HomeMy WebLinkAboutResolution No. 2007-31RESOLUTION NO. R2007 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE,
AND THE CITY SECRETARY TO ATTEST, RESPECTIVELY,
EARNEST MONEY CONTRACTS FOR THE PURCHASE OF
PROPERTIES NECESSARY TO CONSTRUCT A PORTION OF
BRITTANY BAY BOULEVARD WITHIN FRIENDSWOOD LAKES
SUBDIVISION, AND TO CONNECT TO SUCH BOULEVARD CERTAIN
STREETS ADJACENT THERETO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the Mayor and City Secretary be, and they are hereby, authorized and
directed to execute and attest, respectively, two earnest money contracts, one such contract being
by and between the City and Eagle Creek Investments LTD, and the other such contract being by
and between the City and Friendswood Lakes, Inc. A copy of such contracts are attached hereto
as Exhibits "A" and "B" and each are made a part hereof for all purposes.
2007.
PASSED, APPROVED AND RESOLVED on this 10th day of September,
Mid J. H. Smi
ATT s
• ' ''o0
Del ris McKenzie, T C
City Secretary f
A
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Exhibit A
(R2007 -31)
REAL PROPERTY EARNEST MONEY
AND
INFRASTRUCTURE CAPACITY PURCHASE
CONTRACT
THE STATE OF TEXAS §
COUNTY OF GALVESTON
This contract (hereinafter referred to as the "Contract ") is made this 3 (-5+day of
October, 2007, by and betweea Eagle Creek Investments, Ltd., a Texas limited. partnership
(hereinafter referred to as "Seller ") and the City of Friendswood, Texas, a home rule municipal,
corporation of the State of Texas, located in Galveston and Harris Counties (hereinafter referred
to as "Purchaser "), each acting by and through their respective hereunto duly authorized officers
1. REAP, PROPERTY. Purchaser agrees to purchase from Seller, upon the terms
and conditions set forth herein, and Seller agrees to sell to Purchaser, upon the terms and
conditions set forth herein, all of that certain real property described in Exhibit "A" attached
hereto and made a part hereof, together with all improvements thereon, and is its present
condition, "as is," unless otherwise specified herein, all of such property (land and
improvements) being hereinafter referred to as the "Real Property."
2. INTEREST IN INFRASTRUCTURE. Purchaser agrees to purchase from
Seller, upon the terms and conditions set forth herein, and Seller agrees to sell. to Purchaser, upon
the terms and conditions set forth here4 (i) any right, title, or interest Seller may have or claim
in or to any of the public infrastructure improvements constructed or installed incident to the
platting and development of Friendswood Lakes Subdivision, Sections One, Two, Three and
Four, (ii) any right, title, or interest Seller may have or claim in any capacity in such
improvements, and (iii) any right,, title or interest Seller may have or claim for the reimbursement
or recovery of any cost incurred in the construction or installation of any portion of such
improvements that exceeds the capacity that was required to serve Friendswood Lakes
Subdivision, Sections One, Two, Three and Four (hereinafter referred to, collectively, as
"Interest in Infrastructure"). For the purpose of the foregoing, public infrastructure shall include
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and mean those streets, storm water conveyance facilities, potable water conveyance facilities,
and sanitary sewer conveyance facilities described on Exhibit `R -l" attached hereto and for all
things made a part hereof. It is specifically understood and agreed that Seller is not conveying
hereby any right, title or interest Seller may have or claim in storm water detention capacity in
and to those certain 11.47 acre and 10.08 acre stonn water detention facilities described on
Exhibit "B -2" attached hereto and for all things made a part hereof.
3. PURCHASE PRICE. The purchase price of the Real Property and the Interest in
Infrastructure shall be the sum. of Fifty Thousand and No /1.00 Dollars ($50,000.00). The
purchase price, less the amount deposited as earnest money, shall be paid at the time of closing,
in cash or by cashier's check. The earnest money shall be applied to the purchase price at
closing.
4. SURVEY. Within .fifteen. (15) days following the date of execution of this
Contract, Purchaser,, at its sole cost and expense, shall cause to be prepared and furnished to each
party a survey of the Real Property prepared by a Registered Public Surveyor acceptable to
Alamo Title Company (the "Title Company "). The survey shall reflect the following:
(a) The total number of acres (expressed to the nearest one - hundredth of an acre)
contained within the boundaries of the Real Property and the location of each and
every recorded easement, right -of -way, road, street, alley, or railroad within the
boundaries of the Real Property;
(b) The perimeter lines of the Real. Property;
(c) The location of all apparent easements, improvements, streets, roads, creeks, and
water flood zones on-the Real Property;
(d) All other natural monuments, improvements, or other objects on the Real
Property, and
(e) Field notes or other appropriate legal description of the Real Property.
Unless Seller or Purchaser objects in writing to the survey within. fifteen (15) days after
same i.s furnished to such party, then said survey and legal description shall automatically
supplement the description of the Real Property contained hereinabove and become a part hereof
for all purposes.
S. TITLE CONNTr I NT. Purchaser and Seller acknowledge that Purchaser has
obtained an Owner's Title Policy Commitnient covering the Real Property (the "Commitment").
nv
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If the Commitment discloses any exceptions to title, other thm the standard exceptions relating
to claim of present occupants, discrepancies is area and boundary lines, and taxes for the current
year, which are not acceptable to Purchaser, then Purchaser shall have fifteen (15) days from the
effective date hereof in which to notify Seller in writing of any objections to title. If Purchaser
fails to so notify Seller, Purchaser shall be deemed to have accepted those exceptions to title as
set forth on the Commitment. if Purchaser does notify Seller and Seller does not elect to cure
said objections by the fifth (5`h) day following receipt of such objection notice, Purchaser shall
have the option to (i) cancel this Contract in writing and have its earnest money returned, in.
which event the parties shall have no further obligations hereunder, or (ii.) waive the objections
and proceed to close hereunder. The Special Warranty Deed to be executed and delivered by
Seller shall be made subject to the those title exceptions reflected on the Commitment to which
Purchaser did not object as well as to the matter or matters so waived by Purchaser (collectively,
the "Permitted Exceptions "). In the event Purchaser does not notify Seller in writing of its
election to cancel this Contract within ten (10) days from the lapse of such five (5) day period
wherein Seller did not cure said title, Purchaser shall be deemed to have waived the objections
and proceed to close hereunder. Nothing herein contained shall obligate Seller to cure any
objections to title if Seller does not desire to do so.
6. FEASIBILITY STUDY. Purchaser shall have a period equal to thirty (30) days
from the effective date in which to complete its physical inspection and feasibility study of the
Property ("Feasibility Study Period ") and an examination of all of the documents of Seller
relating to same: During the Feasibility Study Period, Purchaser or Purchaser's designated
agents may, after two (2) days prior written notice, enter upon the Property to make surveys,
environmental site assessments, borings and such other tests as Purchaser deems necessary.
Purchaser shall not permit any liens to attach to the Property by reason of the exercise of such
right or to interfere with the rights of any party then in possession of the Property. Seller may be
present during any such test. In the event this Contract shall not close. Purchaser shall restore
the Property as close as reasonably possible to its ori6nal condition_ Purchaser for any reason
and in its sole discretion may terminate this Contract by written notice to Seller on or before The
expiration of said Feasibility Study Period (prior to midnight local time), in which case this
Contract shall terminate, the earnest money on deposit shall be returned to Purchaser and neither
Purchaser nor Seller shall have any further rights or obligations hereunder. If Purchaser fails to
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281 480 5993 TO 2814821634 P.05
give notice of termination within the time described above, Purchaser shall be deemed to be
satisfied with such inspection.
7. ENTRY PRIOR TO CLOSING. So long as this Contract is in effect and
Purchaser is not in default hereunder, Purchaser, or its representatives, upon notice to and
approval of Seller, may enter upon the Property for purposes of inspecting said Property;
provided, however, Purchaser shall not permit any liens to attach to the Property by reason of the
exercise of such right or to interfere with the rights of any party then in possession of the
Property.
8. CLOSING. The purchase and sale of the Property shall be closed is the offices
of the Title Company in Houston, Texas, located at ALAMO TITLE COMPANY, 1331 Gemini,
#250, Houston, TX 77058 on or before November 15, 2007 (the "closing date" or "date of
closing "). Upon closing, Seller, at Seller's expense, shall deliver to Purchaser.:
(a) a Special Warranty Deed conveying good and indefeasible title in fee simple to
the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, restrictions, and other conditions, except for the
Permitted Exceptions including, real estate taxes and assessments for 2007;
(b) possession of the Real Property; and
(c) such other instruments, documents, and receipts as reasonably required by the
Title Company to close the transaction.
Upon closing, Purchaser, at Purchaser's expense, shall deliver to Seller:
(a) the purchase price, as provided in Paragraph 2 hereof; and
(b) such other instruments, documents and receipts as reasonably required by the
Title Company to close the transaction.
9. PROBATIONS. Taxes for the current year, penalties, interest, maintenance fees,
assessments, dues, and rents shall be prorated through the closing date. Taxes or assessments
levied or that become due and owing on the Property subsequent to the date of closing, including
any deferred taxes and assessments that would become due and owing by reason of any changed
use of the Property, shall become the liability of Purchaser from and after closing and Purchaser
hereby assumes payment of same and covenants and agrees to pay same promptly if and when
some become due and payable.
U
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I.O. CLOSING COSTS. The cost of the survey, Owner's Policies of Title Insurance,
Owner's Title Policy Commitment and Purchaser's attorney's fees shall be paid by Purchaser. All
other closing costs, including reasonable and customary escrow fees, costs of preparing
instruments, etc., shall be paid by Purchaser. SeU.ees attorney's fees shall be paid by Seller.
11. DISCLAIMER OF WARRANTIES, COVENANTS, AND
REPRESENTATIONS BY PURCHASER. PURCHASER ACKNOWLEDGES THAT
SELLER HAS NOT MADE AND DOES NOT HEREBY MAKE ANY WARRANTY,
COVENANT, OR REPRESENTATION OF ANY KIND OR CHARACTER WHATEVER
WITH RESPECT TO THE PROPERTY, WHETHER EXPRESS OR MIPLIED, OTHER THAN
THOSE SPECIFICALLY EXPRESSED IN THIS CONTRACT, IF ANY. PURCHASER
BEREBY REPRESENTS THAT IT IS NOT RELYING ON ANY WARRANTIES,
COVENANTS, PROMISES, GUARANTEES, OR REPRESENTATIONS MADE BY SELLER
OR ANYONE ACTING OR CLAIMING TO ACT ON BEHALF OF SELLER IN
PURCHASING THE PROPERTY, OTHER THAN THOSE EXPRESSLY PROVIDED FOR IN
THIS CONTRACT, IF ANY, AND THAT PURCHASER IS BUYING THE REAL
PROPERTY IN ITS "AS IS-WHERE IS" CONDITION IN FULL RELIANCE ON ITS OWN
INVESTIGATIONS AND INSPECTIONS.
12. CONDEMNATION PRIOR TO CLOSING. If, prior to Closing, all or any
portion of the Property shall be taken for any public or quasi - public purpose by a lawful power
of authority by the exercise of the right of condemnation or eminent domain or by agreement in
lieu thereof, Purchaser shall have the option of (i) canceling this Contract, in which event the
earnest money shall be returned to Purchaser and all parties relieved of all further obligations
under this Contract, or (ii) proceeding to close this Contract, in which event Seller shall assign to
Purchaser all of Seller's right, title, and interest in and to any award or other payments in lieu
thereof for such condemnation, eminent domain, or other taking by any governmental authority,
and Purchaser and Seller shall otherwise proceed to close this Contract as provided herein.
13. FURTHER ACTS. Seller hereby covenants and agrees that from time to time
Seller will execute and deliver, whether on or after the closing, on the request of Purchaser, all
confirmatory deeds, assignments, and other documents which may reasonably be required to
confirm and assure Purchaser of its title and interest in the Real Property sold hereunder.
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14. IMAL ESTATE COMNIISSION. Neither Seller nor Purchaser have made nor
will make or enter into any agreement to pay or cause to be paid any fee, commission, or other
compensation to any real estate agent, broker, or other person relating to the sale of the Property.
Seller and Purchaser agree to protect and save the other harmless from any cost, expense, or
liability of any kind or character whatsoever asserted against one party on account of the claim of
any agent, broker, or other person claiming under any agreement made or asserted to have been
made with the other party to pay or cause to be paid any fee, commission, or other compensation
relating to the purchase of the Property.
15. EARNEST MONEY, DEFAULT, AND REMEDIES.
(a) Simultaneously with the execution hereof, Purchaser shall deposit with
Title Company, as earnest money to bind this Contract, the sum of FIVE R TNDRED AND
NO /100 DOLLARS ($500.00) in cash or cashier's check.
(b) In the event the transaction contemplated by this Contract is not
consummated by reason of default on the part of Purchaser, the earnest money shall be retained
by Seller and it shall be and become the property of Seller, such sum being agreed upon as
liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it by the terms and provisions of this Contract and because of the difficulty,
inconvenience, and uncertainty of ascertaining actual damages, and no other damages, rights, or
remedies shall be collectable, enforceable, or available to Seller., and Seller agrees to accept and
take the earnest money as its total damages and relief hereunder in any such event.
(c) In the event the transaction contemplated by this Contract is not
consummated by reason of Seller's inability to furnish the Title contemplated hereunder., or by
reason of failure or breach of any other warranty, covenant, or representation made or to be made
by Seller hereunder, Purchaser shall be entitled to the return of its earnest money and ties
Contract shall be cancelled, unless Purchaser elects to complete the transaction, waiving such
defects in title or such failure or breach of warranties, covenants and representations as herein
provided, and that shall be Purchaser's sole remedy for such defect, failure, or breach. In, the
event the transaction is not consummated because of default on the part of Seller for reasons
other than as described above, Purchaser shall have the option of (i) canceling this Contract, and
in such event the earnest money shall be returned to Purchaser and all parties relieved of all
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finer obligations under this Contract or (ii) Purchaser may waive such conditions and enforce
specific performance of Seller's obligations to sell the Property to Purchaser.
(d) Purchaser shall, on the effective date of this Contract, deliver to Seller and
Seller will acknowledge the delivery of a check in the amount of One Hundred and N01100
Dollars ($100.00) ("independent Agreement Consideration'), which amount the parties have
bargained for and have agreed is the consideration for the rights granted to Purchaser under this
Contract. This Independent Agreement Consideration is in addition to and independent of any
other consideration or payment provided in this Contract, is non-refundable, and shall be retained
by Seller notwithstanding any other provision of this Contract.
16. ASSIGNMENT OF CONTRACT. This Contract may not be assigned by either
party without the express written consent of the other.
17. MEMORANDUM OF CONTRACT. Neither party will record any
memorandum or affidavit regarding this Contract in the land records of the county in which the
Real Property is located.
18. NOTICE. Any notices to be given by either party to this Contract shalt be given
in writing and may be effected by personal delivery or mailed by deposit of such into the care
and custody of the United States Postal Service, certified, return receipt requested, and postage
prepaid, as follows:
(a) To Purchaser:
City of Friendswood
910 S. Friendswood Drive
Friendswood, Texas
Attn: City Manager
(b) To Shcler: c% Altair Development Corporation
(if delivered by messenger) 2500 West Marina Bay Drive
Suite Z
League City, Texas 77553
(if delivered by mail) 'P.0. Box 72
Friendswood, Texas 77549 -0072
However, the parties hereto shall have the right from time' to time to change their respective
addresses, and each shall, have the right to specify as its address any other address within the
continental United States of America by giving at least five (5) days written notice to the other
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party as herein provided. Notice shall be effective and deemed given upon actual receipt or upon
the third (ai) day after same is mailed as provided above, whichever is earlier.
19. TBW OF ESSENCE. Time is of the essence of this Contract.
20. MODIFICATION OF TIM CONTRACT. This Contract may not be modified
or amended, except by a subsequent Contract in writing signed by Seller and Purchaser..
Purchaser and Seller may waive any of the conditions contained herein or any of the obligations
of the other party hereunder, but any such waiver shall be effective only if in writing and signed
by the party waiving such condition or obligation, except as otherwise herein provided.
21. BINDING EFFECT. This Contract shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.
22. ENTIRE AGREEMENT. This Contract, including the Exhibits attached hereto,
constitutes the entire agreement and understanding between the parties hereto and supersedes all
prior and contemporaneous agreements and undertakings of the parties in connection herewith.
No statements, agreements, or understandings, representations, warranties, or conditions not
expressed in this Contract shall be binding upon the parties hereto, or shall be effective to
interpret, change, or restrict the provisions of this Contract unless such is in writing signed by
both parties hereto and by reference made a part hereof.
23. SURVIVAL. All covenants and agreements contained herein and intended to be
performed subsequent to the closing of this Contract shall survive the execution and delivery of
the Deed and other closing documents required hereby, and shall specifically not be deemed to
be merged into or waived by any instrument of closing, but shall expressly survive and 'be
binding upon Purchaser and Seller.
24. GOVERNING LAW. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Texas, and venue for any action hereunder shall be in
Galveston County, Texas.
25 SIMULTANEOUS CLOSINGS. The obligation of Seller to sell the Real
Property and the Interest In Infrastructure to Purchaser under this Contract is hereby also made
expressly contingent and conditional upon the simultaneous closing of the purchase by Purchaser
from Friendswood Lakes, Inc (hereinafter called "Other Seller") of the real property located in
the Friendswood Lakes Subdivision which is the subject of a contract of even date herewith
between Purchaser and the Other Seller (herein called the "Other Purchase Agreement "). If
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Purchaser, for any reason, (i) terminates the Other Purchase Agreement, (H) defaults in its
obligation under the Other Purchase Agreement, or (iii) fails to close its purchase of the zeal
property which is the subject of the Other Purchase Agreement simultaneously with its closing of
its purchase of the Real Property pursuant to this Contract (other than as the result of a default by
Seller under this Contract or an Other Seller under the Other Purchase Agreement), Seller may
elect, by written notice to Purchaser, to terminate this Contract in which event the Earnest
Money shall. (a) be refimded to Purchaser, if Purchaser is not in default under this Contract or the
Other Purchase Agreement, or (b) be retained by Seller as liquidated damages for such default, if
Purchaser is in default under this Contract or the Other Purchase Agreement, and not as a
penalty, actual damages being difficult or impossible to measure; and this Contract shall be
deemed to be null, void, terminated and of no further force or effect, except as herein to the
contrary expressly provided.
Notwithstanding anything set forth herein to the contrary, the Feasibility Period and the closing
dates, respectively, under this Contract and under the Other Purchase Agreement, shall always be
identical, and, if any of said dates is changed pursuant to the terms of this Contract or the Other
Purchase Agreement, said change shall also apply to said date under this Contract and the Other
Purchase Agreement, as applicable.
EXECUTED in multiple original counterparts, each of which shall be an original but
which shall together constitute but one and the same Contract.
EXECUTED by SELLER effective the 04- day of October; 2007, which shall be
deemed the effective and execution date hereof for all purposes.
"SELLER"
EAGLE CREEK IN'V'ESTMENTS, LTD'., a
Texas limited partnership
By: Friendswood Lakes, inc., a Texas
corporation, its general partner
r
By:
William F. Mitchell
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President
Sr
EXECUTED by Purchaser. this �> � day of October, 2007.
"PURCHASER"
CITY OF RUENDSWOOD, TEXAS
By:
David J. K Smith, Mayor
14 . /
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EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY
ALL OF RESERVE JI OF l F NUS 00 6 LAKES MAP RECORDS OF GALVESTON
RECORDED AT VOLUME , MAP NO.
COUNTY, TEXAS.
,APR 21 2008 2:13 PM FR ALAMO TITLE 281 480 5993 TO 2814821634 P.13
0GHBIT B -1
DESCRIPTION OF PUBLIC INFRASTRUCTURE
All streets, storm water conveyance facilities, potable water conveyance facilities, and sanitarY
sewer conveyance facilities constructed or installed incident to the development of Sections One,
Two, Three and Four of Friendswood Lakes Subdivision, as recorded, respectfully, at 'Volume
18, Map No. 1176, 'Volume 18, Map No. 1366, Plat Number 2004A, Map Nos. 11 and 12, and
Plat Number 2007A, Map Nos. 49 -50, of the Map Records of Galveston County, Texas.
<y ,/
RPR21 2008 2:13 PM FR ALAMO TITLE 281 480 5993 TO 2814821634
ift
Alamo Title Company
1331 Gemini, #250
Houston, TX 77058
(281) 488.3950 • FAX (281) 488 -3958
DATE: November 8, 2007 TIME: 15:26 :28
GF M. 07- 42311884 -23 -GH
ESCROW OFFICER: Glennie Hefner CLOSING DATE: November 9, 2007
SELLER FINAL CLOSING STATEMENT
SELLER(S): Eagle Creek Investments, Ltd.
BUYER(S): City of Friendswood, Texas
PROPERTY: Reserve H, Friendswood Lakes, #2, Friendswood, TX 77546
$ DEBITS $ CREDITS
FINANCIAL:
Total Consideration
NET PROCEEDS DUE SELLER $ 50,000.00
TOTALS
Eagle Creek Investments, Ltd,
BY: Friendswood Lakes, Inc., its general partner
By:
William F. Mitchell, President
50,000.00
$ 50,000.00 $ 50,000.00
SAVE THIS STATEMENT FOR INCOME TAX PURPOSES
P.14
1*1
127
** TOTAL PAGE.15 **
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DMIT B -1
DESCRIPTION OF PUBLIC 1NFR.ASTRiUCTURE
All. streets, storm water conveyance facilities, potable water conveyance facilities, and sanitary
sewer conveyance facilities constructed or installed incident to the development of Sections One,
Two, Three and Four of Friendswood Lakes Subdivision, as recorded, respectfully, at Volume
18, Map No. 1176, Volume 18, Map No. 1366, Plat Number 2004A, Map Nos. 11 and 12, and
Plat Number 2007A, Map Nos. 49 -50, of the Map Records of Galveston County, Texas.
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Exhibit B
(R2007 -31)
REAL PROPERTY EARNEST MONEY
0-IN-11
INFRASTRUCTURE CAPACITY PURCHASE
CONTRACT
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
2
This contract (hereinafter referred to as the "Contract ") is made this 3t S t'
day of
October, 2007, by and between Friendswood Lakes, Inc., a Texas corporation (hereinafter
referred to as "Seller ") and the City of Friendswood, Texas, a home rule municipal corporation of
the State of Texas, located in Galveston and Harris Counties (hereinafter referred to as
"Purchaser "), each acting by and through their respective hereunto duly authorized officers.
1. REAL PROPERTY. Purchaser agrees to purchase from Seller, upon the terms
and conditions set forth herein, and Seller agrees to sell to Purchaser, upon the terms and
conditions set forth herein, all of that certain real property, comprised in. three (3) separate
parcels of land, containing, respectively, 0.0551 acres, 0.3970 acres, and 8.47 acres, more or less,
and being more particularly described as follows:
(SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A -1" THROUGH "A -3," SAME BEING MADE A PART
HEREOF FOR ALL PURPOSES)
together with all improvements thereon, and in its present condition, "as is," unless otherwise
specified herein, all of such property (land and improvements) being hereinafter referred to as
the "Real Property."
2. INTEREST IN INFRASTRUCTURE. Purchaser agrees to purchase from
Seller, upon the terms and conditions set forth herein, and Seller agrees to sell to Purchaser, upon
the terms and conditions set forth herein, (i) any right, title, or interest Seller may have or claim
in or to any of the public infrastructure improvements constructed or installed incident to the
platting and development of Friendswood Lakes Subdivision, Sections One, Two, Three and
Four, (ii) any right, title, or interest Seller may have or claim in any capacity in such
�S
improvements, and (iii) any right, title or interest Seller may have or claim for the reimbursement
or recovery of any cost incurred in the construction or installation of any portion of such
improvements that exceeds the capacity that was required to serve Friendswood Lakes
Subdivision, Sections One, Two, Three and Four (hereinafter referred to, collectively, as
"Interest in Infrastructure "). For the purpose of the foregoing, public infrastructure shall include
and mean those streets, storm water conveyance facilities, potable water conveyance facilities,
and sanitary sewer conveyance facilities described on Exhibit `B -1" attached hereto and for all
things made a part hereof. It is specifically understood and agreed that Seller is not conveying
hereby any right, title or interest Seller may have or claim in storm water detention capacity in
and to those certain 11.47 acre and 10.08 acre storm water detention facilities described on
Exhibit 1113-2" attached hereto and for all things made a part hereof.
3. PURCHASE PRICE. The purchase price of the Real Property and the Interest in
Infrastructure shall be the sum of Four Hundred Fifty Thousand and No /100 Dollars
($450,000.00). The purchase price, less the amount deposited as earnest money, shall be paid at
the time of closing, in cash or by cashier's check_ The earnest money shaU be applied to the
purchase price at closing.
4. SURVEY. Within fifteen (15) days following the date of execution of this
Contract, Purchaser, at its sole cost and expense, shall cause to be prepared and furnished to each
party a survey of the Real Property prepared by a Registered Public Surveyor acceptable to
Alamo Title Company (the "Title Company "). The survey shall reflect the following:
(a) The total number of acres (expressed to the nearest one - hundredth of an acre)
contained within the boundaries of the Real Property and the location of each and
every recorded easement, right -of -way, road, street, alley, or railroad within the
boundaries of the Real Property;
(b) The perimeter lines of the Real Property;
(c) The location of all apparent easements, improvements, streets, roads, creeks, and
water flood zones on the Real Property;
(d) All other natural monuments, improvements, or other objects on the Real
Property; and
(e) Field notes or other appropriate legal description of the Real Property.
Unless Seller or Purchaser objects in writing to the survey within fifteen (15) days after
same is finnished to such party, then said survey and legal description shall automatically
supplement the description of the Real Property contained hereinabove and become a part hereof
for all purposes.
5. TITLE CON IIT -MENT. Purchaser and Seller acknowledge that Purchaser has
obtained an Owner's Title Policy Commitment covering the Real Property (the "Commitment ").
If the Commitment discloses any exceptions to title, other than the standard exceptions relating
to claim of present occupants, discrepancies in area and boundary lines, and taxes for the current
year, which are not acceptable to Purchaser, then Purchaser shall have fifteen (15) days from the
effective date hereof in which to notify Seller in writing of any objections to title. If Purchaser
fails to so notify Seller, Purchaser shall be deemed to have accepted those exceptions to title as
set forth on the Commitment. If Purchaser does notify Seller and Seller does not elect to cure
said objections by the fifth (5h) day following receipt of such objection notice, Purchaser shall
have the option to (i) cancel this Contract in writing and have its earnest money returned, in
which event the parties shall have no further obligations hereunder, or (ii) waive the objections
and proceed to close hereunder. The Special Warranty Deed to be executed and delivered by
Seller shall be made subject to the those title exceptions reflected on the Commitment to which
Purchaser did not object as well as to the matter or matters so waived by Purchaser (collectively,.
the "Permitted Exceptions" J. In the event Purchaser does not notify Seller in writing of its
election to cancel this Contract within ten (10) days from the lapse of such five (5) day period
wherein Seller did not cure said title, Purchaser shall be deemed to have waived the objections
and proceed to close hereunder. Nothing herein contained shall obligate Seller to cure any
objections to title if Seller does not desire to do so.
6. FEASIBILITY STUDY. Purchaser shall have a period equal. to thirty (30) days
from the effective date in which to complete its physical inspection and feasibility study of the
Property ("Feasibility Study Period ") and an examination of all of the documents of Seller
relating to same. During the Feasibility Study Period, Purchaser or Purchaser's designated
agents may, after two (2) days prior written notice, enter upon the Property to make surveys,
environmental site assessments, borings and such other tests as Purchaser deems necessary.
Purchaser shall not permit any liens to attach to the Property by reason. of the exercise of such
right or to interfere with the rights of any party then in possession of the Property. Seller may be
3 �s �
present during any such test. In the event this Contract shall not close, Purchaser shall restore
the Property as close as reasonably possible to its original condition. Purchaser for any reason
and in its sole discretion may terminate this Contract by written notice to Seller on or before the
expiration of said Feasibility Study Period (prior to midnight local time), in which case this
Contract shall terminate, the earnest money on deposit shall be returned to Purchaser and neither
Purchaser nor Seller shall have any further rights or obligations hereunder. If Purchaser fails to
give notice of termination within the time described above, Purchaser shall be deemed to be
satisfied with such inspection.
7. ENTRY PRIOR TO CLOSING. So long as this Contract is in effect and
Purchaser is not in default hereunder, Purchaser, or its representatives, upon notice to and
approval of Seller, may enter upon the Property for purposes of inspecting said Property;
provided, however, Purchaser shall not permit any liens to attach to the Property by reason of the
exercise of such right or to interfere with the rights of any party then in possession of the
Property.
8. CLOSING. The purchase and sale of the Property shall be closed in the offices of
the Title Company in Houston, Texas, located at ALAMO TITLE COMPANY, 1331 Gemini,
#250, Houston, TX 77058 on or before November 15, 2007 (the "closing date" or "date of
closing "). Upon closing, Seller, at Seller's expense, shall deliver to Purchaser:
(a) a Special Warranty Deed conveying good and indefeasible title in fee simple to
the Property, free and clear of any and all liens, encumbrances, conditions,
easements, assessments, restrictions, and other conditions, except for the
Permitted Exceptions including, real estate taxes and assessments for 2007;
(b) possession of the Real Property; and
(c) such other instruments, documents, and receipts as reasonably required by the
Title Company to close the transaction.
Upon closing, Purchaser, at Purchaser's expense, shall deliver to Seller:
(a) the purchase price, as provided in Paragraph 2 hereof; and
(b) such other instruments, documents and receipts as reasonably required by the
Title Company to close the transaction.
9. PRORATIONS. Taxes for the current year, penalties, interest, maintenance fees,
assessments, dues, and rents shall be prorated through the closing date. Taxes or assessments
4
levied or that become due and owing on the Property subsequent to the date of closing, including.
any deferred taxes and assessments that would become due and owing by reason of any changed
use of the Property, shall become the liability of Purchaser from and after closing and Purchaser
hereby assumes payment of same and covenants and agrees to pay same promptly if and when
same become due and payable.
10. CLOSING COSTS. The cost of the survey, Owner's Policies of Title Insurance,
Owner's Title Policy Commitment and Purchaser's attorney's fees shall be paid by Purchaser. All
other closing costs, including reasonable and customary escrow fees, costs of preparing
instruments, etc., shall be paid by Purchaser. Seller's attorney's fees shall be paid by Seller.
11. DISCLAIMER OF WARRANTIES, COVENANTS, AND
REPRESENTATIONS BY PURCHASER. PURCHASER ACKNOWLEDGES THAT
SELLER HAS NOT MADE AND DOES NOT HEREBY MAKE ANY WARRANTY,
COVENANT, OR REPRESENTATION OF ANY KIND OR CHARACTER WHATEVER
WITH RESPECT TO THE PROPERTY, WHETHER EXPRESS OR IMPLIED, OTHER THAN
THOSE SPECIFICALLY ENPRESSED IN THIS CONTRACT, IF ANY. PURCHASER
HEREBY REPRESENTS THAT IT IS NOT RELYING ON ANY WARRANTIES,
COVENANTS, PROMISES, GUARANTEES, OR REPRESENTATIONS MADE BY SELLER
OR ANYONE ACTING OR CLAIMING TO ACT ON BEHALF OF SELLER IN
PURCHASING THE PROPERTY, OTHER THAN THOSE EXPRESSLY PROVIDED FOR IN
THIS CONTRACT, IF ANY, AND THAT PURCHASER IS BUYING THE REAL
PROPERTY IN ITS "AS IS -WHERE IS" CONDITION IN FULL RELIANCE ON ITS OWN
INVESTIGATIONS AND INSPECTIONS.
12. CONDEMNATION PRIOR TO CLOSING. It prior to Closing, all or any
portion of the Property shall be taken for any public or quasi -public purpose by a lawful power
of authority by the exercise of the right of condemnation or eminent domain or by agreement in
lieu thereof, Purchaser shall have the option of (i) canceling this Contract, in which event the
earnest money shall be returned to Purchaser and all parties relieved of all further obligations
under this Contract, or (ii) proceeding to close this Contract, in which event Seller shall assign to
Purchaser all of Seller's right, title, and interest in and to any award or other payments in lieu
thereof for such condemnation, eminent domain, or other taking by any governmental authority,
and Purchaser and Seller shall otherwise proceed to close this Contract as provided herein.
5 eJ5 q,/
13. FURTHER ACTS. Seller hereby covenants and agrees that from time to time
Seller will execute and deliver, whether on or after the closing, on the request of Purchaser, all
confirmatory deeds, assignments, and other documents which may reasonably be required to
confirm and assure Purchaser of its title and interest in the Real Property sold hereunder.
14. REAL ESTATE COMMISSION. Neither Seller nor Purchaser have made nor
will make or enter into any agreement to pay or cause to be paid any fee, commission, or other
compensation to any real estate agent, broker, or other person relating to the sale of the Property.
Seller and Purchaser agree to protect and save the other harmless from any cost, expense, or
liability of any kind or character whatsoever asserted against one party on account of the claim of
any agent, broker, or other person claiming under any agreement made or asserted to have been
made with the other party to pay or cause to be paid any fee, commission, or other compensation
relating to the purchase of the Property.
15. EARNEST MONEY, DEFAULT, AND REMEDIES.
(a) Simultaneously with the execution hereof, Purchaser shall deposit with
Title Company, as earnest money to bind this Contract, the sum of NINE THOUSAND FIVE
HUNDRED AND NO 1100 DOLLARS ($9,500.00) in cash. or cashier's check.
(b) In the event the transaction contemplated by this Contract is not
consummated by reason of default on the part of Purchaser, the earnest money shall be retained
by Seller and it shall be and become the property of Seller, such sum being agreed upon as
liquidated damages for the failure of Purchaser to perform the duties, liabilities, and obligations
imposed upon it by the terms and provisions of this Contract and because of the difficulty,
inconvenience, and uncertainty of ascertaining actual damages, and no other damages, rights, or
remedies shall be collectable, enforceable, or available to Seller, and Seller agrees to accept and
take the earnest money as its total damages and relief hereunder in any such event.
(c) In the event the transaction contemplated by this Contract is not
consummated by reason of Seller's inability to furnish the Title contemplated hereunder, or by
reason of failure or breach of any other warranty, covenant, or representation made or to be made
by Seller hereunder, Purchaser shall be entitled to the return of its earnest money and this
Contract shall be cancelled, unless Purchaser elects to complete the transaction, waiving such
defects in title or such failure or breach of warranties, covenants and representations as herein
provided, and that shall be Purchaser's sole remedy for such defect, failure, or breach. In the
6 �s �/
event the transaction is not consummated because of default on the part of Seller for reasons
other than as described above, Purchaser shall have the option of (i) canceling this Contract, and
in such event the earnest money shall be returned to Purchaser and all parties relieved of all
fiurther obligations under this Contract or (ii) Purchaser may waive such conditions and enforce
specific performance of Seller's obligations to sell the Property to Purchaser.
(d) Purchaser shall, on the effective date of this Contract, deliver to Seller and
Seller will acknowledge the delivery of a check in the amount of One Hundred and No /100
Dollars ($100.00) ( "Independent Agreement Consideration "), which amount the parties have
bargained for and have agreed is the consideration for the rights granted to Purchaser under this
Contract. This Independent Agreement Consideration is in addition to and independent of any
other consideration or payment provided in this Contract, is non - refundable, and shall be retained
by Seller notwithstanding any other provision of this Contract.
16. ASSIGNMENT OF CONTRACT. This Contract may not be assigned by either
party without the express written consent of the other.
17. MEMORANDUM OF CONTRACT. Neither party will record any memorandum
or affidavit regarding this Contract in the land records of the county in which the Real Property
is located.
18. NOTICE. Any notices to be given by either party to this Contract shall be given
in writing and may be effected by personal delivery or mailed by deposit of such into the care
and custody of the United States Postal Service, certified, return receipt requested, and postage
prepaid, as follows:
(a) To Purchaser:
City of Friendswood
910 S. Friendswood Drive
Friendswood, Texas
Attn: City Manager
(b) To Seller: c/o Altair Development Corporation
(if delivered by messenger) 2500 West Marina Bay Drive
Suite Z
League City, Texas 77553
(if delivered by mail) P.O. Box 72
Friendswood, Texas 77549 -0072
7 14Z �C/
However, the parties hereto shall have the right from time to time to change their respective
addresses, and each shall have the right to specify as its address any other address within the
continental United States of America by giving at least five (5) days written notice to the other
party as herein provided. Notice shall be effective and deemed given upon actual receipt or upon
the third (3`d) day after same is mailed as provided above, whichever is earlier.
19. TIME OF ESSENCE. Time is of the essence of this Contract.
20. MODIFICATION OF THIS CONTRACT. This Contract may not be modified or
amended, except by a subsequent Contract in writing signed by Seller and Purchaser. Purchaser
and Seller may waive any of the conditions contained herein or any of the obligations of the
other party hereunder, but any such waiver shall be effective only if in writing and signed by the
party waiving such condition or obligation, except as otherwise herein provided.
21. BINDING EFFECT. This Contract shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
22. ENTIRE AGREEMENT. This Contract, including the Exhibits attached hereto,
constitutes the entire agreement and understanding between the parties hereto and supersedes all
prior and contemporaneous agreements and undertakings of the parties in connection herewith.
No statements, agreements, or understandings, representations, warranties, or conditions not
expressed in this Contract shall be binding upon the parties hereto, or shall be effective to
interpret, change, or restrict the provisions of this Contract unless such is in writing signed by
both parties hereto and by reference made a part hereof.
23. SURVIVAL. All covenants and agreements contained herein and intended to be
performed subsequent to the closing of this Contract shall survive the execution and delivery of
the Deed and other closing documents required hereby, and shall specifically not be deemed to
be merged into or waived by any instrument of closing, but shall expressly survive and be
binding upon Purchaser and Seller.
24. GOVERNING LAW. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Texas, and venue for any action hereunder shall be in
Galveston County, Texas.
25 SIMULTANEOUS CLOSINGS. The obligation of Seller to sell the Real
Property and the Interest In Infrastructure to Purchaser under this Contract is hereby also made
expressly contingent and conditional upon the simultaneous closing of the purchase by Purchaser
8 7'� 'W
from Eagle Creek Investments, Ltd. (hereinafter called "Other Seller ") of the real property
located in the Friendswood Lakes Subdivision which is the subject of a contract of even date
herewith between Purchaser and the Other Seller (herein called the "Other Purchase
Agreement "). If Purchaser, for any reason, (i) terminates the Other Purchase Agreement, (ii)
defaults in its obligation under the Other Purchase Agreement, or (iii) fails to close its purchase
of the real property which is the subject of the Other Purchase Agreement simultaneously with
its closing of its purchase of the Real Property pursuant to this Contract (other than as the result
of a default by Seller under this Contract or Other Seller under the Other Purchase Agreement),
Seller may elect, by written notice to Purchaser, to terminate this Contract in which event the
Earnest Money shall (a) be refunded to Purchaser, if Purchaser is not in default under this
Contract or the Other Purchase Agreement, or (b) be retained by Seller as liquidated damages for
such default, if Purchaser is in default under this Contract or the Other Purchase Agreement, and
not as a penalty, actual damages being difficult or impossible to measure; and this Contract shall.
be deemed to be null, void, terminated and of no further force or effect, except as herein to the
contrary expressly provided.
Notwithstanding anything set forth herein to the contrary, the Feasibility Period and the closing
dates, respectively, under this Contract and under the Other Purchase Agreement, shall always be
identical, and, if any of said dates is changed pursuant to the terms of this Contract or the Other
Purchase Agreement, said change shall also apply to said date under this Contract and the Other
Purchase Agreement, as applicable.
EXECUTED in multiple original counterparts, each of which shall be an original but
which shall together constitute but one and the same Contract.
EXECUTED by SELLER effective the 25 S day of October, 2007, which shall be
deemed the effective and execution date hereof for all purposes.
"SELLER"
FRIENDSWOOD LAKES, INC.,
A Texas corporation
�) 5 9
William F. Mitchell
President
5-t-
EXECUTED by Purchaser this day of October, 2007.
"PURCHASER"
CITY OF FRIENDSWOOD, TEXAS
By: V��
David J. H. Smith, Mayor
10 4�1
EXFUBIT "A -1 "
DESCRIPTION OF REAL PROPERTY
TRACT 1. 0.0551 ACRES
Description of a 2,400 square foot tract of land situated in the George W. Patterson Survey,
Abstract No. 645, Galveston County, Texas; said 2,400 square foot tract of land being out of and
a part of the thirty (30) foot Drainage Reserve located in Friendswood Lakes, Section 1
subdivision as recorded at Volume 18, Map No. 1176 of the Map Records of Galveston County,
Texas; said 2,400 square foot tract of land being more particularly described by metes and
bounds as follows:
NOTE: Bearing basis for this description is the Southerly line of said Friendswood Lakes,
Section 1 subdivision; said Southerly line being S 45 °00'00" E.
BEGINNING at the Northerly corner of this description and also being the Southerly corner of
Reserve "A" of said Friendswood Lakes, Section 1; said point also being the Westerly corner of
Eagle Creek Drive (80' right -of -way) as shown on said Friendswood Lakes, Section 1 plat.
THENCE S 45 000'00" E with the Northeasterly line of this description and the Southerly line of
said Eagle Creek Drive a distance of 80.00 feet to the Easterly comer of this description, the
Easterly comer of said Eagle Creek Drive and also being the Westerly corner of Lot 1, Block 9
of said Friendswood Lake, Section 1.
THENCE S 45 001'42" W with the Southeasterly line of this description and across said thirty
(30) foot Drainage Reserve a distance of 30.00 feet to the Southerly comer of this description;
said point being in the Southerly line of said thirty (30) foot Drainage Reserve and the Southerly
line of said Friendswood Lake, Section 1.
THENCE N 45 °00'00" W with the Southwesterly line of this description, the Southerly line of
said thirty (30) foot Drainage Reserve and the Southerly line of said Friendswood Lake, Section
1 a distance of 80.00 feet to the Westerly comer of this description.
THENCE N 45 001'42" E with the Northwesterly line of this description and across said thirty
(30) foot Drainage Reserve a distance of 30.00 feet to the PLACE OF BEGINNING;
containing within said boundaries a calculated area of 2, 400 square feet of land.
EXHIBIT "A -2"
TRACT 2. 0.3970 ACRES
All of Reserve C of Friendswood Lakes, Section 1 subdivision as recorded at Volume 18,
Map No. 1176 of the Map Records of Galveston County, Texas.
'v5 w✓
E)I-IIBIT "A -3"
TRACT 3. 8.47 ACRES
Description of a 8.47 acre tract of land situated in the Mary Fabreau Survey, Abstract No. 69,
Galveston County, Texas; said 8.47 acre tract of land being out of and a part of a called 31.9593
acre tract of land; a called 2.0477 acre tract of land and a called 32.4763 acre tract of land all
being conveyed to Friendswood Lakes, Inc. as recorded at Film Code No. 014 -67 -15 10 of the
Official Public Records of Real Property of Galveston County, Texas; said 8.47 acre tract of land
being more particularly described by metes and bounds as follows:
NOTE: Bearing basis for this description is the Southwesterly line of Friendswood Lakes, Section
2 subdivision as recorded at Volume 18, Map No. 1366 of the Map Records of Galveston
County, Texas; said Southwesterly line being S 45 °54'29" E.
BEGINNING at the most Westerly corner of this description, the same being the most Northerly
West comer of said 2.0477 acre tract of land and also being the most Westerly Southwest corner
of Reserve "I" located in Friendswood Lakes, Section 1 subdivision as recorded at Volume 18,
Map No. 1176 of the Map Records of Galveston County, Texas.
THENCE S 74 013'28" E with the Westerly line of this description and the Southerly line of said
Reserve "I" a distance of 139.67 feet to the beginning of a curve to the right, concave Southerly.
THENCE in a Easterly direction with the Westerly line of this description, the Southerly line of
said Reserve "I" and said curve to the right having a central angle of 8° 18 '02 ", a radius of 416.32
feet, an are length of 60.31 feet and a chord bearing and distance of S 82 141 '27" E, 60.26 feet to
the beginning of a curve to the left, concave Northerly.
THENCE in a Easterly direction with the Westerly line of this description, the Southerly line of
said Reserve "T and said curve to the left having a central angle of 36137'11" a radius of 320.00
feet, an arc length of 204.52 feet and a chord bearing and distance of N 8401 8'4T' E, 201.06 feet
to the end of this curve.
THENCE N 66000'12" E with the Westerly line of this description and the Southerly line of
said Reserve "I" a distance of 156.63 feet to the beginning of a curve to the right, concave
Southerly.
THENCE in a Easterly direction with the Westerly line of this description, the Southerly line of
said Reserve "I" and said curve to the right having a central angle of 5 056'47 ", a radius of
180.00 feet, an arc length of 18.68 feet and a chord bearing and distance of N 68 058'39" E, 18.67
feet to the most Northerly Northeast comer of this description and also being the most Westerly
Northwest corner of Reserve "D" located in said Friendswood Lakes, Section 2 subdivision.
2
EXHIBIT "A -3" cont.
THENCE S 51 026'44" E with the Northerly line of this description and the Southwesterly line of
said Reserve "D" a distance of 401.16 feet to the beginning of a curve to the right, concave
Southwesterly.
THENCE in a Southeasterly direction with the Northerly line of this description, the
Southwesterly line of said Reserve "D" and said curve to the right having a central angle of 4 °55
'46 ", a radius of 2100.00 feet, an arc length of 180.68 feet and a chord bearing and distance of S
49 000'5 1" E, 180.62 feet to the beginning of a reverse curve to the left, concave Northerly.
THENCE in a Easterly direction with the Northerly line of this description, the Southerly line of
said Reserve "D" and said reverse curve to the left having a central angle of 88 05 F14", a radius
of 25.00 feet, an arc length of 38.77 feet and a chord bearing and distance of N 89 °01'22" E,
35.00 feet to the end of this curve and also being the most Southerly Southwest comer of Mossy
Stone Drive (60' right -of -way) as shown on said Friendswood Lakes, Section 2 plat.
THENCE S 46027'10" E with the Northerly line of this description and the Southerly line of
said Mossy Stone Drive a distance of 60.01 feet to the beginning of a non - tangent curve to the
left, concave Easterly; said point also being the most Southerly Southeast corner of said Mossy
Stone Drive and also being in the Westerly line of Reserve "F" of said Friendswood Lakes,`
Section 2.
THENCE in a Southerly direction with the Northerly line of this description, the Westerly line
of said Reserve "F" and said non - tangent curve to the left having a central angle of 90 °30'09 ", a
radius of 25.00 feet, an arc length of 39.49 feet and a chord bearing and distance of S 00 °39'23"
E, 35.51 feet to the end of this curve.
THENCE S 45 054'29" E with the Northerly line of this description and the Southerly line of said
Reserve "F" a distance of 572.61 feet to the most Easterly corner of this description; said point
being in the Easterly line of said 3 2.4763 acre tract of land.
THENCE S 44 006'46" W with the Easterly line of this description and the Easterly line of said
32.4763 acre tract of land a distance of 253.67 feet to the most Southerly comer of this
description and also being the most Southerly corner of said 3 2.4763 acre tract of land.
THENCE N 45053'14" W with the Southerly line of this description and the Southerly line of
said 32.4763 acre tract of land a distance of 820.80 feet to an angle point of this description, the
most Westerly corner of said 3 2.4763 acre tract of land and also being the most Southerly corner
of said 2.0477 acre tract of land.
THENCE N 60 041 '33" W with the Southerly line of this description and the Southerly line of
said 2.0477 acre tract of land a distance of 836.12 feet to the PLACE OF BEGUINING;
containing within said boundaries a calculated area of 8.47 acres (368,799.66 sq.ft.) of land.
3 �� l�
EXHIBIT B -1
DESCRIPTION OF PUBLIC INFRASTRUCTURE
All streets, storm water conveyance facilities, potable water conveyance facilities, and sanitary
sewer conveyance facilities constructed or installed incident to the development of Sections One,
Two, Three and Four of Friendswood Lakes Subdivision, as recorded, respectfully, at Volume
18, Map No. 1176, Volume 18, Map No. 1366, Plat Number 2004A, Map Nos. 11 and 12, and
Plat Number 2007A, Map Nos. 49 -50, of the Map Records of Galveston County, Texas.
0
EXHIBIT B -2
DESCRIPTION OF EXCLUDED DETENTION PONDS
Restricted Reserve A — Recreation/Detention — Section One, Friendswood Lakes — 11.47 Acres,
as shown on the plat thereof recorded at Volume 18, Map No. 1176, of the Map Records of
Galveston County, Texas
Restricted Reserve B — Recreation/Detention — Section One, Friendswood Lakes — 10.08 Acres,
as shown on the plat thereof recorded at Volume 18, Map No. 1176, of the Map Records of
Galveston County, Texas
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