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HomeMy WebLinkAboutOrdinance No. 2016-23 (Title: An ordinance rezoning a 1.5189 acre tract of land located at 311 S. Friendswood Dr., Friendswood, Texas, (as more fully described herein), from Light Industrial (LI) to Downtown District(DD). ORDINANCE NO. 2016-23 AN ORDINANCE AMENDING APPENDIX "C" "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY AMENDING THE ZONING CLASSIFICATION FOR A 1.5189 ACRE TRACT OF LAND LOCATED AT 311 S. FRIENDSWOOD DR., FRIENDSWOOD, TEXAS, BEING OUT OF A CALLED 1.586 ACRE TRACT CONVEYED FROM J.R. MAY AND WIFE, LOUISE MAY, TO CHARLES C. LARY, III, AND RECORDED UNDER GALVESTON COUNTY CLERK'S FILE NUMBER 8549620, BEING PART OF LOT 9, BLOCK 2, OF FRIENDSWOOD SUBDIVISION, AS RECORDED IN VOLUME 238, PAGE 14, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS, LOCATED IN THE SARAH McKISSICK OR J.R. WILLIAMS LEAGUE, GALVESTON COUNTY, TEXAS; AMENDING THE ZONE CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) TO DOWNTOWN DISTRICT (DD), ALL AS MORE SPECIFICALLY PROVIDED HEREIN; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, SJ Parsons Investments, LLC is the Owner of a tract of land consisting of 1.5189 acres of land out of a called 1.586 acre tract conveyed from J.R. May and wife, Louise May, to Charles C. Lary, III, and recorded under Galveston County Clerk's File No. 8549620, being part of Lot 9, Block 2, of Friendswood Subdivision, as recorded in Volume 238, Page 14, in the Office of the County Clerk of Galveston County, Texas, located in the Sarah McKissick or J.R. Williams League, Galveston County, Texas, as more fully shown in the survey, zoning map, location and aerial maps in the attached Exhibit"A", (the"Property'); and WHEREAS, the Owner previously made application to the City to change the zoning classification of the Property from Light Industrial(LI)to Downtown District(DD); and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the City Code of Ordinances, a public hearing on such request, allowing all persons attending to be heard on the question of whether the changes of the uses being requested would affect the public health, safety, or general welfare of the citizens of Friendswood; and WHEREAS, the Plamling and Zoning Commission has filed its written report with City Council, which recommends approval of the application, subject to any certain conditions made the subject of said recommendation; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations,restrictions, exceptions and conditions; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and incorporated by reference, including the representations of Applicant, (as referenced in its Zone Change Application), the final report from the Planning & Zoning Commission, and the minutes of City Council, which City Council is specifically relying upon in adopting this Ordinance, as provided hereafter. Ord 2016-23 2 Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map,"is hereby amended, rezoning the Property identified in the attached Exhibit "A", from Light Industrial (LI) to Downtown District (DD), but otherwise consistent and subject to the current Zoning Code, and related conditions contained therein. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of the Property, as described and as provided in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a brief description of the nature of the change. Section 4. This Ordinance shall in no manner amend, change, supplement or revise any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said Property as conditioned and described above. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more pants. Section 6. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 4th day of April, 2016. PASSED, APPROVED, and ADOPTED on second and final reading this 2"d day of May,2016. 1 � Kevin M. Holl d Mayor t1 Ord 2016-23 3 ATTEST: M% P Melinda Welsh, TRMC s City Secretary � ;O :* 0 : oF7E�.• Ord 2016-23 4 Exhibit"A" 1. Application 2. Deed of Trust 3. Survey and Metes and Bounds Description 4. Aerial Map 5. Location Map 6. Zoning Map Ord 2016-23 5 City of Friendswood — Community Development 910 S. Friendswood Drive r Friendswood,TX 77546 s Phone: 281-996-3201 Fax: 281-996-3260 I I ww.ci.friendswood.tx:us Zone Change Application CURRENT ZONE OF PROPERTY: `� TYP OF ZONE CHANGE(check p e): Land Use Change to Zone: I✓1 ❑ Specific Use Permit Option 1 ❑ Planned Unit Development Option 1 ❑ Specific Use Permit Option 2 \ ❑ Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: r� Address: Platted Land–Plat Name: Lot: Block: Unplatted Land–Attach a certified metes and bounds description OWNER NAME: J tom�� I [h rs ori 51 y(s- yiW5 Phone: 901 ' lb'�'J--, (ood Owner's Mailing Address:J1 5 :5. City:1'? i 0S ,d ) n State: T x Zip:112L Fax: M I- d IZ )2 U 0 Owner's Email Address: G 1',ixll sOhs �� f,UYI'ICGS'{" I'tP AGENT'S NAME :-Ar'l f iq 111 I I/ Phone: Agent's Mailing Address: 1,0[ odf Vlo '71C - City: �'}��/I(/� 7(ll((1(� State: Zip:jjg L Fax: Agent's Email Address: In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agent's representations In matters pertaining to the above described property. The designation of an agent in this matter in no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. The ust be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby r t-eppr I the City C u ell on the above identified zone change. Owner's Signature –Date: 7 Agent's Signature: Date: 312 i + Application Number: l Received By:CJ�1t .� )1��� Received Date: Ej-,I 1 Date of Public Hearing: — Newspaper Notice: i Property Owner Notices: .- Sign on Property: l - Revised 10-28-15 Page 1 of 2 Submittal Requirements for Zone Change Applications ALL APPLICATIONS -PUD and SUP Options 1 and 2, Land Use Changes Application Fee of$300 (Fee is waived for properties zoned DD or changing to DD zoning) ff-current Deed of Record Most recent plat OR Certified Metes and Bounds Description (including name, address and telephone number of surveyor) PUD Option 1 PUD Option 2 This option allows all plans, including the This option will require the applicant to site plan,to be approved as a part of the apply for site plan approval from the zone change request and is a one-time Planning and Zoning Commission at a later submittal. See Zoning Ordinance Section date if the zone change to PUD is 7.J.for more specific plan requirements. approved. At the time of site plan approval all information contained in the conceptual 5—24"x 36"sets of collated plans plan shall be certified by an engineer including a cover sheet, overall site plan, and/or surveyor. landscape plan, building elevations, and photometric plan 5—24"x 36"sets of collated plans 2—24"x 36"sets of collated plans including a cover sheet or letter describing including Engineered drainage, utility, the project, an overall site plan and grading and storm water plans (per the building elevations City of Friendswood Design Criteria Manual) See Zoning Ordinance Section 7.J.for 2—24"x 36"sets architectural plans more specific plan requirements. including mechanical,electrical and plumbing plans Specific Use Permit Option 1 Specific Use Permit Option 2 This option allows all plans, including the This option allows utility and drainage site plan,to be approved as a part of the plans be submitted with the building permit SUP request and is a one-time submittal. application at later date if the SUP is See Zoning Ordinance Section 9.G.3.for approved. more specific plan requirements. 5—24"x 36"sets of collated plans 5—24"x 36"sets of collated plans including a cover page, site plan, including a cover sheet, site plan, landscape plan, photometric plan, building landscape plan, photometric plan, building elevations, tree survey and mitigation plan elevations,tree survey and mitigation plan 2—24"x 36"sets of collated plans including Engineered drainage, utility, grading and storm water plans (per the See Zoning Ordinance Section 9.G.3.for City of Friendswood Design Criteria Manual) more specific plan requirements. 2—24"x 36"sets architectural plans including mechanical, electrical and plumbing plans Revised 10-28-15 Page 2 of 2 DE,RD OF TRUST NOTICE OF CONFIDENTIALITY RIGHT'S:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST M REAL PROPERTY BEFORE IT 19 FILE D FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL.SECURITY NUMBER OR YOURDRIVBR'S LICENSE NUMBER. Date: (lh4'ottx-r y3 12015 Grantor: SJ PARSONS INVESTMENTS,LLC Grantor's Address: 315 S.Friendswood Dr. Friendswood,Texas 77546 Trustee: G.WILLIAM RIDER Trustee's Mailing Address: Suite 802,2200 Market Street Tower 2200 Market Street Galveston,Galveston Canty,Texas 77550 Beneficiary: HOMETOWN BANK,NATIONAL ASSOCIATION Beneficiary's Mailing Address: P,O.Box 3909 Galveston,Galveston County,Texas 77552 Note(s): Date: DL616f-r 13 ,2015 Amount: $491,560.00 Maker: SJ PARSONS INVESTMENTS,LLC Payee: HOMETOWN DANK,NATIONAL ASSOCIATION Final Maturity Date: October 2035 Terms of Payment: Principal and interest initially payable in 60 monthly installments of $3,231.41 and thereafter as provided In sold note;provided,however,the entire principal balance and all principal mid Interest then remaining unpaid shall be paid on the_t_5' day of October, 2035. Property:(including any improvements): A tract of land containing 1.5189 acre,more or less,out of a called 1.586 acre tract conveyed from J.R. May and wife, Louise may to Charles C. Lary, BI, and recorded under Galveston County Clerk's File No. 8549620,being part of Lot 9.Block 2,of Friendswood,as recorded in Volume 238,Page 14,hl the Office of the Canty Clerk of Galveston County,Texas,located in the Sarah McKissick or J.R.Williams League,Galveston County,Texas,said 1.5189 Acre Tract being more particularly described by mctos and bounds as follows:(Bearings based on Galveston County Clerk's File No.854962) COMMENCING at the South comer of said Lot 9,and being in the original centerline of F.M. 518; THENCE North 45 000'00"West,along the South line of said Lot 9,a distance of 826.00 feet to a point for corner; THENCE North 45°00'00"East,a distance of 42.00 feet to an"X"found in concrete for the POINT tQF BEGINNING of the herein described tract,being in the Northeast right-of--way line of said THENCE North 44°47'40" West,(called North 45°00'00" Nest) along the Northeast right-of- way line of said F.M.518,a distance of 116.12 feet(called 116.00 feet)to a 1/2 Inch iron rod set for comer in the Southeast right-of-way line of Magnolia(based on a 48.00 foot wide right-of-way) as conveyed to City of Frieadsmood tinder Galveston County Cledc's File No.8649685; •THENCE North 45°01'17"Sec.East(called North 45 000'00"East)along the Southwest right-of- way Ihte of said Magnolia,a distance of 310.71 feet(called 311.50 feet)to a 518 inch iron rod found for comer; THENCE South 45000'00"East,a distance of 282.00 feet to a 1/2 inch iron rod set for comer; THENCE South 45000'00"Nest,a distance of 204.13(called 204.50 feet)to a 1/2 inch iron rod set for comer; THENCE North 45001'54"Sec. West (called North 45°00'00"West) a distance of 65.93 feet (called 66.99 feet)to a 1/2 inch iron Ind set for comer; THENCE North 43°42'41"East(called North 45000'00"East),a distance of 10.01 feet to a 1/2 hieh iron rod set for comer; THENCE North 1302236"Easy a distance of 36.51 feet to a I/2 inch Iron set for comer;THENCE North 44052'07"West,a distance of 80.62 feet to on"W"found in concrete for corner; THENCE South 45001'54" West(called Nordt 45000'00"West),a distance of 148.25 feet to the POINT OF BEGINNING of tine herein described tract and containing with these calls, 66,165 square feet or 1.5189 acres of land more or less.. Prior Liens: NONE OlherBxceptions to Comaymce and werrmlty: NONB For value received and to seems the payment of the note,Grantor convoys the property to Trustee in trust. Banner er warrants and agrees to defend die tide to the property, if Grantor performs all die covenants and the note Is paid according to ila terns,this Deed of Trust shall have an further effect and Beneficiary shall release It at Grantor's expects. Grantor's Obligations: Grantor ogees m: i, keep die property in good repair and condition; 2, pay all taxis and assessments on the property when due; 3, preserve die lien's priority as It is established in this deed oftmst; 4. maintain,in a form acceptable to 13eneficlary,on insumnea policy that; a, covers all improvcmcnts for their full insurable value w determined when the policy is Issued and renewed, unless Beneficiary approves a smaller anauntin writing; b. contains an 800/co-Insurance clause; c, provides fire and extended coverage,Including windstorm coverage; d, protects Beneficiary wilt a standard mortgage einasei 0. provides flood insurance at any time the property is in a food lu and area;and f, contains such other coverage as Beneficiary may reasonably require. 5. comply at all limes with the requirements orlhe 80%eo•lummue chance; 6, deliver dso Insurance policy to Bcn flclary and deliver rene vals to Beneaclary at least ten(10)days before expimthun 7. keep any buildings occupied as required by the insurance policy; a. if this Is not a first lien,pay all prior lien notes that Gmnlor(s)are personally liable to pay and cattle by all prior nen Instruments; 9. Permit Trustee and Beneficiary,and their agents,representatives and employees,to inspect the Property at all reasonable times. 10. Famish to the Bencialary by January 31st of each year during the term of the note,proof,in a Tacit satisfactory to the Beneficiary,that all ad valorem faxes on the Property have been paid in full 11. Finnish,from time to time,to the Beneficiary promptly upon request,but in any event,no hater than April t of each year during the term of the note, the personal financial statement of Grantor(s),swum to by Grintor(s),and In such form as Beneficiary may require. Such financial statements shall include an adequately detailed current statement of assets,liabilities and net worth and current income statemcnts to such detail as die Beneficiary may reasonably request,all to confemrto generally accepted accounting principals consistently applied. a:,;' 2 12. Except oft otherwise expressly set forth herein,Ocular will defend,at Grantor's own cost and expense, and hold Beneficiary harmless from,any action, proceeding or claim affecting the Property or this instrument. All costs and expenses incurred by Beneficiary in protecting its interests hereunder in such an event(including all court its and ettomeye fees) shall be home by Grantor. Beneficiary's Rights: 1. Beneficiary may appoint in writing o substitute or successor trustee,succeeding to all rights and responsibilities of the original trwtco. 2. If the proceeds of the note are used to pay any debt secured by prior liens,Beneficiary Is subrogated to all ofthe rights mid(lens ofthe holders ofeny debt so paid. 3. Beneficiary may apply any proceeds received wider the Insurance policy either to reduce,the note or to repair orroplace damaged or destroyed improvements covered by the policy. 4. If Grantor(s) fait to perform any of Grantor's)' obligations, Beneficiary may perform those obligations mud be rclmbwsed by Gmmor(s),on demand,at the place where,the note Is payable for any sums so paid, Including attorneys.Res,plus interest on Broso sums from the dales of payment at the rate staled in the note for nummed,unpaid amounts.The sum to be reimbursed shall he secured by tills deed of W st. 1 IfOranlor(s)default on the note or falls to perform any ofOranter(sy obligations or ifdefeull occurs on a prior Ilan note or other Instrument,and the default continues after Beneficlary gives Charter nutlet of the default and the time within which it must be oured,as may be required by law or by written agreement,then Beneficiary may: a. declare the unpaid principal balmce and earned interest on the now immediately due; b. request Trustee to foreclose this lien In which case Beneficlary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended;Grantor hereby outhorlres and empowers the Trustee to sell die Property as a wit or in lots or In parcels,as the tract"shall deem expedient;and e, purchase the property at shy foreclosure sale by offering the highest bid and have the bid credited on llm note. d. Upon the occurrence of a default,or at any time therea(le,or upon the breach of any covenan5 term or condition herein contained,Beneficiary,in lieu of or In addition to cowing the Trustee to exercise the power of sale hereafter given,may proceed by suit for o foreclosure of its lien on the Property,to sue Makers of the Note,or any of them for damages on,arising out of said default or breach,or for specific performance of my provision contained herein,or to enforce any other appropriate legal or equitable right. Trustee's Duties: Ifrequested by Beneficiary to foreclose this lien,Trustee shall: 1. either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended, 2. sell and convey,all or pan ofthe property to the highest bidder for cash with a general warranty binding Grantor,subject to prior liens and to other exceptions to conveyance and warranty;and 3, from the proceeds ofthe sale,pay,In this order: 0, expensesofforeclwure,including a commission to Trustee of five percent(5%)ofthe bid; b, to Beneficiary,the full annual of principal,Interest,mtomey's fees,and other charges due and unpaid; c. my amounts required by law to be paid before payment to Grantor;and d. to Greater,my bmmcc. 4. Upon the occurrence ofmy,default,or at any time thercaRe,the Trustee,when requested to do so by the Beneficiary,shall soil the Property at public auction to the highest bidder for cash,between We hours of 10:00 a.m.and 4:00 pan,on the first Tuesday In my month,at the door of the courthouse In the county in which the Property,or any part thereof,Is allotted,after complying with the then applicable posting mid nallce provisions of the Texas Property Code.The Tussles may postpone the sale of all or my portion of the Property without notice or snnowcemenl,and from time to time therezfiernay,father postpone each sale without notice or announcement, Iftac Property is located In more than one county,then notiecs shall he(1)posted at the courthouse door and(1i)filed with the County Clark of each county in which the Property Is located(designating Brae comp,In wdaich the sale will be held)and the Property may be sold at the door of the counbouso ofmsy one of such co isles. 5. TRUSTEE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OR ERROR OF JUDGMENT IN CONNECTION WITH THIS DEED OF TRUST,IT BEING THE INTENT OF THE PARTIES HERETO THAT TRUSTEE SHALL NOT BE LIABLE FOR THE TRUSTEE'S SOLE OR CONTRIBUTORY NEGLIGENCE, GRANTOR SHALL AND DOES INDEMNIFY TRUSTEE AGAINST'ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, COURT COSTS, ATTORNEYS' FEES AND EXPENSES THAT TRUSTEE MAY INCUR IN THE PERFORMANCE OF TRUSTEE'S DUTIES HEREUNDER OR OTHERWISE IN CONNECTION WITH THIS DEED OF TRUST WHETHER OR NOT SAME RESULT FROM THE SOLE OR CONTRIBUTORY NEGLIGENCE OF TRUSTEE. THE FOREGOING SHALL ALSO APPLY TO ANY SUBSTITUTE TRUSTEE HEREUNDER. General Provisions 1. If any of the property Is sold order this dead of tmat, Gmmor shall immediately surrender possession to the purclseser,If Granter falls to do so,Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 21 Recitals in any Trustees deed conveying the property will be presumed to be true. 3. Proceeding under this deed of bust,filing suit for foreclosure,or pursuing any other remedy will not constitute an at action oftemedles. 4. This lien shall remain superior to liens later created even If the time of payment vital or part of the note is extended or part oftho property Is released. _ s I 5. Ifany portion ofthe note cannot be lawfully secured by this deed oflmst,payments shall be applied Ant to discharge that portion. a!FSdW s 3 6. No building or other property now or hereafter covered by the lien of this Deed of Treat shall be removed,demolished or materially altered or enlarged,nor shall any nmv building be constructed,without the prior written coreml call eneficlary, 7. Beneficiary and Beneficiary's agents or representatives shall have access to the Property at ell reasonable times in order to inspect same and verify Grantor's compliance with Grantor's dudes and obligations under this document. S. Gmntor assigns to Beneficiary all arms payable to or received by Grantor from condemnation ofall or part of the pmpmty,from private sale In lien of condemnation,and from damages caused by public%socks or construction on or near the property.After deducting may expenses Incurred,including anomeys fees,Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the note.Beneficiary shall not be liable for failure to collator to exercise diligence to colleciing any such sums. 9. Grantor assigns to Beneficiary absolutely,not only as collateral,all present and future rent and other Income and receipts from the property.Leases are not assigned.Grantor warrants the validity and enfomeabllity ofthe assignment.Grantor may as Benefieiarys licensee collect rent and other Income and receipts as long as Grantor Is not in default under the note or this deed ofbust.Grantor will apply all rent and other Income and receipts in payment of fire note and palmnmeo of this dead of trust,but if the rent and other Income and receipts exceed the amount due under the note and deed oft runt,Grantor may retain the excess.IfOrmtor defaults in payment of the note or performance of this dad of torsi,Beneficiary may terminate Grantors license to collect and then as Grantors agent may rent the property if It is vacant end collect ell rent and other income and receipts.Beneficiary neither has nor assumes any obligations as lessor or landlord%vith respect to my occupant of the properly.Beneficiary may exercise Beneficiarys rights and resnedies under this paragraph without taking possession ofthe properly.Beneficiary shall apply all rent and other Income and receipts collected under this paragraph that to expenses incurred in exercising Benefreterys rights and remedies and then to Grottoes obilgaliom under the note and this deed of trust in die order determined by Beneficiary.Beneficiary Is not required to act under this paragraph,and acting under this paragraph does not waive any offlenefielorys other rights or remedies.I[Omnrot becomes avoluntary or involuntary bankrupt,Beneflelarys fling a proof of claim in bmkniplcy will be tantamount in the appointment of a receiver under Texas Imo. 10. Interest on the debt scoured by this deed of hest shall not exceed the maximum amount of nonasurious Interest that may be contracted for,taken,reserved,charged,or received under law;my Interest In excess of that maximum meant shall be credited on die principal of the debt or,if that has been paid,refunded.On my acceleration or required or permitted prepayment, any such excess shell be canceled automatically as of the acceleration or prepayment or,If already paid,credited on the principal ofthe debt or,if the principal of the debt lens been paid,rePotided.This provision overrides older provisions in this and all other instruments concerning the debt. It. When the content requires,singular noms and pronouns Include die plural. All obligations of multiple Grantors majoint and several. 12. The terra note includes all sums secured by this deed of Dust. 13. This dead oftnut shall bind,Inure to the benefit of,and be exercised by successors in interest of all parties. .. 14. IfGmmor and Maker us not the same person,the teat Grantor shall include Maker. 15. Grantor tuner covenants and agrees(which cowasefts and egrecments shall survive any foreclosure,or deed in lien ofilworlasum ofthaPmperty and any sadsfactlon ofthe Indebtedness)that (1) (horror has no Imowledge of(I)the pressman of my`Hazardous Substances"(as defined belmv) on or about the Property or(b)army spun,renames,discharges or disposal of Hamden,Substances that have named at am presently occurring on or onto the Property ormy'Other Property"(as defined below). (2) In anoation with the comumcttan on or operation and we of the Property,Grantor has no knm%iedge of any failure to eomply kith all applicable local, slate and federal emiram,mm laws; regulations,endemics and adminlstrethe and Judicial orders relating la the generation,recycling,reuse, sale;stooge,handling,transport and disposal ofanyHari i leas Substances. (3) Grantor has slum no release or mabtt ofliebility that would nalva or impair my claim haled on Harmdous Substances to a previous onner of the Property or to my party nho may be potentially responsibIt for the preemm orHafardoes Substdnca to my party. (4) Grantor agrees to tnunediately notify Holder If Maker became,mvem of(a)my linardous Substances oradrer cmdromormal problem or liability with respect to the property or my Other property or (b)my lien,action of notice owning from violation ofeny,Ims,regulations,ordinance or orders described in Pa amph(2)abovo.At Its one coal,Maker will take all ectiarea%dhid arc necessaq•orduireble to clean up my lWallous Substmeas of aing die Property,including removal,containment or my other remedial adion required by applicable governmental ammides. (5) Cimidor w01 Indemnify and hold Holder hamdim firm and against my and all claims,demands, deranges,lolls,lien,liabilities,penalties, lines,Iannits and disbursements),which came to or are indexed by Holder on at after transfer ofthe Property,pursuant to foreclosure proceedings or in lieu thereof mid on and alter the Indebtedness is fully paid,and arise directly or indirectly from or out of,or in my may in comeaion with(a)die Inaccuracy of the ceri ficadons contained herein,(b)my amivites on the Property during Holders mmenhip,possession or antral of the Property such directly or indirectly adult in the Property or my ether property beaming ennemil elod with Hamrdoua Smatenec,,(e)the discavery of Hazardous Substances on the property or my other Property,and(d)the clearoup after such a transfer of HazaMom Substances from the Property or my Other Propmy. Grantor adomvledges that 11 will be solely responsible for all corns and expenses miaUog to the clem•up of Irmardoes Substances firm the Property or from my Odiarmpedy. (6) As used herein, 'Hazardous Substanca"shall mean: my wbaima or material dolled or designated as bwardous or toxic waste,hmaNOUs or toxic malarial,a bmarfins,toxic or radioactive sulxmmco,or othtr,hang team by my federal state or local endroamenlal minor health statute,regdetion or ordinance presently la mind at that may be promulgated in the fulme as such sonatas,.regulations and ordinmas may be amended from flute to than,Including but noilimited to the stowles listed beloee Federal Removes Conservation and Rtcovay Act of 1986,42 U.S.C.6"19 ace. Federal Compeehemhe linviroomenW Response,Compensation,and Liability Ad of 1990,42 U.S.C.9601 am Federal Clan Air Am,42 U.S.C.Section,7401-7626. Federal Water Pollution Combat Act,Federal Clean Water Act of 1987,33 U.S.C.1257 et sea. _ Went Iwa ticide,Fungicide and Rodenticide Act,Federal Pesticide Ad of 1988,7 U.S.C.Pemgropb 13 m '•pm)im�;t 4 federal Toxic Substances Control Ad,ISU.S.C,2601 etsea. Federal Safe Drinking water Ad,42 U.S.C.300d)et sea. Federal Solid Wale Disposal Ad(42 U.C.6921 el sea. Taxes,Water Coda Texas Clean qh Act,Texas Revised Civil Stetut.Amomled Asucle 4477.5(Vemon 1986 and Supp.1989) Texas Solid Wane Niftiest Act,Texas Revised Civil Sumter Annotated Ankle 4477-7(Vernon 1986 and Supp.1989) Texas losvLevel Hedios d t,Waste Disposal Authority Act,To.Revised Civil Setutes 4590F1(Vernon 1986 and Supp.1989) As used to this Deed of Trust,"Other Property"means any propeny v0doh becomes cootainhated with ' harardous substances as a result of wnslruction,operations or other aWvlliu on,or the wateminalion or, use Property. 16. If all or any pad of the property conveyed herein is sold,transferred or conveyed by deed or by contract of sale or by any other means without Beneficiary's prior written consent while the note secured hereby or any portion Wereof remains unpaid,Beneficiary may,at Beneficiarys option,mature tine entire Indebtedness and declare the entire balance on said note to be due and payable In Ind. Beneficiary may waive said option to accelerate if,prior to the sale or transfer,Beneficiary and the person to whom the property Is to be sold or transferred reach agreement lit willing that the credit of such person is satisfactory to Beneficiary and that the Interest payable on the scans seemed by this Deed of Trust shall be at such a rate as Beneficiary may request Failure on the part of Beneficiary to exercise sold option to accelerate shall never in any event be interpreted as a release of liability of the original Maker of said note or any other person liable thereon. 17. This conveyance is also made in trust to secure and enforce the payment of all other indebtedness of Grantor(s),or any of diem,to Beneficiary preachify existing or which may in any manner or means hereafter be Incurred by Grantors)or any of giant,and evidenced in any manner whatsoever, either by notes,advances,overdrafts,bookkeeptng entries or any other method or means,whether such indebtedness is direct or Indirect,primary or secondary,fixed or contingent,it being contemplated that Grmrtor(s)may hereafter become Indebted to Beneficiary In further sum or sums, It being expressly agreed and understood that any and all sums now owed to or hereafter advanced by said Beneficiary to Grantor(s); or any of them, shall be payable at the offices of HOMETOWN BANK, NATIONAL ASSOCIATION in Galveston County,Texas,said shall bear Interest as may be provided in such notes or other evidences of indebtedness given by Grantors), or mry of them,to said Beneficiary; and this Instrument is also executed for the purpose of securing and enforcing the payment of any renewal and extension of my note or of any pan of said indebtedness of Grantor(s),or any of them,and including any further loans and advancements made by said Beneficiary to Grantor(s), or any of them,under the provisions hereof. The fact of repayment of all indebtedness of Gmntor(s),or any of them,to said Beneficiary shall not terminate this mortgage milers the same be so released by said Beneficiary at the request of Gmmors),but uthenwse it shall remain'in full torte and effect to serum all future advances and lndebtednesses,regardless of any additional security that may be taken m to any past or future Indebtedness,and shat l be unaffected by any renewals,extensions or partial releases hereunder, 18. The note hereby secured is given as a part of the purchase price of the herein described real property,and this Deed of Trust is in addition to the vendor's lied retained in a Deed this day given by BILLY PAUL PONDER and BILLY PAUL PONDER, JR. to Greeter hereof, securing the payment of the indebtedness described berehy And It is expressly agreed that the same shall not operate as a . Waiver of the liens created by this Deed of Tnud; It is agreed that said liens and rights created by this instrument shall be eunmlative And in addition to said vendor's lien. 19.Final AI? meat of the Parties In consideration of fire premises and other good and valuable consideration,the reeeipt and sufficiency of Which are hereby acknowledged,Greater confers and agrees that this Deed of Trust (including any Exhibits hereto), the Note, any guarantees of the Note executed by any guarantors and all other loan papers related hereto or thereto executed by wry of the parties hereto or thereto substantially concurrently herewith together constituto a wdften "loan agreement" as defined in Section 26.02(x) of tile Texas Business and Commerce Code. . .. THIS WRITTEN LOAN AGREEMENT REPRESENTS TIE FINAL AGREEMENT BETWEEN TBE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES, H T >4-3) PrA _a 5 Pf4„ THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. EXECUTEDtlris .B dayof or—A&o,.0 ,2015. SJ PARSONS INVESTMENTS,LLC By: TGS VENTURES,L.P.(A Texas limited partnership) Its Managing Member By: TGS GP,INC.(a Texas corporation) Its Gene Partne By: Stacy L. ti e k hall,Presi e By: DRIP VENTURES,LP (a TeXas Limited Partnership) Its Managing Member By: DRIP MANAGEMENT,INC.(a Texas c moon) It era Partner By: Setncs Parson P d nl THE STATE OF TEXAS ) COUNTY OF six OA4 na_ ) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORL' ME ON THR DAY OF DrWnof-- , 2015, BY STACY L. MrNBFNEALL,PRESIDENT OF TGS GP, INC.,A TBxAS CORPORA-BON,GENERAL.PARTNER OF TGS VENTURES,L.P.,A TEXAS LIMITED PARTNERSHIP,MANAOIdG MEMBER OF SJ PARSONS INVESTMENTS,LLC.,A TEXAS LIMITED LIABILITY COMPANY, ON BEHALF OR SAID CORPORATION,PARTNERSHIP, AND LLMFFED LIABILITY COMPANY. 011-f w tESt�IfflRRO NOIOteePa TICS B eottex05 tary Public in and foe TlBiSTATE OP TEXAS MycBmmu510nExpues,, Au0us112,2018. rCC 0 �SS!gppgr�.{{p�t, FIN 4( STATE OF TEXAS ) COUNTY OF ) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE J3 DAY OP D(� 2015 BY JAMES PARSONS, PRESIDEMP OF DRJP MANAGEMENT, INC.,A TEXAS CORPORATION,GENERAL PARTNER OF DRIP VENTURES,L.P.,A TEXAS LIMum PARTNERsBp,MANAoiNo Mamma OF SJ PARSONS INVESTMENTS,LLC,A TEXAS LIMITED LIABILITY COMPANY,ON BEHALF OF SAID CORPORATION,PARTNERSHIP,AND LIMITED LIABILITY COMPANY. NOtONPUIbI'cgjUieRop,texOS Notary J R lic in and for THE STATE OF TEXAS Mvcogan @nEx IBa �+ .,• Au9us112,2018 Loan origination organl;ntiom HOMETOWN RANK,NATIONAL ASSOCIATION NMLS to 478260 Loan Originator:Allan Rasmussen,Jr. NMLS to 684576 AFTER RECORDINO RETURNTO: PREPARED IN TIM LAW OFFICE OF: HomeFo\m Bank,NA. RIDER Q WILSON P.O.Box 3909 Suite$02,2200 Market Street Totcer Oalveston,Texas 77552 2200 Market Street Galveston,Texas 77550 HT f!A, I1J;'ES��I I;. 7 Te�3.:r`.6€:, LEGEND•^D'sWLTM„e*,N""nu�°P'""• s+uP.:RAND Fee w���m'mY 1 ` 0 mNmDL IwxuuENT -waa rwu At 4:::P Pm Y[FAC ,•m,Drt -rewmrc u x -aw 1Prt ro¢ ::emu rya.� c'v-MA',iLE xNCa Y va°OX`Nr w°°WYRVmnj4` -u,00„urc -9--4nu reu _ Vg41O:Oip Kx1YTdS MVANt �d�OaW4 -�Mea�]0.M MIAMC �-M05105!N.KK Yi -YICIW¢ NtC-VAIW IIKSIIIIEII� ' UTS.WVL`d TO 5P WffIXW -dAM14 YNL -�MY,L S SCALE FIR. 1'`50 FAP. mw I/x• E%P-DRAINAGE DISTRICT/B £VANS, WILLIAM E 1' MORNINGSIDE OFFICE PARK PT OF LOT 9(9-2) 3 ABST 151.RES A(0-1) BILK 2 FRIENDSWOOO SUB ACRES 0.109 C.F. /2009058595 Deed Beek 2OD4A W-1901/P-590.GGDR.) :,5\ IS Deed P.,W 118 d d F.ML 8 S 45' OD'OD" E 282.00' i%s RHNOS4000 Laee 5/6' B4. L015 Pbek e.MWT£R VMECgiOm a8 GCD.R) n ONE STORY o 7 d METAL BLDG 1.5189 ACRE* o 0 N SLOT R4 4 HKO w CDNC wr xoovTR uxREtOPCfD ae _ - . N 6o W:0399 t` WOOD _ .`.�::' DoM Pqa 04x7 Noi GRAVEL DECK 0 60.2 15YL/WCIrt55-EMFRA ESVf •.:•_• _ �s�G M]lalx �' 0 d, P.P. :I(.' o 0 O YACR.NE HW W r..h•F�':F,.0.I. O LOT RS NWIR LWRELWKKD aB •0.00X0 -1'i 1q X - . .gym Ba 0289 Ld LJ D.Ps 04V D% N H 44.5TOYW F- 80.8Y V) 802 1C`i}V eE euu,PWVV,e,� v ONE STORY Q O . •. 4�3•1�_NI+VV3-]R'RWWc/RP EES-SSOSbEEN RS3 mS'4 m2'4L r1'£ 80'2• d METAL BLOG . .R. %Y 2.3 W d .9u 55o T 10.01' 0Q 18.4 g d S1rcSx2a 1.1 36.2 (w3w475.O.R.aa) g g 9 I = Ngk gB .{NN uaEAN,uRRK ALYId ONE STORY o q ' .f 9D52�LOS OxoOR" oo o ka8 METAL BLDG ° °.' .{(ina cE.T2DOZOSO1s. I� N 3R 100.0 6'Wg1E55-EfAE33 ML 0V 3.0 P.O.R.(MD.'R7 SIR N 44' 47'40" W 118.12' IRAN '�Raw.of F,sX INLET v.o.c IS LOY.OF $ N 45•WOV W 311 SOUTH ° wu..Da FRIENDSWOOD DRIVE RoN oe&P pial ny, onm 1 oaw No s LEGAL DESCRIPTION -RFNaNO RAMS C.F.1ALf962 A ARIES ACRE TRACT BEING OUT E U CALLED LVES ACRE TRACT CONVEYED FROM J.R.MAY AND WIFE.IO F L 9. TO -sueu0r TO SE4 AvD ALL RECOld>m AND CHARLES C.TART,III.AND RECORDED UNDER GALVESTON COUNTY CLERKS FILE N0.0549820,BEING PART Qi LOT 9.ARY UNRECORDED FASFNM BLOCK 2.OF FRIENDSWOOD.AS RECORDED IN VOLUME 23&PAGE 14,IN THE OFFICE OF WE COUNTY CLERK OF sUmryTR 1X9 x05 nefpMWl11LY ARRPILTEO CALVESiON CpJNTY.M S,LOCATED IN WE SARAH MCKISSKX OR J.R.NWAMS LEAGUE GALYESTON COUNTY.TEXAS -UwmsxaRD URUIY SAD 1.5159 ACRE TRACT BONG MORE PARIIOULARLY DESCRIBED BY METES AND BOUNDS ATTACHED. 116TNlAM S.NOMMOUND I4RWhMD114 FOVAMARDe3 MRA/OR OTIM IWCfACf.OVNO SR=URES..NOT L0043m BY T1a9 aRrer ADDRESS 1RAASww DRAY..ir�TFDTRwmiERresE TO SJ PARSONS INVESTMENTS, LLC 311 SOUTH FRIENDSWOOD DRIVE ILaTNWI WSIINIpN9 OR SVWLOUMr QFRMR �A9�RUCf410 IG]ZFJCIM1E COIT3 .AS PER -sURIECr TO ZONING MD KeuO m,AMI JOB @ 1508202 "VeR"De at U,OA-4uMAFA TLS D F T -PA4E I OF 2 .�E....... AP•GS STFq -F DATE B-26-15 TOe F01�1(: roe v.cou nur+ • 6FM FW1537972 P y PRO-SURV O'SU P.O.BOX IMS.FRIENDSWOOD,TX 77549 PHONE281-99&1119 FAX-231-995A112 EMAIL: riders®pnMVrvnel I DO HmY fMTfY TNT Tk5 Seem em MS DAY MAA OR T¢ T.B.P.LS.FIRM 010119300 4ROU:D OF 1RE PROPO N ImALY e.W.MIIEgI W CN ATIAGW WAY;%wz Y.VS N11N T6 AP KY PI$pIXdA, ( Sg1AN6 N6 4TlIVP£AVE ND[C94CT ttg6 51X£1).NN TREK£ME HO FM'A !eAR "AS SNO'MI.NT.5 eF—SM'MFe eRORML.Np aWp1. TR dWE BY LX CA AMm NY aFEAN51p1.MD CWFg145 YO CR ppm5 'Re IMOR 5(NAANO$/5 ADLpRO OY tt£}LYAS RO.MD a ® NL Po4M5 R4QQIF0 P0.CPEAMIN VNp aRK1WG x015 P.ghf4AV- FIELD NOTES OF A SURVEY OF A tract of land containing 1.5189 acre,more or less,out of a called 1,586 acre tract conveyed from J.R. May and wife,Louise may to Charles C.Lary,111,and recorded under Galveston County Clerk's File No. 8549620,being part of Lot 9.Block 2,of Friendswood,as recorded in Volume 238,Page 14,in the Office ofthe County Clerk of Galveston County,Texas,located in the Sarah McKissick or J.R.Williams League, Galveston County,Texas,said 1.5189 Acre Tract being more particularly described by metes and bounds as follows:(Bearings based on Galveston County Clerk's File No.854962) COMMENCING at the South corner of said Lot 9,and being in the original centerline of F.M.518; THENCE North 45 000'00"West,along the South line of said Lot 9,a distance of 826.00 feet to a point for corner; THENCE North 45 000'00"East,a distance of 42.00 feet to an"X"found in concrete for the POINT OF BEGINNING of the herein described tract,being in the Northeast right-of-way line of said F.M.518; THENCE North 44 047140"West,(called North 45°00'00"West)along the Northeast right-of-way line of said F.M.518,a distance of 116.12 feet(called 116.00 feet)to a%z inch iron rod set for corner in the Southeast right-of-way line of Magnolia(based on a 48.00 foot wide right-of-way)as conveyed to City of Friendswood under Galveston County Clerk's File No.8649685; THENCE North 45 001'17"Sec.East(called North 45 000'00"East)along.the Southwest right-of-way line of said Magnolia,a distance of 310.71 feet(called 311.50 feet)to a 5/8 inch iron rod found for corner; THENCE South 45 000'00"East,a distance of 282.00 feet to a%inch iron rod set for comer; THENCE South 45 000'00"West,a distance of 204.13 (called 204.50 feet)to a %z inch iron rod set for corner; THENCE North 45 001'54" Sec. West(called North 45°00;00"West) a distance of 65.93 feet (called 66.99 feet)to a%z inch iron rod set for corner; THENCE North 43°42'41"East(called North 45 000'00"East),a distance of 10.01 feet to a%:inch iron rod set for corner; THENCE North 13 022'36"East,a distance of 36.51 feet to a%inch iron set for corner; THENCE North 44 052'07"West,a distance of 80.62 feet to an"X"found in concrete for corner; T14ENCE South 45 001'54"West(called North 45 000;00"West),a distance of 148.25 feet to the POINT OF BEGINNING of the herein described tract and containing with these calls, 66,165 square feet or 1.5189 acres of land more or less. Page 2 oft or P.:�s rs•..-h h.... ..Reo firm r�� u ury ,d d'SUrijC • A �. y IP Qv�P 1 r s ,w "Abject Flmpcity: w RF ,r it t INN Legend r it — Lot Lines �� • Address Points ( City Limits ='Counties Uschamer.Thisproduct is forinformaliona)purposes sedmaysof have been prepared lororbe suitable lorkgal,engineering,orsemyhlgpurposes It does not ei msent an oh the groundsurveyand mousses(s mlylhe appmxlmale mlaUm Imatim of pmpedy boundaries.Ccv C§2501.102 The useris enmmagau to independen(y verilyalllnlomralion cuvumnedin this product The 01yof Friendswood makes no representation orwanentyas to the accuracy ofthlsmanucl orto its fitness for a parb'cularpurpose.The user.(I)aocepts the pmducl AS/S,IMTHALL FAULTS:(2)assumesall responsibility India,use thereof and(3)releases the 0(yofFnendsvionsiftemanyoomage,loSS orflability ansing from such use. City of Friendswood e 91South Friendswood Driv e Friends wood,Texas 77546 (281)996-3200 Friendswood GIS Mapping - w .dfnendswood.bcus 1 "=97' ?OS 211 204 206 � z7z ryo1 SOP 2'09 o`Oj 201 .6 O p 205 0 n�0� CqR 2O�p 208 �' o ryas R ry z°s �PV �^^ 0 z° q 203 1 22 u soe �`2STq ^� m 0 108 209 �pP 10 20x' �p0 RR/4c 1O b a� PpO ^ph 310 sia 9� b 312 ^ b� 214 305 121 0.�� h 3�1 0.b b� o 311 118 00� b 302 110 J� T'o8 Subject Property: N1 >°c 6�P 311S. 6% `) 6 yob 109 Friendswood Dr. 1111% 310 5�OOO NI) >i 303 312 0 314 0�O 108, j �QO (qG 118 6VP. 408 ry Legend Goy RFC yOSC a° Lot Lines ...City Limits �iendswood;SDAdministration ° 416 p`?o _tCOunties 400/ sr� 70& yQ ® Schools d�3 110 S� Disclaimer This product is lorinkrmalionalpuWses aid may not have been prepared Axorbe suitable fortagal,engineering,orsuoaymgpuryoses it does not represent an on-theymund surveyand rep2senls ordylhe approximate relative location ofpmpertyboundanes.Gov C.§2501.102.The mamis encouraged to independently venfyalllnfbrmntion cxmmimmin Ihispmduct The City of Fiends wood makes no mpmsenmIion or wa0anly as to the axmitcyof Ihlsproduct orlo its blows tore padwelarpurpnse.The user.(1)accepts(heprodud AS IS,WITHALL FAULTS,(2)assumes all responsibility forthe use(hereof, setl 3 releases the Cifyoffnendswoodfromanydamage,loss,ortiabifftVanVoghom such use. City South Friendswood in 910 SOUfh Fdendswood Odve Fdentl281)9Texas 77546 Friendswood GIS Mapping (207)99fiJ200 wwwd ffiendsmod.ix.us 1 "= 196 ' • • 0+ • cs�OF • .;9941: o • • R • \\• • \ &gyp .: :. ........................ :i�i rill ii iii �x;i;i.�iii•iiir c:'ii i� .. .......... .....201 '^ 7................ ................... ...:.....:............... • °iii'iiiiiiii iiiiiiiii' Subject Property: m 311S. �R�F Friendswood Dr. 0 �osiy • FlO �0 • s�o oR • 000 � R r Legend • Lot Lines • • • Address Points • .E.'City Limits Counties 0 0 Special Uses DisGaimec This prnfuct is torin{omlalional p,exes andmay not have been prepared fora,be suitable for legal,en9iruenng,or surveying purposes.It does not iepresenl an on-the,,ennd survey and represents only the approximate relative location of properly boundaries.Gov C§2501.102 The useris encoureged to independently verify all information contained in this product.The City of Fiendsnvood makes no representaliorr or viananty as to the accuracy of his product or to its Illness for a perlicularpurpose.The use,(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof, antl 3)releases the Cry of Frientlsriood from any dairefer,loss,or liability arising from such use City Friendswood 910 Sout Friendswood Friends wood, Texas 77546 Friendswood GIS Mapping y(287)996"3200 e wwwci.ldendswood.k.us 1 11=97'