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Storm Sewer Easement - Glenshannon Drainage Project - Boone Family - 5 WILDERNESS TRL (2)
RECORDED AITHE REQUEST OF FIRST AMERICAN Illillllllllllilllillllllllllllllilllllifllllll�llllllllllil 2007057347 20 PGS STORM SEWER EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § /ro THAT Virginia A.- Boone, C. Robert Boone, and C.R. Boone and Family, Ltd.,hereinafter 44'�' referred to as "Grantor," for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid by the City of Friendswood, a home rule municipal corporation located in Galveston and Harris Counties, Texas, hereinafter referred to as "Grantee," the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the said Grantee, its successors, assigns, and legal representatives, aperpetual easement (" the Easement") for the sole purpose of constructing, reconstructing, repairing, and maintaining one underground storm sewer line or conduit ("the Facility"), in, under, over, along, upon, and across that certain 31,664 square feet of land, more or less, same being more particularly described in the metes and bounds description in Exhibit "A" attached hereto and for all things made a part hereof, and as further depicted in Exhibits "B 1" and "B2" attached hereto and for all things made a part hereof ("the Easement Property"). TO HAVE AND TO HOLD, subject to the limitations set forth below, the above-described Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, including all necessary rights of ingress, egress, and regress, unto the said Grantee, its successors, assigns, and legal representatives forever, subject to the reservations to Grantor set forth herein. And Grantor does hereby bind itself, its heirs, executors, administrators, successors and assigns to warrant and forever defend, all and singular, the said Easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof,by,through, or under Grantor,but not otherwise. Grantee may do and perform all acts within the Easement Property necessary to construct, reconstruct, repair or maintain the Facility depicted in Exhibit "B 1","B2" and "B3" ,to, operate thereon all necessary machinery and equipment to prosecute the work efficiently, and to remove such machinery and equipment as soon as reasonably possible upon completion of the work. 9 7tl,3 50 -6 VS Grantee shall provide Grantor reasonable prior notice in writing in the event Grantee desires to reconstruct, repair, relocate or maintain the Facility, such written notice to describe in reasonable detail the work to be performed, the date the work will commence and the anticipated date of completion. Notwithstanding any other provision contained herein to the contrary: 1. Grantor retains for Grantor and Grantor's heirs, successors and assigns any rights not expressly granted to Grantee herein, including, but not limited to, the right to continue to use and enjoy the surface of the Easement Property, the right of ingress and egress over and across the Easement Property, the right to erect or construct fences, driveways and sidewalks (but not the right to erect permanent buildings) on the Easement Property, and, subject to the limitations set forth in Paragraph 7 below, the right to plant trees, shrubs and groundcover thereon, and to use the surface thereof for any additional purposes not inconsistent herewith; provided however, no such use of the surface of the Easement Property by Grantor, or by any heir, successor or assign of Grantor, shall unreasonably interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes set forth herein. 2. Grantor shall retain title to all of the oil, gas, sulfur and other mineral interests in and under said Easement, but expressly waives any and all rights of ingress and egress to the surface thereof for the purpose of exploration, developing and/or mining. 3. Grantee shall improve and maintain the Facility at its sole expense. Grantee shall, after performing any work in connection with the construction, reconstruction, maintenance, repair, replacement or removal of the Facility within said Easement, restore the surface thereof to the condition in which the same was found before such work was undertaken. 4. Grantee warrants and represents that the location of the Easement described in Exhibit A is accurately and correctly depicted in Exhibits "Bl" and `B2". Grantee shall construct the Facility entirely within the Easement Property, in substantial accordance with the plans and 2 specifications set forth in Exhibits `B I", `B2" and `BY, and within thirty (30) days following completion of construction of the Facility, shall provide Grantor with "as built" drawings indicating the precise location of the Facility within the Easement Property. The Grantee shall, upon commencement of construction of the Facility, effectuate and complete such construction, remove all equipment and restore the surface thereof to the condition in which the same was found before such construction was undertaken ("construction completion"), within six (6) months after the commencement date. Grantee shall pay Grantor$250.00 per day for every day construction completion extends beyond the completion date. 5. Grantee shall not alter the grade of the surface of the Easement Property in any manner that changes the impact or flow of surface waters or current drainage patterns on, over and across said Easement Property as such existed prior to Grantee's construction and occupancy thereon. 6. Grantee's Facility and the construction, replacement, removal, maintenance and/or repair of the Facility, including without limitation any water outfall from or into Chigger Creek or otherwise resulting from the Facility or Grantee's construction, replacement, removal, maintenance and/or repair thereof, shall not (i) negatively impact or otherwise alter the surface flow or current drainage patterns on Grantor's property, said property of Grantor being more particularly described in Exhibit "C" attached hereto and for all things made a part hereof ("Grantor's Property"), or (ii) increase flooding and/or extend current flood plain boundaries on Grantor's Property in any respect, and Grantee shall take extreme care to construct and maintain the Facility so as not to increase the flooding on Grantor's Property at any time, during or after construction of the Facility. The Facility shall not be constructed on any portion of Grantor's property outside the Easement. 7. Grantor reserves the right to plant trees over and across those portions of the surface of the Easement Property that are not immediately above the Facility, and Grantee shall use it reasonable, best efforts to preserve as 3 many trees and flora on the Easement Property as possible during the construction of the Facility. 8. Miscellaneous. a. Equitable Rights of Enforcement. This agreement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions shall be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and shall be obtainable only by the parties to, or those benefited by, this agreement; provided, however, that the act of obtaining an injunction or restraining order shall not be deemed to be an election of remedies or a waiver of any other right or remedy available at law or in equity. b. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. C. Choice of Law. This agreement shall be construed under the laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue shall be in Galveston County, Texas. d. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Easement does not preclude pursuit of other remedies in this agreement or provided by law. e. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 4 f. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement is for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. g. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Easement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. h. Recitals. Any recitals in this agreement are represented by the parties to be accurate, and constitute a part of the substantive agreement. i. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date for performance will be the next following regular business day. 5 Future Damages. The consideration accepted by Grantor and paid by Grantee for the grant of this Easement is not to be interpreted or construed as, and does not constitute, damages, if any, that may result from a subsequent breach of Grantee's warranties, representations and/or obligations set forth in this Easement. In the event of such a breach, Grantor shall have an independent and separate cause of action against the Grantee, and the consideration paid by Grantee to Grantor for this Easement shall not preclude, effect or negate such a cause of action by Grantors for damages and /or injunctive relief, or in any way constitute an offset of any damages suffered as a result of such breach or other wrongdoing. k. Force Majeure. A defaulting party shall not be liable to the non-defaulting party for damages or losses.on account of failure of performance by the defaulting party if the failure is occasioned by war, fire, explosion, flood, strike, lockout, embargo, or any other cause beyond the reasonable control of the defaulting party, provided that the defaulting party claiming force majeure has used all reasonable efforts to avoid or remedy such force majeure, continues to use such efforts and promptly notifies the non- defaulting party of such force majeure event, This conveyance shall be subject to any and all matters of record which affect title to the property referred to herein. IN WITNESS WHEREOF, this instrument is executed this 93 day of 5 , 2007. GRANTOR: Virgini Boone, individually R• 6 C. Rob�rt Boone, individually C.R. Boone and Family, Ltd. By: cj� C. Robert Bookie, general partner By: Virginia B ne, general partner t2 GRANTEE: City of FriendswoN- Z— bv'i-d By: e�J. H. Smith Mayor ATTEST: By: Deloris McKenzie, TRMC City Secretary ADDRESS OF GRANTOR: Dr. C. Robert Boone #5 Wilderness Trail Friendswood, TX 77546 ADDRESS OF GRANTEE: City of Friendswood, Texas 910 S. Friendswood Drive Friendswood, Texas 77546 7 ACKNOWLEDGMENTS THE STATE OF TEXAS § �Q.COUNTY OF G-ALN7E5Teqt § BEFORE ME, the undersigned Notary Public, on this day personally appeared C. Robert Boone and Virginia Boone, the General Partners of the partnership of C.R. Boone and Family, Ltd., known to me �be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that the same is the act of the Partnership, and that they executed the same as the General Partners for the purposes therein stated. GIVEN under my hand and seal of office, this , day of Atqtj,9,t , 2007. MAY LIIr1DA K. PARRISH i Notar blic In and For the State of Texas Notary public,State of Texas my commission des o&19-M My Commission Expires: U3 49-a o of � r . THE STATE OF TEXAS § COUNTY OF jr V HA,R.R.IS BEFORE ME, the undersigned Notary Public, on this day personally appeared David J. H. Smith, Mayor of the City of Friendswood, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said City and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this 9.3 day of jQ l.(q C>s't , 2007. LINDA K. PARRISH Notar blic In and For the State of Texas Notary public,State of Texas my cc ; Exv�es a19-zoos My Commission Expires: 03 6 l" 8 STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on All j6 �3 , 2007 by Virginia P Boone. Fir LINDA K. PARRISH Notary Pt�l�,Scale of Texas Notary Public in and for the STATE OF TEXAS My Commission Expires a19-2= S ATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on USf 3 2007 by C. Robert Boone. 7CY- LINDA 1'� .7PARRISH Notary Public in and for the STATE OF TEXAS 9 EXHIBIT "A" All that certain 31,664 square feet out of Lots 1-4, Block 1,Central Park Subdivision according to the plat thereof filed in Volume 105, Page 151 Galveston County Map Records and being out of that certain tract described in a deed!dated 01=25-2005ftorn Virginia Mn-Rogers-Boone;TT-ustee to,C:R. Boone and Family,LTD as,filed in Official-Records of Real Property of Galveston County at Clerk's File Number 9505351, Film Code Number 010-23- 2629 and being out of that certain tract described in a deed dated 04-09-1970 from W. Frank Lenoir to Carroll L. Boone filed in Book 2105, Pg. 400 Galveston County Deed Records and being more particularly described by metes and bounds as follows(bearings based on the northeast property line of the vesting deed 9505351 010- 23-2629 to be S 440 11'11"E); Commencing at a found 3/4"iron pipe marking the southwest corner of that certain tract described in a deed dated 05-17-2001 from Alfreda Gill Malone to Alfreda Firouzbakht, et ux as filed in Official Records of Real Property of Galveston Country Clerk's File Number 2001024967, Film Code Number 015-62-2388; Thence S 460 10'26"W— 15.00'with the easterly right-of-way line of Wilderness Trail to the POINT OF BEGINNING of herein described tract; 1. Thence S 440 11'11"E— 1,088.48'to a point for corner; 2.Thence S 070 21'04"E— 109.43'to a point for corner; 3.Thence S 050 30'20"E—85.75'to a point for comer; 4. Thence S 810 18'05'W— 14.89'to a point for corner; 5.Thence N 140 25'39"W—27.47'to a point for corner; 6.Thence N 680 46'S9"W—6.58'to a point for corner, 7. Thence N 050 30'20"W—56.09'to a point for comer; 8. Thence N 070 21'04"W— 100.70'to a point for corner; 9.Thence N 440 11'11"W—1,080.30'to a point for corner, 10. Thence N 460 10'26"E—25.00'with the east line of Wilderness Trail to the POINT OF BEGINNING and containing (31,664 square feet) of land more or less. EXHIBIT B1 WILDERNESS a N u N +� O a � TRAIL So C j Dim OAm 2z z- m lsi __ vw �g2 —:E r' �Z�O pTnO OS =mr z z C AO om Nvo mn ml ACCy c ry m A O.0 nA r ` ~ m r E� o �mnm 00i mo z,+JOuf A=0 2 'ld -14::: 1 Z� I TTl X. 00 O o ro c MA m jmv N I N O On �J O NmZ ozyO r"z T o y �y zno y� y mr 'm� m� I i $--im S oor� p _ w f'- D �oyp�p N+t �� �j C_7 Z y yZ OC 0 So zz !' I l) Z Nz f) Nr O, �� OZ Cm uNi (7 �� Mo m'm I D d _� z= mw m- o uno C tmn�o o� 0 04 iop OA O IJ,'� z Ni Gy1 1yV I w m rn o M Q to tD a d 4 0rrl I � - zN 7,0 � � I CL I . 9y, pg Oj 0 §9 is I '!-1 rt FIE = Z Q= Z = 0 0 0 % o o c �! v y a J. \vY= [RJ [RJ m NOy 'A R2 d Z o O a [44 m N CD - e � z rt o oZ 3 oo z Z . �rail (Arn�O D U) c: 2 Q ,D (I oD > x �P� MM :3r - I Z7 c „ - r^ a) c (D 0 O m TI p NORTNWEST PROPERN .r a) 'b C7 ♦ SA4E AND EXCEPT TRACT z p 0 T.O 0.1 4 N kb (91pSJ3i oro-zrzrZ') I 'i I � w z o o -t g- ; z x v m � Z O i N m V Q ,.,�, / 1N MATCHLINE 'A-A" y N a FOR CONTINUATION SEE SHEET 2 OF 2 EXHIBIT B2 MATCHLINE 'A—A" U w N FOR CONTINUATION SEE SHEET 1 OF 2 A o AAji JJmo S oc O§A o0m AAA + o ' . 4 1 ;a,sm yyp�z zNi of 0rA Nvp ^ZO `E -. =T5C p< x �z Ohm �o ///,x 1 -I �I OO p �d iXF; �A .A yy m my m z as z 0umi Az0 zo O mmy mCN C.y I`y//{/ I rl .i ppO= p�Z,' NZO O9 /`�q�� m V CRmZ C NA �mx C� gym $ Z�O 11 �!^mz oar �Q'i cBR 50. zz p mn nm = o 0 I Y p7O �y m Mirrn p u JO Nrn� p rn� ppz �� p Oz $tea A t!i �^= Ux xm z o m C n m m z 5001N£ASr L/NE LOr!, BCOCK J' H,�z m __ — . {S rNE15r LINE tor r, BLOCK J' m N N o r v NORThwsr LINE LOr 1, BLOCK J' L�'�NQRrNWESr LINE LOr Z, BLOCK J' c ( — W m;D Cn f�t1 0 I 4 I r r` (P :0 Q ' Mmm SourNEasr PROPERrr LINE OEnC7 S+vE AND EKCEPr TPACr C' .. v m IV (9305l51 0I0-23-2829) X `� °d, Y Y wS•,� C N p• = x 2 Z ;t h N1 to 0 / -� s Md Oki m0- \\ / a � Xr 0 a d o aC � O 4] ; rz) `_ OM 0 2 m QUp IV o m� O L'� ggp� o d V c O � On 9 a ; OD Nfix o cCn q 1° o d 0�; p n 3 Z Lo ° = d d O CD Or rn tv a C �� � O \ `g c� ) -D C� i OCC:,) rN0 cn D C x m �y m ` •x rn O 0 D I D „�R° —I / O $ z� com ;p \ v no co o On < � 0 7 D N i Two Q O, O 4 n Q Z7 Z Q m � � •� Ar ka i.�y~ q A N i. �� • R EXHIBIT B3 ADS, Inc. Drainage Handbook Specifications ♦ 1-6 ADS N-120 PLAIN END PIPE SPECIFICATION Scope This specification describes 4-through 60-inch (100 to 1500 mm)ADS N-12 plain end pipe for use in gravity-flow drainage applications. Pipe Requirements ADS N-12 plain end pipe shall have a smooth interior and annular exterior corrugations. • 4-through 1 0-inch (100 to 250mm) shall meet AASHTO M252,Type S. • 12-through 60-Inch (300 to 1500 mm)shall meet AASHTO M294, Type S or ASTM F2306. • Manning's"n"value for use in design shall be 0.012. Joint Performance Pipe shall be joined with coupling bands covering at least two full corrugations on each end of the pipe. Standard connections shall meet or exceed the soil-tight requirements of AASHTO M252,AASHTO M294, or ASTM F2306. Gasketed connections shall incorporate a closed-cell synthetic expanded rubber gasket meeting the requirements of ASTM D1056 Grade 2A2. Gaskets,when applicable, shall be installed by the pipe manufacturer. Fittings Fittings shall conform to AASHTO M252,AASHTO M294 or ASTM F2306. Material Properties Virgin material for pipe and fitting production shall be high density polyethylene conforming with the minimum requirements of cell classification 424420C for 4-through 10-inch(100 to 250mm)diameters, and 435400C for 12-through 60-inch(300 to 1500mm)diameters, as defined and described in the latest version of ASTM D3350, except that carbon black content should not exceed 5%. The 12-through 60-inch (300 to 1500mm)virgin pipe material shall comply with the notched constant ligament-stress(NCLS)test as specified in Section 9.5 and 5.1 of AASHTO M294 and ASTM F2306 respectively. Installation Installation shall be in accordance with ASTM D2321 and ADS installation guidelines, with the exception that minimum cover in trafficked areas for 4-through 48-inch(100 to 1200 mm) diameters shall be one foot(0.3 m) and for 60-inch(1500 mm)diameters,the minimum cover shall be 2 foot(0.6 m). Contact your local ADS representative or visit our website at www.ads-DiDe.com for a copy of the installation guidelines. OD X-Di Pipe Dimensions Nominal Diameter Pipe I.D. 4 6 8 10 12 15 18 I 24 30 36 42 48 60 _ in mm) (100) 150) 200�_ (25� 300� (375L 450L��00� �50� IL90� 105� �1200 1500 Pipe O.D.' 4.8 6.9 9.1 11.4 14.5 18 21 28 36 42 48 84 67 in(mm) __(122 175 ' 231ZL 290 368 457L (559)L(711 (914 1067 1219 1372 1702 Perforations All diameters available with or without perforations. 'Pipe O.D.values are provided for reference purposes only,values stated for 12-through 60-inch are±1 inch. Contact a sales representative for exact values. ©ADS,Inc.,February 2007 EXHIBIT B3 (continued) ( Pr. E E $ z : v _� � " �► 8� R �i .f� i Sq C r a� ral frJ sY •� b 8 � < �R m q� p �� �z�:z l N{ N1 t,�• � x y�. �� E'r ------------------------- laid b , • '' fit.` � . ,. �"�=q, � p�' ��,_ �, � ;•"y�. ."�;: pd�w86g•; "9p .,,�,' bb.,,,,y� ,e:�m,w,i,�rM:r �,�wa,�.w.„. If paR�p t � a. .. \ es.t.rrwa•; 1 .. �.. 1 . 11..........1 t aQ 25 � m i ry 5 . a P EXHIBIT B3 (continued) Ov v Ins ji.T ................. W ..............r................... .......... ........... T.......... .................. ..... ........ 1. �'1!4!�, ...................----- .......... ......... .......... ..................... ........... ............. ,4 1. ........................ ......... ............ ............ 4a, ........................ ........... ..............- ................11 11 T IJ OZ+(L L VIS 3NIIHDA." .......................... ............-- ........... • • ................ ............ .......... .. ......... ....................... ........... j .... .................. ............................. .............. -J ............................................ J IN EXHIBIT B3 (continued) Z '9 14 Pie�4 10, A 15 p :1:::::::::1:: �.:' f ` f f CN. ........... 00+9 V11S 3N11H%vv4v..1-.._....1...`VJ......._..�.1,�::.::(::u ............ :1::..:::[.:4_ -18 it i k! 66 FFt ................. ............. 't � it a � � `+ e� , �0. .., �1 ..`•,.... \,. , .. ............ ...... ...... ..... -73.......... t. Ait fi A itd; • ........... S ..... ............... L x5i .......... .......... ............ SnN3AY "2Y-70MO0NO? 01 kinQ ..... 7y �a 1 I cal tT'L c,1 I c.� I rxr� (c 1 .t� r(v� i r_:, „ .: '4 '4 EXHIBIT B3 (continued) lilt 14 JIM it !,I III "W gw�41 I low 00+01 VIS 3,Nl1M3iVn N ........................ .. .... ..... j" ................................. ............. ................ ........... .......... ........... .......... .............. ............... .............. .................... .......... ................ .. ....... . ....... A, VI 00+9 ViS 3NJIH31VA 9 1 EXHIBIT "C" 010-23--2632 10.9212 &ores of land out of Tract 2. as described in Vol, 2041, page 400, Of the Galveston county- Oesd Records•In the Borah Noxisslok League, A-151, oalveston County, Texas. said tract being store fully described by states and bounds as foliwsz BEGINNING at a 1• iron pipe in fence corner, being the most northerly corner of the aforementioned Tract 2 and Is.9232 acre tract herein describeds TBENCS 5 44' 21' 11' L with fence line parking the Northeast lino of Tract 2,.' 1344.42 ft. to a 1' iron pipe in fence corner marking the most Easterly corner of the 10.9232 acre tract horsin described; THENCE 2 46' W 03' N with fence line 148.75 ft. to a point to centerline of Chigger Creaks TH=CS with the following courses and distances up the centerline of Chigger Creek to a point, being the post Eouthorly corner of the 10.9233 acre tract herein described, N 71' 11' 16' 0 - 32.42 ft. N 0' 14' 16' W - 52.03 ft. N 43' 25' 30' W - 20.73 ft. B $7' 05' 49' W _ 40.41 ft. 6 69'-45' 29' W - 48.39 ft. 5 22' 00' 40, W - 16.11 ft. 5 30' 25' 521 E - 56.00 ft. a 60' 21. 03' E - 43.28 ft. a 22' 24, 22" E - 19.24 ft. a 3' 10' 54, L - $9.40 ft. 5 20' 461 44" W - 14.51 ft. 5 61' 06' 30" W - 44.36 ft. N 75' 59' 19' W - 50.00 ft. a 54' 22' 29' W - 10.23 ft. THENCE N 43' 33' 32" W crossing a 1' iron pipe at 292.09 ft. in 1253.57 ft. to a 1' iron pipe in fence line, said Point being in Northwest line of aforementioned Tract 2 and parking the most Western corner of the 10.9232 acre tract heroin described; TZtEIICE N 46' 10, 2.6' iS with said force line along Nortbwast line of Tract 2, 3$2.52 ft. to the PLW2 by BEGINNING and containing 10.1332 ammo O9*1006, at or less. EXHIBIT "C" (continued) All that certain 3.7145 Acre tract of land out of Tract 2 as described in Volume 2041, Page 400, Galveston County Deed Records, said Tract 2 being out of the Sarah McKissick League, Abstract Number 151, Galveston County, Texas. The herein described 3.7145 Acre tract being that same tract of land described in County Clerks File Number 8844668,filed to record on December 28, 1988, Galveston County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at an iron pipe found for corner at the intersection of the Northeast line of said Tract 2 and the Southeast ROW line of Wilderness Trail, a 60 foot road, said iron pipe being located S 44° 11' 11" E, 53.79 feet from the original North corner of said Tract 2; THENCE S 46"21'29"W, along and with said Southeast ROW line of Wilderness Trail, a distance of 353.10 feet to a 1/2. iron rod set for corner and PLACE OF BEGINNING of the tract herein described; THENCE continuing S 46°21'29"W,along and with said Southeast ROW line of Wilderness Trail,a distance of 145.33 feet to a Va inch iron rod set for corner; THENCE S 39° 49' 34" E, a distance of 962.81 feet to a 1/2 iron rod set for comer; THENCE N 460 21' 29" E, a distance of 208.01 feet to a 1/2 inch iron rod set for corner; THENCE N 43° 33' 32" W, a distance of 74.52 feet to a 1/2 inch rod set for corner; THENCE S 46° 21' 29" W, a distance of 33.00 feet to a point for comer; THENCE N 43° 33' 32" W, a distance of 240.04 feet to a 1/2 inch iron rod set for comer; THENCE N 46° 21' 29" E, a distance of 33.00 feet to a 1/z inch iron rod set for comer; THENCE N 43° 33' 32" W, a distance of 646.12 feet to the PLACE OF BEGINNING. CONTAINING 3.7145 Acres of Land, more of less. EXHIBIT "C" (continued) Property (including any improvements) : A 0.8036 acre tract out of tract 2 as described in Volume 2041, Page 400 , Galveston County Deed Records, said Tract 2 being out of the Sarah 151 , U Galveston County, Texas McKissick League, Abstract , and being more particularly described by metes and bounds as follows* COMMENCING at the original north corner of said tract 2. THENCE S 44 deg. 11 min. 11 sec. E, a distance of 1,020 . 68 feet to a point* r THENCE S 46 deg. 21 min. 29 sec. W, a distance of 363 - 62 feet to the place of beginning of the herein described tract THENCE continuing S 46 deg. 21 min. 29 sec. W, a distance of 208 . 01 feet to a point for corner; THENCE S 39 deg. 49 min. 34 sec. E, a distance of 10 - 00 feet to a point for corner* THENCE N 46 deg. 21 min. 29 sec. E, a distance of 90 -00 feet to a point for corner; THENCE S 43 deg. 33 min. 32 sec. E, a distance of 273 . 91 feet to a point in the centerline of Chigger Creek; THENCE following the meandering centerline of Chigger Creek as follows: N 51 deg. 22 min. 31 sec. E, 61.65 feet; 0 N 43 deg. 46 min. 17 sec. E, 50 .00 feet, N 84 deg. 22 min. 29 sec . E, 9 .25 feet; THENCE N 43 deg. 33 min. 32 sec. W, a distance of 292 . 72 feet to the PLACE OF BEGINNING and containing 35r004 square feet or 0. 8036 acre of land. RECop%DSKS6 MEMORWDUM was lh!LS tnstrument best pholOgr3PIlic At the time 01 recordation rbon or found to be inadequate for the 01 illegibility, produr re flon beSauS5 Ail blackoutS., discolored Pa-Prs at the IUM6 C11s, , photo COPY qS3 present ,d(gijons and the jr,31rim filed and Teoorded. F ILED AND RECORDED OFFICIAL PUBLIC RECORDS C' 'd tr X 2007057347 o3-28--33 PM FEE: $9'12-00 Mary Ann Daigie, cwu,nty C-perk County, TrXAS CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Title Company: First American Title Insurance Company File No.: 976350-HO45 Purchaser(s)/Borrower(s): City of Friendswood Seller(s): C. Robert Boone and Virginia.` Boone and C.R. Boone and Family, Ltd. Lender: Property: All that certain 31,664 square feet out of Lots 1-4, Block J, Central Park Subdivision according to the plat thereof filed in Volume 105, Page 151 Galveston County Map Records and being out of that certain tract described in a deed dated 01-25-2005 from Virginia Ann Rogers Boone,Trustee to C. R. Boone and Family, LTD as filed in Official Records of Real Property of Galveston County at Clerk's File Number 9505351, Film Code Number 010-23-2629 and being out of that certain tract described in a deed dated 04-09-1970 from W. Frank Lenoir to Carroll L. Boone filed in Book 2105, Pg. 400 Galveston County Deed Records and being more particularly described by metes and bounds as follows (bearings based on the northeast property line of the vesting deed 9505351 010-23-2629 to be S 440 11' 11"E); Commencing at a found 3/4" iron pipe marking the southwest corner of that certain tract described in a deed dated 05-17-2001 from Alfreda Gill Malone to Alfreda Firouzbakht, et ux as filed in Official Records of Real Property of Galveston Country Clerk's File Number 2001024967, Film Code Number 015-62-2388; Thence S 460 10' 26"W— 15.00'with the easterly right-of-way line of Wilderness Trail to the POINT OF BEGINNING of herein described tract; 1.Thence S 440 11' 11" E— 1,088.48'to a point.for corner; 2. Thence S 070 21'04" E — 109.43'to a point for corner; 3. Thence S 050 30'20"E —85.75'to a point for corner; 4.Thence S 810 18'05'W — 14.89'to a point for corner; 5. Thence N 140 25' 39"W— 27.47'to a point for corner; 6. Thence N 680 46'59"W—6.58'to a point for corner; 7. Thence N 050 30'20"W— 56.09'to a point for corner; 8.Thence N 070 21' 04"W — 100.70'to a point for corner; 9.Thence N 440 11' 11"W— 1,080.30'to a point for corner; 10. Thence N 460 10'26" E —25.00'with the east line of Wilderness Trail to the POINT OF BEGINNING and containing (31,664 square feet) of land more or less. By initialing one or more of the following items as may be appropriate for this transaction, each Seller and/or Buyer/Borrower acknowledges understanding of the disclosures being made by Title Company and affirms the representations made to them by Title Company as indicated. Each such disclosure or representation may jointly benefit both First American Title Insurance Company and its underwriter. Singular reference to Seiler, Buyer and Borrower includes multiple individuals/entities identified above. Any numbered item not applying to this transaction may be crossed out. CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Buyer(s)/ 2) RECEIPT OF TITLE COMMITMENT: You acknowledge having received and Borrower(s) reviewed a copy of the Title Commitment issued in connection with this Initials: transaction and you understand that your Owner Title Policy will contain the .�� exceptions set forth in Schedule B of the Title Commitment, and any additional exceptions to title resulting from the documents involved in this transaction. Buyer(s)/ 3) NOTICE: You may wish to consult an attorney to discuss matters shown in Borrower(s) Schedule B or C of the Title Commitment. These matters will affect your title Initials: and use of your Property. Your Owner Title Policy will be a legal contract between you and the Title Company. The Title Commitment and Owner Title Policy are not abstracts of title, title reports or representations of title. The Owner Title Policy is a contract of indemnity. Title Company does not represent that your intended use of the Property is allowed under the law or under the restrictions or exceptions to title on your Property. yer( 4) ACCEPTANCE OF SURVEY: Buyer has received and reviewed a copy of the Ini ' . survey of the Property made in connection with this transaction and _ acknowledges being aware of the following matters of conflict, encroachment(s) and/or discrepancies disclosed by the survey: As shown on survey. Buyer(s) 5) UNSURVEYED PROPERTY: Buyer understands that a current survey of the itials- Property has not been done in connection with this transaction and that the Owner Title Policy to be issued to Buyer will not provide title insurance coverage against encroachment of improvements, boundary conflicts, or other matters that would be found by a current survey. Title Company has not attempted to determine if the Property lies in a special flood hazard area, and Title Company has not made any representation concerning proximity of the Property in relation to any flood-plain or flood hazard area. Buyer is advised that information concerning special flood hazard areas may be available from county or municipal offices, a qualified surveyor or land=engineering company, or a private flood-plain consultant. oialIniti )/ 6) REFINANCE/PURCHASE - SURVEY: Borrower understands that in r(s) connection with the present refinance or purchase transaction First American Title Insurance Company has been requested to issue its Mortgagee Title Policy to the Lender, and that in said Mortgagee Title Policy certain survey coverage has been requested by the Lender for which a new survey is typically required. Borrower also understands that he/she may provide this affidavit to the Title Company together with an original or legible copy of a previous survey in lieu of a new survey being obtained. Attached hereto is a true and correct copy of a survey dated , prepared by , (hereinafter the "Previous Survey"). The present transaction will not cover any other property other than the property described in the Previous Survey. Before me, the undersigned notary for the State of Texas, personally appeared Affiant(s) who after by me being sworn, stated: A) We are the owners of the Property. (or state other basis for knowledge by Affiant(s) of the Property, such as lease, management, neighbor, etc. For example, "Affiant is the manager of the Property for the record title owners.") B) We are familiar with the property and the improvements located on the Property. C) We are closing a transaction requiring title insurance and the proposed insured nwnar nr lanrior hme rro-,i A ^---I -- CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER 3. construction projects on immediately adjoining property(ies) which encroach on the Property; 4. conveyances, replattings, easement grants and/or easement dedications (such as a utility line) by any party affecting the Property. E) We understand that Title Company is relying on the truthfulness of the statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property attached to this Affidavit. This affidavit is not made for the benefit of any other parties and this affidavit does not constitute a warranty or guarantee of the location of improvements. F) We understand that we have no liability to Title Company or the title insurance company that will issue the policy(ies) should the information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company. Iler(s) uyer(s) 7) PROPERTY TAX PRORATIONS: Property taxes for the current year have Ini VIs In ial . been prorated between Buyer and Seller, who each acknowledge understanding that these prorations are based either on tax amounts for the preceding year or on estimates of the appraised value and/or estimated tax r rates for the current year. Buyer and Seller each agree that, when amounts of the current year's taxes become known and payable (on or about October 1st), they will adjust any matters of re-proration and reimbursement between themselves and that Title Company shall have no further liability or obligation with respect to these prorations. However, in the event of any conflict between this paragraph and the contract between Buyer and Seller, the contract will control. uyer(s) 7a) UNIMPROVED TAX RESERVE TO LENDER: Buyer is aware that the escrow Bo ow r(s) account being created at closing is based on partially unimproved taxes. Buyer Initi also understands there is a possibility that the escrow account held by Lender may be short at the end of the year and the Lender could require additional / money to make up the shortage or the Lender can increase the monthly payment to collect this shortage. Bya , 8) TAX RENDITION AND EXEMPTIONS: Although the Galveston County In Appraisal District (AD) may independently determine Buyer's new ownership and billing address through deed record research, Buyer is still obligated by law to "render" the Property for taxation by notifying the AD of the change in the Property's ownership and of Buyer's proper address for tax billing. Buyer is advised that taxes may have been assessed on the basis of various exemptions obtained by Seller: 1) Homestead 2) Over-65 3) Disabled veteran 4) Agricultural To the extent that Buyer may qualify to continue these exemptions, it is the responsibility of Buyer to satisfy requirements of the AD within the period of time allowed. Buyer acknowledges understanding of these obligations and the fact that Title Company assumes no responsibility for future accuracy of AD records concerning ownership, tax-billing address or status of exemptions. B er 8a) OVER 65 EXEMPTION: The property taxes on the above Ini ' s: referenced property are assessed with an over 65 exemption. If the Buyer is not entitled to this exemption, the taxing authorities are authorized by law to remove the exemption as of the date of CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER S ler(s er(s 8b) AGRICULTURAL EXEMPTION: Seller and Buyer hereby acknowledge they IN I . Init are aware the real property being purchased is subject to an agricultural exemption on the tax roll. The Title Company assumes no responsibility for any future roll back taxes and Buyer understands and agrees, if the taxing authorities roll back taxes due to the exemption being removed, they will be responsible for all future taxes assessed by the taxing authorities and hold the Title Company harmless from any claim that may arise due to this exemption being removed from the tax roll. Seller(s) er(s) 9) SPLIT OUT-TAXES: Seller and Buyer agree and understand the taxes need als: Initia to be "split out" at the Appraisal District. By our initialing this section, we Cagree to hold the Title Company harmless from any claim that may arise due �i 6 / to any further adjustments of the prorations after closing. Seller(s) 10) PRIOR YEAR TAXES PAID: Seller certifies all taxes for prior years have nitials: been paid in full. The undersigned Seller further agrees to reimburse Title Company for any and all unpaid taxes, penalties, interest and attorney fees due to taxes being due and/or unpaid as determined by the AD and/or taxing authorities. Seller further agrees that any default in prior payment of property taxes, either current or delinquent, will on demand, be promptly reimbursed by Seller to Title Company. S Ier(s) yer(s) 11) ACCEPTANCE OF REPAIRS: If Seller and Buyer have previously agreed Init I . Ini ' Is: upon Seller's obligation to perform certain repairs to the Property prior to closing, both parties affirm that all agreed upon repairs have been completed, and Buyer accepts such repairs as being completed to Buyer's satisfaction. ler(s) B er ) 11a) REPAIRS SUBSEOUENT TO CLOSING: If Seller and Buyer have agreed Ini Is- Initi s: upon Seller's obligation for certain repairs or other work affecting the Property to be performed after closing, both Buyer and Seller acknowledge their / G understanding that Title Company shall have no duty or responsibility concerning completion, quality of workmanship or materials, or payment for such post-closing repairs or work to or on the Property. Nn' i (s 12) HOMEOWNER'S ASSOCIATION: Buyer acknowledges notification that : ownership of the Property involves membership in a Homeowner's or Property Owner's Association to which monthly or annual dues or assessments will be owed that may be enforceable by a lien against the Property. Buyer understands that the Association (or its managing agent) should be contacted by Buyer directly to ascertain the exact amount of future dues or assessments. Title Company disclaims any knowledge of, and has made no representations with respect to, the Association's annual budget, pending repairs or deferred maintenance, if any, or other debts of the Association. Buyer accepts sole responsibility to obtain such information and verify its accuracy to Buyer's satisfaction. uyer(s) 13) COMMON KEY NOTICE: Buyer acknowledges that the Property being In ials: purchased has been and presently is accessible by means of a common or master key used by the Seller for this and other properties. Buyer is advised to have all locks on the Property immediately re-keyed, which will be at Buyer's expense. Buyer hereby releases Seller and Title Company from liability for any loss, damage, or injury that may result from future unauthorized entry by means of the common or master key. N�ler Buyer(s) 14) ARBITRATION: Initials: 0 \/Ag`AAIT 1 AIUA CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER 11er(s) uy �(s) 15) POWER OF ATTORNEY: This transaction involves the use of a Power of Ini ' Is• it' Is: Attorney. Authority has been granted to to act as agent and attorney-in-fact for . The Title Insurance Company must confirm that said Power of Attorney is still valid. Principal Contacted: (Ratified by) Date and Time Principal contacted: Phone Number: Seller(s) Buyer(s) 16) CLOSING DISCLAIMER: Seller and Buyer each acknowledge understanding that Initials: the above referenced transaction has not yet "closed". At this time, any change in possession of the Property takes place AT BUYER'S AND SELLER'S OWN RISK. THIS TRANSACTION HAS NOT"CLOSED" UNTIL: A) ALL TITLE REQUIREMENTS ARE COMPLETED TO THE SATISFACTION OF TITLE COMPANY; B) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED, REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS TRANSACTION, INCLUDING THE LENDER IF ANY, AND BY TITLE COMPANY; C) ALL FUNDS ARE COLLECTED AND DELIVERED TO AND ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUE; AND D) ALL NECESSARY DOCUMENTS ARE FILED OF RECORD IN THE APPROPRIATE PUBLIC RECORDS. Buyer and Seller also recognize that neither Title Company nor its underwriter are under any obligation to defend possession of the Property or to insure title of the Property, until such time as the above stated requirements have been fulfilled. Seller(s) 17) NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United �naials: States Income Taxation. CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Buyer/ 18) DISCLOSURE TO PURCHASER: Undersigned Buyer/Borrower("Undersigned") Borrower(s) acknowledges that Title Company has NOT performed a search of the real property Initials: records with reference to possible federal or state tax liens, abstract of judgements, or other involuntary liens which may have been filed against the Undersigned. Undersigned understands that such involuntary liens may need to be released prior to the resale or mortgaging of this property. The owner policy of title insurance does not protect the insured against involuntary liens filed against said insured. efina ce 19) AFFIDAVIT AS TO DEBTS& LIENS: Seller(s) B er(s) A) I am over the age of 18 years. /Vial Initi ` B) My marital status_has_has not changed (CHECK THE APPROPRIATE RESPONSE) since the date that I acquired the above described property. C) I have also been known by the following names in addition to the name listed above: D) I state under oath that all bills for labor performed and material furnished for improvements (if any) made by, or for me have been paid, and that at present I do not owe any person or firm for such improvements; and there are no liens including federal or state tax liens or judgment liens, of any kind; and no proceedings have been commenced in any federal court or state court to which I am a party, except: $ to $ to $ to E) To my knowledge there are no loans or unpaid debts for any personal property or fixtures which are located on the subject property and that no such items have been purchased on time-payment contract; and that there are no security interests on such property secured by financing statements, security agreements or otherwise, except: $ to $ to $ to F) The amount due any lienholder was furnished by the lienholder and is good only through an anticipated disbursement date. Should there be any discrepancies First American Title Insurance Company is hereby authorized to disburse any additional funds required by lienholder and adjust the net amount due the Seller by a like amount. Seller is aware that the lienholder has furnished a statement showing amounts due to payoff existing lien(s). In the event lienholder makes a demand for a greater amount than shown on payoff statement and closing statement, Seller agrees to reimburse First American Title Insurance Company for any funds advanced in order to cure any discrepancies or demand. G) To my knowledge, Owner's possession of the property has been peaceable and undisturbed and title to said property has never been disputed or questioned, nor do I have any knowledge of adverse claims against any portion of the property. H) I have not signed any contracts of sale, deeds, deeds of trust, mortgaaes CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Cityof Friendswood o C. Robert Bone , a Corporation _0$Virginia oone David J.H. Smith, Mayor C.R. Boone and Family, Ltd., a Texas Limited Partnership By: C. RobKrt Boone, General Partner f7a - By: Vi inia f . Boone, General Partner SWORN TO AND SUBSCRIBED BEFORE ME on this 23rd day of August, 2007, by David J.H. Smith, Mayor of the City of Friendswood, a Corporation, on behalf of said corporation.. M aY V , . LINDA K. PARRISH Pv i&y pt"ic,Slate d Texas ( /J tl yy Pjy tiammisakm Expires W9.2008 " W - OF Notary Public, State of Texas STATE OF TEXAS ) COUNTY OF HARRIS ) This instrument was acknowledged before me on this 23rd day of August, 2007, by David J.H. Smith, Mayor of the City of Friendswood, a Corporation, on behalf of said corporation.. PY 4 LINDA K. PARRISH J Nr,1s�}pubik,State of Texas t My Cwa wi jw Expires W-19-2008 /� l !�•(�(('�'�_ ' °F` �� Notary-10rublic, State of Texas Sworn to and subscribed before me this 23rd day of August, 2007, by C. Robert Boone and Virginia kBoone. e r e Y ; LINDA K. PARRISH Now y Pub k,Stale of Texas , My Coms&sioo Expires 03.19-2MM ' . Notary ublic, State of Texas STATE OF TEXAS ) COUNTY OF HARRIS ) CLOSING AFFIDAVIT SELLER/PURCHASER/BORROWER Sworn to and subscribed before me this 23rd day of August, 2007, by C. Robert Boone and Virginia koone, General Partners, of C.R. Boone and Family, Ltd., a Texas limited partnership, on behalf of said limited partnership, a corporation, on behalf of said corporation. pr u LINDA K. PARRISH Notary Publc.Stale of TO— � � tJry Ctnrxr�s�n t:xpises 03.1�20� ANota tbl%ic, State of Texas STATE OF TEXAS ) COUNTY OF HARRIS ) This instrument was acknowledged before me this 23rd day of August, 2007, by C. Robert Boone and Virginia IV. Boone, General Partners, of C.R. Boone and Family, Ltd., a Texas limited partnership, on behalf of said limited partnership, a corporation, on behalf of said corporation. u LINDA K. PARRISH Notary Public,Stata d Texas My C mtrirssion Expku 03-19-2MM Notary lic, State of Texas File No. 976350-HO45 - LKP SELLER'S AND/OR PURCHASER'S/BORROWER'S STATEMENT I have carefully reviewed the HUD-1/Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1/Settlement Statement. The Seller's and Purchaser's/Borrower's signatures hereon acknowledge their approval and signify their understanding that tax, and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in the event of any change for the current year, all necessary adjustments will be made between Purchaser/Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. The following persons, firms or corporations have received a portion of the real estate commission amount shown above (HUD Line(s) 701-704): 1. 2. 3. 4. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. Purchaser(s)/Borrower(s) Seller(s) , City of Friendswood, a Corporation A C. Robert �oone _l ia Boone /'�.Ar�� irgin . - vid J.H. Smith, Mayor C.R. Boone and Family, Ltd., a Texas Limited Partnership (:� f� By: C. Roort Boone, General Partner t By: Virgi a'. Boone, General Partner August 23, 2007 Auciust 23, 2007 Date Date Borrower(s) Forwarding Address: Seller(s) Forwarding Address: August 23,2007 Mr. John Olson,Esquire Olson and Olson,Attorneys Friendswood City Attorney Friendswood,Texas Re: Friendswood-Boone Settlement Dear Mr. Olson: This sets forth the agreement between the City of Friendswood(the"City")and C.Robert Boone,Virginia,Boone and C.R.Boone and Family Ltd. (the"Boones")regarding the City's acquisition of a Storm Sewer Easement for drainage purposes across the Boone's property at 5 Wilderness Trail in Friendswood. The settlement terms are as follows: 1. The Boones will grant the City the Storm Sewer Easement (the"Easement")attached as Exhibit A; 2. The City will pay to the Boones$139,500.00 at the closing on the grant of the Easement to the City(the"Closing"); 3. The City will pay all closing and other costs associated with the Closing ,recordation of the Easement and consummation of the settlement; 4. The City warrants that it will complete the construction of the Facility (as defined in Exhibit A) , restore the surface to its original condition and remove all associated construction equipment, as required by the terms of the Easement,within six(6)months from the date construction commences.The City shall pay the Boones $250.00 per day in penalties for every day the City exceeds the six(6)month timetable. 5. The City represents and warrants the matters set forth in the Storm Sewer Easement in paragraphs 1 through 7. And further the City represents and warrants that the location of the Easement described in Exhibit "A"is correctly and accurately depicted in Exhibits "Bl" , "B2"and`B3"and that the Facility and any work falls entirely within the Easement. 6. The Boones are entering into this settlement in reliance on the City's representations and warranties.No amounts accepted by the Boones herein and paid by the City in any way constitute damages for conditions that would flow from a subsequent breach of these representations and warranties and violation of the corresponding terms of the Easement or other wrongdoing by the City; and in the event of any such subsequent breach, violation and wrongdoing,then the Boones will have an independent cause of action against the City for the breach violation and wrongdoing , and amounts paid in settlement by the City as referenced above will not in any way preclude recovery of any and all damages suffered by the Boones as a result thereof, constitute a set off against any such damages or bar necessary injunctive relief. 7. The City will promptly flag the boundaries of the Easement immediately upon execution of this settlement agreement. 8. The City will take no other action on or with respect to the Boones'property, including the Easement property, including without limitation filing for any permits,until the transaction has closed and the Boones have received the full consideration for the Easement. 9. This agreement shall inure to the benefit of the Boones and their successors and assigns. 10. The Closing and payment of consideration to the Boones will occur simultaneously with the execution of this letter by the parties and the execution of Easement by the Boones and the City. 11.The parties signify their agreement by their or their authorized representative's notarized signatures below. Best Regards, C.R. Boone and Family Ltd By: Virginq..Boone,general partner C. Robert Boone,general ( partner Date: Date:Date: F-a3 -0 7 � �.2. 1? Virgin' Boone, individually C.Robe Boone, individually Date: *-o7 Date: 023- r APRROVED,AGREED AND ACCEPTED: The City of Frien swood BA I 1 Title: IM"cm(Z Date: S. 23 -0-7 :» ! l �LEPRECHAUN DRIVE_!-� lit 11 �=-CIIIINII. MIIIH QRra !r �-�,� /���� t APOINT r ,,,, � fN0.3/4",P . 2s·o . 1/ L , 02•·0 0 r j ... �--12, C!IUD&RN#JI AllmMIUW.O. 11D AI.IIEII IIIUMH: a 1M -�,t!J,J'..., /'::a'---=o...(__,, II II ,_,_II ·--,o,a.....24.( LOT 1. BLOCK "J" CENTRAL PARK SUBDIVISION (VOL. 105, PG. 151 GCMR) s 44·11·11" E 1,088.48'-,, II II ,, 12, I �' Q12'"f �T W000(1) f':'11 0 / l4"'lt ---��-. � . --·-14•0 10"1: -12·0 V ,e, --a"SY8 8 I2"SY F'//// ri.·� ·-· � 11 �. --z:::::! _L9 ___ l � �:··- O:'. <{ .,.. ·---- g1S-s'r � 0 t;) Q t, 12"sv •-11-P ll"'SY .'ft . .fl) a·o 92·0 12·0 a"'SY ,.,--r 120 ---- / CRA'ltl. ORNE �Id . --..-I SOl.lnMFST UHC LOT ,. BLOCK ..,: --N L ---HORTH�r J. BLOCK "J" �111111.=t-.-PROPOSED STORM SEWER Ill) . r, 44· 11 ·11" W--- I ! I ,,.12"1: IO"SY 0 ,, l'OIIIJJII 0, u,r , IOI/IUI L � D' 1M Ill) aa:1111"JOWl�llTIM � ot»-0-1611) It ,,,.,,,. ,.,,.. _,,_,_ IV CMIIILL- -� .,. ,. «JO� �(2)TRK E 18" 10" ,,._._,'10 12"'SY a"'SY --·-11, ..... a"SY -I2"'SY J ' " "' It O�-- I 1 •= I> l I � ' 1111' � C\j ....... ,.ZL4_ l,_ lU NtD It � ff .. a.,,�;;:-a-C\j ...... • t:l7 .. _______ "'( :t:I V) i��-c � -;(!-,J "'"' •"'SY �� ' �· ,v, v ✓�L�""'°"'....i GRAVCl ()A!V[ --i 10 SY ,.. __ :---:i: a 1,080.30'-----------..----':!. =t·--,__ '" 3t;�-tll:: ·!'::::::., �i::: "'M 1'3:: .:.,. .... �:§ ),I ...... �� i::: � C) t �g; If l :::::! I r I "" 111l c:1,.=� LOT 3, BLOCK "J" iii (.) ,,....._,,. CENTRAL PARK SUBDIVISION Cl:: .1 lj:� PROPOSED 25' STORM (VOL. 105, PG. 151 GCMR) ,�-� � SEWER EASEMENT ��; I.·i-1 �e. (31,664 SQ. FT.)Storm Sewer Location Exhibit TREE ABBREVIATIONS By Lockwood Andrews & NewnamA Mt NOTES: DISTANCE C CYPIUI SHEET 1 OF 2 LINE BEARING a, CNPE ll'tlffll: I. THE BUILOINGS OR II.IPROVEI.IENTS SHOWN HEREON REPRESENT ttS.00' OIi COffllN WOOD THE OUruNE AT GROUND SURFACE LML, UNLESS OTHERWISE Lt S 411'10'211• W C CEWI rm. C.L. DAVIS & CO. �� r� m•6 NOTEO. E EUI 2. THE BASIS OF BEAAINGS SHOWN IS REFERENCED TO THE L2 10ll.4:1' s on,•04• £ 0 aaTIIIM LAND SURVEYING 2ei-<e2-9<90 NORTHEAST PROPERTY LINE or THE VESTING DEED (9505351 L.J 8$.75' s OS-J0'20. £ H HillClalEIWI' OI0-2J-2629 TO BE S 44•11•11• E. .. IWU 14.8'' S Bt'tB'O!S• W Mi\ � EXHIBIT .l. 'THE l/TlLITY N'PURTOWlCES(te., utaily poles, ;nlels, etc.) MQ liEIIPTE SHOWN HEREON ARE THOSE VISIBLE AT THE TIME Of SURVEY 1..6 21.41' N 14'26'J9• W 0 ewe ANO MAY NOT BE COMPLETE. p PIE 4. TRACTS SHOWN HEREON SUBJECT TO CITY OF FRIENDSWOOD LIi 46a' N fJll'.fa '61J • W PC JIBWI 31,664 SQUARE FEET OUT OF PII PfM BUILDING ORDINANCE. PL MM LOTS 1-4, BLOCK 5. UNDERGROUND TELEPHONE NOT LOCATED UNLESS L7 !SIi.Oii' N 05'J0'20• W flt S'l'CMDIE CENTRAL PARK SUBDIVISION OTttERWIS£ SHOWN. CONTR.'CTOR IS RESPONSl8LE fOR LB 100.70' N 072t •04• W T 1N10W VERIFICATION Of UNDERGROUND UTILITIES. • WILOW (VOL. 105, PG. 151 G.C.M.R.) 25.00' N wto'2tJ· £ Cl QJJfflll 6. UNDERGROUND UTILITIES SHOWN S,.SEO ON CITY Of FRIENDSWOOD L9 1ll TRIE FR IENDSWOOD, GALVESTON COUNTY, TEXAS DRAWINGS & l/TlUIY COMPANY BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE FIXTURES. CONTRACTOR IS RESPONSIBLE fOR VERlflCATION Of UNDERGROUND UTILITIES. 0 60 120 FHl OAT(: 12-IJ-2008 I SCAI.(: 1 • • 60" I JOB NO.: 11-842 OWG: 1 l-842lopo-25esmt-lolhenorth-odj-contt.d•g EXHIBIT "A" All that certain 31,664 square feet out of Lots 1-4, Block J, Central Park Subdivision ac cording to the plat.thereof filed in Volume 105, Page 151 Galveston County Map Records and being out of that certain tract described in a deed!dcited Ot "25-2005-fr..oro ,\f.ir.ginia An1.1.,Rogers:Booneffrnstee to"C:-R Booneiand-.Family, l TD .as.filed JA Gffidal'"Records of Real Property of Galveston County at Oerk's File Number 9505351, Film Code Number 010-23- 2629 and being out of that certain tract described in a deed dated 04-09-1970 from W. Frank Lenoir to carroll L. Boone filed in Book 2105, Pg. 400 Galveston County Deed Records and being more particularly described by metes and bounds as follows (bearings based on the northeast property line of the vesting deed 9505351 010- 23-2629 to be S 44° 11' 11" E); Commencing at a found 3/4" iron pipe marking the southwest corner of that certain tract described in a deed· dated 05-17-2001 from Alfreda Gill Malone to Alfreda Firouzbakht, et ux as filed in Official Records of Real Property of Galveston Country Clerk's File Number 2001024967, Film Code Number 015-62-2388; Thence S 46 ° 10' 26" W -15.00' with the easterly right-of-way line of Wilderness Tr ail to the POINT OF . BEGINNING of herein descr ibed tract; 1.Thence S 44 ° 11' 11" E -1,088.48' to a point for comer; 2.Thence S 07 ° 21' 04" E -109.43' to a point for corner; 3.Thence S 05° 30' 20" E -85.75' to a point for corner; 4.Thence S 81 ° 18' 05' W -14.89' to a point for comer; 5.Thence N 14° 25' 39" W -27.47' to a point for comer; 6.Thence N 68° 46' 59" W -6.58' to a point for comer; 7.Thence N 05° 30' 20" W -56.09' to a point for comer; 8.Thence N 07 ° 21' 04" W -100.70' to a point for corner; 9.Thence N 44° 11' 11" W -1,080.30' to a point for corner; 10.Thence N 46° 10' 26" E -25.00' with the east line of Wilderness Tr ail to the POINT OF BEGINNING and containing (31,664 square feet) of land more or less. i, ii Ii 1, NOTES: 1. THE BUILDINGS OR ll.4PROVEMENTS SHOWN HEREON REPRESENT THE OlJTUNE AT GROUND SURFACE LEVEL, UNLESS OTHERWISE NOTED. 2. THE BASIS OF BEARINGS SHOWN IS RErERENCED TO THE NORlliEAST PROPER1Y LINE OF TH( VESTINC DEED (95D5351 010-23-2629 TO BE S 44'11'11• E. J. THE UTILl1Y APPURTENANCES(i.e., utm1y poles, inlets, etc.) SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF SUR\IEY ANO IMY NOT BE COMPLaE. 4. TRACTS SHOWN HEREON SUBJECT TO CITY OF FRIENDSWOOD BUILDING ORDINANCE. 5. UNDERGROUND TELEPHONE NOT LOCATED UNLESS OTHERWISE SHOWN. CONTRACTOR IS RESPONSIBLE FOR VERIACATION or UNDERGROUND UTILITIES. 6. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF FRIENDSWOOD DRAWINGS & UTILIIY COl,IPANY BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE FI XTURES. CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UTIUTIES. LINE Lt L2 L.J L4 L6 UJ L7 LB L9 DISTANCE BEARING 15.00' S 41l'10-S· W tOIUJ' s or21•04• £ BIJ.75' S 05'J0'20• E 14..atl' s a,·,am• w 27.47' N 14"2!J'JII• W 6.58' N fJ8'46'59• W 58.09' N 05'J0'20• W 100.7'0' N on,•04• w 2s.oo· N 41l'10'2fJ• E Storm Sewer Location Exhibit LOT 2, BLOCK ''J" CENTRAL PARK SUBDIVISION (VOL. 105, PG. 151 GCMR} By Lockwood Andrews & Newnam 0 A =--&. CMJIE IM1U cw camlH W000 C CEWI E D.lil 0 ME'QIJW H HIOCIIERR't .. liWU MA WIGN0l.li\ IIQ IEIQUTl: o ewe p l'Nt PC POWI "" PfM PL IWJI IY m:iwoAE T T1WJII • ll1DICl CWITEII lR TREE 60 ., .� SHEET 2 OF 2 C.L. DAVIS & CO. :�=� f� m•&LAND SURVEYING 2e 1 -m-mo EXHIBIT 31,664 SQUARE FEET OUT OF LOTS 1-4, BLOCK J CENTRAL PARK SUBDIVISION (VOL. 105, PG. 151 G.C.M.R.) FRIENDSWOOD, GALVESTON COUNTY, TEXAS 120 r .. ,._ _____ ....., _____ ""T _______ _, E=:=:=:=:=:C:=====:j DATE: 12-1.3-2005 SCAlE: 1• - 5 0 ' J O O NO.: 11-6'2 OWG: 11-842lopo-25esmt-tolhenorth-odj-const.dwg EXHIBIT B3 ADS, Inc. Drainage Handbook Specifications + 1-6 ADS N-12 ® PLAIN END PIPE SPECIFICATION Scope This specification describes 4-through 60-inch (100 to 1500 mm) ADS N-12 plain end pipe for use in gravity-flow drainage applications. Pipe Requirements ADS N-12 plain end pipe shall have a smooth interior and annular exterior corrugations. •4-through10-inch (100 to 250mm) shall meet AASHTO M252, Type S.•12-through 60-inch (300 to 1500 mm) shall meet AASHTO M294, Type S or ASTM F2306.•Manning's "n" value for use in design shall be 0.012. Joint Performance Pipe shall be joined with coupling bands covering at least two full corrugations on each end of the pipe. Standard connections shall meet or exceed the soil-tight requirements of AASHTO M252, AASHTO M294, or ASTM F2306. Gasketed connections shall incorporate a closed-cell synthetic expanded rubber gasket meeting the requirements of ASTM 01056 Grade 2A2. Gaskets, when applicable, shall be installed by the pipe manufacturer. Fittings Fittings shall conform to AASHTO M252, AASHTO M294 or ASTM F2306. Material Properties Virgin material for pipe and fitting production shall be high density polyethylene conforming with the minimum requirements of cell classification 424420C for 4-through 10-inch (100 to 250mm) diameters, and 435400C for 12-through 60-inch (300 to 1500mm) diameters, as defined and described in the latest version of ASTM 03350, except that carbon black content should not exceed 5%. The 12-through 60-inch (300 to 1500mm) virgin pipe material shall comply with the notched constant ligament-stress (NCLS) test as specified in Section 9.5 and 5.1 of AASHTO M294 and ASTM F2306 respectively. Installation Installation shall be in accordance with ASTM 02321 and ADS installation guidelines, with the exception that minimum cover in trafficked areas for 4-through 48-inch (100 to 1200 mm) diameters shall be one foot (0.3 m) and for 60-inch (1500 mm) diameters, the minimum cover shall be 2 foot (0.6 m). Contact your local ADS representative or visit our website at www.ads-pipe.com for a copy of the installation guidelines. D.DD °f 0 Pipe Dimensions Nominal Diameter Pipe I.D. j 4 I 6 I 8 I 10 j 12 I 15 j 18 I 24 I 30 I 36 I 42 I 48 j 60 in (mm) (100) (150) (200) (250) (300) (375) (4501 /600) (750) (900) (1050) (1200) (1500Pipe o.o.-I 4.8 I 6.9 I 9.1 I 11.4 I 14.5 I 18 I 21 I 28 I 36 I 4 2 I 48 �167in (mm) (122) (175) (231) (290) (368) (4571 (559) (711) (914) (1067) (1219) I (1372) I (1702 Perforations I All diameters available with or without perforations. *Pipe O.D. values are provided for reference purp oses only, values stated for 12-through 60-inch are ± 1 inch. 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U•,ce tn,WD ll<i��.,i;,::s� .,. -""�'1w\>71\ l"�l i �. ,eJ»!Z,· --.,.; ·-=�:,.y� ,-»t�l),'t-o'U �T'-i"» ,..,,,., N41•rr·ll '••:•·«•,;.):; '/IICA·,,, a:o.J ·-t:o�� .:c-.. .... � ,.,.,11 � l�!',,<C.t :�t,t;;i..�>.- i�» :,;, ::-i ·�. -� !,;,Co;'$Lt:..;5r.3 ;c;J:',cf i"f,!!l..-:j:J .:·. :,,r:,v:s ·t 1-:n .:,,i,.ut"Jl\."'tot'I::; "' ..-,a"J•�-1• �..,� (JI t 0 EXHIBIT "C" 010-23-2632 10.9232 sores of land out of Tract 2, as described in Vol. 2041, P44e 400, of the Galveston County- Deed Records•in the 8areh ..xissick Lsague, N•-151, Galveston County, Texas* said tract being more fully described by setae and bounds as follows; BEGINNING at a 1' iron pipe in fence corner, being the wet Northerly corner of the aforemantioned Tract 2 and 10.9232 acre tract herein described; TMCE S 44' 11' 11' E with fence line marking the Northeast line of Tract 21, 1344.62 ft. to a 1' iron pipe in fence cornar marking the most Easterly corner of the 10.9232 acre tract herein described; Tka2= 8 46' 56! 03' W with fence line 148.75 ft. to a point to centerline of Chigger Creak; THENCE with the following courses and distances up the centerline of Chigger Creek to a point, being the post Southerly corner of the 10.9232 acre tract herein described; N 71' 11. 16' W - 32.42 ft. N 0' 141 16' W - 52.03 ft. N 43' 25' 30' W - 29.73 ft. 8 57' 05' 49' W - 40.47 ft. 9 69'-45' 29' W - 48.39 ft. 8 22' Do, 40' W - 10.11 ft. S 30' 25' 52' E - 56.00 ft. 8 80' 21' 03' 2 - 43.28 ft. 6 22' 24' 22• E - 19.24 ft. 8 3' 10' S6' Z - 69.40 ft. 8 28' 46- 441 W - 14.51 ft. 8 61' 06' 39' W - 4a.38 ft. N 75' 59, 19, W - 50.09 ft. 8 54' 22' 29• W - 18.23 ft. THENCE N 43' 33' 32' W crossing a 1' iron pipe at 292.89 ft. In 1253.57 ft. to a 1' iron pipe in fence line, said point being in Northwest line of aforementioned Tract 2 and marking the most Western corner of the 10.9232 acre tract herein described; TEENCE N 46' 10' 2P S with acid fence line slonq Northwest line of Tract 2,. 352.52 ft. to the PLNICS O! 8ECI34NI14G and containing 10.9232 aoree of'land, more or less. EXHIBIT "C" (continued) All that certain 3.7145 Acre tract of land out of Tract 2 as described in Volume 2041, Page 400, Galveston County Deed Records, said Tract 2 being out of the Sarah McKissick League, Abstract Number 151, Galveston County, Texas. The herein described 3.7145 Acre tract being that same tract of land described in County Clerks File Number 8844668,filed to record on December 28, 1988, Galveston County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at an iron pipe found for corner at the intersection of the Northeast line of said Tract 2 and the Southeast ROW line of Wilderness Trail, a 60 foot road, said iron pipe being located S 44° 11' 11" E, 53.79 feet from the original North corner of said Tract 2; THENCE S 46°21'29"W, along and with said Southeast ROW line of Wilderness Trail, a distance of 353.10 feet to a '/z iron rod set for comer and PLACE OF BEGINNING of the tract herein described; THENCE continuing S 46°21'29"W,along and with said Southeast ROW line of Wilderness Trail,a distance of 145.33 feet to a lh inch iron rod set for comer; THENCE S 390 49' 34" E, a distance of 962.81 feet to a '/i iron rod set for corner; THENCE N 46'21' 29" E, a distance of 208.01 feet to a 'h inch iron rod set for corner; THENCE N 430 33' 32" W, a distance of 74.52 feet to a 'h inch rod set for corner; THENCE S 460 21' 29" W, a distance of 33.00 feet to a point for comer; THENCE N 43° 33' 32" W, a distance of 240.04 feet to a lh inch iron rod set for comer; THENCE N 460 21' 29" E, a distance of 33.00 feet to a '/z inch iron rod set for corner; THENCE N 430 33' 32" W, a distance of 646.12 feet to the PLACE OF BEGINNING. CONTAINING 3.7145 Acres of Land, more of less. EXHIBIT "C" (continued) Property (including any improvements) : A 0 . 8036 acre tract out of tract 2 as described in Volume 2041 , Page 400 , Galveston County Deed Records, said Tract 2 being out of the Sarah McKissick League, Abstract 151 , Galveston County, Texas, and being more particularly described by metes and bounds as follows : COMMENCING at the original north corner of said tract 2 ; THENCE S 44 deg. 11 min. 11 sec. E, a distance of 1 , 020 . 68 feet to a point; THENCE S 46 deg. 21 min. 29 sec. W, a distance of 363 .62 feet to the place of beginning of the herein described tract; THENCE continuing S 46 deg. 21 min. 29 sec. W, a distance of 208 . 01 feet to a point for corner; THENCE S 39 deg. 49 min. 34 sec. E, a distance of 10 . 00 feet to a point for corner; THENCE N 46 deg. 21 min. 29 sec. E, a distance of 90 . 00 feet to a point for corner; THENCE S 43 deg. 33 min. 32 sec. E, a distance of 273 . 91 feet to a point in the centerline of Chigger Creek; THENCE following the meandering centerline of Chigger Creek as follows : N 51 deg. 22 min. 31 sec. E, 61 . 65 feet; N 43 deg. 46 min. 17 sec. E, 50 . 00 feet; N -84 deg. 22 min. 29 sec. E, 9 .25 feet; THENCE N 43 deg. 33 min 32 sec. W, a distance of 292 . 72 feet to the PLACE OF BEGINNING and containing 35, 004 square feet or 0 . 8036 acre of land.