ter the East corner of said Lot 49 in the Southwest line of a 30 toot wide platted road; THENCE South &3'33•18• East, along t e Northeast line of said Lot SO a distance .ot 234. 00 feet to a 3/4 inch iron rod set for the East corner of said Lot SO located North 63`39'19- West , a d1s- Lance of 920. 86 tent (called 921 .00 feet ) Cron a s/8 inch iron rod found for the East corner of Lot 54 of said Slone Subdivi - sion: T NCE South 24'2e44r' West, along conmeee Iine said$0 4nd 51 of said Stone Subdtvtsloa a dlatatice ofetween a 0..So feet Ltot o a 3/4 /not iron rod sot for the South comer of Lot 60; l'HSNCZ North 63'33.19e react along the comma lone of said ts then SO and Got* 66 thru 71 of Said Slone snt�+bdivialaa, a dos 46 of 12Z9.22 feet (called 1279.40) to the PLiC2 OP BRGIYNIltG et a herein deeerLbed tract and costal:an/ within these calls 831f8S$ square foot or 21.3926 scree of land. Page 1 of 5 03/23/9E 15:40 TC I - 7135201131 f JO.q47 POOE, • Bl2/16�9 10:31 713 r 59 0342 OLSON & OLSON 3341407 012- 46 - 0888 ► O. /� K " TRACT II DESCRI1'TI ON at a 20.2517 acre refer beI Qt a 20.Z$3 out of the B eIng all of tot 68 thtu 68 of rho Slone League, Abstract No. 8 Galveston Count Ms In Ike John Dickinson or .91st thereof reoosdsd is 4 Texas aeaorR.o to cot GaIvont t erect Rook fie. 264 Page S4 Map R .00nds of Gnives.ton Cy witty,dosor bTe�, sale! 20.2832 acre tract b`Iag more based on the recorded plat Falcon Ridge tos sod SeectionoThr+,as rscorded in Plat Records Pate 18 � <b�r i a;s P 282 R.eoording Mo. .4441740) BEGINNING at a 3/4 Inch iron rod set for Lot 66 !tt comaipn Iine �ht 'Rest career of said the Sarah ammo between the said Jo In Dtoktssoe Laaree ae4 si.ak Survey Abstract No. 461, also bring is the Southeast line of said Falcon Ridge S+tbdivisioa and Iocated North 44'$8421. East, a distance of 1119.1t feet from South corner of said Faleea Ridge Subdivision and the common corner tor t it, 4ohn Dickinson, Sarah EOKlssick Abstract No. 181, and the fury Fabedim Survey Abstract No. 6n, from wkieb a disturbed 2 inch iron Pipe was found 0.10 North and 0. 60 East: TWICE North 44'58'21- Zest, along t Fa1cett Ridge Seotioa Three,- The Sarah Me` Coo k Inge of seta e- aan League at S13_S9 foe! MKl;sick and Joke Dielcta- thesen East cog er Passing a Ste inch iron rod found for �' of said Falcon Ridge Section Three and cent inatag in all a total distance of 865.97 feet (called 666.80 3/4 snob Iron rod set (or the North corner of said Lot 6Geet ) to THENCE South 83'23'18" East , along the common Lots line of Lots s 86 th and 46 tbru 48 a distance of 811.22 feet (cal14d feet )to a 3!4 Inch from rod set for the East of said Lot 8s; THENCE South 26' 20' 42- Nest, along the co and Let 70 of said Slone Subel.tstoa a �oA lime a 61$. 90n Lot62 3/4 Inch Iron rod sot for t1.o South eoraerot soldLot se; LJ TICENCE North eS'a3'18- Wont. alongthe Lots 66 tbre es and Northeast rigt-of _wayxh oc Lot tine et said right-of-spay as piattvd s distance y Ilse 16 a 30 toot Klee 111l.TO feet ) to the tt,ECE sF of 1118_16 tee{ Codeine feet or 20_z80t acres. BEGINNING eostlala= 851, s$8 sQgara - Page 2 of 5 03"23%98 15:40 TCI - 7135201131 tJO.943 P007 713 759 0342 02/10i98 10:32 OLSON 8 OLSON 334140? 2- 46 - 0881 ,NO.332 P007,00 Exumgr "A," ( TRACT lit DEaCRI PT I O.N 4t a 13.6806 acre tract of Laud being all of Lots 70 (bra T3 of the Slone Sabdtrlslora out of tbo S.W. Dickinson League, Abstract No. Cton Rice Farce in the John leg to map or plat theroot recorded oo 4C No. Texas acoacQ- Records et GaIi eaton COeat Te f Leo. No. 254 Pare t 1 g more Y, �. �aiA 2S.6E08 sore tract b41et (bearings tibasedlon eke�ceeorded ibod plat Faes leoe Ridge;Section as 1e31sa.s = Three as secot•ded in Plat Rewords Page IH Map 2a2 reeordiat no. si0575e) BEGINNING at a 3/4 inch iron red set for the West ooraer of staid Lot 70 elso being the !loath corsair of Lot 40 of sail SIone Subdi- vision and being /coated North. 44'S8.2;3' $test, a dIst:ante at 13-1$.I/ feet and South 6E'33.18' s distaoee of 1I18_1.6 toot froth the South torpor of said Falcon Ridge Suilidiviatoa and the common • corner for the said John Dickinson. Sarah 3deiCissick Abgtraet No.151, and the Mary P'abrcatc Survey Abstract Me. 68 trots which a disturbed 2 inch iron pipe was found 0.1 North a cad 0.5 Easti THENCE North 26.26'42- 6aat, along ooamon line between said Lots 62 and 70, a distance et $15.26 foot to a 3/4 inch iron pipe set for the North corner of said Lot TO; - - 11(&(cE South 63"33'18' first, along .the common lone of Lots 70 thru is and Lots 49 thru 52 a distance of 935_O0 feet to a 3/4 goon iron rod set for the Ea..st corner of said Lot 73 and being located North. G3'3II'18" Nest, a distance et 492.8e test (c:ailee 451.00 feet) from a S/8_ inch lroa red found for the South corner of Lot 64 of said Sloec Subdivision; THENCE South 26-26' 42' West, along the ooemoa •1 the between Lots 73 and 14 of said Slone Subdivision, a distance et SIS. 90 feet to a 3/4 inch iron rod set for the South corner of Lot 73; THENCE Norris 63'33' I8' West, along the Sostbw3st line of sa.sd Lots TO tbra 73 and the Northeast lino of a 30 foot wt4e Platted road, a distance of 836_OO feet to the PLACR OF eontaintnr %within these calls 887,282 cleave foot EEGor'Hi1' 9.'6IS 805 acres of land . Page 3 of 5 03/23/98 15:40 TC I -' 135201131 t10.947 Poo' • 713 rjy 0342 • 02/10,98 10:32 OLSON & OLSON -> 3341407 NO.332 P00& /00 012- 46 - 0890 Err "A" ( TBACT Iv omBCFIPTtON Of a 15.7734 net acres of land being oat of Lots 40 thro 42, 46 thto 4-9 and a portion of a 30 toot via. teed r 19bt-of-l.sy, ar platted of the Blond Subdivision out of the H.W. camp Ric. trs:lao in the John Dickinson League, Abstract -No. 9, Galveston Co+enty, Texas, according to asap ox plat titer*** renesdsd in Book Bo_ 254, - Vaqa 54 of the Map Records of Galveston County, Texas, said 16.7734 ante tract bot g more particularly described by metes end bounds as follows: (bearings based on the recorded plat Falcon Ridge section Three as recorded is Plat Records Page 18 Vatg 202 leeerdlag Ko_ 8105756) E301)INING at a 3/4 inch iron tad set for the common line between- the Jolla Dickinson Lasagne, Abstract No. 9 and the Sarah McKissick Survey,. Abstract No. 151 and briny located North 44'58'21° fast, 2908.72 feet from the South corner of said Falcon Ridge Oub01vl- aion and the ooainoe corner for the said John Dickinson, Sarah 14aKiss Lett and the Nary Fabreau Survey, Abstract Ko. 63, from which a disturbed 2 inch iron pipe was faunk, 0. 1 teat Beath sad 0.5 feet Butt; 3`TDN= Borth 44'681214' last along the coalmen lies of said John Dickinson and Sarah McKissick 9erveya, at 156.20 feet passing the 102tb etzAir of said Lot 4i, at 189.84 feet passing the West Cotner of said Got 40 and contemning in all a total distance of 1159_97 teat to a 3/4 inch Iron roes set for Corner, from Which a 5/8 inch iron rod waa found North 28 •O913a" vest, 1.17 feet; GCB. South 17'05'47" Bast a distance of 131.37 feet to a 3/4 inch iron rod set for corner, from which a 5/8 inch -iron Sod was found Borth 27'32'29° Vest, 1.27 feet] TEEKCE North 44'52'11• East a distance of 400.13 fast to a 3/4 inch icon rod set in the West tight-of-way line of F',M. Sia (based on a 140.00 foot wide right-of-stay); THENCE- South 24 "0e'0S® Beet alozq tit west right-of-way •.f said F.M. 518, a distance of 13$.94 feet to a 3/4 inch iron rod net for an angle point in said West right-of-way lint; TKiiNCE South 7'241OeE Bast containing along said Woot right-of- 7-Tay line, a distance of 104-.40 feet to a 5/8 inch iron rod toand for an angle point in said Vest right-of-away lino; TUBNCE South 24'08.05" East containing along rh west right-et-wax • line of said F.1'i_ 518 (based on a 200.00 foot wide right-aE- (ay) . a distance of 26_31 feet to a 5/6 inch 1 z 0 1 rod found for tilt common line Of said Got 42 and Lot 43 of said Slonts SubdiV1440n; Page 4of5 03 23/9E 15:40 TCI 7135201131 fJO.943 P009 92z1 .' 10:32 713 759 0342 a SON t oLSON 4 "3341407 Peenvee o 1 2- 46 - oa9 1 ,N0.332 . 64 II aR1Et M= Booth 24.23. 10- groat atosQ the COMOiOa yi L9ts 42 en 4.3. a dista of 1031.69 feet toad 3/4ne1 Iron rod set tar the south corner of said Let 42, of tb Hartbeest riet-of-way line of Said 30 foot wide being An me platted roads THEW THEW= South 26'26442• Vaat, at 30.00- fact CotUnr at said Lot 43 sad continua passing thei east Said Lot 49 and Lot $0, a G a along the Co»n lift, of all iron Lot set for corner in of 1a0.0e feet to a 3/e in SO; common lino of said Lots eg asd ?SB:it= Bartle 63'33`18'vest, LS0.00 feet Southwest of and IIsr4112.411 to tho sontgb neat liste of said 30.00 foot %ride platted road a distance of 705.61 fret to the Pi rem oP ummumnic of the, h enetn described tract and containing vitmin thane calla 708,336 sgeasc -feet or 16.2749 acres of land, Suva sad except • or o_SCIS acres in said 30.00 foot pride 21,847 a road,, le fiat et square foot or 15.7734 hat acres of land. aviaq f:)k6b0,(21..i a'.1Xa ) • ?tip lerd RDCGid 4111 /(1 - • „ Iirrufik_ditpcca) T.6775-'(- 0 �iLLU J REuu J ,U • • OFFICIAL F'II LM RECORDS OF REAL PROPERTY • RECORDER'S MEMORANDUM At the time of recordation,this instrument • was found to be inadequate for the best 4—j_fig 14 42 PM 9814202 photographic reproduction because of it STOVER-1 $t•].OU legibility,carbon or photo copy,discolored F'at ricia Ritchie, , paper,etc. All blockouts, additions and County Clerk changes were present at the time the ins GALS EST ON Ctii)�r I Y. 1EXAS ment was filed and recorded. 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