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HomeMy WebLinkAboutOrdinance No. 2019-11 (Title: An ordinance amending the zoning classification for a tract or parcel containing 115.998 acres located along the future Friendswood Lakes Boulevard between West Ranch and Friendswood Lakes Subdivisions, Friendswood, Galveston County, Texas, to change from Single Family Residential (SFR) to Planned Unit Development (PUD) for a residential development, "Avalon at Friendswood", as more fully described herein.) ORDINANCE NO. 2019-11 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD,TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR A TRACT OR PARCEL CONTAINING 115.998 ACRES OF LAND ALONG THE FUTURE FRIENDSWOOD LAKES BOULEVARD BETWEEN WEST RANCH AND FRIENDSWOOD LAKES SUBDIVISIONS, FRIENDSWOOD, GALVESTON COUNTY, TEXAS, TO CHANGE FROM SINGLE FAMILY RESIDENTIAL(SFR)TO PLANNED UNIT DEVELOPMENT (PUD) FOR A RESIDENTIAL DEVELOPMENT, "AVALON AT FRIENDSWOOD", CONSISTING OF THE FOLLOWING TRACTS: 1) 87.774 ACRES, MORE OR LESS, BEING A PORTION OF A CALLED 96.944 ACRES TRACT IN THE MARY FABREAU SURVEY, ABSTRACT NO. 69 IN GALVESTON COUNTY, FRIENDSWOOD, TEXAS, SAVE AND EXCEPT A 9.170 ACRE PORTION OF THE SAME TRACT;AND 2)28.2240 ACRES OF LAND,MORE OR LESS, BEING A PORTION OF A CALLED 194.21 ACRE TRACT DESCRIBED AS TRACT "A" AS CONVEYED TO YELLOWSTONE HILL COUNTRY RANCHING, LLC, FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AMENDING THE ZONE CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (SFR) TO PLANNED UNIT DEVELOPMENT (PUD) FOR A RESIDENTIAL DEVELOPMENT, "AVALON AT FRIENDSWOOD"; PROVIDING FOR 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, Constance Cleaves Brakebill, Catherine Mahon, Virgina P. Cleaves, Wilbur R. Cleaves, Melissa Cleaves Benson, and Cypress Creek Holdings Ltd., acting by and through Janet Cleaves Acord, are the Owners of an 87.774 acre parcel of land,being a portion of a called 96.944 acre tract in the Mary Fabreau Survey,Abstract No. 69 in Galveston County,Friendswood, Texas, save and except a 9.170 acre portion of the same tract; and Yellowstone Hill Country Ranching LLC, acting by and through Charles Gregory Evans, is the owner of 28.2240 acres of land,more or less,being a portion of a called 194.21 acre tract described as Tract"A"as conveyed to Yellowstone Hill Country Ranching LLC in Clerk's file number 2010059686 of the Galveston County Deed Records, Galveston County, Friendswood, Texas, (the "Property") is also depicted in Exhibit"A"incorporated herein by reference,including warranty deeds, surveys and metes and bounds descriptions, location map, zoning map and aerial map; and WHEREAS, the Owners previously made application to the City to change the zoning classification of the Property from Single Family Residential(SFR)to Planned Unit Development (PUD) to allow for a private, gated residential development with varying lot sizes, to be known as Avalon at Friendswood pursuant to the PUD document, area map and schematic development plan attached hereto included in Exhibit "B"; 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 approval of the application, subject to any certain conditions made the subject of said recommendation; and Ord No.2019-11 2 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 Single Family Residential (SFR) to Planned Unit Development (PUD), but otherwise consistent and subject to the current Zoning Code, and related conditions contained therein. This rezoning is specifically conditioned upon Owner's full compliance with Appendix C, Zoning Ordinance, Section 7. "Schedule of District Regulations," J. "Planned Unit Development, General Purpose and Description,"paragraph 7.c.2 (Option 2). Section 3. The Official Zoning 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 Ord No.2019-11 3 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 1st day of April,2019. PASSED, APPROVED, and ADOPTED on second and final reading this 6th day of May,2019. 1441....4416 mi.— Foreman Ma or ATTEST: WO F f. 1 r s4r Melinda Welsh, TRMC City Secretary OS • * • • ••••CO OF - .. .. .... Ord No.2019-11 4 Exhibit"A" 1. Applications 2. Property Deeds 3. Metes and Bounds Descriptions 4. Aerial Map 5. Location Map 6. Zoning Map Ord No. 2019-11 5 • Exhibit"B" 1. Avalon at Friendswood PUD document 2. Exhibit A—Area Map 3. Exhibit B— Schematic Development Plan Ord No.2019-11 6 ?, A rd in City of Friendswood — Community Development 444—cTI:44, 910 S.Friendswood Drive Friendswood,TX 77546 Phone:281-996-3201 Fax:281-996-3260 -440t. .u.fnendswooci.tx.us '**Zakg-1-41 Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): O Land Use Change to Zone: El Specific Use Permit Option O Planned Unit Development Option 1 0 Specific Use Permit Option 2 LJ Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: Noah and Soutn of Friendswood Lakes Blvd (to the West of West Ranch and West Blvd.) Platted Land—Plat Name: n/a Lot: Block: Unplatted Land—Attach a certified metes and bounds description (/)OWNER NAME. 414 /I Phone: 7 / Owner's MailingAddress: 05 tii t", 111 - Fax. -1'1(.. Zip: (0 a City:Fri.(-)454)1°16+ state: k.4rak-,4,71 Owner's Email Address: c piKeT4/4 AGENT'S NAME : META Planning 4- Design Phone: 281-810-1422 ext 105 Agent's Mailing Address: 24275 Katy Freeway, Suite 200 City: Katy State: TX Zip: 77494 Fax: Agent's Email Address:icAtbmi....Pker kedwards@metaplanningdesign.com In authorizingagent to represent the owner, the owner attests that his/her agent may make verbalorthwar:ttit!ine representationsanand/or declarations on the owner's behalfand theowner understan5s and acknowledges pCrioty eorfty.Friendswood shall rely upon the agent'srepresentations in matters pertaining totheabove described property. The designation of an agentin this matter in no way absolvesthe owner of any of the owner's responsibilities outlined by the Cityof Friendswood. The owner must betheegal owner of record of the property at the time of submittal of the application. The undersigned hereby revest approval b th!_c_ity(Counci n the abyve id,ontifi change. „2 Owner's Signature Agent's Signature: 6V; Date: s,/7 7-,/ I ei RAW— S"tafiA Application Number.. Received By: ())51.4i _4 ReceivedNe Date: -'‘ ` tit Date of Public Hearing: w aa.. spaper Notice: Property Owner Notices: 01 i Sign on Property: c)—a a tti Page 1 of 2 Revised 11-01-18 City of Friendswood— Community D.evelopmept. rsttili,o0 910 S.Friendswood Drive‘.11- * . Friendswood,TX 77546 Phone:281-996-3201 Fax 281-996-3260 ww.ci.friendswood,tx,us rEx s Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): D Land Use Change to Zone: 0 Specific Use Permit Option I n Planned Unit Development Option I 0 Specific Use Permit Option 2 lIj Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd(to the West of West Ranch arid West Blvd.) Platted Land—Plat Name: n/a Lot: Block: Unplatted Land—Attach a certified metes and bounds description OWNER NAME: kjk.ktelY\ , Phone : - C) 2 "Owner's Mailing Address: P)RO -6 Cr---)04): City: Niciffs:' qe-,Ak.„1-‘ State: L- Zip: \Fax: (Owner's Email Email Address: CA-Vi\vri yen el,\e‘0 AGENT'S NAME META Planning+ Design Phone: 281-1101422 ext 105_ Agent's Mailing Address: 24275 Katy Freevvay, Suite 200 City: Katy State: TX Zip: '77494 Fax: Agent's Email Address:_Kathryn Parker-kedwards@metaplanningdesign,c2m 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 owners behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agents representations in matters pertaining to the above described property. The designation of an agentb in this matter in no way eabsolvesthe the owner of any of the owner's responsibilities outlined by the City of Friendswood. The owner mustlegal owner of record of the property at the time of submittal of the application. The undersigned herebypcqst ap>"jil by thes ' 'Council on the above identified zone charige. 7 ri Owner's Signature, _ Date: , -7 f--,‘-‘; Agent's Signature: _ )_ 16frike/te_ Date:___1113/14 Application Number: 08-14-1 OW\ Received By, Received Date: Date of Public Hearing: 371 11 Newspaper Notice: 7-11.71A: Property Owner Notices: aga-19 Sign on Property: Revised 11-01-18 Page 1 of 2 --.0ii City of Friendswood — Community Development 910 S.Friendswood Drive i*:00Ms. �}`''( t, ',�:� Friendswood,TX 77546 if',r A' ), Phone:281-996-3201 Fax:281-996-3260 N 1// ww.ci.friendswood.tx.us 7' -ti Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CH 3'f D GE(check one): 0 Land Use Change to Zone: , 0 Specific Use Permit Option 1 0 Planned Unit Development Option 1 D Specific Use Permit Option 2 ®Planned Unit Development Option 2 SUP for Uses)#: PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd to the West of West Ranch and West Blvd.) Platted Land-Plat Name: n!a Lot: Block: Unpiatted Land-At ch a certified metes and bounds description © a F ek OWNER NAME. \/ vt Friona. / -k-gOt- Owner's ailing Address:4, S CI t)% City; State: Zip: x in -1 RFax: Owner's Email Address: r. AGENTS NAME: META Planning÷ Design Phone: 281-810-1422 ext 105 Agent's Mailing Address: 24275 Katy Freeway, Suite 200 City: Ka State: TX Zip: 77494 Fax: Agent's Email Address: lath n Parker-kedwards meta Iannin deli n.co 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 wrier must be the legal owner of record of the property at the time of submittal of the p lication. The undersigned hereby st approval byte City # t\tIfl above identified zone change. Owner's Signature * t ��- - Date. �. 0 ICI w Agent's signature. -� 1 _Date: /7„, _ .4 , Application Number:RAN) t CaOQ Received By: Received Date: Date of Public Hearing: Newspaper Notice: - Property YOwner Notices. " a'"i ci Sign on Property: a-,9 D.."19 Revised 11-01-18 Page`i of 2 i WM tnenuswouu more * t* "'riendswood,TX 77546 "- Phone:281-99L ..s201 Fax:281-996-3260 ww.cl.friendswood.tx,us 4,41 Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): O Land Use Change to Zone: 0 Specific Use Permit Option El Planned Unit Development Option 1 El Specific Use Permit Option 2 Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd to the West of West Ranch and West Blvd.) Platted Land-Plat Name: Ns Lot: Block: Unpiatted Land-Attach a certified metes and bounds description OWNER NAME: Lithigiur R. C1é# 45 Phone: 3 G 1 2 Owner's Mailing Address: 2 +. i R 04;24v4 (IV City: 4v. , e State: T-5( Zip: 7 +84 Fax: 1- 45 s.s 4, Owner's Email Address: 1$...dc.L.EfivEE ,/,*.14* O,com AGENT'S NAME META Planning +Design Phone: 281-810-1422 ext 105 Agent's Mailing Address: 24275 Ka Freewa , Suite 200 City: Katy State: TX Zip: 77494 Fax: Agent's email Address:,Kathryn Parker kedwards@metaplanninqdesiqn.com 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 hereby request approval by the City Council on the above identified zone change. Owner's Signature , • 1 . Date: ti Agent's Signature: +C(191--. 16e4cere_ Date: (/Z'L Application Number:010...-a01 -();( Q, Received By: -) StAr. Received Date: JIs Date of Public Hearing: a-4—1 9 Newspaper Notice: - Property Owner Notices: )-aa-ig Sign on Property: 19_ _ *rtrtitiv% City of Friendswood + on mUni y e relopment 90 Friendswood Drive Friendswood,TX 77546 Phone:281"-996-3 01 Fax:281-996 3 60 ww"ci"friendswood.tx•us r}une hne . pplication- CURRENT ZONE of PROPERTY: SFR TYPE OF ZON CHANCE(check one): Q Land Use Change to Zone:, Specific Use Permit Option 1 El Planned Unit Development Option I Specific Use Permit Option 2 Planned Unit Development Option 2 SUP for Use(s) PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd (to the West of West Ranch and West Blvd.) Platted Land-Plat Name: nfa Lot: Block: Unplatted Land-Attach a certified metes and bounds description ñttiSSO i1 $S'tPhone. 5DoWN NAME: -(52-t* Owner's Mailing Address; I cos ' ve Fax tty: (15t tate� gyp;T-03:3 " t Owner's Email Address: ,t C (1 . A NT N : META Planning+ Design Phone: 2 1-810®1422 ext 105 Agent's Mailing Address: 24276 Katy Freeway, Suite 200 City: Katy State: TX ip: 77494 Fax: Agent's Email Address: Kathryn Parker ked and @metaplanningdesign.com.� 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 cif Friendswood shall rely upon the agent's representations In matters pertainingto 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 hereby request pproval,by the Jo Council on the above identified zone change, Owner'sSignature 'j - ��. - nUDate. Agent's r nature: Pa Date. 1 /Z3i/q Application Number:14 Received By:, Received Date: •-1 �' '1 Date of Public Hearing: 5--1"' 9 Newspaper Notice: - -t q Property Owner Notices: , �, Sign on Property: a - -I cl Revised 11-01-18 Page I of 2 �*.., ,. City of Friendswood �-- Community Development ,,,. ,,9.-` .`0� 910 S. Friendswood Drive �( 't ' ' # Friendswood,TX 77546 " " ,*ri . ' Phone:281-996-3201 Fax 281-996-3260 ,.t w 1• P{ � f ;+��� n t * + � .h . 'r,� , ww.ci.friendswood.tx.us one Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): 0 Land Use Change to Zone: 0 Specific Use Permit Option 1 G Planned Unit Development Option 1 0 Specific Use Permit Option 2 j Planned Unit Development Option 2 SUP for Uses)#: PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd to the West of West Ranch and West Blvd..) Platted Land--Plat Name: n/a Lot: Block: Unplatted Land—Attach a certified metes and bounds description OWNER NAME: C(,f( $ Creek. 01APhone. iZD `7?. v Owner's ailin Ad ess: wt'/ 4ffe1i7( I (. City: State: Zip: .9 Fax: Owner's Email Address; ai‘tr.4 wee ens9 0 4•e- ----- AGENT'S NAME : META Planning +Design Phone: 281-810-'1422 ext 105 Agent's Mailing Address: 24275 Katy Freeway,Suite 200 City:,Katy State: TX Zip: 77494. Fax: Agent's Email Address: Kathryn Parker-kedwards c metaplannin desi n.com 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 hereb request approval by the City Council on the above identified zone change. , , 4 wners Si nature 14,14 ot e Preis. Date: k 16 1 CI 3$ AP TAC 1 Yvi, 4. ei 01, f•( inil ily datiA } Agent's nature: D : 0 ,..,_ , y 1 Application Number:yufk - a Received By: Received Date: i"'7_,(Z—15 Date of Public Hearing: 3 - i -I . Newspaper Notice: )---11 -14_ Property Owner Notices: a_ -1 9 Sign on Property: P-^A --.1_.�1 Revised 11-01-18 Page 1 tit 2 t AlrerS itt4. TM City of Friendswood - Community Development 910 S. Friendswood Drive .,:',i';'24`•:;;'-.. 1 Friendswood,TX 77646 ge P.111'17.._Y. Phone:281-996-3201 Fax 281-996-3260 ww.cl.friendswoodKus k-ZILW Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): 0 Land Use Change to Zone: 0 Specific Use Permit Option I 0 Planned Unit Development Option 1 Ej Specific Use Permit Option 2 0 Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: North and Soutn of Friendswood Lakes Blvd (to the West of West Ranch and West Blvd.) Platted Land—Plat Name: nia Lot: Block: Unplatted Land—Attach a certified metes and bounds description OWNER NAME: 'I/ tww s ohe t-klk (0r fi,„„cm, Phone: ,, g*-1 ,X4-0 67s.5 Owner's Mailing Address:.a6?0 \,,i pod,;my, i:M:114- sv:te. City: 0.04-0,-, State: -N Zip: 1/06t Fax: Owner's Email Address: _ : adatm e)IA ill habi,Q,,,,ti,cA .Aie..1 op 01.4, ((714-• _ AGENT'S NAME : META Planning+ Design phone: 281-810-1422 ext 105 Agent's Mailing Address: 24275 Katy Freeway, Suite 200 City: Katy State: TX Zip: 77494 , Fax:_ Agent's Email Address:,Kathryn Parker-kedwards@metaplanninglesign.corn In authorizing an agent to represent the own ', he owner attests that his/her agent may make verbal or written representations and/or declarations on the ©oy1ier• behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the a nt's representations in matters pertaining to the above described property. The designation of an ag , s atter in no way absolves the owner of any of the owner's responsibilities outlined by the City o itil .i I, The owner must be the legal owner of record of the property at the time of submittal of the appIicatifi kA .4r The undersigned hereby request a prov. Gy1:14*,„ Council on the above identified zone ch Owner's Signature A .- Date: i VS" Agent's Signature: 4 Date: 51-4‘ (1)1? olpii Application Number: PLAMI,DIg— 00(.02, Received - By'. kc,-,1 nvtivuttr-e- Received Date: 1—2 S.- 1 il Date of Public Hearing: — Newspaper Notice: a-di-1cl Property Owner Notices: a— 9,a-I 9 Sign on Property: , .. • , Revised 11-01-18 Page 1 of 2 1 A 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. TRUSTEES'SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GALVESTON § Constance Cleaves Brakebill as Trustee of the CONSTANCE CLEAVES BRAKEBILL NONEXEMPT TRUST II, Constance Cleaves Brakebill as Trustee of the CONSTANCE CLEAVES BRAKEBILL 1993 NONEXEMPT TRUST, and Constance Cleaves Brakebill as Trustee of the CONSTANCE CLEAVES BRAKEBILL 1993 EXEMPT • TRUST ("Grantors") for and in consideration of the sum of TEN and NO/100 DOLLARS ($10,00) cash and other good and valuable consideration in hand paid by CONSTANCE CLEAVES BRAKEBILL ("Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto Grantee all of Grantors' interest in and to all real property owned by Grantors in Galveston County, Texas, including but not limited to the following described property together with the same interest in all improvements situated thereon, ("Subject Property"): See Exhibit"A" attached hereto and made a part hereof. Grantors do hereby convey the properties described above, together with all rights, titles and interests of Grantors in and to any roads, easements, streets and rights-of-way within, adjoining, adjacent or contiguous to the Subject Property, and all condemnation • awards, minerals, reservations and remainders, and together with each and every right, privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property. The term "Subject Property' shall refer to and include the property described in this paragraph. The conveyance made hereby and the warranties (If any) made hereunder are made • by Grantors and accepted by Grantee subject to the following matters, to the extent same are in effect at this time: any and all leases, restrictions, covenants, conditions, liens, encumbrances, reservations, easements, and other exceptions to title, if any, relating to the (00282587.1 , h FILED AND RECORDED Instrument Number: 2018062322 Recording Fee: 38.00 • Number Of Pages:5 • Filing and Recording Date: 10/15/2018 2:23PM 1 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. i *.,..4---.. -.tis,-;:t.:.gi, -0,1',.* -'-',.•....: - 4.4,-. -)..)-$'44-.,..m:'• •"ft.:,,, - .....,-, ,.•.. . ... . . ipAz.),*,,..t.:-,..":3:P- .. .-•*-NA.'. .•,.• # . 4 . .. i• 14)_, ,f-WW-r?.,•,„ -_.„WA- ''',.1 ... _.... . .., .... .. . ,. .. . ., . 1' .... ...,•. . i 1.,440:4,:c .'. '_,A, .,,,isa.7‘r: ,. .I . . •. ' .I ei•-F.:...,.,t.,':'::::ek, -,- ''''' .''‘,,,,,,N.I.‘4:k. ':r : t • . - ' • ki r,..,,,k,jf::::,A,...:, if• i=c, x.\\''',..-"il:,?'`.4. -:-:,,, 4)-`:. a-\-Wr4-, • \ :.,i\-‘vre?4- _.- ,.-:...... . ,i-- ... ... " .,'-' 4,-.\- ,.k.-,•,N„ -14„.. ,-,:,., ni,'itiofit il- Stilti%'..lit.CbttiltY Clerk- ' ..,•.c.t ., %..\ -. „Al: V . -.-.:4'.).' - • ,i,Nlv:,,,,* GIves ton C.loon.tv,'17e:-..a5. . ,.,.. , •----41ww- iA),' -- DO NOT DESTROY - Warning, this document is part of the Official Public Record. • • • Branch ;ISP User ;V.BEA • s igs ECIAt WARRANTIpgED NOTICE OF CONFIDENTIALITY RIGHTS IF YOU AREA NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECU RITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER STATE OF TEXAS X X KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF GALVESTON X THAT JANET CLEAVES ACORD,Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD NONEXEMPT TRUST Ii,Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD 1993 EXEMPT TRUST,and Janet Cleaves Acord as the Trustee of the 1993 NONEXEMPT TRUST thereinafter referred to as"Grantors"),for and ire consideration of the sum of Ten and NO/100 Dollars($10 )cash and other good and valuable consideration in hand paid by the below mentioned GRANTEE,the receipt and sufficiency of which is hereby expressly acknowledged and confessed,has GRANTED,SOW AND, CONVEYED,and by these presents does GRANT,SELL AND CONVEY unto CYPRESS CREEK HOLDINGS, LTD,,a Texas limited partnership,(herein referred to as"Grantee")the following undivided interests in. all of Grantors'interest in and to the real property more particularly descnbed on Exhibit"A"attached hereto and made a part hereof(the'Subject Property') Grantors do hereby convey the Subject Property together with all rights,titles and interests of Grantors in and to any roads,easements,streets and rights-of-way wrthin,adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards,minerals,reservations and remainders,and together with each and every right,privilege,hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties(if any)made hereunder are made by the Grantors and accepted by Grantee subject to the following matters,to the extent same are in effect at this time any and all leases,restrictions,covenants,conditions,liens,encumbrances,reservations, easements,and other exceptions to title,if any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state,and to all zoning laws,regulations arid ordinances of municipal and/or other governmental or quasi- governmental authorities,rf any,but only to the extent that they are still In effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property To HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby,together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's heirs,executors,administrators,successors and assigns forever,and Grantors do hereby bind Grantors and Grantors'successors and assigns to warrant and forever defend all and singular the Subject GALVESTON -TITLE,TX ocument: E )2Ol i 9071Page:1 of 5 Printed on;7/9/20!8 3:59 PM Branch ;ISP User 'BEA Property,to the extent conveyed hereby,unto Grantee and Grantee's heirs,executors,administrators, successors and assigns against every person whomsoever lawfully clalmingor to claim the same or any part thereof,by through end under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by The Grantee. GRANTORS JANET CLEAVES ACORD J net Cleaves Acord Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD TRUST II Janet Cleaves Acord as Trustee of the JA C ACORD TRUST II Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD 1993 EXEMPT TRUST • wirorw, , ,, / Jo et Cleaves Acord as Trustee of the NET CLEA ACO RD 1993 EXEMPT TRUST • GALVESTON-TITLE,TX Document,DED 2011,19071 Page:2 of 5 Printed on:7/9/2018 3:59 PM Branch:ISP User :VBEA Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD 1993 NONEXEMPT TRUST Li. OF Janet Cleaves Acord as Trustee of the JANET CLEAVES ACORD 1993 NONEXEMPT TRUST Address of Grantee Cypress Creek Holdings,Ltd. 614 Undenwood Drive • Houston,Texas 77024 • • • • GALVESTON-TITLE,TX Document:DED 2011,19071 Page:3 of 5 Printed on:7/9/2018 3:59 PM • Branch :ISP User:VBEA STATE OF TEXAS X • X =NI?oF HARRIS X BEFORE ME,the undersigned authority,on this day personally appeared JANET CLEAVES ACORD, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed, in the capacities therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE,this ji day of April 2011, • ' — .• 41111 . - ; of Texas After recording,please return to: MONO Q.PHAN "0:100144u;Km/Mu Dinah Weems 04-ar-2014 614 Undenweod Drive Houston,Texas 77024 • • • • • • • GALVESTON-TiTLE,TX Document:DED 2011.19071 Page:4 of 5 Printed on:7/912018 3:59 PM :, Branch :ISP User NI3E.A • • • Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No.69,in Galveston County,Texas and being more fully described by metes and bounds as follows: BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr,by Deed dated September 29,1880,and recorded in Volume 35,Pages 452-54,In the office of the County Clerk of Galveston County,Texas,said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said peter Darras,Sr tract,a distance of 1077 vcres(299167 feet)said point being on the • Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr,by Deed dated September 29,1880,and recorded in Volume 35,Pages 454-56 in said County Clerks office, • • • THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Llarras,Jr tract,a • distance of 764 varas(2122.22 feet)to a point for corner of the Southeasterly line of said Mary Fabreau • Survey; • THENCE North 43 degrees,35 minutes East along the Southeast line of said Survey a distance of 335 • tiaras(930.56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of • • the John Dickinson Survey; THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey,same being the • Westerly line of said Dickinson Survey,a distance of 1050 varas(2916.67 feet)to the most Southerly corner of the said J,R,Williams Survey; • THENCE North 46 degrees,25 minutes West along the dividing fine between said Fabreau Survey and • J R Williams Survey to the PLACE OF BEGINNING,containing 97.00 acres of land,more or less. • FILED AND RECORDED OOFICIfAL PUBLIC RECORDS • 7k 1 • b19071 Apr1 L 14, 2011 01 27 31 PM • • • • FEE $32 ee • Dwmmht D Sult*van, County Clerk Calve ton County, 'ERAS • GALV1 STON T TITLE,TX Docurnerit;.DED 2011.1 9071 Puge:5 of 5 Printed t t e7/9/2018 3 59M 200#5574 4 NS sPECIALWAR,R ITY DEED THE STATE OF TEXAS § § KNOW ALL MEM BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS, IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION PROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor),for and in consideration of the sum of Ten and No/100 Dollars($10 00)cash and other good and valuable consideration in hand paid by CONSTANCE CLEAVES BRAKEBILL,as Trustee of the CONSTANCE CLEAVES BRAKEBILL 1993 NONEXEMPT TRUST(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 10 0612% of Grantor's undivided one-half (1/2) interest in and to the property described on Exhibit "A" attached hereto and by this reference incorporated herein.for all purposes, together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor In and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph. The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, 1 • conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities, if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property, TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee. - GRANTOR WILBUR S. CLEAVES FAMILY LIMITED PARTNERSHIP By CA ' arZ4eat rAf1",17- bur R.Cleaves,Managing Partner Address of Grantee: Constance Cleaves Brakebril,Trustee 204 Woodlawn Drive Fnendswood,Texas 77546 2 s • THE STATE of XAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated \ 1VEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,. ..�. _,2004 17 STAMP NAM AND 5XPIRATtON , . raATE OP COMMISSION BELOW NOTARY PUBLIC IN AND. IV3Il THE STATE OF TEXAS . fir: . 14.,,wv Pubbo Sulu OtTexas : 4 ..-woony,,..,,F:x04.,., . larloary 24,2001 0 Alter recg dlna,please return to: Nur) Jennifer M.Eiskes Chamberlain,Hrdiicka,White,Williams 84 Martin 1200 Smith Street,Suite 1400 Houston,TX 77MMM 0475309 01 004092-0Q0000 3 ..4 r • T i Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr., by Deed dated September 29, 1880, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R. Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr.tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras, Jr tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-56 in said County Clerk's office; THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122.22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey; THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said JR Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land, more or less FILE1 OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Mat eon/Alt 2004 JUL 09 09:51 AM 2004045574 KFRN_S $15.00 Mari Ann Daigle f CC N Y CLERK SALVE TUN, MMM 4 •Td H• ` y 2004J45576 pg 1 ■ ,; SPECIAL WARRANTY.DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for.and in consideration of the sum of Ten and No/100 Dollars($10 00)cash and other good and valuable consideration in hand paid by WILBUR R.CLEAVES,as Trustee of the WILBUR R CLEAVES 1993 EXEMPT TRUST (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed,has GRANTED,SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 11 3050%of Grantor's undivided one-half(1/2)interest in and to the propertydescnbed on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if I • w any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP 8y fiel A t ilbur R Cleaves,Managing Part er Address of Grantee: Wilbur R Cleaves,Trustee 241 Rosebud Corpus Christi,TX 78404 2 THE STATE OF TEXAS COUNTY OF BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R -CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the cfa day of , 2004 STAMP NAME AND EXPIRATION ItAik DATE OF COMMISSION BELOW NOTARY PUBLIC IN AN b '"• THE STATE OFTEXAS ZALei .*M% Nag ttitaCtFlool Iva s My Comma Exchres y;; '�� January 24,200/ After recording.please return to:Jennifer M. Eiskes PAW Chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street, Suite 1400 Houston,TX 77002 0475668 01 004092.000000 3 a Exhibit"A" • Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880 and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R. Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras, Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr.by Deed dated September 29,1880,and recorded in Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122.22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees,35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey; THENCE North I degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey.a distance of 1050 varas(2916 57 feet)to the most Southerly corner of the said J R.Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less • FILER REREO OFFICIAL PUBLIC RECORDS OF REAL PROPERTt 7/7a(%gellt 2004 JUL 09 09:51 € 120040455% KERLS $15.00 ttdrY Ann Dd tg t ,COUNTY CLERK f,VE,�T TEXAS 4 2OOO455?? Pg8 4 • SPECIAL WARRANTY DEED arm THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS • YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and No/100 Dollars($10 00)cash and other good and valuable consideration in hand paid by WILBUR R CLEAVES (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed,has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee an undivided 3.6340%of Grantor's undivided one-half(112)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon ("Subject Property"). Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,pnvilege, 'hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties Of any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect et this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if any,relating to the Subject Property,but only to the extent they are still in force and effect t and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming onto claim the same or any part thereof,by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee. GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP S F /11 �--� tihJ., �Ibr R Cleaves,Managing Partner Address of Grantee: Wilbur R Cleaves 241 Rosebud Corpus Christi,TX 78404 2 s 4 1 THE STATE OF TEXAS § 6 COUNTY OF § BEFORE ME, the undersigned authority,on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated t- \GIyEN UNDER MY HAND AND SEAL OF OFFICE, this thea,, day of _ ,2004 c- p r STAMP NAM-AND!EXPIRATION On DATE OF COMMISSION BELOW NOTARY PUBLIC N AND FO THE STATE OF TEXAS ENA "Nag. r �+0. Notary Public, Mef _r t 0$ iti� 3onuoiy 244001 After recording&please return to: MO Jennifer M.Eiskes Chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston, TX 77002 0475682 01 004092-000000 3 • • • - •ww.v m . I { Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract Na 89,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at tie Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35,Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1660,and recorded in Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey; THENCE North 43 degrees, 36 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North l degree,26 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 07 feet)to the most Southerly corner of the said J.R Williams Survey; THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less F11Egl RECOPIED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Nu% 2004 JUL 09 09:51 AM 2004045577 KERN, $15.00 Mar/ Ann Ua1 1a .COUNT: CLERK GALVESTON, TEXAS 4 62OO4O455784s 5578 SPECIAL,WARRANTY,DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Noll O0 Dollars($10 00)cash and other good and valuable consideration in hand paid by WILBUR R CLEAVES, as Trustee of the WILBUR R CLEAVES 1993 NONEXEMPT TRUST(hereinafter referred to as"Grantee"},the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee an undivided 10 06120%of Grantor's undivided one-half(1/2)interest in and to the property described on Exhibit"AH attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and nghts-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restnctions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions tattle,if 1 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By 444, il bur R eaves,Managing Partner Addross of Grantee; Wilbur R Cleaves,Trustee 241 Rosebud Corpus Christi,TX 78404 2 s-•.\ Vow+.,-w f 1 THE STATE OF TEXAS § COUNTY QF § BEFORE ME, the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated VEN UNDER MY HAND AND SEAL. OF OFFICE, this the Di day of STAMP NAME AND CXPIRATION ,•----:—ez\41 jc _.,,... . 4,1-L.,' DATE OF COMMISSION BELOW NOTARY PUBLIC IN A F • THE STATE OF TEXAS ,, y auto, S NYA�fo �` Natvy public,State of Texas i. My Co rtm►ium Exples t`II te. Jantkary 24,2007 . After recording,Please return tv; ipAto Jennifer M.Elskes Chamberlain, Hrdttcka,White, Wltltams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 0475085 01 004092-000000 3 1 .e M WYPorO1y ExhMbIt,W Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J.R. Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr,tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras, Jr,tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-56 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet)to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerty fine of said Dickinson Survey,a distance of 1050 varas(2916,67 feet)to the most Southerly corner of the said J,R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE.OF BEGINNING,containing 97 00 acres of land,more or less FILED AND RE OFFICIAL PUBLIC RECORDS OF REAL, PROPERTY Zatiegan, 2004 JUL 09 09:51 API 200404557O Karp Ann CLERK 4 •r �* _ . M4045560 4 PE SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Nol100 Dollars($10.00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES,as Trustee of the VIRGINIA PARRISH CLEAVES 1993 EXEMPT TRUST(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee art undivided 3 76840%of Grantor's undivided one-half Oa)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property. TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the nghts and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor, but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR. WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP B � - Y iibur R.Cleaves,Managing Partner Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 1 + THE STATE OF XAS § COUNTY OF &t' 111 BEFORE ME,the undersigned authority,on this day personally appeared WILBUR R.CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated VEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2004 } STAMP NAME AND EXPIRATION 'A IL DATE OF COMMISSION BELOW NOTARY PUBLIC IN AN THE STATE OF TEXAS i', BELINDA S GONZALEZ f 4 �Y NV Pam,#star t ex t�i Tax,4 C�rr�' �r1 January 24,200p�rv1 PASS Aft r re orsti lease return to: Jennifer NI.Elakes Chamberlain,Hrc,licka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 • 0475681.41 004092-000000 3 • I ExhIbI t"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1660, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991.67 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract,as said tract was set aside to Peter Darras,Jr.by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-50 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey; THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a.. distance of 335 varas(930.56 feet)to the Easterly line of said rabreau Survey,said point being also on the West line of the John Dickinson Survey; THENCE North'f degree,25 minutes West along the Easterly lime of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said J R.Williams Survey; THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R,Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land, more or less RS �� - 0 OFFICIAL, PUBLIC RECORDS OF REAL PROPERTY PLyetZwl, 2004 JUL�09 09;51� 20 045 harY AnnKs ' .l TY CLERK SWUM TEXAS r ��# 200045581 Ks , . SPECIAL.WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS' YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Noll 00 Dollars($10.00)cash and other good and valuable consideration in hand paid by CONSTANCE CLEAVES BRAKEBILL,as Trustee of the CONSTANCE CLEAVES BRAKEBILL 1993 EXEMPT TRUST(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee an undivided 11.305%of Grantor's undivided one-half(la)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals, reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and Include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters,to the extent same are in effect at this time any and all teases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 • any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any, but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to€laim the same or any part thereof,by through and under Grantor,but not otherwise. Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR, WILBUR $ CLEAVES FAMILY LIMITED PARTNERSHIP By jApv bur R Cleaves,Managing Pa er Address of Grantee: Constance Cleaves Brakebill,Trustee 204 Woodlawn Onve Friendswood,Texas 77546 2 • k THE STATE 0 EXAS § S COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared WILBUR R.CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the al day of 2004 STAMP NAME AND EXPIRATION DATE OF COMMISSION BELOW NOTARY PUBLIC IN AND F 6t1'131\4/ THE STATE OF TEXAS C1\ ) B y lNai4po sbc,suo Yb 8. � �#o�Er,r s My canint5644,,Expges • A r re rdl ! aae return a: P1JL Jennifer M.Eiskes Chamberlain,Hrdiicka,White,Williams&Martin 1200 Smith Street, Suite 1400 Houston,TX 77002 0444502 01 Q00344•000000 3 I 1 !w r • Exhibit",t" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1860, and recorded in Volume 35, Pages 452.54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr,by Deed dated September 29,1880,and recorded in Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey; THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930,56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING.containing 97,00 acres of land, more or less Fla OFFICIAL PURLfC REDS REAL PROPERTY 177a,9,114171, 2004 JUL 09 09:5i Ali 2004045581. KEG $15.00 Mary Ann BAIR LiCQUNTY CLERK ` � RC 2004045582 4 PE ti SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS' YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S. CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Nof100 Dollars($10 00)cash and other good and valuable consideration in hand paid by CONSTANCE CLEAVES BRAKEBILL(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents (toes GRANT, SELL and CONVEY unto Grantee an undivided 3 634%of Grantor's undivided one-half(1/2)interest in and to the property described on Exhibit"A" attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon ("Subject Property"). Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and nghts-offway within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals, reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property. The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters,to the extent same are in effect at this time any end all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,If t any,relating to the Subject Property,but only to the extent they are still in force and effect . and shown of record in the above,mnntioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect, relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor, but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR. WILBUR S. CLEAVES FAMILY LIMITED PARTNERSHIP By eggiwk .4`" A-44s 0.ik II ur R Cleaves,Managing Pa.rtn r Address of Grantee: Constance Cleaves Brakebill 204 Woodlawn Drive Priendswood,Texas 77546 2 1 • ,f • • THE STATE 0 EXA$ § 9 COUNTY OF BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R, CLEAVES, known to erne to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated VF UNDER MY HAND AND SEAL OF OFFICE! this the , , _ day of 2004, STAMP NAME AND EXPIRATION DATE OF COMMISSION BELOW KIOTAR QLIC IN AND F THE STATE OF TEXAS i ' $ IINDA S GONZALEZ . fVpfsay Pubes,State of Texas • r` My Como iissKon Exp s #4, ; January 24,2007 After recordina,_Please return to: PM Jennifer M.Elskes Chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 047531.1 01 004092-000000 • 1 . •.• ...,.s • •fin -- L • a f t E.xhOOlt"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880,and recorded in Volume 35, Pages 452w54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 87 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29, 1880,and recorded in Volume 35,Pages 454-56 in said County Clerk's office; THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 50 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 versa(2916 67 feet)to the most Southerly corner of the said J.R Williams Survey; THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less. FEB At RE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY PladoweIgn • 2004 a 09 09:51 AM 2004045582 Mary Ann D ,S DADA TY CLERK .. ST0R, 'TEXAS 4 „ RC 55E 4 pH SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR$, CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Noll 00 Dollars($10 00)cash and other good and valuable consideration In hand paid by VIRGINIA PARRISH CLEAVES, as Trustee of the CATHERINE CLEAVES MAHON 1993 NONEXEMPT TRUST(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 3 35378% of Grantor's undivided one-half (1/2) Interest in and to the property described on Exhibit "A” attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and right -of-way within, adjoining,adjacent or contiguous to the Subject Property, and all condemnation awards, minerals,reservations and remainders,and together with each and every nght,pnvilege, hereditament and appurtenance in anywise Incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property descnbed in this paragraph The conveyance made hereby and the warranties Of any)made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, 1 ti conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever;and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor, but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee, GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP B ()A4L- �l ur Cleaves,Managing Marine Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 — •— e• 0 • THE STATE 0 EXAS COUNTY OF BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated IV N UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2004 STAMP NAME AND EXPIRATION 411 DATE OF COMMISSION BELOW NOT Y PUBLIC IN At4s THE STATE OF TEXAS ottiNDA GONZALiz ,ty N Cavy Puty14,Stat.of l'exis" - ommisvon EXP1(00 January 24,2007 After recording,please return to: AU Jennifer M.Elskes Chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street, Suite 1400 Houston,TX 11002 0475493 01 004092-000000 • 3 ■ r • Exhibit"A' Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880,and recorded in Volume 35,Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr,tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr,tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 versa(29 t 5 57 feet)to the most Southerly corner of the said J R.Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97.00 acres of land, more or less FILED .1 B OFFICIAL PUBLIC REDS OF REAL PROPERTY 177/Aye 2004 JUL09 5 0 : 1. `l 20044 5503 $1 .00 MaryAnnKIMt 1e 'COUNTY CLERK L CT0141 TE 4 g * 2n5584 Pgs SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Nol100 Dollars($10 00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES, as Trustee of the CATHERINE CLEAVES MAHON 1993 EXEMPT TRUST (hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee an undivided 3 76830%of Grantor's undivided one-half(1/2)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals, reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors end assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By ' ilbur Cleaves, naging Partner Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 • J• THE STATE OF XAS § 9 COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R CLEAVES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, In the capacity therein stated \ IVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,2004 311/41 I. I STAMP NAME AND EXPIRATION DATE OF COMMISSION BELOW NOTARY PUBLIC IN A liret". THE STATE OFTEXAS iltUNI A 5 GONZAL M J : Nat y Mho,State of Twos *.. _. ./. _r..- _.. After.recordi.na1 pleas,"return to: Jennifer M. Flakes Chamberlain, Firdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 0475400 01 004092-000O00 3 F xr i � s Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 07 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract, as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-56 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 55 feet)to the Easterly line of said Fabreau Survey,said point being also on the West Ilne of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 07 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less FILED AND RECORD OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Oaidiegrin 2004 JUL 09 09:51 AM 2004045584 K $1 Mar, Ann Willie r TY CLERK CALBT } 4 • SC 305585 PgS Y � SPECIAL WAR TY D E D THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and No1100 Dollars($10 00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES,as Trustee of the MELISSA CLEAVES BENSON 1993 NONEXEMPT TRUST (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee an undivided 3 35378%of Grantor's undivided one-half(1/2)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if • 4 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By ilbur R Cleaves,Managing Pa er Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 • • • • r 4 c• THE STATE tTEXAS 1.) Ui 5 COUNTY OF BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R CLEAVES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated VEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2004 STAMP NAME AND EXPIRATION 41ei DATE OF COMMISSJOr NOTARY Lie IN AND FO rp.,4. BELINDA 5 GONZALEZ THE STATE OF TEXAS f Nowy Pubbc,stoa 01 TC0j$ My 0341105004 ExP"3 4'1 ianualy 24,21:#0, After recorOinckplease return „ Jennifer M.Eiskes 10‘1 chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 0475672 01 004092-000000 3 • • 1 Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No fig,In Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1860, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35, Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees,35 minutes East along the Southeast line of said Survey a distance of 335 varas(930.66 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97.00 acres of land,more or less FILED AND RE ' DED ' OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Oaajegrot 2004 JUL 09 SO9KERN ;51 AM 404�5 5.00 Mary Ann ,le rC CLERK 4 4045586 4 pgs SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Nof100 Dollars($10 00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 1 2110%of Grantor's undivided one-half(112)interest in and to the property described on Exhibit"A" attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon ("Subject Property") Grantor does hereby convey the Subject Property together with all nghts,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals, reservations and remainders,and together with each and every right,pnvdlege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restnctions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned c unty and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities, if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor dCes hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR' WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By ur R.Cleaves, anaging Partne Address of Grantee: Virginia Parrish Cleaves 13055 Hunters Breeze San Antonio,Texas 78230 2 . J THE STATE OF ERAS § 9 COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated EN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2004 STAMP NAME AND EXPIRATION DATE OF COMMISSION BELOW NOTARY PUBLIC IN A THE STATE OF TEXAS ,04 8ELINE A S OONZALe MUtary Pc, bto of Tams !�!~ My Ci I3vn xpit3 ►+q+�'"\ Janoty 24,200E7 Afterrecordingple , e retgrn q: Jennifer M.Elakee �' ,'u ) Chamberlain,FIrdlicka,White,Williams&Martin f 200 Smith Street, Suite 1400 Houston,TX 77002 0475082 01 004092-000000 3 Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69, in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35,Pages 452-54,in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr. tract, a distance of 764 varas (2122.22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 57 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J.R.Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL ARTY 7/704yAhn 2004 JUL09 09:51 AM 20040458B6 ERN,S $ 00 Liar, Ann Daigle ,L�TY CLERK . ESTOt4 TEXAS 4 2O4O455874s SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership,(hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and Noll 00 Dollars($10 00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES,as Trustee of the VIRGINIA PARRISH CLEAVES 1993 NONEXEMPT TRUST (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 3 35384%of Grantor's undivided one-half(112)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any)made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or oilier governmental or quasi governmental authorities,if any, but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever,and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By fk ilbur R Cleaves,Managing Part r Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 ti r , r t, •:i THE STATE 0 EXAS § COUNTY OF § BEFORE ME, the undersigned authanty, on this day personally appeared WILBUR R CLEAVES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes . and consideration therein expressed,in the capacity therein stated 1VEN UNDER MY HAND AND SEAL OF OFFICE, this the tr. s day of STAMP NAME AND EXPIRATION ..,� ç; i k. c. PATE OF COMMISSION BELOW NOTARY PUBLIC IN NA - THE STATE OF TEXAS VOA BELINDA S,GorizAtEz if.Ero41 I Ca a n ps f JOINoty 24,2007 After recordings please return. U Jennifer M.Etske3 Chamberlain,Hrdiiaka,White,Williams&Martin 1200 Smith Street, Suite 1400 Houston,TX 77002 0475680 01 004002-000000 3 • ti Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35,Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991.67 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract, as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1866,and recorded In Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees, 25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey; THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land, more or less FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Nark/grin 2004 JULM 51 AM 2004045587 Mani Ann E�i .B 1 � CLERK VEST l um fib. TEXAb 4 • • • • ..r +w7c•y.rN•.n.o r 4 4 PEE SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and No/100 Dollars($10 00)cash and other good and valuable consideration in hand paid by CATHERINE CLEAVES MAHON(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 1.21100% of Grantor's undivided one-half (1/2) interest in and to the property described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals, reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this turns any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 4 0,..4 es w f any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state. and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property, to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP By oc , 64, 1 ur R Cleaves Mann ing Partner g a , Address of Grantee: Catherine Cleaves Mahon 1605 Rabb Road Austin,Texas 78704 2 THE STATE F TEXAS §§y COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated IVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2004 STAMP NAME AND EXPIRATION -Kdt DATE OP COMMISSION BELOW NOTARY PUBLIC IN AN THE STATE OF TEXAS JILINDA I GONZALOO ii(j" ..)) Notary'Putt,Stlta of TOX83 iafwot 2472007 41 After recordLncl,.please return to: PAM Jennifer M.Elskes Chamberlain, Hrdllcka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 71002 0475495 01 004092-000000 3 d I • • 7 • • { :1 Exhibit"A„ Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows' BEGINNING at the Northeast corner of a tract of 1OO acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 35, Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract, as said tract was set aside to Peter Darras,Jr.by Deed dated September 29, 1880,and recorded in Volume 35,Pages 454-56 In said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a . distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 67 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R.Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less FILEti DED OFFICIAL PUDLIC RECORDS 1W REAL PROPERTY ALUIrtgrl, 2€04 JUL 09 09:51 AM 2004045588 l RN, $1 Karr Ann 9e CLERK EVES ON, 4 RC 200/104589 4 RE SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited partnership, (hereinafter referred to as"Grantor''),for and in consideration of the sum of Ten and NoI100 Dollars($10 00)cash and other good and valuable consideration in hand paid by VIRGINIA PARRISH CLEAVES,as Trustee of the MELISSA CLEAVES BENSON 1993 EXEMPT TRUST(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto Grantee en undivided 3 78830%of Grantor's undivided one-half(112)interest in and to the property described on Exhibit"A"attached hereto and by this reference incorporated herein for all purposes,together with all improvements situated thereon("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties (if any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters,to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if 1 A any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities,if any, but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection andlor a current survey of the Subject Property TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by through and under Grantor,but not otherwise, Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR. WILBUR $ CLEAVES FAMILY LIMITED PARTNERSHIP B i /t'f, P1 y r bur R Cleaves,Managing Partner tadetli Address of Grantee: Virginia Parrish Cleaves,Trustee 13055 Hunters Breeze San Antonio,Texas 78230 2 • THE STATE OF XAS § COUNTY OF 0 BEFORE ME,the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed,in the capacity therein stated l EN UNDER MY HAND AND SEAL OF OFFICE, this the day of OP STAMP NAME AND EXPIRATION , DATE OF COMMISSION BELOW NOTARY - •"=—"r. IN AND FO'V 411. THE STATE OF TEXAS ti�U��A S r. Notei sta Afficr recordings..please return to: moo Jennifer M.Elakes Chamberlain,Hrdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 0475673 01 004092- 00 3 4 a Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows BEGINNING at the Northeast corner of a tract of 100 acres set aside to Peter Darras,Sr, by Deed dated September 29, 1880, and recorded in Volume 36,Pages 452-54, in the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey, THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr.tract,as said tract was set aside to Peter Darras,Jr by Deed dated September 29,1880,and recorded in Volume 35,Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr. tract, a distance of 764 varas (2122 22 feet) to a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees, 35 minutes East along the Southeast line of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North I degree,26 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916.67 feet)to the most Southerly corner of the said J R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J R Williams Survey to the PLACE OF BEGINNING,containing 97 60 acres of land,more or less FILED RECRED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Zatkeert 2004 JUL 09 09;5t. AM 20040455 K��g� sf STY CLERK Marl, Ann GAL�Sf�# TEXAS 4 r2oo4559o4s 2004045590 SPECIAL.WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER THAT WILBUR S CLEAVES FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, (hereinafter referred to as"Grantor"),for and in consideration of the sum of Ten and No/100 Dollars($10 00)cash and other good and valuable consideration in hand paid by MELISSA CLEAVES BENSON(hereinafter referred to as"Grantee"), the receipt and sufficiency of which is hereby expressly acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee an undivided 1 21100% of Grantor's undivided one--half (1/2) interest in and to the property described on Exhibit "A" attached hereto and by this reference incorporated herein for all purposes, together with all improvements situated thereon ("Subject Property") Grantor does hereby convey the Subject Property together with all rights,titles and interests of Grantor in and to any roads, easements, streets and rights-of-way within, adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards, minerals,reservations and remainders,and together with each and every right,privilege, hereditament and appurtenance in anywise incident or appertaining to the Subject Property The term"Subject Property"shall refer to and include the property described in this paragraph The conveyance made hereby and the warranties Of any) made hereunder are made by the Grantor and accepted by Grantee subject to the following matters, to the extent same are in effect at this time any and all leases, restrictions, covenants, conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if any,relating to the Subject Property,but only to the extent they are still in force and effect and shown of record in the above-mentioned county and state, and to all zoning laws, regulations and ordinances of municipal and/or other governmental or quasi-governmental authorities, if any,but only to the extent that they are still in effect,relating to the Subject Property and to all matters which would be revealed by an inspection and/or a current survey of the Subject Property. TO HAVE AND TO HOLD the Subject Property,to the extent conveyed hereby, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever: and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Subject Property,to the extent conveyed hereby,unto Grantee and Grantee's successors and assigns against every person whomsoever lawfully clalrning or to claim the same or any part thereof, by through and under Grantor,but not otherwise Current ad valorem taxes on the Subject Property are assumed by the Grantee GRANTOR WILBUR S. CLEAVES FAMILY LIMITED PARTNERSHIP By 4 0A4k ilbur R.Cleaves,Managing Partne Address of Grantee: Melissa Cleaves Benson 4400 Hanover Dallas,Texas 75225 2 •• • :• • • • THE STATE 0 EXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared WILBUR R CLEAVES,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated EN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2004 • 010 STAMP NAME AND EXPIRATION 5 DATE OF COMMISSION BELOW NOTARY PUBLIC IN AND 0 THE STATE OF TE XAS • DEUNDA 3 GONZALEZ Notary Pak,Stato of Tama MYCOMM81100 Ekpi/es : %fif;'" January 24,2007 After rec9rdinsb please return to: PAO • Jennifer M.Etskes Chamberlain, Hrdlicka,White,Williams&Martin 1200 Smith Street,Suite 1400 Houston,TX 77002 0475498 01 004092-000000 • 3 4 k , Exhibit"A" Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No 69,in Galveston County,Texas,and being more fully described by metes and bounds as follows NG at Nt c of a at of s Prras, , by BEGIN Deed datedIN Septembertheorheast 29, 1880orner, andtr recorded 199 1nacre Volumeset aside 35, Pagesto 452eterDa�-54,in Sr the office of the County Clerk of Galveston County, Texas, said point being on the Northeasterly line-of the Mary Fabreau Survey and the Southwesterly line of the J R Williams Survey; THENCE from said beginning point South 43 degrees,35 minutes West along and with the Southeasterly line of said Peter Darras,Sr tract,a distance of 1077 varas(2991 67 feet) said point being on the Northwesterly line of the Peter Darras,Jr tract,as said tract was set aside to Peter Darras,Jr.by Deed dated September 29,1800,and recorded in Volume 35, Pages 454-56 in said County Clerk's office, THENCE South 46 degrees,25 minutes East along the Northeasterly line of said Peter Darras, Jr tract, a distance of 764 varas (2122 22 feet)to .a point for corner of the Southeasterly line of said Mary Fabreau Survey, THENCE North 43 degrees,35 minutes East along the Southeast brie of said Survey a distance of 335 varas(930 56 feet)to the Easterly line of said Fabreau Survey,said point being also on the West line of the John Dickinson Survey, THENCE North 1 degree,25 minutes West along the Easterly line of said Fabreau Survey, same being the Westerly line of said Dickinson Survey,a distance of 1050 varas(2916 57 feet)to the most Southerly corner of the said,1,R Williams Survey, THENCE North 46 degrees,25 minutes West along the dividing line between said Fabreau Survey and J P Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of land,more or less FRED (00 If OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Pg741,411, 2004 JUL 09 09;51 Al 20O40L 5590 KERLS $15.o0 Nary Ann Dalele MUN CLERK GALVEST . TEX 4 GPI! 7 3^/a /04c" America■Title Co. 349 E Parkwood 281-9964839 Friemwood,TX 77546 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR -- DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED -� THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS. COUNTY OF GALVESTON § That THE ESTATE OF GEORGE A. BOFYSIL, JR., acting by and through Sherry B. Angelo and Georgia B Graugnard, as Co-Independent Executrixes ("Grantor"), for 1,3 and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Grantor by Yellowstone Hill Country Ranching, LLC, a Texas Limited Liability Company ("Grantee"), whose address is 770 S. Post Oak Ln, Ste. 600, Houston,Texas 77056,the receipt and sufficiency of which are hereby acknowledged,subject to the reservations, exceptions, restrictions and other terms and provisions hereinafter described, has GRANTED, SOLD AND CONVEYED and by these presents does hereby GRANT, SELL AND CONVEY unto the Grantee,all of that certain real property described as follows,to-wit. The SURFACE ONLY of two (2) tracts of land, one containing approximately 194 21 acres situated in the Geo Patterson Survey,Abstract No.645 and the Mary Fabreau Survey, Abstract No. 69 and the other containing approximately 26 92 acres situated in the I. & G. N R.R Survey No 5, Abstract No 622, located in Galveston County, Texas, which tracts are more particularly described by metes and bounds on Exhibit A attached hereto and incorporated herein for all purposes; together with any and all improvements thereon and any and all appurtenances and hereditaments pertaining thereto(the"Property"). This Deed is subject to the following terms and provisions A. Exceptions. This conveyance is made and accepted subject to, all and singular, but only to the extent that the same are currently valid and enforceable against the Property, all restrictions, reservations, encumbrances, easements, rights-of-way, outstanding royalty and mineral interests, covenants, conditions, and other matters relating to the Property more particularly set forth in Exhibit B,attached hereto and incorporated herein for all purposes and any ad valorem taxes and assessments applicable to the Property which are not yet due and payable and any additional taxes,penalties or interest assessed as a result of the transfer of the Property or any subsequent change in the use of the Property. All ad valorem taxes and assessments for the Property for the calendar year 2010 which are not yet due and payable have been prorated by the parties hereto as of the effective date of this Deed, and Grantee hereby expressly assumes liability for the payment thereof and for subsequent years and any additional taxes, penalties or interest hereafter assessed as a result of the transfer of the Property or any subsequent change in the use of the Property HOU 3059373 5 B. Mineral Reservation, There is excepted from this Special Warranty Deed and the warranty contained herein, and Grantor hereby reserves unto itself, its successors and assigns, all of Grantor's nghts and interests in and to all oil, gas and other minerals in, on and under or that may be produced from the Property. Grantor hereby waives and releases its rights to ingress and egress to and from said Property for the purpose of exploring for, storing, producing or otherwise developing said oil, gas and other minerals, Notwithstanding the foregoing to the contrary,Grantor reserves unto itself and its successors the nghts to develop and produce oil, gas and other minerals in,on,under or that may be produced from the Property by pooling or by directional dnlhng under the Property from well sites located on lands other than the Property. C. Access Easement Reservation, Grantor hereby reserves, free of any charge, a twenty foot(20')wide temporary non-exclusive access easement on, over and across the portion of the Property located west of that certain five foot (5') easement granted to Southwestern Bell filed for record under Galveston County Clerk's File No. 9847780 and recorded under Film Code No. 012-96-2002 of the Official Public Records of Real Property of Galveston County,Texas(the"Access Easement")for the sole purpose of providing emergency vehicular access to and from the land owned by Grantor located south and west of the southern boundary of the Property and east of F.M,528("Grantor's Adjacent Land")by Grantor's agents and representatives and subject to the limitation that the Access Easement shall automatically be released and become null and void in 5 years. The Access Easement may not be assigned to any other person or entity (other than the heirs of the Estate of George A Bofysil, Jr. in any distribution of Grantor's Adjacent Land from the estate), shall not be used for any operating or development activities conducted on Grantor's Adjacent Land and may be reconfigured or relocated from time to time to accommodate development of the Property and/or as may be required in order to maintain access to and from Grantor's Adjacent Land to a public street. Any relocation or reconfiguration of the Access Easement shall be subject to the approval of Grantor and Grantee, which approval shall not to be unreasonably withheld, conditioned or delayed, provided, however, that any such relocation or reconfiguration affords reasonably equivalent usable physical access for the purpose for which the Access Easement is granted. Upon agreement of Grantor and Grantee to any relocation or reconfiguration of the Access Easement from time to time, Grantor and Grantee agree to execute and record an amendment to the description of the Access Easement showing the new location and configuration of the Access Easement and granting the Access Easement over such new location and releasing any area which is no longer subject to the Access Easement. D, Deed Restriction. Grantor hereby establishes and imposes against the portions of the Property located northwest of the northern boundary of Lot 20 of the David Fahey Subdivision,recorded in Volume 18,Page 417 of the real property records of Galveston County, Texas (the "Restricted Property") the following restrictive covenant which shall hereafter run with the land and burden the Restricted Property and all portions thereof. The Restricted Property shall only be used for residential purposes, provided, however, in no event shall the Restricted Property be 2 HOU 3059373 5 used for commercial use, apartments or for mobile homes (the "Use Restriction"),and provided further,however,that the current use of all or any portion of the Restricted Property for agricultural purposes may be continued until the Restricted Property is developed and used for residential purposes, whereupon the Use Restriction shall be applicable with respect to the portions of the Restricted Property so developed and used from time to time It is acknowledged and agreed by Grantor that the construction of streets and utilities and the grading of the land for residential development prior to construction and occupancy of residential structures shall not constitute a violation of the Use Restriction. The Restricted Property may be rezoned from time to time for any use not prohibited by the Use Restriction. The Use Restriction shall be for the benefit of all other property owned by Grantor in the area("Grantor's Remaining Property"). The Use Restriction shall be enforceable by Grantor and its successors and assigns as future owners of fee simple or leasehold estate title to all or any portion of Grantor's Remaining Property,any or all of whom shall have the right to obtain such relief as may be available in law or in equity to enforce the Use Restriction and/or to recover damages for the breach thereof. E "AS IS"Conveyance. Grantee acknowledges and agrees as follows (i) Grantee has purchased the Property,and the Property is hereby conveyed and transferred to Grantee, "AS IS, WHERE IS, AND WITH ALL FAULTS" and specifically and expressly without any warranties, representations, or guarantees, either express or implied,of any kind,nature,or type whatsoever from or on behalf of the Grantor,excepting the warranties pertaining to the special warranty of title to the Property contained in this deed and except as specifically provided in the Unimproved Property Contract for the purchase of the Property. Grantee further acknowledges and agrees there are no oral agreements, warranties or representations collateral to or affecting the Property by Grantor or any agent of Grantor (the "Contract") Grantor is further not liable or bound in any manner by any statements,representations or information pertaining to the Property furnished orally by any real estate broker,agent,employee,servant or other person, (a) Grantee shall not be entitled to,and shall not,rely on the Grantor or its agents as to(1)the quality,nature,adequacy,or physical condition of the Property including,but not limited to, the structural elements, foundation, roof, appurtenances, access, landscaping, parking facilities,or the electrical,mechanical,HVAC,plumbing, sewage or utility systems, facilities or appliances at the Property,if any, (2) the quality,nature, adequacy, or physical condition of soils or the existence of ground water at the Property, (3)the existence,quality, nature, adequacy, or physical condition of any utilities serving the Property, (4) the development potential of the Property,its habitability,merchantability or fitness, suitability, or adequacy of the Property for any particular purpose,(5)the zoning or other legal status of the Property,(6)the Property's or its operations'compliance with any applicable codes,laws, regulations, statutes, ordinances, covenants, conditions, or restrictions of any governmental 3 HOU 3059373 5 or quasi-governmental entity,or of any other person or entity,or(7)the quality of any labor or matenals relating in any way to the Property; excepting the warranties pertaining to the special warranty of title to the Property and except as specifically provided in the Contract, (in) GRANTOR HAS NOT AND DOES NOT, WITH RESPECT TO THE PROPERTY MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, MERCHANTABILITY HABITABILITY OR FITNESS FOR A PARTICULAR USE, OR WITH RESPECT TO THE VALUE, PROFITABILITY, OR MARKETABILITY OF THE PROPERTY EXCEPTING THE WARRANTIES PERTAINING TO THE SPECIAL WARRANTY OF TITLE TO THE PROPERTY AND EXCEPT AS SPECIFICALLY PROVIDED IN THE CONTRACT, (iv) GRANTOR HAS NOT AND DOES NOT, WITH RESPECT TO THE PROPERTY MAKE ANY REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING TREATING, STORING OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE, EXCEPT AS SPECIFICALLY PROVIDED IN THE CONTRACT, (v) Grantee has had an adequate opportunity to make such legal, factual, and other inquires and investigations as it deems necessary,desirable,or appropnate with respect to the Property GRANTEE EXPRESSLY ACKNOWLEDGES THAT IT IS SPECIFICALLY RELYING UPON SUCH INSPECTIONS AND INVESTIGATIONS IN MAKING ITS DETERMINATION TO ACQUIRE THE PROPERTY Grantee further acknowledges that it is relying upon the conclusions and advice of its experts, consultants and professionals in evaluating the feasibility and desirability of the Property for Grantee's use, and that the availability of the rights to investigate and inspect the Property, and Grantee's corresponding reliance upon the results of such investigations and inspections,were a material factor in the determination to enter into the Contract Such inquires and investigations of Grantee shall be deemed to include,but shall not be limited to the physical components of all portions of the Property,the condition of the Property,and state such facts that an accurate survey and inspection would show,the present and future zoning ordinances, resolutions,and regulation of the city,county,and state where the Property is located,and the value and marketability of the Property, (vi) Without in any way limiting the generality of the preceding subparagraphs(1) through (v), Grantee specifically acknowledges and agrees that it hereby waives, releases, and discharges any claim it has, might have had, or may have against the Grantor with respect to Grantor's ability or inability to obtain or maintain building permits, either temporary or final certificates of occupancy,or other licenses for the use or operation of the Property and/or certificates of compliance for the Property,and the actual or potential income or profits to be derived from the Property, the real estate taxes or assessments now or hereafter payable thereon, 4 HOU 3059373 5 (vii) GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INVESTIGATIONS, AND GRANTEE WAIVES, RELINQUISHES AND RELEASES GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS)OF ANY AND EVERY KIND OR CHARACTER,KNOWN OR UNKNOWN, WHICH GRANTEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST GRANTOR, AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS,CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY,and (viii) GRANTEE ACKNOWLEDGES AND AGREES THAT THE WAIVERS,RELEASES AND OTHER PROVISIONS CONTAINED IN THIS DEED WERE A MATERIAL FACTOR IN GRANTOR'S ACCEPTANCE OF THE PURCHASE PRICE AND THAT GRANTOR IS UNWILLING TO SELL THE PROPERTY TO GRANTEE UNLESS GRANTOR IS RELEASED AS EXPRESSLY SET FORTH ABOVE. GRANTEE, WITH GRANTEE'S COUNSEL, HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS DEED, AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. F. CounterTarts. More than one counterpart of this Deed may be executed by the parties hereto,and each fully executed counterpart shall be deemed an original,the pages of which may be aggregated to form a single document. G. Binding Effect. This Deed shall inure to the benefit of and be binding upon Grantor,its successors and assigns, and Grantee and its successors and assigns, and to the successors in ownership to any interest in the Property and m any other property of Grantor (whether owned by Grantor in fee simple or in which Grantor owns an easement estate)affected hereby,it being agreed that all of the provisions of this Deed,shall run with the land TO HAVE AND TO HOLD the Property, subject to the terms, provisions, reservations,exceptions,and restnctions set forth herein,together with all and singular the nghts and appurtenances thereto in anywise belonging unto the Grantee, its successors and assigns forever; and the Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND, all and singular the Property, subject to the terms, provisions, reservations, exceptions, and restrictions set forth herein, unto the Grantee, its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof,by,through or under Grantor,but not otherwise. Whenever the context of this Special Warranty Deed requires, (a) the singular nouns and pronouns include the plural,(b)any gender includes the other genders and(c)the term 5 HOU 3059373 5 "successors and assigns" includes legal representatives, heirs, executors, administrators, successors and assigns. This Special Warranty Deed is executed by Sherry B. Angelo and Georgia B Graugnard, not individually,but solely in their capacity as the Co-Independent Executrixes, of the Estate of George A.Bofysil,Jr and neither shall have any personal liability hereunder [SIGNATURE PAGE FOLLOWS THIS PAGE] 6 HOU 3059373 5 EXECUTED on the date he ac o ledgment set forth below to be effective for all purposes as of the day of GRANTOR ESTATE OF GEOR A BOFYSIL,JR By Sherry B Ang , Independent Co-Executrix of the Estate of George A Bofysil,Jr By �. Geor Graugn , Independent Co-E cutrlx of the Estate of George A Bofysil,Jr STATE OF TEXAS § COUNTY OF FORT BEND § The foregoing instrument was acknowledged before me this g g g � — day of /17'7) ,2010,by Sherry B Angelo (Seal and Expiration Date) � ADEUNE�J, UMAKER# Notary Public ppieftii: Slate ct Texas , STATE OF TEXAS § COUNTY OF FORT BENDtt § The foregoing instrument was acknowledged before me this 3-9 _ day of �G V ,2010,by Georgia B Graugnard v (Seal and Expiration Date) }��.aa....a.+l�++M�. ,�,, giii1NE J S01JMAlER Notary Public , • Notary Pubic, gr Viet,` feral-13 7 �kdl I HOU 3059373 5 . GRANTEE. Yellowstone ill o ing,LLC, a Texas Limi ed Lia y By Name, Charles Gregory s Title Manager STATE OF TEXAS § § COUNTY OF GALVESTON § The foregoing instrument was acknowledged before me this ") day of 110-0.0.4/L-t-A- , 2010, by Charles Gregory Evans, Manager of Yellowstone Hill Country Ranching,LLC,a Texas Limited Liability Company,on behalf of such Company. (Seal and Expiration Date) lOcus..e. /././..._„ i� �� PAULiNE JOHNSON`' My Commission Expires Notary Public RETURN December 14,2012 RETURN TO American Title Company of Houston , 349 E.Parkwood Drive Fnendswood,TX 77546 Attention.Pauline Johnson Ref: GF#1873-10-1065 LIST OF EXHIBITS. Exhibit A-Property Description Exhibit B-Permitted Encumbrances 8 HOU 3059373 5 EXHIBIT A Property Description TRACT"A" A tract of land containing 8,459,890 square feet out of and being part of Lots 1-3,13-16 and 19-20 of the David Fahey Subdivisions, as recorded In Volume 118, Page 417 and also being out of and a part of Lot 4 of the Burgess Subdivision as recorded in Volume 119, Page 14, both subdivisions of the County Clerk of Galveston County, Texas and being situated in Geo Patterson Survey, Abstract Number 645 and the Mary Fabreau Survey,Abstract Number 69, Galveston County,Texas with said 8,459,890 square feet being more particularly described by Metes and Bounds as follows COMMENCING at a 5/8 Inch iron rod found at the North corner of Somerset Place Subdivision as recorded In Volume 18, Page 302 of the Galveston County Map Records, THENCE, S 46 deg 22 min 26 sec E, along the Easterly line of the aforementioned Somerset Place, a distance of 575 67 feet (called 574 00 feet) to an Iron cap found in said Easterly line at the Southerly corner of the remainder of Lot 4 of the Burgess Subdivision, deeded to George A Bofysil,Jr and recorded in film code number 004-10- 2007 of the official real property records of Galveston County and at the Northwest corner and Place of Beginning of the herein described tract, THENCE N 43 deg 38 min 47 sec E (called N 43 deg-37 min 34 sec E), along the Southeasterly line of said remainder of Lot 4 and the Northwesterly line of this tract, a distance of 1255 72 feet (called 1255 98 feet) to an iron rod with cap found in the Southwesterly line of Fnendswood Lakes Section One recorded In Volume 18, Page 1176 of the Galveston County Map Records at the most Northerly corner of this tract, THENCE S 46 deg-22min-44 sec E, (called S 46 deg -23 min-49 sec E), along the said Southwesterly line of Fnendswood Lakes, Section One and an Easterly line of this tract a distance of 717 47 feet (called 717 77)to a 5/8 Inch iron rod found at the called South corner of said Fnendswood Lakes, Section One, the most Northerly corner of a called 2 0477 acre tract of land described in deed to Fnendswood Lakes, Inc in film code number 014-67-1510 and at an angle point of the hereon described tract, THENCE S 62 deg-06 min 21 sec E (called S 62 deg -05 min-22 sec E), along the Southeasterly line of said called 2 0477 acre tract a distance of 836 42 feet (called 836 12 feet) to a 5/8 Inch iron rod found at the Southerly corner of said called 2 0477 acre tract, the Westerly corner of a called 32 4763 acre tract described in deed to Fnendswood Lakes, Inc In film code 014-67-1510 and an angle point of this tract, Exhibit A-Page 1 61177-- HOU 3059373 5 1,3 THENCE S 47 deg-16 min -50 sec E (called 47 deg-17 min-03 sec E), along the Southwesterly line of the called 32 4763 acre tract a distance of 820 58 feet (called 820 80 feet), to a 5/8 iron rod found at the Southerly corner of the called 32 4763 acre tract and an angle point of the hereon described tract, THENCE N 42 deg-41 min 10 sec E (called N 42 deg-42 min-57 sec E), along the Southeasterly line of the called 32 4763 acre tract, a distance of 253 77 feet (called 253 67 feet), in an iron rod with cap found in the Southwesterly line of Fnendswood Lakes, Section Two, as recorded in Volume 18 Page 136E of the Galveston County Map Records, at the Southeasterly corner of called 32 4763 acre tract and at an angle point of this tract, THENCE S 47deg -16 min-31 sec E (called S47 deg -18 min-18 sec) along the Southwesterly line of said Fnendswood Lakes, Section Two, a distance of 460 42 feet (called 459 83 feet) to a iron rod with cap found at a point of curvature to the left of Fnendswood Lakes,Section Two and the hereon described tract, THENCE in a Northeasterly direction along the arc of said curve to the left having a radius of 25 00 feet, a central angle of 89 deg-54 min-23 see (called 90 deg -00 min 54 sec)and an arc length of 39 23 feet(called 39 28 feet)to an iron rod with cap found at the Southwesterly corner of Sandy Lakes Boulevard,called 60 foot right-of-way at an interior corner of Fnendswood Lakes,Section Two and this tract THENCE S47 deg -17 min- 01 sec E (called S47 deg 18 min-18 sec E), along the Westerly line of Sandy Lakes Boulevard, a distance of 59 91 feet (called 60 00 feet) to an Iron rod with cap found at the Southerly corner of said Sandy Lakes Boulevard, at a point of curvature to the left and an Interior corner of the hereon described tract, THENCE In a Southeasterly direction around said curve to the left having a radius of 25 00 feet, a central angle of 90 deg-11 min-52 sec (called 90 deg-00 sec-54 sec) and an arc length of 39 36 feet (called 39 28 feet) to an iron rod with cap found at a point of tangency in the Southwesterly line of Fnendswood Lakes, Section Two and for an interior corner of this tract, THENCE S 47deg-16 min-50 sec E (called S47 deg -18 min-18 sec E), along the Southwesterly line of Fnendswood Lakes, Section Two a distance of 260 89 feet(called 260 75 feet)to an iron rod with cap found at the most Southerly corner of Fnendswood Lakes, Section Two, the Westerly corner of a called 9 801 acre subdivision which is under construction and to be known as the Dominion at Fnendswood Lakes and at an angle point for hereon described tract, THENCE S 47deg,-14 min-38 sec, E (called S 47 deg-15 min-55 sec, E), along the Westerly line of said proposed subdivision, distance of 673 35 feet (called 673,57 feet) to an iron rod with cap found in the Northerly line of a tract of land described in Deed to Exhibit A-Page 2 HOU 3059373 5 The Wilbur S, Cleaves Family Limited Partnership in film code number 011-61-0107, at the Southerly corner of the proposed subdivision and at the most Easterly corner of this tract, THENCE S 43 deg,-45 min-17 sec W(called 643 deg -45 min 11 sec W), along the Northerly line of said Wilbur S Cleaves Family Limited Partnership tract, a distance of 550 62 feet(called 551 13 feet)to a 5/8 inch iron rod found at the Westerly line of said Cleaves Family Limited Partnership and at an angle point of the hereon described tract, THENCE S46 deg-16 min,-21 sec E (called S46 deg -16 min-27 sec E), along the Westerly line of said Cleaves Family Limited Partnership tract and an Easterly line of this tract, a distance of 2123,10 feet to a 5/8 iron rod with cap set from which a nail inside of a 1 inch iron pipe found is 1 foot 11 inches Westerly and from which a 1" iron pipe found at the called East corner of Lot 21 of the David Fahey Subdivision bears N • 43 deg-42 min-42 sec E a distance of 929 11 feet (called 929,17 feet) and said 5/8 inch iron rod with cap set is in the Northerly line of called First Tract deeded to West Cattle Company in film code number 007-99-1074 and at the Southeasterly cornier of this tract, THENCE S43 deg-42 min-42 sec, W(called S43 deg-42 min,-50 sec W) along said Northerly line of the West Cattle Company tract, a distance of 1220 64 feet to a 5/8 inch iron rod set at an interior corner of the West Cattle Company tract and at an angle point of the hereon described tract, THENCE N 46 deg -17 min -30 sec, W (called N 46 deg -17 min-22 sec W) along an interior line of the West Cattle Company tract a distance of 194 41 feet to a 5/8 inch iron with cap set at the most Northwesterly corner of the said West Cattle Company tract, the most Easterly corner of a 26 92 acre tract to be known as"Tract B" surveyed at the time as this tract at angle point of this tract, THENCE N 46 deg-17 ruin-26 sec W (called N 46 deg -18 min,-02 sec, W), along the Northerly line of said "Tract B", a distance of 1389,91 feet to a 1/2 inch iron rod found at the Easterly corner of The Lake at San Joaquin Section One recorded in Volume 18, Page 1302 both of the Galveston County Map Records, the Northerly corner of"Tract B"and at an angle point of the for the hereon described tract, THENCE N 46 deg -22 min,-26 sec W, along the Easterly line of said San Joaquin Estates, Sections One, Two and Three the Easterly line of Mission Estates, Section Three as recorded in Volume 18, Page 91 of the Galveston County Map Records and said Somerset Place, a distance of 4379 47 feet (called 4370 05 feet) to the Place of Beginning and containing 194 21 acres Exhibit A-Page 3 HOU 3059373 5 TRACT"B" A tract of land containing 1,172,653 9 square feet out of and being part of a called first tract conveyed to George A Bofysil,Jr as recorded in film code number 004-10-2007 of the official real property records of Galveston County, Texas and being situated in the I & G N R R, Survey No 5, Abstract No 622, Galveston County, Texas with said 1,172,653 9 square feet being more particularly described in metes and bounds as follows COMMENCING at a 5/8 inch iron rod found at the called North corner of Somerset Place Subdivision as recorded in Volume 18, Page 302 of the Galveston County Map Records, THENCE S 46 deg -22 min-26 sec E, along the Easterly line of the aforementioned Somerset Place, at a distance of 575 67 feet(called 574 00 feet) pass an iron rod with cap found in said Easterly line at the Southerly corner of the remainder of Lot 4 of the Burgess Subdivision,deeded to George A Bofysil,Jr and recorded in film code number 004-10-2007 of the official real property records of Galveston county and at the Northwest corner of a 194 21 acre tract of land to be known as "Tract A", surveyed at the same time as this tract and along the Easterly lines of Mission Estates, Section 3 as recorded in Volume 18, Page 91, San Joaquin Estates, Sections 1,2 and 3 as recorded in Volume 18, Page 63 and the Northeasterly line of The Lake at San Joaquin, Section One as recorded in Volume 18, Page 1302 all of the Galveston County Map records, a total distance of 4955 14 feet (called 4953 05 feet) to a 1/2 inch iron rod found at the Northerly corner of Said The Lake at San Joaquin, Section One, an angle point for said "Tract A" and at the Northerly corner and Place of Beginning of the herein described tract, THENCE S 46 deg -17 min-26 see E (called S 46 deg -18 min-02 see E), along a Southerly line of said"Tract A"and the Northerly line of this tract,a distance of 1389 91 • feet to a 5/8 inch iron rod with cap set from which an iron pipe found laying down-is 1 foot Easterly, at the most Northwesterly corner of a called first tract conveyed to West Cattle Company in film code number 007-99-1074, an angle point for"Tract A" and at the most Northeasterly corner of this tract, THENCE SOO deg,-33 min-18 sec E (called S 00 deg-33 min -10 sec E), along the Westerly line of said West Cattle Company tract and the Easterly line of this tract, a distance of 740 89 feet to a 5/8 inch iron rod with cap set in said Westerly line, at the Northeasterly corner of a remainder tract deeded to George A Bofysil, Jr in film code number 004-10-2007 and at the Southeast corner of the hereon described tract, THENCE S 88 deg -06 ruin-28 sec W (called S88 deg-06 min-58 sec W), along the Northerly line of said remainder tract and the Southerly line of this tract, a distance of 927 38 feet(called 926 80 feet)to an iron rod with cap found in the Northerly line of the Exhibit A-Page 4 HOU 3059373 5 remainder tract, the Southerly corner of The Lake at San Joaquin, Section Two as recorded in Plat Record 2009A, Map Number 3 of the Galveston County Map Records at the Southwesterly corner of this tract, THENCE N 02 deg-48 min-36 sec W(called N 02 deg-50 min -01 sec W), along the Easterly line of said The Lake at San Joaquin, Sections One and Two, a distance of 1734 00 feet(called 1733 69 feet)to the place of beginning and containing 26 92 acres Exhibit A-Page 5 HOU 3059373 5 EXHIBIT B Permitted Encumbrances As to Tract A 1 Community Public Service Company easement(s) as set forth and defined by instrument(s) recorded in Volume 1715, Page 69 of the Office of the County Clerk Records of Galveston County,Texas as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 2 Exxon Pipeline Company easement(s)as set forth and defined by instrument(s)filed for record under Galveston County Clerk's File No(s) 9913 849 as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 3 Exxon Pipeline Company easement(s)as set forth and defined by instrument(s) filed for record under Galveston County Clerk's File No(s) 2000064553 as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 4 City of Fnendswood water easement(s)as set forth and defined by instrument(s)filed for record under Galveston County Clerk's File No(s) 9523682 5 City of Fnendswood sanitary sewer easement(s)as set forth and defined by instruments) filed for record under Galveston County Clerk's File No(s) 9316397 as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 6 Southwestern Bell Telephone Company easement(s) as set forth and defined by instrument(s) recorded in Volume 2539, Page 556 and Volume 2645, Page 28 and Clerk's File No 9844780 of the Clerk's Records of Galveston County,Texas as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 7 All those certain buffers,utility,drainage,water llne(s),etc,easements as shown by the recorded plats of subdivisions, by instrument(s) recorded in Volume 18, Page 1176 (Fnendswood Lakes) and Volume 18,Page 1366(Friendswood Lakes Section 2) of the Clerk's Records of Galveston County, Texas as shown on survey dated July 30, 2010 prepared by Scott R Sheridan,RPLS No 6171 8 A 1/2 royalty interest of all oil,gas and other minerals,royalties,bonuses,rentals and all other rights in connection with same set forth in instrument filed for record under Volume 653,Page 248,of the Clerk's Records of Galveston County,Texas 9 Terms,conditions and stipulations contained in that certain Affidavit of Non-Production, as set forth by instrument filed under Galveston County Clerk's File No 9510390 Exhibit B-Page 1 �3059373 5 10 The Texas Pipe Line Company easement(s) as set forth and defined by instrument(s) recorded in Volume 603, Page 135 and Volume 599, Page 388 and Clerk's File No 8450653 and 9904738 of the Clerk's Records of Galveston County, Texas as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 11 Any portion of the subject property lying within the boundanes of a public or private roadway, where dedicated or not including but not limited to any portion desenbed 1n Volume 92, Page 610 and Volume 118, Page 417 in the records in the Office of Galveston County,Texas and a Genesis Pipeline located therein as marked as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 12 Reservation of all oil, gas and other minerals, royalties, bonuses, rentals and all other rights in connection with same as set forth in instrument filed for record under Volume 643,Page 367,Volume 965,Page 159 and Volume 997,Page 541,of the Clerk's Records of Galveston County,Texas Waivers of Surface Rights filed in the Clerk's Records of Galveston County, Texas under instrument numbers 2010048662, 2010048663, 2010048660,2010053392,2010053389,2010053395,2010048659,and 2010048661 As to Tract B 1 Southwestern Bell Telephone Company easement(s) as set forth and defined by instrument(s) filed for record under Galveston County Clerk's File No(s) 9847780 as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 2 Reservation of all oil, gas and other minerals, royalties, bonuses, rentals and all other rights in connection with same as set forth in instrument filed for record under Volume 739,Page 450,of the Clerk's Records of Galveston County,Texas Waivers of Surface Rights filed in the Clerk's Records of Galveston County,Texas under instrument numbers 201053390,201053388,201053393,2010053394 and 201053391 3 Any portion of the subject property lying within the boundaries of a public or private roadway,where dedicated or not As to Tracts A and B 1 Subject to the zoning ordinances now in force in the city of any governing municipality 2 Standard Grazing Lease dated as of May 19,2010 by and between the Estate of George A Bofysil, Jr, as Lessor and Blue Water Cattle Company, as Lessee, as partially assigned, partitioned and amended pursuant to Partial Assignment, Assumption and Partition of Lease between the Estate of George A Bofysil, Jr, as Assignor, and Yellowstone Hill Country Ranching,LLC,as Assignee as of the date of this deed Exhibit B-Page 2 HOU 3059373 5 } 3 Subject to the following item(s) as shown on survey dated July 30, 2010 prepared by Scott R Shendan,RPLS No 6171 a Rights or claims,if any of fence(s)traversing the utility easement(s) b Genesis pipeline markers across Tract 1 that lees within the roadway c Overhead electric,towers and guy anchors affecting Tract 1 Exhibit B-Page 3 Ho[J 3059373 5 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Ahir4 ca, . fy 2010059686 December 01, 2010 01 41 12 PM FEE $76 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I ""°°° ,,,,.':`,--if wP P G�V�.[� `` \\` / DETAIL�8" P4ROP�FATr�uN`EW71a7Ai T�i¢$Fv+l',OEs AR�v�AaE s1oM,1 al n¢SmE�THE C'� �\ P 911-03 AUFS e.ALL SET pCOS NAY£PIA+nG G,PS STAYPm•WI OH AMSFY CROUP.. ,T.-n Psr T�Acr) N 48.07'29'W 2,122.9, Ra e,,,,w 1-cArT1E Dcr, „� lam era c>_eNKa r9E!ro.R1z;7e1 IeMt CCCO, lO:TA'+111R YCNF.IEJH a TEAS.d+C,AND R95T FYFPIGtI , nTIF cUAP ANTI COdPN+T: BB/J2/1B BA><SUR,£Tm CLH. iW5 R TO CEliniT R1AT TF.IS 4AP CA PU7 AND THE e31gYF1 ' a,n9d+Ir Ls,1+Graf u.DE IN ACCAPAANDE wTH HE THE WILSON SURVEY GROUP ia-,,,,,. 19+2T AT, °- 2010 Y.L'JLL',,Z,T7 DCTNL RENiq:41"TS FITP.AITA`P$ PLAT (eAIJIA TPAOT A) Ip�j+'e F•-�f uHD nTLE 7JRYEt;JwhtLT ESTAausrm AeeB AervT�D'sr PROFESSIONAL LAND SURVEYORS DBgrlila --,,,TT.f IbLRIRHT''')---Ut ti`yt ��t+y ALTA ANB Il'TS ulD u+cwB�nTa.s 1,z a.,T{A),4 17 W G 2DD6 E BHOADWAY PFFJLFLAND,1E%AS B+M dEn'S Ell[N0.7-59eee �f p' ANO lA Pe T it A THEPEIS,1HE''''''a!''BYPL'ED CLH. , GccB a (2t31)185-]99T T.B.P.LS.FlRIU ND.1CDI4900 rm MICNAFL D,111L5pN a!c or t_lar4 LLBw. DAr[3 RAT Oq U+P:O L•10'Jf l r e, -.....w (.9 4ll21 r.' -,,yti:.:..io~�o" rws Rtu;NAnaI No.+ez TAYLOR MORRISON OF TEXAS,INC'A" Wd,LL a WTS.RP.LE ALTA/NSPS LAND TITLE SURVEY OF A y EET�/e 96.944 ACRE TRACT IN THE MARY FABREAU SURVEY,ABSTRACT NO.69,GALVESTON COUNTY,TEXAS GPTPIGHT.14 THE NILSCAI 9JR,ET CM,.VO . Taylor Morrison of Texas, Inc. Mary Fabreau Survey 96.944 Acres Abstract No. 69 STATE OF TEXAS COUNTY OF GALVESTON METES AND BOUNDS DESCRIPTION of a 96.944-acre tract in the Mary Fabreau Survey, Abstract No. 69 in Galveston County, Texas. Said 96.944-acre tract is all of a 97.00-acre tract of land described in a deed to Cypress Creek Holdings, Ltd. as recorded in Clerk's. File No. 2011019071 in the Galveston County Clerk's Office and is more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the northwest corner of said 97.00-acre tract, said point is in the southwest line of the Falcon Ridge, Section Three Subdivision as recorded in Volume 18, Page 282 in the Galveston County Plat Records, same being the common survey line between said Mary Fabreau Survey, Abstract No. 69 and the Sarah Mickissick Survey, Abstract No. 151; THENCE, South 48°14'41" East, along the north line of said 97.00-acre tract, same being said common survey line and is the south line of said Falcon Ridge, Section Three, for a distance of 60.26 feet to a 5/8-inch iron rod found for the most northerly northeast corner of the herein described tract, said point is the west corner of Reserve "B" in the West Ranch West Lake, Section Three Subdivision as recorded in Clerk's File No. 2013072445 in the Galveston County , Clerk's Office and is an easterly corner of said Mary Fabreau Survey, same being a westerly corner of the John Dickinson Survey, Abstract No. 9, from which a found 1-1/2-inch iron pipe (disturbed) bears South 34°01'00"West, 0.56 feet; THENCE, South 03°06'02" East, along east line of said 97.00-acre tract, same being the westerly line of said West Ranch West Lake, Section Three, the westerly line of West Ranch Lakeside, Section Two as recorded in Clerk's File No. 2014032373 in the Galveston County Clerk's Office, the westerly line of Sierra at West Ranch, Section One as recorded in Clerk's File No. 2014009933 in the Galveston County Clerk's Office and is an easterly line of said Mary Fabreau Survey, for a distance of 2,916.74 feet to a 5/8-inch iron rod set for the most easterly northeast corner of the herein described tract, said point is the most northerly corner of a 941.89-acre tract of land called "First Tract" as described in a deed to Wesley West Cattle Company as recorded in Clerk's File No. 9222784 in the Galveston County Clerk's Office and is the north corner of the I. & G.N. R.R. Survey No. 4, Abstract No. 608; THENCE, South 41°52'31" West, along the southeasterly line of said 97.00-acre tract, same being the southeasterly line of said Mary Fabreau Survey, same being the west line of said I. & G.N. R.R. Survey No. 4 and is a west line of said "First Tract", for a distance of 928.48 feet to a 5/8-inch iron rod found for the southeast corner of the herein described tract, said point is the northeast corner of a 194.21-acre tract of land called "Tract A" as described in a deed to Yellowstone Hill Country Ranching, LLC as recorded in Clerk's File No. 2010059686 in the Galveston County Clerk's Office; THENCE, North 48°07'29" West, along the south line of said 97.00-acre tract, same being the north line of said 194.21-acre tract, for a distance of 2,122.93 feet to a 5/8-inch iron rod found for the southwest corner of the herein described tract, said point is an interior corner of said 194.21-acre tract; THENCE, North 41°53'46" East, along the west line of said 97.00-acre tract, same being an interior line of said 194.21-acre tract, at a distance of 551.04 feet pass a 1/2-inch iron rod found for the southeast corner of the Dominion at Friendswood Lakes Subdivision as recorded in Clerk's File No. 2011033977 in the Galveston County Clerk's Office, at a distance of 1,137.15 feet pass a 5/8-inch iron rod found for the northeast corner of said Dominion at Friendswood Lakes subdivision, same being the southeast corner of Eagle Lakes, Section 6 Subdivision as recorded in Volume 18, Page 770 in the Galveston County Plat Records, at a distance of 2,226.96 feet pass a 5/8-inch iron rod found for the northeast corner of said Eagle Lakes, Section 6, same being the southeast corner of Eagle Lakes, Section 5 Subdivision as recorded in Volume 18, Page 554 in the Galveston County Plat Records and continue for a total distance of 2,991.68 feet to the POINT OF BEGINNING, containing a computed area of 96.944-acres (4,222,900 square feet). Note: 1. Bearings shown hereon are based on the Texas Coordinate System of 1983, South Central Zone. 2. A separate survey plat has been prepared in connection with this metes and bounds description. 3. All set rods were set with cap stamped "Wilson Survey Group" 4. At the time of this survey, the subject tract has no public right-of-way access. as defined on the Final Plat of Falcon Ridge Section Three, recorded in volume 18, page 282 Galveston County Plat Records and the Final Plat of Friendswood Lakes Boulevard recorded in Clerk's File No. 2017033870 in the Galveston County Map Records, the portions of the one foot wide buffer reserves adjacent to the subject tract shall become vested in the public for right-of-way purposes with the platting of the'subject tract. The Wilson Survey Group, Inc. :eAAPA-P - 2006 East Broadway, Suite 103 Pearland, Texas 77581 Michael D. Wilson, R.P.L.S. (281)485-3991 • Registration No. 4821 Job No. 18-148 TBPLS Firm No. 10014900 00/ 051 le' " Air 44, w;,i'Vp10:,?rigy 1,tNi.;" fe 11 -__vAtz7,15-AA t t Gtv14% - D VV1, °1\I 9.4,Ka 4821 94 e a ' e '''`IIPIESS%80 44.4,P e„!:" '1"`" I 0 100 200 ``c.) \\il 1 o ��c , 16'UTILITY EASEMENT Q` \ CLERKS FILE N0. 2014009933 Ni1.S.. <<" ,* PS- (Y i ei" c)Z g \ \ 14' C.0 O. . �'�, °� SCALE: 1"=200' 7 97.00 ACRES 4C ,% '� \ ,o ,�, oi, CYPRESS CREEK HOLDINGS, LTD. Z \\ '4)) \\ \ v°og„0.c'�6 1 CLERK'S FILE NO. 2011019071 \ . 4\0 Oj \ o.�` '�j �vG �CL� �c d • />0.8: PRO? SNOOD �, w \Q \r�� �¢4'- G��,�p'�GC�' 60 COMMUNITY COMPANY EASEMENT \ — FR��1pK�PRD �.�_ �' + p�\O �\ p. CO' VOL. 1G C9D.RG.930 / \ BO�yI.EV L 'S'e ' ' CMG• - - \ � \gyp. — '— ,ok� �(Q;C. 20'SOUTH TEXAS NGL PIPELINES, LLC ——-— S\ON Q — \ S — W PIPEUNE EASEMENT WITH ADJACENT — .�'�N QvLE- \ G PERMANENT 15'MAINTENANCE AND —— SEO �S •( A. CONSTRUCTION EASEMENTS —— QPQ LP`K ��Np` %)_ G - CLERK'S FILE NO. 2007067030 -- PR SVy0p0 ��Q� li in G.C.C.O. — \ECAO , FZ1G� 60' COMMUNITY �Ps, to Q = 04'28'33" —-- —F --AO° PUBLIC SERVICE �` COMPANY EASEMENT Qw Pa@` Z R = 2,125.00' —_—-— —-- VOL.1749, PG.930 = 166.00' —— ——�——— 16'TEXAS—NEW MEXICO G.C.D.R. L _ .,- — — POWER COMPANY EASEMENT Q CI i S 51'35'52" E ---—`� ---— CLERK'S FILE NO. 2005010196 (xi . - —- v —-�—- G.C.C.O. Z co • 'C1" CO 165.96' ��-• - �--_ S 49'21'36" E-632.07' - - Q = 87'20'39" > , z z R 25 �¢G L 152.44 ajU 6 Q-.QQ` " CH = S 10'09'50's E, > < N 20'CITY OF FRIENDSWOOD �` 38.11' C� d' UTIUTY EASEMENT —L 1 = F-- 1--4--CLERK'S FILE NO.9310668 Q, (I) Q G.C.C.O. Q- Q. 941.89 ACRES cv LAJ CLERK'S FILE NO. 9518955 CD A = 08'22'22" CALLED "FIRST TRACT" G.C.C.O. SALE TRACT = 0' •WESLEY WEST CATTLE COMPANY •- Q 2'S00.0 9.170 ACRES L = 365.33 CLERK'S FILE NO. 9222784 N (399,438 SQ. FT.) CH = S 38'12'08" W, G.C.C.O. \\----2-- IP POINT OF d BEGINNING 365.01' SOUTHERLY WESTERLY CORNER CORNER Z OF 97.00 ACRES<---- OF 97.00 ACRES N 48'07129"W 1,192.92' _..... ..j N 48'07'29" W 930.00' 194.21 ACRES I DWN:C.L.H. CAD FILE:18-148(EXHIBIT-9 AC).dwg SCALE: 1"=200' JOB# 18-148 (CALLED TRACT A) NOTES: YELLOWSTONE HILL 1.A SEPARATE METES AND BOUNDS DESCRIPTION HAS BEEN PREPARED IN CONNECTION WITH THIS EXHIBIT MAP. THE WILSON SURVEY GROUPDATNAL PLOT COUNTRY RANCHING, LLC G PROFESSIONAL LAND SURVEYORS m718/19 CLERK'S FILE NO. 2010059686 2.THIS TRACT WAS CALCULATED USING INFORMATION SCALED FROM A SCHEMATIC DEVELOPMENT PLAN FOR"AVALON AT FRIENDSWOOD PROVIDED BY TAYLOR MORRISON. 2006 E. BROADWAY PEARLAND, TEXAS G.C.C.O. T.B.P.L.S. FIRM NO.10014900 3.THIS TRACT HAS NOT BEEN SURVEYED ON THE GROUND AND THE PROPERTY CORNERS HAVE NOT BEEN SET. TAYLOR MORRISON OF TEXAS, INC. � 1 , COPYRIGHT 2019,THE WILSON SURVEY GROUP,INC A AN-J6 EY615 ei ' Taylor Morrison of Texas, inc. Mary Fabreau Survey 9.170 Acres Abstract No. 69 Sale Tract STATE OF TEXAS § COUNTY OF GALVESTON § METES AND BOUNDS DESCRIPTION of a 9.170-acre tract in the Mary Fabreau Survey, Abstract No, 69 in Galveston County, Texas. Said 9.170-acre tract is in a 97.00-acre tract of land described in a deed to Cypress Creek Holdings, Ltd. as recorded in Clerk's File No. 2011019071 in the Galveston County Clerk's Office and is more particularly described by metes and bounds as follows: BEGINNING at the westerly corner of said 97.00-acre tract, said point is an interior corner of a 194.21-acre tract of land (called Tract "A") described in a deed to Yellowstone Hill Country Ranching, LLCC as recorded in Clerk's File No. 2010059686 in the Galveston County Clerk's Office; THENCE,. North 41°53'46" East, along the northwesterly line of said 97.00-acre tract, same being an interior line of said 194.21-acre tract for a distance of 425.53 feet to the northerly corner of the herein described tract; THENCE, South 49°21'36" East, 25-feet south of and parallel to the proposed southwesterly line of Friendswood Lakes Boulevard (based on a width of 100-feet) and along the northeasterly line of the herein described tract for a distance of 632.07 feet to the point of curvature of a curve to the left;' THENCE, continuing 25-feet south of and parallel to the proposed southwesterly line of Friendswood Lakes Boulevard, same being the northeasterly line of the herein described tract, and with said curve to the left, having a radius of 2,125.00 feet, a central angle of 04°28'33", (chord bears South 51°35'52" East, 165.96 feet), for an arc distance of 166,00 feet to a point of reverse curvature; THENCE, continuing along the northeasterly line of the herein described tract, and with said curve, having a radius of 100.00 feet, a central angle of 87°20'39", (chord bears South 10°09'50" East, 138.11 feet), for an arc distance of 152.44 feet to the point of curvature of a curve to the right; THENCE, along the southeasterly line of the herein described tract and with said curve to the right having a radius of 2,500.00 feet, a central angle of 08°22'22", (chord bears South 38°12'08" West, 365.01 feet), for an arc distance of 365.33 feet to a point in the southwesterly line of the aforementioned 97.00-acre tract, same being the northeasterly line of the aforementioned 194.21-acre tract; 4. THENCE, North 48°07'29" West, along the southwesterly line of said 97.00-acre tract, same being the northeasterly line of said 194.21-acre tract, for a distance of 930.00 feet to the POINT OF BEGINNING, containing a computed area of 9.170-acres (399,438 square feet). } if Z d1 IV-AZ[flS-OZId I LUZ 0 •,O,'•�/jS. AZ INVA ICIS 1VNOISS3dOTId C X II-966-ISZ'3NOHd `<-/ 6! 311I4'99£I XOQ'O'd •9� fly 9896S00 L OZ#"d"0 •Ovid "0'-1"1 ONIHONV I tL0 I.-66-L00#'0'd J.2l1Nn0O 11IH 3NOlSM01-13J, 61.0Z/0111.0 ova S3210V ZO'9Sti 031-IVO ..4 „8„ 10V2± 3 i0V Z6'9Z 6. 909-V A3AW1S a21 NO 28 Icy OA ' / lid IV NO1VAV 00 3111V0 1 A S3M J,31S3M w s' / 1, S �1i4 •l1 ad '03HJV11V SV /',1\1* "9ji IN a 0381NJS30 N3H1Nnd \x`D' 4 DV ObZZ'8Z OIVS'SON0J3N o,�'L •- 3A1V9 3H1 d0 989650010Z i S.N1:1313 NI Jll 9NIHJNVN 7.' O1SMO113A 01 03A3ANOD / SV 0381NJS30 1DVNI JVNl 3NJV dO NOIlNOd V 9N138'SS31 J(133d 3):VnOS 8Eb'6ZZ't) / 2 VIV1NO3 ONVI d0 1JVN1 V NOLLdnI0s a'marl Ni Z. 9896SOOLOZ#'d'O ld A • •l'O'd \ sa-MV 0-17ZZ'8Z n,o • 311S \ rri; ),* 9896S00 LOZ#'d'O 41_ O"1'"1 ONIHONVI �'•�'o fc' - • 12�1Nn00 131H 3NOlSM0�13, •..o,,,.�i.\ z i<< „V„ lOVII 310V LZ"�6l 3nal! / ••••,•° ��•,:,, , ZZ2Z908I.OZ#'d'0 • N A.LINI01A) S380V 00'L6 0311V0 i -W,( 69-V J.3Ans nb'32i8Vd W kNOd V SV -1183>We-18 S3A`d310 30NVISN00 \ VH0da0ON00N1 SI MANS SIHl ' • 1 PRO -SURV SURVEYING AND MAPPING EMAIL:orders@prosurv.net T.B.P.L.S.FIRM#I 0 119300 P.O.BOX 1366 FRIENDSWOOD,TEXAS 77549 PHONE:281-996-1113 CONTACT:TIM LESAK,RPLS 0 2015 PRO-SURV,ALL RIGHTS RESERVED METES AND BOUNDS DESCRIPTION 28.2240 ACRE(1,229,438 SQ. FT.)TRACT OUT OF LOT 4, BURGESS SUBDIVISION MARY FABREAU SURVEY,ABSTRACT 69 HARRIS COUNTY,TEXAS A TRACT OF LAND CONTAINING 28.2240 ACRES(1,229,438 SQUARE FEET)OF LAND, MORE OR LESS, BEING A PORTION OF A CALLED 194.21 ACRE TRACT DESCRIBED AS TRACT "A" AS CONVEYED TO YELLOWSTONE HILL COUNTRY RANCHING LLC IN CLERK'S FILE NUMBER 2010059686 OF THE GALVESTON COUNTY DEED RECORDS, SAID 194.21 ACRES BEING OUT OF AND A PART OF LOTS 1-3, 13-16 AND 1 9-20 OF THE DAVID FAHEY SUBDIVISION AS RECORDED IN VOLUME 118, PAGE 417 AND ALSO BEING OUT OF AND A PART OF LOT 4 OF THE BURGESS SUBDIVISION AS RECORDED IN VOLUME 119, PAGE 14, BOTH SUBDIVISIONS BEING SITUATED IN THE GEO PATTERSON SURVEY, ABSTRACT NUMBER 645 AND THE MARY FABREAU SURVEY, ABSTRACT NUMBER 69, GALVESTON COUNTY, TEXAS SAID 28.2240 ACRE TRACT BEING FULLY OUT OF AND PART OF SAID LOT 4 OF THE BURGESS SUBDIVISION AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 194.21 ACRE TRACT, BEING IN THE NORTHERLY LINE OF A TRACT AS CONVEYED TO WEST CATTLE COMPANY IN FILM CODE NUMBER 007-99-1074 AND BEING THE SOUTH CORNER OF A TRACT AS CONVEYED TO CONSTANCE CLEAVES BRAKEBILL IN CLERK'S FILE NUMBER 2018062322; THENCE SOUTH 43°42'42"WEST, ALONG SAID NORTH LINE OF SAID WEST CATTLE COMPANY TRACT AND SOUTH LINE OF SAID 194.21 ACRE TRACT, A DISTANCE OF 1,220.64 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 46°17'30" WEST, ALONG THE COMMON BOUNDARY LINE OF SAID WEST CATTLE COMPANY TRACT AND 194.21 ACRE TRACT, A DISTANCE OF 194.41 FEET TO THE MOST NORTHWESTERLY CORNER OF SAID WEST CATTLE COMPANY TRACT AND BEING THE EAST CORNER OF A CALLED 26.92 ACRE TRACT DESCRIBED AS TRACT"B"IN SAID DEED TO YELLOWSTONE HILL COUNTRY RANCHING LLC; THENCE NORTH 46°17'25" WEST, ALONG THE EASTERN. LINE OF SAID 26.92 ACRE TRACT, A DISTANCE OF 540.94 FEET TO A POINT FOR CORNER OF THE HEREIN DESCRIBED TRACT, SAID POINT LYING WITHIN A LAKE/DETENTION RESERVE; THENCE NORTH 14°10'00" EAST, CROSSING SAID 194.21 ACRE TRACT WITHIN SAID 38.99 ACRE LAKE/DETENTION RESERVE, A DISTANCE OF 741.25 FEET TO AN ANGLE POINT OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 42°33'3 I" EAST, A DISTANCE OF 576.23 FEET TO A POINT IN THE NORTHEAST PROPERTY LINE OF SAID 194.21 ACRE TRACT, ALSO BEING THE SOUTHWEST PROPERTY LINE OF SAID BRAKEBILL TRACT; THENCE SOUTH 46°16'2 I" EAST, ALONG SAID COMMON LINE, A DISTANCE OF I,112.46 FEET, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 28.2240 ACRES (1,229,438 SQUARE FEET), MORE OR LESS,WITH APPROXIMATELY 15.2360 ACRES BEING SUBMERGED WITHIN SAID LAKE/DETENTION RESERVE. AREA IN LAKE IS APPROXIMATED AND DERIVED FROM AN ON THE GROUND SURVEY PERFORMED FEB. 2,2015. DIMENSIONS LISTED HEREON ARE DERIVED FROM A PROPERTY EXHIBIT PROVIDED BY DEVELOPER. SEE PROJECT # PSI 901 108 FOR DRAWING OF ABOVE DESCRIBED TRACT AS PREPARED BY PRO-SURV, LLC, P.O. BOX 1366, FRIENDSWOOD,TEXAS, 77546, PHONE(281)996-III 3, SHEET2OF2 ry'r ns1 TL l .T. Y yn. gasMtt,"'. .u:w•- it �` T 9 HIGH'RIDGE DR - �w y 1I 1614 • , ,., O too`r . S o r/,0. #p, 3 Q ✓4. . -r< aortot'rx' 4 . aAv isk*r>',%c, SPke -COR .' 'e �, 2.rt 4 ,4 #4.°' `-"�. FP7t. •'y` : 0„.. 't r CR , etc ' ' i.- - eg' .eR(/�• F c`- or+raj: w T.O t* a 6 « v R%-r Oy 3'4� / --.�C‘ Aral ` - ; < a; . - • 4 4`; e?`r e<'r%G r - r' 02 . 1y IFriiends+ ood Lakes Subdivision . . .'>.,r/04/ . .. _' f'•v , 0 :Q°e2 2xJ �:'FNo r ,�SSy a s x• • tie,o0 p`S�5C. qFe F W -Ga 4 / ;it * :,44 \ �g q ,.•!'�S , �= O RQR r r10 , h' a� It A--0 1• [t k� S+ .•c.. • clopt r. . �� e s k . ARr. ' .l ',• 5,ra ?? i`6Cce,',70'a'ie : ''.'tr r' _— .. , 'it Ar 0.i yin s, . Subject Tract • 4. paRp TOry. �' -, • W ,S�O< x p , �'it, .- ' ' .axe 115 998 acres along . rl,N 4zy. I:, y O4•11+0 3 T'• a 49,yyt w leSI .,.; w° BEND'future Fnendswood sp°o ca Ai l j,•L� •'P qy a....' ,'�pyv., :{,s 3.y•;1 �`L..y;,'.' - r R/Nc!'9r(i4; .3•SC f 1 A r z o k ,; � 1e sTiL Lakes Blvd between �o s! `e•yr ,c a .:1 3� ,N . ` : .% $ NO West Ranch and ** Weil* « . G .?firs a ' , o f.Fnendswood Lakes ,erg) ;.- w p a•n Subdivisions �> me y r .v '.ht e s ie- 1. N Q ZIP�) •f •>Z #30., i .�r / . _ � r y��x P;t • g n ,�,. f• �`4 y, ninths 1AE � + � ,:. . • •- �N. ( a." c7 + !..BAILEY' Y or•N? 1� '4w s,� e ! ,t t x.' BEND thy, y `Lr< a aw/ - -. x r ` 19 y, 1-it� $ -..' y c tea•. +: I it uti a; n m ,q+es! Ranch ::e a Approximate loca'•on of J-,''�k{t. r - 4'3,? ° 4r: C r ,c.�,� Si. 03. sip . u, '1JLure Fnendswood Lakes n `7£. to ` S3741 tiQ,•Y \ r. $TIME',,,�'Z`�N A �- r li r +rbnr :1.44' C'o4F �SS\.O 3 lTC RSyfik < . . r.� • r Blvd , -., ,- rr%: of - NOiA26,'2) 4----.. Ht p� eZtei S Y w•\• v�Ta tf 4.5 t 'ti • 'f .•t` `?'4V/„i.' rjf0 .• ".4ZR%R-irk?- tn i• 'r • rO r I r4 � �r: SAN f E O,KE - y � 2i 00 D 0- 441AprSrOt •\ �c�o 5% _.. J VYrN DR(?V't1 : ..-i • II CI-•- OW't'4 .. \0.'it( AO dx1Tsl1 . . +fi, . �1 i y• i' 7 glti. A r. •pa. - Y ti res '' < _ A A ' 4r ' i:s lA • LwA LESIE(S) rr. r 't �Oe.� A(f? 17J_ dI' { f . ..: .'T � s o , ; •+ r Legend al ' 4i.$ .ei } 7; • (,. \Z . •+ — Streets V V 8a' r'-i t ^,�y3r`' 4 —Lot lines x ;v . C D- ;.;Irwx, , b — Creeks .R. :k • ,.,. y - 1 .�iciry Llmlts ' ' - •`A 6, p \ I �I Counties 3 ill 8i : >, •I '' tqt,,- T' ' h, >Sr ' 4 • :. Schools Ai+r.:t'�'liCa .bf°;�i%&Y. xstb',.'„ ', 'C, i:'• . JASMS"s'Tyg aro..,:•S tor,N:nsrdpafrapOSS5 BM rsey AB:i6ne bye•arep:eta.a Le nstt'sied:ix;et era... Ry 5 n•,5ykyjft'3O 3 i1:11ehs. .41)47::ea c; i:2 p• : :AV,W/aN:rcp•kr.' 1„'y me ep}rax.4:a:r:r.Jonueb:e.'coaPCSateai.,:Htes G'v hi 425d91r.Si irk.Qxrn..• Wat(B:Lvi^,l """n410nr(B1IM(Bnrl�ru,,cotamtc(n,frx•SI•••.,+,.r hC Itf;:d G.'l sike.vsw Malts I/ nr.•xnrmw,ce wart,No theaca,•o;y or rhespiodoV a lots fitness kr P pcfr.::.ic ra'psse The i:3or rf;aco fls'helx'af•#bS:.S,1N'nrALL FAOI Tr,(11 ac um^.sp^+taloonsbrdykrMeL*#IIGIeCr ,t.Fi.Y:rsc- w CT/B+F?e0.1e'41:10.•05,,TV S'am.d::+..LES.0.Xa)4:y4.!s of ex,454 a.Rsw 4/0 W South or Fnendswood e :70. 'o+ 4:,..111 sToatV00. TeXattaorroe Friendswood GIS Mapping r N Flierltlsa'pad 72xss 775E6 • lCr in 996J20a +� z�. rrvx aPo.Ylamxooafx us 1 „=945 ' /.,t,,,„,, 4 '0 I'll "a #: c1/2., (ji a n�v ��c�'•�� iir a ., 1 s h11 RyG .s "64,, 1 �' O ,, / /43,E. R 11 , •el sl# T F�� e r 14�, f ,try:l , e�',1 40 1 , j II 1 Id� ; o Y,� • ' /1 lio 0 �111 1 0' is el ''l � C f rlk0 `Y 4 qj 77= 1�c°� R% %r*04‘til ♦xr:f -11kVtoy� � 1�non , n Rp0 N Jyo,. �W� � :.1 y hKlaeRQ ' �9°04.4 •o� e # / Q4ifit/ S h+ 0O(i // � ! .11 �oc, q / d� I 1. . ,c rc \'k �, ���Fnendsv�nod akes Subdinstor G�� � ./ �� �� ( �' 1 4 S `eopfie w y�a•2 y\PARK!: 'r 'i . fr et .• 1 t• Subject Tract' reR� ! it% 1►wid - . , o_i , y ot;115 998 acres along , •a, 4N '4 gig . Pkx �^ L!future Friendswood W ik :oru,a /,-ro. .%. z5 I: �•� � gA 'IQ F 4, ��; e , ey Lakes Blvd, between ,,04.. gs oR`�',L o� ::` West Ranch and ;RiN� k1; ' •�k Aea': �� i'f,' 4 �' o Friendswood Lakes 6 `47' �1 /i ! s . a /��° t1N�Subdivisions YiJ,1 ,lill �h. yyy1 I +°ro p�pr th ...\• _011 r '.Z2 N / / ,ria t-, I=, aR 1 "p1 / \ • Aapre Fnerd beakwood L k , I a � :::, I� y!)'Lture Fnerdsiocd Lakes �, y, west Ranch /1 Bled 00.'�eP0\�Nr14Y,yF� z9.4r 0� N .V rC � 3? s.Nrp N/ Ij cod,Y� Oki �. 1ii.I } . 1 It+ ' • � 45!., Legend z i1 . •c 4 ;ft., . l: n S7eas t-i zo����-01�-�04 ' �k —Lol_¢es • UtKE ■ o -� '�A � -- Dem 0 • f� i'"I � r a try wits ��9tLr, t mICantles LESI1$ rL I CV Owned CT('1 lad Fj Sthao6 I �1-4,l1 l is:105.16:5frocu:stimtniatooft:9 sarmist 'aeterp axafaaeSaisAtra090%4a VILIZMaTnas Oz.sIiaaa^ 41.11 araMeattAtMY m)ste UM*•aait&ellcicopmry moot eta¢260'•6. PeLita barar atats%ar.osnt,..temaadruatementetoN :ft TN 0.)•°Traction'tabs xe vial*,cr wtogre Nte anwattpcid:MetestOnBuiltmast..Tiemir0ra:tsA^Dva;iLSiS MIVALL;AIL qlatan%al" aim/tt te Ian WV a„•?,nass,ReGp'Cfhmlwel.(cmm/tisam mats!sy huh;Warn we k. OLksZ4.. CnyofFn endsw ood;Y ., Ye sed M );,� fYleSt Ie6rus frnendswood GIS Mapp ing0 , • (781)9e6a200 'ulJkx' ' 3(\.. ✓q0 kp R 0ic, / o it, J �r.��`f `01\ ��0 �m' '}}�< j � o p� I :, ��a ii h ^`a� „aPARKx &p i 1 f.a �• ,' �`� )' ' liei ��:Ali 'q.. ♦ 5 t s 0 / 010"Ic t\I ��u�ti ,b'�fy, a 1 . F'Iendsno.Lakes Subdroson I a Qit \��• 7/1/ 'i,, v nor :p 0 ` it :, , r, �j2: iu f 2 ' ?^ Vit �,. • • kS f/�1J q • 1 T!{ RIBII „_ �I. J'! ` p4 `9i(� �j•1• h�'� � i eF-14 1:' ,. f @��i ti\W,�fRLN ,� � gill 11ao A4e plh o ;$SuSubject Tract. ;,,/1 ht,j• ' ,�5t�l a' V ' co 1. , '�z- is 115.998 acres alon P�°o ii``r 'r -\'� °9 =a a'" 1� vv�`k is • I Q m future Friendswood Rk`?oki'o- 1 m';'Q' k `\,` 1°c(i 5cHif `�INR r 9 4�ALakesBlvd �h'�2lf'o: 100 5,-�! t i .• .y o- HD;�N r between West o m+rrw'3! `°'3 : i� \\ Q�' ���' STILIHouSE' 1'� 4r�v ' r t �&. y' , �' Z;;oy Py�y• r Ranch and �sN , ~i 7 P. �� �, void , Frjendswood Lakes `v� 1 cr �a 4Subdivisions �'^ '�i"1r'�� /� q 3 lti ��'e �� it I�„' f i lo Tel i ! r D 1T r •�1�! � 'i'a0�2f s rr`� ' ro %. ` i Z! i : ,D yr QDiFiS i "BAIIFy,c •w� +Tt:14` 'NestRardi '�• / BEN0114 j�tj ,1.. 1 I. oft, A'' m /1 *.< . ... l I‘ Appreorrale lecaton.dRare y0_@ '�` o Ai,FRS? . e.... ./ J��Q,'11 .7N. RindwoodLakes&1d �� \� t +rChfL � �0 F', 0'��il+ J : ' 1y�0y���� .,J�J.r + ,�V,f 1 4 R�-, ���� Legend 55 VT �+ pg. ° 1; '� � �i i *„' 'r'$�� =Slreels • P.. /4.1 01:26 , z"�� iTf\E(A O:r —lcilmes ,�t 12.• p... ; Risto q••\t. --Creeks • < 1ms DRIPM `o_i W G0��S� .r �`�rCilyLlm�s ,t� . : ::.. :pi:• III 0 O III1.�, OQt• ��I Comlles s f '""lM?� ! CS'j Oe'sec i ttlESUEIS 1 F M Schools rtIrs )— ,�,1 . yr"i^' . A��P t Spec al Uses w v,�i ' ' � SFR •It TT r" •• ' II IER-GHD 1111 CSC PUD AlIII 111 BP csr:s s•Ns,taietinY,'nts''Alpses at'sr/o20Bk.S1.,:resilfro'lk satt r143d'eryi :'S aan•,l+yy'ay'JCa Y`ze.re%rawm cMlernisfie remtvists :nyJt!applur EOneem&cfawl/taAaro Got Crf:rC•uw,t waved'Armi.:,AY Pa'0estos 'aloaceidilotspc:Ctte.G' GI';rorossxJ malesn: remote,7aanattas3oieaabac/a'r!a rani catdsMinstooshd";um it otol:pect(dreONVAs•'S IIIMALcIaS.:Zi assists alasonte/:h"tp:SSOW . 'tl7194331t n4 at,diNkiNa':CaE"mg.Alm crektli a•m,l;';tF _' ' � Ciiy of Friendswood 0 4..4' 5f7SaE lEndssacdl ce i stottfkras"A Friendswood GIS \tapping .e esaa29e .,� `' eavta',`datilsaacdtae 1 ' = 96 j ' I rdhance Exft. i AVALON AT FRIENDS WOOD PLANNED UNIT DEVELOPMENT + 115.998 Acres Prepared For: Taylor Morrison PREPARED BY: ik PLANNING + DESIGN 24275 Katy Freeway, Suite 200 Katy, TX 77494 TABLE OF CONTENTS I. Introduction a. Purpose b. Location and Existing Conditions II. Project Description a. Character of Community b. Land Use c. Permitted Uses Ill. Development Guidelines a. Residential Development Regulations b. Signage c. Amenities/Open Space d. Phasing/Development Schedule IV. Exhibits a. Area Map b. Conceptual Development Plan META Planning+Design -2 INTRODUCTION Purpose This application has been prepared on behalf of Taylor Morrison, pursuant to the City of Friendswood's Ordinances related to a Planned Unit Development (PUD). The purpose of the PUD District is to encourage flexibility in the development of land, promote the most appropriate uses, and encourage a cohesive residential development. This PUD will establish development regulations and standards that will ensure quality development, consistent with the intent of the Friendswood Subdivision and Zoning Ordinances. Location and Existing Conditions The Avalon at Friendswood PUD is located on a + 116 Ac. tract located west of West Blvd, situated between the West Ranch subdivision to the east and the Friendswood Lakes subdivision to the west. The subject tract is bisected thru the middle by Friendswood Lakes Blvd and lies along the city limit line of the City of Friendswood and City of League City. An existing lake sits on the southern side of the tract, south of Friendswood Lakes Blvd and the remainder of the tract is currently undeveloped. See Exhibit A—Area Map. All land immediately surrounding the subject tract is either residential or undeveloped. Therefore, the proposed development is compatible with the surrounding land uses. Furthermore, existing easements around the tract act as natural buffers with adjoining properties. As a result of these various factors, the proposed Avalon at Friendswood development will be a suitable use for the tract. META Planning+Design -3 - � !. PROJECT DESCRIPTION Character of Community Avalon at Friendswood will be a gated, residential neighborhood with both residential and recreational character. The PUD will create flexibility in the design while aYi|| maintaining a high quality and cohesive community. A high level of architectural . character and design aesthetics will be utilized throughout the development. These � elements ensure the pr 'eot'aatrong. coheaivechanscterandaenseofcornrnunity. The � project will incorporate |ehe oreas, green spaces and vve|hvvayn that create a beautiful � community with lake views throughout. Land Use | Avalon at Friendswood will be composed entirely of residential lots, landscaped open spaces and lake/detention areas. The conceptual development plan (Exhibit B) illustrates the proposed rn|x of lot sizes and general site layout. The project includes o circulation of local residential streets, with a single thoroughfare, Friendavvood Lakes | Blvd, running east and west thru the center of the tract. A lake/detention area will be included on both the north and south sides of the property, on either side of Friendswood Lakes Blvd. The exact location of all streets and lots as shown on Exhibit B is preliminary and subject to change as development proceeds. Furtherrnore, the number of lots and lot sizes may be adjusted based on market demand at the time of development. However,* any modifications to the design will be consistent with the design standards and parameters specified within this document. Permitted Uses All uses listed under Single Family Residential (SFR) in the City of Fhendavvood code of ordinances are permitted within this tract. ' META Planning+Design -4- ^ .. DEVELOPMENT GUIDELINES Unless otherwise outlined in this document, all City of Fhendavvood Subdivision and Zoning regulations in place at the time this document is adopted shall apply to the PUD. Any change to the below guidelines and/or other applicable regulations shall require a variance or an amendment to the PUD. Residential Development Regulations � The following regulations shall apply to all single-family development: 1) Lot Regulations - .. Setbacks �Units Lot Area Minimum Per (Minimum Lot Width Height Parking uomLot Acre sn.Ft.) rm"m Interior Corner Maximum nenmm"e"ts u"o Maximum Lot <ni Rear(Ft) . Side(Ft) Side(Ft) (Ft) (per Unit) (Y/w) cmmmo zs Single (Tvp)/ ' Family zo(cu/ � Residential 4.5 7,200 eo de sac) 15 s 10 «m x , as% � 25 o"Ne (T'p)/ Family zo(cu/ Residential * 8,40 ro uesac) ys s uo 40 x , eeu zs Single � (Tvp)/ i Family zo(co/ � Residential 3.5 9,600 oo cle sac) 15 s 10 wz A , 65% zs Single (Tvp)/ mmnv zo(cu/ . Residential s 10,800 yo de sac) ys s zo *o A , ss% � A panmrg is required m accordance with the Parking Group Table m the Design Criteria Manua/ 2) Lake Lots 1. On lots that back up to o lake or detention area, the near property line will extend to the lake edge. 2. A drainage easement will be established at the rear of the lots for the required maintenance berm of the pond. Bui|dinga, fonoea, and other otruotumea, p|antinge, flower beds and other landscaping are not permitted in drainage easements 3) Cu| de Sacs and knuckles 1. Cu| de oaoa nnuoY have o minimum of sixty (60) foot right of way radius. 2. Cu| de oaoa must not exceed 900 feet when measured along the centerline from the nearest intersection. Hovvever. the following . condition applies: a. Adequate water pressure for potable water needs and firefighting capabilities ahm|| be provided 4) Pointe of Access / META Planning+Design -5 - 1. Any development over seventy five (75) lots must have two points of access. e. A second point of access may be provided thruthe following methods i Public or private right of way ii. Boulevard entrance iii. /\n access easement with e crash gate and connecting to public right of way with approval from � the Fine Marshal. 5) Gated Development � 1. A gated community ia permitted, subject tm all applicable | standards. In e gated oonnrnunitv, all the streets will be private. 8) Loke/De1entionMaintenence 1. A private maintenance agreement between the HOA for Avalon at Friendavvood and the adjacent property owner and/or future HO/\ will be provided at the time mf final plat recordation of any sections uti|izingthe lake for detention � Signage Signoge within the PUD will conform to the City ofFhendovvood Sign Ordinance with the following exceptions: 1) Temporary signs used during construction of the development re.cognizing builders, � architects, engineers, leasing representatives, lenders, etc. must all be tastefully . displayed on 4' x 8 vertical signs. All temporary signs must be removed when the principle building on the applicable building site is occupied. Additional temporary bu,ilder signs directing potential home buyers to various neighborhood/model homes may be installed behind the public right ofway. These temporary signs will remain until the section ia8O96complete. 2) Ne/ghborhoodnnonunnentotion a. Neighborhood monumentation is permitted within the parameters set forth in � the City ofFriendavvoodoignegaordinance. Amenities Lakes and (]pen apace areas account for approximately 3196 of the gross acreage of Avalon at Friendavvood. The open space calculation includes all parka' landscape reserves, landscaped right ofways, pipeline easements, drainage easements, trails, tot lots, |akeo, detention and drainage area, etc. The proposed open space amenities and the acreages are aafollows: Open Space Amenity Acreage* Lakes/Detention +/- 27.0 Easements +/-4.9 Landaoape/Open8paoe +/- 4.3 TOTAL +/- 38.2 *All acreages are preliminary and subject to changes ao development occurs ` META Planning+Design In addition to the recreation and open space areas listed above, the development will comply with all applicable City of Friendswood Parkland Dedication requirements and/or Parkland Fees. Phasing and Development The development is intended to be constructed in 3 phases. The initial phase will consist of approximately 100 to 120 lots and will be located within the eastern half of the property north of Friendswood Lakes Blvd as well as the portion of development along the lake on the south side of Friendswood Lakes Blvd. Phase two will include the remainder of the land on the north side of Friendswood Lakes Blvd for a total of approximately 40 to 50 lots. The final phase will include the remainder of the property on of the south side of Friendswood Lakes Blvd, approximately 40 to 50 lots It is proposed that there will be approximately 200-210 total lots within the 3 phases. This proposed phasing is based on preliminary projections, but the final timing of development as well as the number and location of phases may be modified based on market conditions. In addition, all phasing will be coordinated with the construction of Friendswood Lakes Blvd. No plat recordation will be permitted until substantial completion of Friendswood Lakes Blvd. up to the entrance of the Avalon at Friendswood development. IV. EXHIBITS Exhibit A—Area Map Exhibit B —Conceptual Development Plan META Planning+Design -7- AIM ttttl .,„ I 'a: c1s I . d '` J ♦ � ' A 1 • , of ,: J4 •, t , ,� �•' , -.j ! ti - NI . �� I-r + eft/, ( � F. .. 3 ,1J , 1 s . I • `�4� � A I } lit Mt` . ' 1 ��Y y * ry `,' I , �s t , I FF ,� ' , !L i • BP it r rfirl t' t �1� .� � r l W „p�,. . 4 i <Qa . • , r • i I � r � SUBJEC1 pp :p y 44 , PAOPEBTYyyyyj+ \ ! '� a ! I "(. �.W • i q, I '� I. k Fyois 00 N. �.� 7 it , I t4kfs i , +J I i , .., ` / , • i 4. ` '. • ij r•p;`1'is\ l` � efy L 1. ' /# '� I1 _ ( A d r i % f Yare 1 t4NMilti1i• • • 1 �0, ft 1 e `I. 1 0 0• • 3% 11 I it J 14, is 1 tl 4 Mtn.. , u - d Coma i • i a na ..LI• AVALON AT FRIENDSWOOD t114.0 ACRES OF LAND TAYLOR MORRISON II SON Car bony.SIN Ill My'Om MN NIIIIII•i1111Y 1i11111I MI FA • r.,, MaYYY� sran lkaSU u.n,.uil,tYnulv:ewY ,ea,Y[Nv.rlt i� Ittt/lltRllI•Itlli '14Hi s VS {I 1r.T . ( ( N 1f . IZ ;Se JP 7 , : , a• \, S , , . ‘ I 1 1 ff)' e } b y ' ', a i I '' ran t ;�+ y'.. . .• alb.;)., ` - ;, p %4 p ''11" 1 � a -' 1%i t svV , e.� 4 �rv,� 1/" 0 s 4 I .tt 9'. \ 1 � .Ise h ,i r r �� 1 > t sFa iii f � ail aunt; } 40 / � r , ;WNii; 1 if Sir 1, 11:5 ,; N A S.% 4i . ��� . - J� i 4 ��& � , . . � k. I • I I sc., ' , x kcit xmis , ��T. t, awu a - .1 iicnn i ; 42Jt I_ 1 // ` . k /7 'it � , ".1 t 4 ' kt a ti! i ' d y 4 1 . ,,,. • , �� YYYgiNt ::� � ` • �% .+ i .�I � 7�istos , leii '� • Li * C A r ixt _III sr _ g A I 4 " 1.1 a it it, . 1 , l „,, ,tVf r I MI . , - .6. _ f LOT SUMMARY AYALON Wx130' aA LOTS 22% Iffi /Vila' 11aLOTS 520 AT FRIENDSWOOD Wx130' 29 LOTS lassB :LIU ACRES OF LAND 901x130' 1S LOTS Ai OORISON "M TOTAL 206 LOTS TATIOR AIOR META 1111"41ORM°.1a 1<t Jn}L I aai11t1 Itmi,c WISP I YIJWInt .. onota we..e.• w.wnN weunwv-..Mar e•ut. \Wa1:1 �• .nidw'd mtnpriff,. unm�alolo IMO ami