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HomeMy WebLinkAboutOrdinance No. 2018-21 (Title: An ordinance rezoning a .3337 acre tract of land located at 315 S. Friendswood Dr., Friendswood, Texas, (as more fully described herein), from Light Industrial (LI) to Downtown District(DD). ORDINANCE NO. 2018-21 AN ORDINANCE AMENDING APPENDIX "C" "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD,TEXAS,BY AMENDING THE ZONING CLASSIFICATION FOR A .3337 ACRE TRACT OF LAND LOCATED AT 315 S. FRIENDSWOOD DR., FRIENDSWOOD, TEXAS, SITUATED IN THE SARAH MCKISSICK LEAGUE,ABSTRACT 151,GALVESTON COUNTY,TEXAS,BEING OUT OF LOT 9, BLOCK 2, FRIENDSWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 238, PAGE 4, GALVESTON COUNTY CLERK'S RECORDS, CITY OF FRIENDSWOOD, 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, Elizabethtown Properties, LLC, is the Owner of a tract of land consisting of .3337 acres of land situated in the Sarah McKissick League, Abstract 151, being out of Lot 9, Block 2, Friendswood Subdivision, according to the plat recorded in Volume 238, Page 4, Galveston County Clerk's Records,City of Friendswood,Galveston County,Texas,as more fully shown in the survey, metes and bounds description, zoning map, location map and aerial map 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 Planning and Zoning Commission has filed its written report with City Council, which recommends 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. 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, Ord.No. 2018-21 2 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 parts. 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 6th day of August, 2018. PASSED, APPROVED, and ADOPTED on second and final reading this 10th day of September,2018. Mike For an Mayor •�rrrrr•r• ATTEST: •• leN 0 • e • • O . • Melinda Welsh, TRMC : •• City Secretary • : •;•• OF� —.• ,. Ord.No. 2018-21 3 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.No. 2018-21 4 City of Friendswood - Community Development s*so woo 910 S.Friendswood Drive '`( ", ��r• o Friendswood,TX 77546 * Phone: 281-996-3201 Fax 281-996-3260 ' ww.ci.friendswood.tx.us i rr Zone Change Application CURRENT ZONE OF PROPERTY: 1.— TYPE OF ZONE CHANGE(check one): ® Land Use Change to Zone: DU ❑ 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: t (� Address: 315 60i,t,-•lt fYi old Url v Platted Land—Plat Name: Lot: Block: Unplatted Land—Attach a certified 'I"► certified metes and bounds description OWNER NAME: ElAi th.t4 k h)wn "opor-"t CS Phone:. I. �(i ' ' D3OO Owner's Mailing Address: I I -I )eS4 11i rYYIoi'\I P wt). (' r ,f City: LA- ()(-K State: T Zip:7t/671 Fax:ch?I. 1S iiQ' X� �i-h Owner's Email Address:Ju41r1IY1(L•1,0.2.I64'-)'0 101ryirr0l'?c..lion. corrYi AGENT'S NAME : tJ I a Phone: Agent's Mailing Address: City: State: Zip: 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 owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned her r eSt a royal b die City Counci on th a o e identified zone change. Owner's Sign ur Date: r Agent's Signature: N)A Date: iu'a { Application Number: * A c3 - _t�� Received By: { 7 it Ant i")1-/f'f� vl�') Received Date: `:� Date of Public Hearing: C(Lt.Gk l.0 Newspaper Notice: 1 — lG Property Owner Notices: 1—7A-1 Sign on Property: "I - rR-I Revised 10-28-15 Page 1 of 2 • NOTICE OF CONFIDENTIALITY RIGHTS: 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 IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. After Recording Return To: Texas Citizens Bank,N.A. RECORDED 0Y P.O. Box 890029 sOUTri,4 H 6 OOE,t tC Houston,TX 77289-0029 G1# -1I�J DEED OF TRUST,SECURITY AGREEMENT AND ASSIGNMENT OF RENTS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GALVESTON § 1. Grant of Lien. Effective as of June 26,2018 (the "Effective Date"), ELIZABETHTOWN PROPERTIES, 4LC, a Texas limited liability company ("Borrower") whose address is 11831 W. Fairmont Parkway, La Porte, Texas 77571-6003, for and in consideration of the indebtedness hereinafter described and in order to secure the payment of the indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements and undertakings of Borrower hereinafter described,has GRANTED,BARGAINED, SOLD AND CONVEYED, and by these presents does GRANT, BARGAIN, SELL AND CONVEY, in trust, unto MICHAEL Li CORNETT of Harris County, Texas, whose address is P.O. Box 890029, Houston, TX 77289-0029, as Trustee and all substitute trustees hereunder ("Trustee"),that certain tract or parcel of land(the"Land")being more particularly described on Exhibit A attached hereto together with!(a)all the buildings and other improvements now on or hereafter located thereon;(b)all materials,equipment, fixtures or other property whatsoever now or hereafter attached or affixed to oi! installed in said buildings and other improvements, including, but not limited to, all heaticig, plumbing, lighting, water heating, cooking, laundry, refrigerating, incinerating, ventilating and air conditioning equipment, disposals, dishwashers, refrigerators and ranges, recreational equipment and apparatus, utility lines and equipment (whether owned individually or jointly with others), sprinkler systems, fire extinguishing apparatus and equipment, water tanks,!swimming pools, engines, machines, elevators, motors, cabinets, shades, blinds, partitions, window screens, screen doors, storm windows, awnings, drapes, and rugs and other floor coverings, and all fixtures, accessions and appurtenances thereto,and all renewals or replacements of or substitutions for any of the foregoing,all of which materials, equipment, fixtures and othet property are hereby declared to be permanent fixtures and accessions to the freehold and hart of the realty conveyed herein as security for the indebtedness herein mentioned; (c) all easements and rights of way now and at any time hereafter used in connection with any of the foregoing property or as a means of ingress to or egress from said property or for utilities to said property; (d) all interests of Borrower in and to any streets, ways, alleys and/or strips of land adjoining said land or any part thereof; and (e) all rights, estates, powers and privileges appurtenant or incident to the foregoing (collectively, the "Mortgaged Property"). 393167.2 11675.001-2 TO HAVE AND TO HOLD the Mortgaged Property unto Trustee and its assigns, forever, in trust, and Borrower does hereby bind Borrower, its successors and assigns, to warrant and forever defend the Mortgaged Property unto Trustee, its successors and assigns, forever, against the claim or claims of all persons whomsoever claiming or to claim the same, or any part thereof. 2. Grant of Security Interest. In order to secure the payment of the indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements and undertakings of Borrower hereinafter described, Borrower hereby grants to Lender (as hereinafter defined)a security interest in all of Borrower's property, including without limitation goods, equipment, furnishings, fixtures, furniture, chattels and personal property of whatever nature owned by Borrower now or hereafter located or used in and about the building or buildings or other improvements now erected or hereafter to be erected on the Land,or otherwise located on said Land, and all fixtures, accessions and appurtenances thereto, and all renewals or replacements of or substitutions for any of the foregoing, all building materials and equipment now or hereafter delivered to said premises and intended to be installed therein, all security deposits(whether cash,one or more letters of credit, bonds or other form of security),additional contingent consideration (including, without limitation, stock warrants), and advance rentals under lease agreements now or at any time hereafter covering or affecting any of the Property(as hereinafter defined), all monetary deposits which Borrower has been required to give to any public or private utility, all rents and other amounts from and under leases of all or any part of the Property, all issues, profits and proceeds from all or any part of the Property, all proceeds (including premium refunds) of each policy of insurance relating to the Property, all proceeds from the taking of the Property or any part thereof or any interest therein or right or estate appurtenant thereto by eminent domain or by purchase in lieu thereof, all amounts deposited in escrow for the payment of ad valorem taxes, assessments and charges and/or premiums for policies of insurance with respect to the Property, all contracts related to the Property, any agreement relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option,forward foreign exchange transaction,cap,collar or floor transaction, currency swap, cross-currency rate swap, swap option currency option or any other similar transaction, all money, funds, accounts (including tax/insurance reserve accounts, capital improvement reserves, tenant improvement reserves, and leasing commission reserves), instruments, documents, general intangibles (including trademarks, trade names and symbols used in connection therewith), all notes or chattel paper arising from or related to the Property, all permits, approvals, entitlements, licenses, franchises, certificates, and other rights and privileges obtained in connection with the Property, all marketing materials, all plans, specifications, maps, surveys, reports, architectural, engineering and construction contracts, books of account,insurance policies and other documents,of whatever kind or character, relating to the construction upon, use, occupancy, leasing, marketing, sale or operation of the Property, all proceeds and other amounts paid or owing to Borrower under or pursuant to any and all contracts and bonds relating to the construction, erection or renovation of the Property, all oil, gas and other hydrocarbons and other minerals produced from or allocated to the Property and all products processed or obtained therefrom, the proceeds thereof, and all accounts and general intangibles under which such proceeds may arise, together with any sums of money that may now or at any time hereafter become due and payable to Borrower by virtue of any and all royalties, overriding royalties, bonuses, delay rentals and any other amount of any kind or 2 393167,1 I1673•601-2 character arising under any and all present and future oil, gas and mining leases covering the Property or any part thereof (all of the property described in this paragraph hereinafter collectively called the "Collateral") and all proceeds of the Collateral. (The Mortgaged Property and the Collateral are herein sometimes collectively called the"Property") 3, Assignment of Rents. In order to provide a source of future payment of the Indebtedness (as defined below), Borrower does hereby absolutely and unconditionally assign, transfer and set over to Lender all rents,revenues, issues and profits now or hereafter accruing to the benefit of Borrower, pertaining to or arising from the Property, including,without limitation, all rights to payment from credit/charge card organizations and all the records and books of account now or hereafter maintained by Borrower in connection with the operation of the Property and buildings, income,proceeds, profits, security and other benefits paid or payable by parties for the use, lease, license, operation or other enjoyment of the Property(collectively, the "Rents"), TO HAVE AND TO HOLD unto Lender forever, and Borrower does hereby bind Borrower, its successors and assigns, to warrant and forever defend the title to the Rents unto Lender against every person whomsoever lawfully claiming or to claim the same, or any part thereof. 4. Indebtedness. This Deed of Trust, Security Agreement and Assignment of Rents (this "Security Instrument") is made to secure and enforce the payment of the following note, obligations, indebtedness and liabilities: (a)the Promissory Note (such note and all other notes given in substitution therefor or in modification, increase, renewal or extension thereof, in whole or in part, collectively, the "Note") of even date herewith in the original principal amount of $446,250.00, executed by Borrower, payable to the order of TEXAS CITIZENS BANK, N.A. ("Lender"), whose address is 4949 Fairmont Parkway, Pasadena, Texas 77505, bearing interest at the rate therein stated, with final maturity being November 26,2033, such Note providing, in part, that if certain defaults occur, the unpaid principal thereof and all accrued unpaid interest may be declared due and payable, at the holder's option,prior to the stated maturity thereof, and providing further for the payment of reasonable attorney's fees and other expenses of collection, subject to the terms and conditions of that certain Loan Agreement(the "Loan Agreement") of even date herewith between Borrower and Lender and (b) any funds hereafter advanced by Lender to or for the benefit of Borrower, or as contemplated by any Loan Document(as defined in the Loan Agreement) (all of the aforesaid, the "Indebtedness"). Said Indebtedness shall be payable at the above stated address of Lender or at such other place as Lender may hereafter direct in writing; and, unless otherwise provided herein or in the instrument evidencing the Indebtedness, shall bear interest at the same highest then applicable rate per annum as the Note bears, from date of accrual of the Indebtedness until paid. In addition, any and all reasonable attorney's fees and expenses of collection payable under the terms of the Note shall be and constitute a part of the Indebtedness secured hereby. This Security Instrument shall also secure all renewals,rearrangements, extensions and enlargements of any of the Indebtedness. 5. Incorporation of Representations, Warranties and Covenants; Undefined Terms. The Representations and Warranties contained in Article 2 and the Covenants contained in Article 3 of the Loan Agreement are incorporated herein. Capitalized terms used herein but not defined shall have the meanings assigned to such terms in the Loan Agreement. 6. Rents. 3 393167.2 11675-001-2 (a) Until receipt from Lender of notice of the occurrence of an Event of Default(as defined in the Loan Agreement) (a"Notice of Default"), each tenant under a lease of all or a portion of the Property shall pay Rents directly to Borrower and Borrower shall have the right to receive such Rents provided that Borrower shall hold such Rents as a trust fund to be applied first to the payment of the Note, second to the payment of all taxes, insurance premiums, utility charges, maintenance and repair costs, replacement reserves and other operating, management and maintenance expenses of the Property, as same become due, and finally, Borrower may use the balance of the Rents collected in any manner not inconsistent with the Loan Documents. (b) Upon the delivery of a Notice of Default, without further consent of Borrower, Borrower hereby authorizes any and all tenants to make future payments of Rents to Lender.Thereafter, Lender will have the exclusive right,power and authority to collect the Rents,regardless of whether a foreclosure sale of any or all of the Property has occurred under this Security Instrument, or whether Lender has taken possession of any or all of the Property or attempted to do any of the same.In no event will the assignment of Rents in this Security Instrument reduce the Indebtedness,except to the extent, if any, that Rents are actually received by Lender and applied upon or after said receipt to such Indebtedness. As between Lender and Borrower, and any person claiming through or under Borrower other than any tenant under a lease of the Property who has not received a Notice of Default pursuant hereto, this assignment of Rents is intended to be absolute, unconditional and presently effective,and the provisions hereof for notification of tenants under a lease upon the occurrence of an Event of Default are intended solely for the benefit of each such tenant and shall never Inure to the benefit of Borrower or any person claiming through or under Borrower, other than a tenant who has not received such notice. It shall never be necessary for Lender to institute legal proceedings of any kind whatsoever to enforce the provisions of this assignment. (c) Neither the acceptance by Lender of this assignment of Rents, nor the granting of any other right,power,privilege or authority herein concerning the Rents,nor the exercise of any of the aforesaid, will (I) prior to the actual taking of physical possession and operational control of the Property by Lender, be deemed to constitute Lender as a "mortgagee in possession" or (ii) at any time thereafter, obligate Lender (A)to appear in or defend any action or proceeding relating to the Rents or the Property, (B)to take any action hereunder, (C) to expend any money or incur any expenses or perform or discharge any obligation, duty or liability with respect to any lease, (ID) to assume any obligation or responsibility for any tenant deposits which are not physically delivered to Lender, or(E) to assume any obligation or responsibility for any injury or damage to person or property sustained in or about the Property. (d) This assignment of Rents will terminate upon the release of this Security Instrument but no tenant under a lease will be required to take notice of such termination until a copy of a release of this Security Instrument has been delivered to such tenant. (e) Contemporaneously with the execution of this Security Instrument, Borrower is executing an Absolute Assignment of Rents of even date herewith in favor of Lender.To the extent any provision above is construed to contradict, conflict with or be 4 393167.2 11675.001.2 inconsistent with any term, condition or provision contained in such Absolute Assignment of Rents, the applicable terms, conditions and provisions of the Absolute Assignment of Rents shall supersede such contradicting, conflicting or inconsistent provisions hereof. 7. Defense of Title. If, while this Security Instrument is in force, the title of Trustee to the Property, or any part thereof, shall be endangered or shall be attacked directly or indirectly, Borrower hereby authorizes Lender, at Borrower's expense,to take all necessary and proper steps for the defense of said title, including the employment of counsel,the prosecution or defense of litigation,and the compromise or discharge of claims made against said title, 8. Borrower' Successors in Interest. In the event the ownership of the Property or any part thereof becomes vested in a person other than Borrower,Lender may,without notice to Borrower, deal with such successor or successors in interest with reference to this Security Instrument and to the Indebtedness in the same manner as with Borrower, without in any way vitiating or discharging Borrower's liability hereunder or for the Indebtedness or waiving the provisions hereof. No sale of the Property and no forbearance on the part of Lender, and no extension of the time for the payment of the Indebtedness given by Lender, will operate to release, discharge, tnodify, change or affect, either in whole or in part, any original liability of Borrower, or the liability of the guarantors or sureties of Borrower, or of any other party liable for the payment of the Indebtedness or any part thereof. 9. Default and Acceleration. Upon the occurrence of an Event of Default, Lender,at Lender's option, and without demand, presentment for payment, notice of nonpayment, grace, protest,notice of protest, notice of intent to accelerate the Indebtedness, notice of acceleration of the Indebtedness, or any other notice, all of which are hereby expressly waived by Borrower, may declare the entire unpaid balance and accrued interest on the Note and any other unpaid Indebtedness immediately due and payable,whereupon it shall be so due and payable. 10, Survival of Covenants and Liens. All of the covenants and agreements of Borrower set forth herein and in the other Loan Documents will survive the execution and delivery of this Security Instrument and shall continue in full force and effect until the Indebtedness is paid in full. If Borrower pays all of the Indebtedness, then, and then only, this conveyance will become null and void and shall be released in due form, upon Borrower's written request and at Borrower's expense; otherwise, it shall remain in full force and effect.No release of this conveyance or the lien thereof will be valid unless executed by Lender, 11. Foreclosure and Sale. If an Event of Default shall occur, Lender may,at Lender's election and by or through Trustee or otherwise,sell or offer for sale, in one or more sales, all or any part of the Mortgaged Property, in such portions, order and parcels as Lender may determine, with or without having first taken possession of same,to the highest bidder for cash (or credit on the Indebtedness if Lender is the highest bidder) at public auction. Such sale shall be made at the courthouse of the County in which the Mortgaged Property(or any of that portion thereof to be sold)is located, on the first Tuesday of any month (unless the first Tuesday of the month is January 1 or July 4, in which event the sale will be on the first Wednesday of the month) between the hours of 10:00 A.M. and 4:00 P.M. after giving legally adequate written 5 393167,2 11675-001.2 notice of sale of that portion of the Mortgaged Property to be sold, at least twenty-one (21) consecutive days prior to the date of said sale: (a) by posting at the courthouse of each county in which the Mortgaged Property (or the portion thereof to be sold) is located, a written notice designating the county in which the Mortgaged Property will be sold; (b) by filing in the office of the county clerk of each county in which the Mortgaged Property (or the portion thereof to be sold) is located, a copy of the notice posted under subparagraph(a);and (c) by serving written notice of the sale on each debtor who,according to the records of Lender, is obligated to pay the Note (and, in the event the proceeds of the foreclosure sale are to be applied to a portion of the Indebtedness other than or in addition to the Note,then to each debtor who, according to the records of Lender, is obligated to pay such portion of the Indebtedness),such service to be complete and effective when the notice is deposited in the United States mail,postage prepaid and addressed to the debtor at the debtor's last known address as shown in the records of Lender. In the alternative,such notice and sale may be accomplished in such manner as permitted or required by Title 5, §51.002 of the Texas Property Code (as amended, the"Property Code") relating to the sale of real property under contract lien and/or by Chapter 9 of the Texas Business and Commerce Code(as amended,the"UCC")relating to the sale of collateral after default by a debtor(as said title and chapter now exist or may be hereafter amended or succeeded),or by any other present or subsequent laws or regulations relating to same. In instances where the Mortgaged Property is located in states other than Texas,such sales shall be made in accordance with the legal requirements for such state, including, to the extent relevant, the Uniform Commercial Code in effect for such state (also included in the defined term "UCC"). Nothing contained in this paragraph shall be construed to limit in any way Trustee's rights to sell the Property by private sale if,and to the extent that,such private sale is permitted under the laws of the state where the Property(or that portion thereof to be sold)is located,or by public or private sale after entry of a judgment by any court of competent jurisdiction ordering same.At any such sale(a)whether made under the power herein contained,the Property Code, the UCC,any other legal requirement or by virtue of any judicial proceedings or any other legal right, remedy or recourse, it will not be necessary for Trustee to have physically present, or to have constructive possession of,the Mortgaged Property(Borrower hereby covenanting and agreeing to deliver to Trustee any portion of the Mortgaged Property not actually or constructively possessed by Trustee immediately upon demand by Trustee), and the title to and right of possession of any such property shall pass to the purchaser thereof as completely as if the same had been actually present and delivered to purchaser at such sale, (b) each instrument of conveyance executed by Trustee shall contain a general warranty of title, binding upon Borrower, (c) each and every recital contained in any instrument of conveyance made by Trustee shall conclusively establish the truth and accuracy of the matters recited therein, including, without limitation, nonpayment of the Note (and/or other portion of the Indebtedness with respect to which the sale has been conducted),advertisement and conduct of such sale in the manner provided herein and otherwise by law,and appointment of any successor Trustee hereunder,(d)any and all prerequisites to the validity thereof shall be conclusively presumed to have been performed, (e) the receipt of 6 393167.2 II673.001-2 Trustee or of such other party or officer making the sale shall be a sufficient discharge to the purchaser or purchasers for its purchase money and no such purchaser or purchasers, or its assigns or personal representatives,shall thereafter be obligated to see to the application of such purchase money or be in any way answerable for any loss, misapplication or nonapplication thereof, (f)to the fullest extent permitted by law, Borrower will be completely and irrevocably divested of all of its right,title,interest,claim and demand whatsoever,either at law or in equity, in and to the property sold, and such sale shall be a perpetual bar both at law and in equity against Borrower,and against any and all other persons claiming or to claim the property sold or any part thereof, by, through or under Borrower, and (g) to the extent and under such circumstances as are permitted by law, Lender may be a purchaser at any such sale. The Mortgaged Property may be sold in one or more parcels and in such manner and order as Trustee, in its sole discretion, may elect, it being expressly understood and agreed that the right of sale arising out of any Event of Default will not be exhausted by any one or more sales. The Trustee making such sale will receive the proceeds thereof and apply same as follows: (w)to the payment of all expenses of advertising,selling,and conveying the Mortgaged Property or part thereof, and/or prosecuting or otherwise collecting Rents, proceeds, premiums, or other sums including reasonable attorneys' fees and expenses and a reasonable fee or commission to Trustee, not to exceed five percent (5%) of the proceeds thereof or sums so received, (x)to the remainder of the Indebtedness as follows: first,to the remaining accrued but unpaid interest, second, to that portion of the Indebtedness which is not, for any reason whatsoever, secured by the Loan Documents, third, to the matured portion of principal of the Indebtedness, and fourth, to prepayment of the unmatured portion, if any, of principal of the Indebtedness applied to installments of principal in inverse order of maturity,(y)the balance, if any and to the extent applicable,remaining after the full and final payment of the Indebtedness and full performance and discharge of the obligations,to the lender of any inferior liens covering the Mortgaged Property, if any,in order of the priority of such inferior liens(Trustee and Lender shall hereby be entitled to rely exclusively upon a commitment for title insurance issued to determine such priority),and(z)the cash balance, if any,to Borrower. 12. Fair Market Value for Calculating Deficiencies. TO TILE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORROWER EXPRESSLY WAIVES ALL RIGHTS, REMEDIES, CLAIMS AND DEFENSES BASED UPON OR RELATED TO SECTIONS 51.003, 51.004 AND 51.005 OF THE TEXAS PROPERTY CODE (AS AMENDED FROM TIME TO TIME).In the event the foregoing waiver is found by a court of competent jurisdiction to be ineffective or invalid for any reason,the following shall be the basis for the finder of fact's determination of the fair market value of the Property as of the date of the foreclosure sale in proceedings governed by§§51.003, 51.004 and 51.005 of the Property Code: (a) The Property shall be valued in an "as is" condition as of the date of the foreclosure sale,without any assumption or expectation that the Property will be repaired or improved in any manner before a resale of the Property after foreclosure, (b) The valuation shall be based upon an assumption that the foreclosure purchaser desires a resale of the Property for cash promptly (but no later than twelve months)following the foreclosure sale, 7 393167.2 11673.001-2 (c) All closing costs customarily borne by the seller in a commercial real estate transaction should be deducted from the gross fair market value of the Property, including, without limitation, brokerage commissions, title insurance, a survey and environmental study of the Property, tax prorations, reasonable attorneys' fees and expenses,and marketing costs, (d) The gross fair market value of the Property shall be further discounted to account for any estimated holding costs associated with maintaining the Property pending sale, including, without limitation, utilities expenses, property management fees, taxes, insurance and assessments (to the extent not accounted for in subparagraph (c) above), and other maintenance expenses,and (e) Any expert opinion testimony given or considered in connection with a determination of the fair market value of the Property must be given by persons having at least five (5) years experience in appraising property similar to the Property and who have conducted and prepared a complete written appraisal of the Property taking into consideration the factors set forth above. 13. Substitute Trustee. If,for any reason,Lender prefers to appoint a substitute trustee to act instead of the herein named Trustee, Lender will have full power to appoint,at any time by written instrument, a substitute trustee, and, if necessary, several substitute trustees in succession,who will succeed to all the estate,rights,powers and duties of Trustee named herein, and no notice of such appointment need be given to Borrower or to any other person or filed for record in any public office. Such appointment may be executed by any authorized agent or officer and such appointment shall be conclusively presumed to be executed with authority and shall be valid and sufficient.Borrower hereby ratifies and confirms any and all acts that Trustee, or its successor or successors in this trust,may lawfully do by virtue hereof. 14. Indemnification of Trustee. TRUSTEE WILL NOT BE LIABLE FOR ANY ERROR OF JUDGMENT OR ACT DONE BY TRUSTEE IN GOOD FAITH, OR BE OTHERWISE RESPONSIBLE OR ACCOUNTABLE UNDER ANY CIRCUMSTANCES WHATSOEVER (INCLUDING THE TRUSTEE'S NEGLIGENCE AND/OR STRICT LIABILITY), EXCEPT FOR TRUSTEE'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Trustee will have the right to rely on any instrument, document or signature authorizing or supporting any action taken or proposed to be taken by it hereunder,believed by it in good faith to be genuine.All moneys received by Trustee shall,until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated in any manner from any other moneys (except to the extent required by law), and Trustee will be under no liability for interest on any moneys received by it hereunder. BORROWER SHALL REIMBURSE TRUSTEE FOR,AND INDEMNIFY AND SAVE IT HARMLESS AGAINST, ANY AND ALL LIABILITY AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) WHICH MAY BE INCURRED BY IT IN THE PERFORMANCE OF ITS DUTIES HEREUNDER (INCLUDING ANY LIABILITY AND EXPENSES RESULTING FROM TRUSTEE'S OWN NEGLIGENCE AND/OR STRICT LIABILITY). The foregoing indemnity will not terminate upon release, foreclosure or other termination of this Security Instrument. 8 393167.a I I61S-00i-2 15, Purchaser's Right to Disaffirm. The purchaser at any trustee's or foreclosure sale hereunder may disaffirm any encumbrance granted, or rental or lease contract made, in violation of any provision of this Security Instrument, and may take immediate possession of the Mortgaged Property free from,and despite the terms of,such grant of encumbrance and rental or lease contract. 16. Lender as Purchaser. Lender may bid and, being the highest bidder therefor, become the purchaser of any and all Mortgaged Property offered for sale at any trustee's or foreclosure sale hereunder and shall have the right to credit the amount of the bid upon the amount of the Indebtedness owing to Lender, in lieu of cash payment. 17. Recovery of Unmatured Indebtedness. It is agreed that if an Event of Default occurs, the holder of the Indebtedness or any part thereof under which such Event of Default occurs will have the option to proceed with foreclosure in satisfaction of such Event of Default either through the courts or by directing Trustee or its successors in trust to proceed as if under a full foreclosure, conducting the sale as herein provided, and without declaring the whole Indebtedness due, and provided that if a sale is made because of an Event of Default of an installment, or a part of an installment, such sale may be made subject to the unmatured part of the Note or other Indebtedness secured by this Security Instrument and it is agreed that such sale, if so made, shall not in any manner affect the unmatured portion of the Indebtedness, but as to such unmatured portion of the Indebtedness, this Security Instrument shall remain in full force and effect just as though no sale had been made under the provisions of this paragraph. It is further agreed that several sales may be made hereunder without exhausting the right of sale for any unmatured portion of the Indebtedness, it being the intention of the parties hereto to provide for a foreclosure and sale of the security for any matured portion of the Indebtedness without exhausting the power to foreclose and to sell the security for any other portion of the Indebtedness whether matured at the time or subsequently maturing. It is agreed that an assignee holding any installment or part of any installment of the Note or other Indebtedness secured hereby shall have the same powers as are hereby conferred on the holder of the Indebtedness to proceed with foreclosure on a matured installment or installments,and also to request Trustee or its successors in trust to sell the Property or any part thereof; but if an assignee forecloses or causes a sale to be made to satisfy any installment, part of an installment, or installments, then the purchaser at such foreclosure or sale shall be made subject to all of the terms and provisions hereof with respect to the unmatured part of the Note and other Indebtedness secured hereby owned by the then holder of such Indebtedness. 18. Election to Discontinue Remedy. In the event Lender elects to invoke any of the rights or remedies provided for herein or at law or in equity, but thereafter determines to withdraw or discontinue same for any reason, it will have the unqualified right to do so, whereupon all parties will be automatically restored and returned to their respective positions regarding the Indebtedness and this Security Instrument as shall have existed prior to the invocation of Lender's rights hereunder, and the rights, powers and remedies of Lender hereunder shall be and remain in full force and effect. 19. Release or Renewal of Liens.Any part of the Property may be released by Lender without affecting the lien, security interest and rights hereof against the remainder. The lien, security interest and rights hereby granted shall not affect or be affected by any other security 9 193167.2 11675.001.2 taken for the Indebtedness or any part thereof.The taking of additional security,or the extension or renewal of the Indebtedness or any part thereof, shall at no time release or impair the liens, security interests and rights granted hereby, or affect the liability of any endorser, guarantor or surety, or improve the right of any junior lienholder. This Security Instrument, as well as any instrument given to secure any renewal or extension of the Indebtedness,or any part thereof,will be and remain a first and prior lien and security interest on all of the Property not expressly released,until the Indebtedness is completely paid. 20. Waiver of Marshaling and Certain Rights. To the extent that Borrower may lawfully do so, Borrower hereby expressly waives any right pertaining to the marshaling of assets, the administration of estates of decedents, or other matters to defeat, reduce or affect (a)the right of Lender to sell all or any part of the Property for the collection of the Indebtedness (without any prior or different resort for collection),or(b)the right of Lender to the payment of the Indebtedness out of the proceeds of the sale of all or any part of the Property in preference to every other person and claimant. 21. Waivers. It is expressly agreed that (a) no waiver of any Event of Default on the part of Borrower or breach of any of the provisions of this Security Instrument shall be considered a waiver of any other or subsequent Event of Default or breach, and no delay or omission in exercising or enforcing the rights and powers herein granted shall be construed as a waiver of such rights and powers, and likewise no exercise or enforcement of any rights or powers hereunder shall be held to exhaust such rights and powers, and every such right and power may be exercised from time to time, (b) any failure by Lender to insist upon the strict performance by Borrower of any of the terms and provisions herein shall not be deemed to be a waiver of any of the terms and provisions herein,and Lender, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Borrower of any and all of the terms and provisions of this Security Instrument, (c) neither Borrower nor any other person now or hereafter obligated for the payment of all or any part of the Indebtedness shall be relieved of such obligations by reason of the failure of Lender or Trustee to comply with any request of Borrower,or of any other person so obligated,to take action to foreclose this Security Instrument or otherwise enforce any of the provisions of this Security Instrument or of any obligations secured by this Security Instrument, or by reason of the release, regardless of consideration, of all or any part of the security held for the Indebtedness, or by reason of the subordination in whole or in part by Lender of the lien,security interest or rights evidenced hereby, or by reason of any agreement or stipulation with any subsequent owner or owners of the Property extending the time of payment or modifying the terms of the Indebtedness or this Security Instrument without first having obtained the consent of Borrower or such other person, and, in the latter event, Borrower and all such other persons shall continue to be liable to make such payments according to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Lender, (d) regardless of consideration, and without the necessity for any notice to or consent by the holder of any subordinate lien or security interest on the Property, Lender may release the obligation of anyone at any time liable for any of the Indebtedness or any part of the security held for the Indebtedness and may extend the time of payment or otherwise modify the terms of the Indebtedness and/or this Security Instrument without,as to the security or the remainder thereof,in any way impairing or affecting the lien or security interest of this Security Instrument or the priority of such lien or security interest, as security for the payment of the Indebtedness as it may be so extended or modified over any 10 293167.2 11675.081.2 subordinate lien or security interest, (e) the holder of any subordinate lien or security interest does not have the right, and will not be granted the right, to terminate any lease affecting the Property whether or not such lease be subordinate to this Security Instrument, and (f) Lender may resort for the payment of the Indebtedness to any security therefor held by Lender in such order and manner as Lender may elect in its sole discretion. 22. Terminable Tenancy Upon Foreclosure. In the event of a Trustee's sale hereunder,and, if at the time of such sale,Borrower,or any other party occupies the Property so sold, each and all shall immediately become the tenant of the purchaser at such sale, which tenancy shall be terminable at the will of the landlord. Such purchaser may file an action of forcible detainer and/or any other legal proceedings if the tenant holds over after a demand in writing for possession of said property. 23. Appointment of Receiver. It is agreed that Lender, in any action to foreclose, will be entitled to the appointment of a receiver of the rents and profits of the Property as a matter of right and without notice, with power to collect the rents, issues and profits of the Property due and coming due during the pendency of such foreclosure suit, without regard to the value of the Property or the solvency of any person or persons liable for the payment of the Indebtedness involved in said suit. Borrower, for itself and any subsequent owner or owners, waives any and all defenses to the application for a receiver as above provided,and specifically consents to such appointment without notice;but nothing herein contained is to be construed to deprive Lender of any other right, remedy or privilege it may have under the law to have a receiver appointed.The provision for the appointment of a receiver of the rents and profits is made an express condition upon which the Loan is made. 24. Subrogation. To the extent that proceeds of the Note are used to pay any prior indebtedness secured by an outstanding lien, security interest, charge or prior encumbrance against the Property, such proceeds have been advanced by Lender at Borrower' request; and Lender shall be subrogated to any and all rights, powers, equities, liens and security interests owned or granted by any owner or holder of such prior indebtedness, irrespective of whether said security interests, liens,charges or encumbrances are released of record. 25. Security Agreement. (a) Security Interest. This Security Instrument shall be a security agreement between Borrower, as the debtor, and Lender, as the secured party, covering the Collateral pursuant to the UCC. In addition to Lender's other rights hereunder, Lender shall have all rights of a secured party under the UCC.If Lender should dispose of any of the Collateral pursuant to the UCC,ten (10) days' written notice by Lender to Borrower will be deemed to be reasonable notice; provided, however, Lender may dispose of such property in accordance with the foreclosure procedures of this Security Instrument in lieu of proceeding under the UCC. (b) Notice of Changes. Borrower shall give at least thirty(30) days' advance notice in writing to Lender of any proposed change in Borrower's name, identity, or structure. li 393167.2 11675-001.2 (c) Fixtures. Some of the items of the Collateral described herein are goods that are or are to become fixtures related to the land described herein, and it is intended that, as to those goods, this Security Instrument will be effective as a financing statement filed as a fixture filing from the date of its tiling for record in the real estate records of the county in which the Collateral is situated. Information concerning the security interest created by this Security Instrument may be obtained from Lender,as secured party,at the address of Lender stated on the first page hereof. The mailing address of Borrower, as debtor,is as stated on the first page hereof. (d) Filing of Financing Statements. Borrower hereby irrevocably authorizes Lender at any time and from time to time to file, without the signature of Borrower, in any jurisdiction, any amendments to existing financing statements and any initial financing statements and amendments thereto that (a) indicate the Property (i) as "all assets of Borrower and all proceeds thereof, and all rights and privileges with respect thereto" or words of similar effect, regardless of whether any particular asset comprised in the Property falls within the scope of Article/Chapter 9 of the UCC, or(ii)as being of an equal or lesser scope or with greater detail; (b)contain any other information required by subchapter E of Article/Chapter 9 of the UCC for the sufficiency or filing office acceptance of any financing statement or amendment, including whether Borrower is an organization, the type of organization and any organization identification number issued to Borrower;and(c)are necessary to properly effectuate the transactions described in the Loan Documents, as determined by Lender in its discretion. Borrower agrees to furnish any such information to Lender promptly upon request. Borrower further agrees that a carbon, photographic or other reproduction of this Agreement or any financing statement describing any Property is sufficient as a financing statement and may be filed in any jurisdiction by Lender. (e) Foreclosure Sale. Any sale made pursuant to the provisions of this paragraph will be deemed to have been a public sale conducted in a commercially reasonable manner if held contemporaneously with the sale of the Mortgaged Property under the power of sale as provided herein upon giving the same notice with respect to the sale of the Collateral hereunder as is required for such sale of the Mortgaged Property under the power of sale. In the event of a foreclosure sale,whether made by Lender, the Trustee or under judgment of a court,the Collateral and the Mortgaged Property may, at the option of Lender,be sold partially or as a whole. (f) Account Debtors. Lender may at any time after an Event of Default notify the account debtors or obligors of any accounts, chattel paper, negotiable instruments or other evidences of indebtedness included in the Collateral to pay Lender directly. 26. Notices. All notices or other communications required or permitted to be given pursuant to this Security Instrument shall be provided as set forth in the Loan Agreement, 27. Binding on Successors. The covenants herein contained shall inure to the benefit of Lender and Trustee, their heirs, legal representatives, successors and assigns, and will be binding upon the respective heirs, legal representatives, successors and assigns of Borrower,but 12 393167.2 11675•O0I-2 nothing in this paragraph will constitute an authorization for Borrower to sell or in any way dispose of the Property or any part thereof if otherwise prohibited by any of the terms hereof. 28. Definitions. Wherever used in this Security Instrument,unless the context clearly indicates a contrary intent or unless otherwise specifically provided herein, the words"Security Instrument"shall mean "this Security Instrument, Security Agreement and Assignment of Rents and any supplement or supplements hereto"; the word "Borrower" shall mean "Borrower, its heirs, legal representatives, successors and assigns, and/or any subsequent owner or owners of the Property";the word"Lender"shall mean"Lender or any subsequent holder or holders of the Note or other Indebtedness secured hereby"; the word"Note"shall mean the "Note secured by this Security Instrument and any renewals, extensions, rearrangements and enlargements thereof"; the word "person" shall mean "an individual, corporation, trust, partnership or unincorporated association";and the pronouns of any gender shall include the other genders,and either the singular or plural shall include the other. 29. APPLICABLE LAW. THIS SECURITY INSTRUMENT AND THE OTHER LOAN DOCUMENTS AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER AND THEREUNDER SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO TEXAS' PRINCIPLES OF CONFLICTS OF LAW), EXCEPT TO THE EXTENT THAT THE LAWS OF THE UNITED STATES OF AMERICA AM)ANY RULES,REGULATIONS, OR ORDERS ISSUED OR PROMULGATED THEREUNDER, APPLICABLE TO THE AFFAIRS AND TRANSACTIONS ENTERED INTO BY BENEFICIARY, OTHERWISE PREEMPT TEXAS LAW;IN WHICH EVENT FEDERAL LAW SHALL CONTROL. 30. NO ORAL AGREEMENTS. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. [REMAINDER OF PAGE INTENTIONALLY BLANK] 13 3931671 1167341014 IN WITNESS WHEREOF, this Security Instrument has been executed on the date of acknowledgment below,but is to be effective as of the Effective Date, BORROWER: ELIZABETI-ITOWN PROPERTIES, LLC, a Texas limited liability company G By: /4/ / hl D a lett, M ger ichel cHazlett,Manager THE STATE OF TEXAS § § COUNTY OF GALVESTON § This instrument was acknowledged before me on June,,., 2018, by John D. McHazlett, Manager of Elizabethtown Properties, LLC, a Tex s_ii ' d liabiliitt company, on behalf of said limited liability company, for the purposes an c nsi rain t �i t- tech. [SEAL] \Notary-Public in an for the State of Texas 4"'r i `S11ARI J CURTIS-fi!TOWN ° '.;,l ;, N la(y Public,Stale of Texas ' N !,'P.z7 Comm.Extrwas 06.11-2020 s c; ;`:>� i7495515 THE STATE OF TEXAS Wulf § COUNTY OF GALVESTON § This instrument was acknowledged before me on June 2ii 2018, by Michelle Mcl-Iazlett, Manager of Elizabethtown Prope ' sr_LL, a Texas limited liability company, on behalf of said limited liability company, for ill ur o i and i ,1 e herein stated. [SEAL] , o ary Public i 1 for the State ofTexas ,...0r y;',� silArtl J CURTIS-B(10M i_.!'f''''_NMary Public,St:,it:of Texas =.: Comm.Expires 06-11.2020 %g,;o` Notary ID 7495515 Signature/Notary Page to Deed of Trust,Security Agreement and Assignment of Rents TITLE COMPANY SOl• ..., ,. . LT111.6 LAND - I,,_ _ _ i ..� •11 fi.F ;+ . _SHARi t�1GT15- owN— --39i-99yi300 _ • �4 t MPlilliir G.F I ISSUE DATE PL 1860050 MAY 29, 2018 " L,.; - � � c6 S0 T SJ PARSONS INVESTMENTS LLC 'JO S r C.F NO. 2015065336 O.P.R.G.0 SO° r SET 1/2'*It1 FI SET T'8' . M'au MARRED�Coo'^¢d� S 44°52'07"E 80.62' `Y'�s 0- 0 ••v. TRACT 2 '� 4°1. 4C t. ' IS.INGRESS k EGRESS EASEMENT VV�T-) Q^ •'� 0' VOL 2927,PG. 878 VOL. D.R.G.PG. 66 �j O�-d„ l., • ' • V V AI AL SET 1/2'LR. �y 1J/� CIAI COOIFR.1 r.SURVEY WRRW U I /` FANCR[1E �... S11RLEr T• ' • • Ylf,,� -J -J N so, d t r110 1/7'I.R. r n I• 2. �W'iO B MARKED r 51, . •. (SOWN 0.51 1pp �' - N V1 V ••1 r " t�Y y - Lai ta60 Q '• • • • ' . 0 Si ° .I . O TJn LL <t) � 9-AS AS , PST U • U 11 Z n 0 el ���rrf�r� , �' DAVID KIMBROUGH GH O I 0.3337 ACRES {`ree • g C F. NOOat .P200706E 9465 V .I�(14,539 SO.FT.)! ' - . Q a } I MARK MCLEAN h F - I & LYNN MCLEAN , • N. Vj C.F NO. 2002050454, . .' O.P.R.G.0 , I POB _ �fl}. •I _ 6$ S 44°47'40"E F1'DC•wc N 44'40'53"W 100.07' IN/CAP YANKED 116.12' 'S11RSCY r MD I.LP (N21•2111 1.91 •B. INTERSECTION F.M.518 11N 0l S.E.R.0. E Or IE(.:FND E.MAGNOLIA STREET (A.K.A. SOUTH FRIENDSWOOD DRIVE) R Pit R.OIE TINE or 111 519 (R.O.W VARIES). wall ri CONCRETE ii ASPHALT 1. ALL BEARINGS MOAN HEREON ARE REFERENCED/0 A PRIOR OM PROEM UNTO SJ PARSONS INWSTMENTB LLC,RECORDED IN ccoNTY CLEWS nil NO.I015066536 Or TEE OR1WAl MUG RECORDS Or 0ALrc51011 CCUATY.TEXAS.PUNTS(A)AND(Bt SERE COVERED HELD FOR HORIZONTAL CONTROL. AREA STEPS 2 ABSTRACT Na1MATION FOR TIE SUB,[CT TRACT WAS PROMOED IP DR TITLE IISIMANCE COMPANY LISTED ABOVE 3 1E1S SURVEY IS PRIMO TO 114E TTE INSURANCE COMPANY LISTED ABM fOR TIR TRARSAC110N CITY,IT IS NOT IRANS8ERAXU TO*OPTIONAL PISTITUTIONS CO 111.168Ea1E1111 DERB:115 4 ALL EASEMENTS AND BURORIO INES WIOTM1 ME POI IRK RECORDED PLAT UNLESS O1IMRIRSE NOTED LINE BEARING I DISTANCE S. THERE ARE NO NATURAL DRAINAGE COURSES ON SUBJECT PROPERTY. 11 S 43'42"41"WI B. EASEMENT QAR1W TO TEXAS-NEN MEXICO POOP COMPANY NEC00ED w C.r NO.6449042.O.P.R.O.C. ' LEGAL DESCRIPDIF:TRACT 1 A TRACT OF LAND CONTAINING 0.3337 ACRES (14,539 SQUARE FEET) SITUATED IN THE SARAH MCKISSICK LEAGUE, ABSTRACT 151, GALVESTON COUNTY, TEXAS, BEING OUT OF LOT 9, BLOCK 2, FRIENDSWOOD, GALVESTON COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 238, PAGE 4, GALVESTON COUNTY CLERK'S RECORDS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ATTACHED. TRACT 2 (EASEMENT ESTATE): A CALLED 890 SQUARE FEET Of LAND BEING PART OF LOT 9. BLOCK 2, OF FRIENDSWOOD, AS RECORDED IN VOLUME 238, PAGE 4. IN THE OFFICE Of THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS, BEING ALL OF A 6 FOOT INGRESS-EGRESS EASEMENT RECORDED IN VOLUME 2927, PAGE 878 AND IN VOLUME 3071, PAGE 66. OF THE DEED RECORDS OF GALVESTON COUNTY, TEXAS, AN LOCATED IN THE SARAH MCKISSICK OR J. R. WILLIAMS LEAGUE, GALVESTON COUNTY, TEXAS.SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ATTACHED. p PR8[pw.LAO 154,IRS PlAT 'RESENTS nN aIENTELIZABETHTOWN PROPERTIES. LLC .+fig, .OF ' mu MONO ON 1rc MOUND DORM came or A T4, I0uNDAnY PAVE Y CCNDOC D SIITYRNvoN ON ADDRESS. •'C'„461444 '+-\ "I 1.EOU AND 1NA1 "LA IANRYII Cpgil �.L y 4E,'•, 111TN THE ORUENT ST TD B,IWL MIAsMC.0 315 SOUTH FRIENDSWOOD DRIVE •CO:"t OS7tPL 0 ul1U . MS wsasyllne.com FlELD CREW TECI11 9f01R' BuvsyE®RMrvRyllnccom My EF RICBARD►UBBLLL . FINATEENe ; ey 1/1C. LT EF DATE 6-7,.1e o sUR�t y^ YOU aml Surrey('nmpnnI. foal/ Firm R9ylatratlon No. 100758-00 RE ED(TRACT 2): 6--26-2018 P,0 So.2543 I Alvin,TX 77512 I(281)393-1387 5-63788-18 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.3337 ACRES(14,539 SQUARE FEET)SITUATED IN THE SARAH MCKISSICK LEAGUE,ABSTRACT 151 GALVESTON COUNTY,TEXAS Being a tract of land containing 0.3337 acres(14,539 square feet),situated in the Sarah McKissick League Survey,Abstract 151,Galveston County,Texas,being out Lot 9,Block 2, Friendswood,Galveston County Texas,according to the plat recorded in Volume 238,Page 4, Galveston County Clerk's Records,being all of a tract land conveyed unto Mark Mclean and Lynn Mclean by deed recorded under County Clerk's File No.2002050454 of the Official Public Records of Galveston County,Texas.Said 0.3337-acre tract being more particularly described by metes and bounds as follows: COMMENCING at a found"x"in concrete in the intersection of southeast right-of-way line of East Magnolia Street(48.00 feet wide)and the northeast right-of-way line of F.M.518(also known as South Friendswood Drive)(variable width); THENCE South 44°47'40"East,along the northeast right-of-way line of said F,M.518,a distance of 116.12 feet to a found"X"in concrete for the west corner of the said tract herein described; THENCE North 45°01'54"East,a distance of 148.25 feet(called 148.48 feet)to a set"X"in concrete for the north corner of the said tract herein described; THENCE South 44°52'07"East,a distance of 80.62 feet to a set 1/2-inch iron rod with cap marked"SURVEY 1"for the east of the said tract herein described; THENCE South I3°22'36"West,a distance of 36.51 feet to a set 1/2-inch iron rod with cap marked"SURVEY 1"for an angle point in the southeast line of the said tract herein described; THENCE South 43°42'41"West,a distance of 10.01 feet for an angle point in the southeast line of the said tract herein described; THENCE South 45°00'00"West,a distance of 107.52 feet(called 107.75 feet)to a set 1/2-inch iron rod with cap marked"SURVEY 1"in the northeast right-of-way line of said F.M.518 for the south of the said tract herein described; THENCE North 44°40'53"West,along the northeast right-of-way line of said F.M.518,a distance of 100.07 feet to the POINT OF BEGINNING and containing 0.3337 acres(14,539 square feet),more or less. Note:This metes and bounds description is referenced to a survey drawing prepared by Survey 1,Inc.(Firm Registration No. 100758-00)dated June 1,2018,Job number 6-63788-18. QF' ''s.N strA F-1-. RICHARD FU ELL— SUR40 p' • ., V ey 1, Inc You nd Survey Company www.surveylinrc&_o►a I survey 1(a-survevlinc.com I P.O.Box 2543 I Alvin,TX 77512I(281)393-1382I June 1,2018 TRACT 2 DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0204 ACRES(890 SQUARE FEET)SITUATED IN THE SARAH MCKISSICK LEAGUE,ABSTRACT 151 GALVESTON COUNTY,TEXAS Being a tract of land containing 0.0204 acres(890 square feet),situated in the Sarah McKissick League Survey,Abstract 151,Galveston County,Texas,being part of Lot 9,Block 2,of Friendswood,Galveston County Texas,according to the plat recorded in Volume 238,Page14, Galveston County Clerk's Records,being part of a tract land conveyed unto Mark Mclean and Lynn Mclean by deed recorded under County Clerk's File No.2002050454 of the Official Public Records of Galveston County,Texas.Said 0.0204-acre tract being more particularly described by metes and bounds as follows: COMMENCING at a found"x"in concrete in the intersection of southeast right-of-way line of East Magnolia Street(48.00 feet wide)and the northeast right-of-way line of F.M.518(also known as South Friendswood Drive)(variable width); THENCE South 44°47'40"East,along the northeast right-of-way line of said F.M.518,a distance of 116.12 feet to a found"X"in concrete for the west corner of the said tract herein described; THENCE North 45°01'54"East,a distance of 148.25 feet(called 148.48 feet)to a set"X"in concrete for the north corner of the said tract herein described; THENCE South 44°52'0T'East,a distance of 6.00 feet to the east of the said tract herein described; THENCE South 45°01'54"West,a distance of 148.24 feet to the south of the said tract herein described,in the northeast right-of-way line of said F.M.518; THENCE North 44°40'53"West,along the northeast right-of-way line of said F.M.518,a distance of 6.00 feet to the POINT OF BEGINNING and containing 0.0204 acres(890 square feet),more or less. Note: This metes and bounds description is referenced to a survey drawing prepared by Survey 1,Inc.(Firm Registration No. 100758.00)dated June 1,2018,job number 6-63788-18. �r•., 14 y• OF ; RCMDUE ' 1, Inca4ey Survey Company www.survcvLjpl Guam I survevIkcsurveylJnc.copl I P.O.Box 2543 I Alvin,TX 77512I(281)393-1382 I June I,2018 40001 f - f i' I R II [' �r 1, 41101P, ' f � ,.313Si.s' t' w 'SRIENDSWOOD DR t Subject Property: . • / 315 S Friendswood Dr 309 S - s �,+ FRIENDSWOOD DR - 40.41r- �� e ", •,� • a It 309 1/2'St FRIENDSWOOD '' DR#IM,' j ; ,, . "II? Sip , , ,./ . 1,,t ..p MI DR Nit .. 1. /1 € 9_ ©DSWOOD DR �° s;. r,,, V-- '-'' '''. ' \-- � �.. .. .• !tott S �LO� i� �' FRIENDSWOOD ` * !Pip INN , o 4 a , f ��. Legend .' .. ,� Y Streets ��� -Ir."... 7r a , . * c -Lot Lines i. iiii;‘.„-.' • Address Points i _ tim ir ak. , � ! ' r l City Limits r41!' FRIENDSWOOD Counties G I Disclaimer This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.Gov.C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user.(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof, and(3)releases the City of Friendswood from any damage,loss,or liability arising from such use. 4QC '''`w`k* City of Friendswood .;',, 4,) 91r)South wood,Texasswood Friendswood GIS Mapping Friendswood,Texas 77546 0 (281)996-3200 *-',rY4 �s www.ci.fiiendswood.bt.us 1 = 50 /(90'•9 4* p •off /-, r#00a 410111 O-r\/‘.1'" N OANe g'r_°O lr ` <, o , ♦ Q- o ♦ ♦ .v , ♦ •.4.':4•4, et _ G 4' / 4164.64) . o „,s +0,,,, o \#:ti .... Pc . . 0 7a, - ub ect Property: . ' ;r J -'sr 5 ` l • 4v„,_. e , 315 S Friendswood Dr)4* o. O I . . .p J # %0 ps ` ,'E'IF NI 1 y , . 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City of Friends wood . `'';' 910 South Friendswood Drive Friendswood,Texas 77546 Friendswood G I S Mapping 0 (261)996-3200 wwwci.friendswondswood.tx.us 1 "= 401 \ ~ \s/207 A 204 /�O �209 21 j / \\ 209 ��� 210 411 205 201 111 208 310' f --' 201j /, 206 303 404 109 203 \.,/J�' 204 313 P. 108 �QP 107 202 /� 4. 308 406 �Qj4' Oy 401 209 /QO 5A 203 ., . /�P ��P 201 o .,9 403 v \ �h 105 310 ��O 'hp� , ,Q `� � �; ��P ��'V�S 402 ✓✓405 99r41 312 ,OFO 404 \N./ � > 407 \\.... ,,,,, Ks.„ 3b1 4'o_ 401 406 97=12 305 121 403 408 • 214 % \ Subject Property: 405 41 �� NN N. 315 S Friendswood Dr 314 407 0 P, \ i I 412 /�p \. 307 316 409 /0'4- �� `� / 110 • .. �� 309 ;2014;27:.•..•. - 411 �Q 302 �.� • c . ... / 413 • /:. `•,\ 315 PJ '. 408 106 .- 2007-03::• ,,;`\ gip, 109 `-, S,p 401 �� ..,,, . *4*. 416 .... 310 S'c,Q��OS� 407 303 S'�OO p� % 110 107 O'P,,_� 409 105 y 4 307.5 314 / � ��. 106, OQ� .:118.:.. ze,„ � � � O��C�' 105 P 000:02 /P� :� 4- 103 305 2014 02 O�`G� 408 412 `•\\ i 210 : ,r• 107 \ \ u` ' 501 `�G/, /12 p p Legend 416, f. p201110 �y Streets / /,f � �P 502 Lot Lines . Friendswood'ISD 401 / r z-ri-r•ylit/.:.ri /,,,,,,, \� `_i city Limits Administration 403 108 P� / CHURCH;: Counties / � 6� . PUL1 Q5 405 110 ys �'/A :::uses ,. !. . :- . \ 407.5 / 107:::. - . • • \ 112 j Disclaimer This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering.or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.Gov C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user(1)accepts the product AS IS.WITH ALL FAULTS:(2)assumes all responsibility for the use thereof, and(3)releases the City of Friendswood from any damage,loss,or liability arising from such use. City of Friendswood .'w,• : • 910 South Friendswood 46e Friendswood GIS Mapping Friendswood,Texas 77546 w(281)996-3200 :EKY '. wwci.fnendswoodtx.us 1 ' =200 '