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HomeMy WebLinkAboutStorm Sewer Easement - Glenshannon Drainage Project - Boone Family - 5 WILDERNESS TRL 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