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HomeMy WebLinkAboutOrdinance No. 2019-37 (Title: An ordinance amending the zoning classification for a tract or parcel containing
156.4717 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) and Planned Unit Development (PUD 2019-11) to a
revised Planned Unit Development (PUD) for a residential development, "Avalon at
Friendswood", as more fully described herein.)
ORDINANCE NO. 2019-37
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 156.4717 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) AND PLANNED UNIT
DEVELOPMENT (PUD 2019-11) TO A REVISED PLANNED
UNIT DEVELOPMENT (PUD) FOR A RESIDENTIAL
DEVELOPMENT, "AVALON AT FRIENDSWOOD"
CONSISTING OF THE FOLLOWING TRACTS: 1) 96.944
ACRES IN THE MARY FABREAU SURVEY, ABSTRACT
NO. 69, BEING ALL OF A 97 ACRE TRACT OF LAND
DESCRIBED IN A DEED TO CYPRESS CREEK HOLDINGS,
LTD., IN GALVESTON COUNTY, FRIENDSWOOD,
TEXAS; AND 2)59.5277 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,
GALVESTON COUNTY, FRIENDSWOOD, TEXAS;
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 a 96.944 acre parcel of land, being all of a 97 acre tract
of land described in a deed to Cypress Creek Holdings,Ltd. in the Mary Fabreau Survey,Abstract
No. 69 in Galveston County, Friendswood, Texas; and Yellowstone Hill Country Ranching LLC,
acting by and through Charles Gregory Evans, is the owner of 59.5277 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) and Planned Unit
Development (PUD 2019-11) to a revised 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,public hearings 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.2019-3 7 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) and Planned Unit Development (PUD 2019-
11) to a revised 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
classification of said Property as conditioned and described above.
Ord No.2019-3 7 3
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 7th day of October,2019.
PASSED, APPROVED, and ADOPTED on second and final reading this 4th day of
November,2019.
/ /
ike For an
Mayor
ATTEST: ��� ��
\ / b.%
® M
Melinda Welsh, TRMC gi
City Secretary
***.s: OF
Ord No.2019-3 7 4
Exhibit "A"
1. Applications
2. Property Deeds
3. Metes and Bounds Descriptions
4. Aerial Map
5. Location Map
6. Zoning Map
Ord No.2019-37 5
Exhibit "B"
1. Avalon at Friendswood PUD document
2. Exhibit A—Area Map
3. Exhibit B—Schematic Development Plan
Ord No.2019-37 6
Exhibit "A"
City of Friendswood — Community Development
It OA D 5 tttit,A, Thi
910 S. Friendswood Drive
g .3-3,411k , t Friendswood,TX 77546
Phone:281-996-3201 Fax 281-996-3260
*Ai/ ww.ci.friendswood.tx.us
k,k_rell*,,
one Change Application
CURRENT ZONE OF PROPERTY: SFR /PUD
TYPE OF ZONE CHANGE(check one):
0 Land Use Change to Zone: El Specific Use Permit Option 'I
Eil Planned Unit Development Option 1 E] Specific Use Permit Option 2
[1] Planned Unit Development Option 2 SUP for Use(s)#:
PROPERTY IDENTIFICATION:
Address: North and South of Friendswood Lakes Blvd (to the West of West Ranch and West Blvd.)
. Platted Land—Plat Name: n/a Lot: Block:
Unpiatted Land—Attach a certified metes and bounds description
OWNER NAME: Yellowstone Hill Country Ranching phone:281-850-6759
Owner's Mailing Address: 7670 Woodway Drive Suite 162
City: Houston state: Texas zip: 77063 Fax:
Owner's Email Address: adam@hillhubbarddevelopment corn
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@metapianningdesign.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 o i - 's be aif and the owner understands and acknowledges that the
City of Friendswood shall rely upon the a t s r=i resentations in matters pertaining to the above described
property. The designation of an a•e•-Ali .atter in no way absolves the owner of any of the owner's
responsibilities outlined by the City of fr - (J.. The owner must be the legal owner of record of the property at
the time of submittal of the applicatio
The undersigned hereby request approv:AO \ 9:Illiro/uncil on the above identified zone change.
Owner's Signature 4 Date: 6/e0/1/1
Agent's Signature:, ill , A 1) Date:
Application Number:
Received By:(?)Skii,M-441..e 1(-• 3-1.2-I ci
Received Date: . _
Date of Public Hearing: C1-1 ,, ...,.D\ — iCi Newspaper Notice: —)GI -1 c-i
Property Owner Notices: S-- ',x)--- I 01 Sign on Property:
Revised 11-01-18 Page 1 of 2
Ariztre4 City of Friendswood — Community Development
910 S. Friendswood Drive
3. Friendswood, TX 77646
Phone:281-996-3201 Fax 281-996-3260
Ns, 'isla; ww.ci.friendswood.tx.us
one han•e • •lic tion
CURRENT ZON OF PROPERTY: SFR I PUD
TYPE OF ZONE CHANGE(check one):
EJ Land Use Change to Zone: 0 Specific Use Permit Option I
Planned Unit Development Option 1 0 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: Wet Lot: Block:
Unplatted Land-Attach a certified metes and bounds description
OWNER NAME:6/risk&e_ a4-7/64fiehed/phone: (4) '44 149/
Owner's Mailing Asdress:
City:te5Y 044-6, - of State I Zip:77..Crk Fax
Owner's Email Address: er, 4-3 6/74 feteZifil /47V/t C C4/1
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-kedwardsmetapianningdesin.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 re/t/Jest approy I b -7293y/ ouncil°type aboye idrtifie one chan e.
Owner's Signature Atee aftei:/reiiRtV/1/14(44-e#/, 1/ Date: ell( / i-0/7
I Agent's Signature -) i'AAJtaEAJDate: e6Ke
Application Number:
Received By: Received Date;
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: Sign on Property:
Revised 11-01-18 Page 1 of 2
.1t
'Z4954/(1'4 ity of rin s ood — 0 uni • v lop ent
910 S.Fnendswood Drive
ti Friendswood,TX 77646
)1(k Phone:261-996,3201 Fax 281-996-3260
ww.ci,friendswood.tx.us
• n .11 i
CURR T ONE OF PRO ERTY: F PUD
TYPE OF 0 CHANGE(check one):
El Land Use Change to Zone: Ej Specific Use Permit Option
O Planned Unit Development Option 1 0 Specific Use Permit Option 2
fJ Planned Unit Development Option 2 SUP for Use(s)4t:
P OPERTY IDENTIFICATION:
Address: North and South 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
• NER N E:
Cypress Creek Holdings,Ltd.
Phone:
Owner's Mailing Address:
City: State: Zip: Fax:
Owner's Email Address:
AG NT'S NA E 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-kedwardsametaplanningdesign.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 an that
d the owner understands and acknowledges he
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.
9 4( 11 3
'
neris Si. ature 0 A4.4,1 , e , Date.
nti5Signature rwF:r,/r s
igittilliMoy,„ oval e Date:
Application Number:
Received By: • Received Date:
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: Sign on Property:
Revised 11-01-18 Page 1 of 2
ii. , , �*, City of Friendswood — Community Development
'' 910 S, Friendswood Drive
Friendswood,TX 77546
Phone: 281-996-3201 Fax:281.996-3260
h k ww.citfriendswoodttx.us
Zone Change pplic ion
CURRENT ZONE OF PROPERTY: SFR I PUD
TYPE OF ZONE CHANGE(check one):
0 Land Use Change to Zone: El Specific Use Permit Option 1
O Planned Unit Development Option 1 0 Specific Use Permit Option 2
E1 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: n/a Lot: Block:
Unplatted Land—Attach a certified metes and bounds description
N NAME: c &k. OtArk,61-0. Phone: geoZ1,0
OWNERCcktekV,E-S.
Owner's Mailing Address: c\O \ tQ\r\ CA, w -D-000
(:)-ect-LAA-, '�..- Zl :sty. ��CA� rState: p \ � Fax:
Owner's Email Address: VA. q\A-G� 6 In (--- CAkeu &OVYN
Iyf
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@metaplanningdesign.corn
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 owners
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 requ approv by t uncil on the above identified zone change.
(-0 ( 1-(
Owner's Signatu
re Date:
)--(DV1
i
Agent's Signature: '0167Date;
Application Number: a.
Received By: Received Date:
Date of Public Hearing: Newspaper Notice:
4
City of Fri nds ood - Community aevelopment
ty 910 S. Friendswood-Drive
Friendswood,TX 77546
-4.-%
Phone:281-996-3201 Fax 281-996-3260
**, or",„7171 ww.ci.friendswood.txus
one han.e Application
CURRENT ZONE OF PROPERTY: SFR /PUD
TYPE OF ZONE CHANGE(check one):
El Land Use Change to Zone: 0 Specific Use Permit Option I
O Planned Unit Development Option 1 El Specific Use Permit Option 2
Ej 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: Ilia Lot: Block:
Unplatted Land—Attach a certified metes and bounds description
OWNER NAME: /J1 L stit- tit . sie,A\ie,S Phone: 5 f <Fi50,5'492..
Owner's Mailing Address: 2-4 ace fitil
City:60,trg State: -r-)< Zip: 74-9494. Fax: - 361 — 2-57 1/37
Owner's Email Address: lt2:c1 / ,AVi2.< )64 4 op .c,4137/4
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: kath Parker-kedwards meta tannin 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 hereby request approval by the Cjji Council on he above identified zone change.
Owner's Signature Date: -
Agent's Signature: Date:
Application Number:
Received By: Received Date:
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: Sign on Property:
Revi,ed 11-01-18 Page 1 01'2
City of Friendswood — Community Development
4*,!*tP.Viica,
44-1;Piki ‘
(4. 910 S.Friendswood Drive
Friendswood,TX 77546
Phone:261-996-3201 Fax 281-996-3260
ww.ci.friendswood.tx.us
k, '
'\kliTets
Zone Change Application
CURRENT ZONE OF PROPERTY: SFR i PUD
TYPE OF ZONE CHANGE (check one):
0 Land Use Change to Zone: 0 Specific Use Permit Option 1
0 Planned Unit Development Option 1 Cl 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: nfa Lot: Block:
Unplatted Land—Attach a certified metes and bounds description
OWNER NAME: Vt''((); 11,t'cir i ,f-,re i es Phone: 2-I(-1-c*CT) I - ,S5-9(--(
Owner's Mailing Address: 13 5 00 1:0(:),,t)r r.1-foit e 1,,,0 oe
. . ,
City: I\t1:5'11: i, State: I i Zip: • Fax:
Owner's Email Address: VI (o' (10 cleo't(-7'6:1) 1:1/ ‘:_., U
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@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 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 çeqpest approval by the City(fpouyo\h the above identified zone change.
,1 -
Owner's Signature ( ( A 1 IA r tl, ',„) 1'1, nt' I, Date: E: — 1' ''. cf
,., ,,,‘
Agent's Signature: ti ) r t.,471. , Date:
Application Number:
1 , Received By: Received Date:
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: Sign on Property:
Revised 11-01-18 Page I of 2
1
• City of Friendswood — Community Development
V1;441'1444,-: 910 S. Friendswood Drive
Friendswood,TX 77546
v- Phone:281-996-3201 Fax 281-996-3260
, ww.ci.friendswood.tx.us
• one Change • pplication
CURRENT ZONE OF PROPERTY: SFR PUD
TYPE OF ZONE CHANGE(check one):
Ei Land Use Change to Zone: El Specific Use Permit Option I
El Planned Unit Development Option I E3 Specific Use Permit Option 2
El 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: C- ,S,';(:), net riSe) Phone: 21 16
Owner's Mailing Address: \ C):( CA)) V)r-
City: Alk,s-Vi State: iq Zip:7 g73-3 Fax:
Owner's Email Address: Yv*, 0\0 r, (:)lv;Vir
---'
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 kedvvards©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 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 ilodersionari ber4,hy hl/the,(7,ity(-milt-1(7H on the above identified zone change
Owner's Signatureqkf Date: S
e
Agent's Signature: Date: S#/- /41
Application Number: •
Received By: Received Date:
Date of Public Hearing: • Newspaper Notice:
1 Property Owner Notices: Sign on Property:
Revised 11-01-18 Page 1 of 2
t 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
($10O0) 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
•
. ,
• .
,
•
FILED AND RECORDED
i
.•:
Instrument Number: 2018062322
Recording Fee: 38.00
Number Of Pages:5
Filing and Recording Date: 10/15/2018 2:23PM
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.
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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 SECU RI1Y 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(hereinafter referred to
as"Grantors"),for and In 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,SOLD 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 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
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,Warty,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,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
•
.ALVEST . d,TITLE,TX Document:DED 2011.19071 Page:I of
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Branch ;1SP User:IVREA
Property,to the extent conveyed hereby,unto Grantee and Grantee's heirs,executors,administrators,
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.
GRANTORS
JANET CLEAVES ACORD
•
Cee.61.4•Let—de.61—vt,9(..
J net Cleaves Mord
Janet Cleaves Acord as Trustee of the JANET CLEAVES
ACORD TRUST II
or41.0
r #
Janet Cleaves Acord as Trustee of the IA C
ACORD TRUST11
Janet Cleaves Acord as Trustee of the JANET CLEAVES
ACORD 1993 EXEMPTTRU$T
• /
111PIFEIN, ,
Ja et Cleaves Acord as Trustee of the NET CLEA
ACORD 1993 EXEMPT TRUST
GALVESTON-TITLE,TX Doetnnent;DED 2011.1907 I Page:2 of 5
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Janet Cleaves Acord as Trustee of the JANET CLEAVES
ACORD 1993 NONEXEMPT TRUST
L4. girt&e •
1,9
Janet Cleaves Acord as Trustee of the JANET CLEAVES
ACORD 1993 NONEXEMPT TRUST
•
,•• Address of Grantee
:•••
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Cypress Creek Holdings,Ltd.
614 Undenwood Drive
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Houston,Texas 77024
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GALVESTON-TITLE,TX Document:DED 2011.19071 Page:3 of 5
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STATE OF TEXAS X
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X:••
.••
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COUNTY OF HARRIS X
•
BEFORE ME,the undersigned authority,on this day personally appeared 1ANET 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,thislLdayof April 2011,
,•••
•
Ihrikell
IMF
- of Texas
Alter mouthy.,gime return to: riatmrmiucLai
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Dinah Weems 0427-2014
614 Lindenwood Drive
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Houston,Texas 77024
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GA.LVESTON TITLE,TX Document:DED 2011,19071 Page:4 of 5
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EXKIA'
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• 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 brie of the Mary Fabreau Survey and the
Southwesterly line of the J ft 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(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 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(2222.22 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 Pur zn RECORDS
•
1 .lam
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,4,...010110i9071
April 14, 2011 01 27 31 PM
FEE $32 ee
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Night 0 Sullivan, County Clerk •
•
•
Caivuuton County, TEXAS
•
•
GA VESTOO -TITLE,TX
oet neat;DE 2011:19071 Pagc:5 of 5
Printed on:7/9/201 3 59 PM
V4O45574 4 NS
SPECJAL,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 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 SRAKESILL,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
H I A _
• Y.
conditions,hens,encumbrances,resmations,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 . 10116r#
74, At.1.4(-
.'t
r bur R.Cleaves,Managing Partner
Address of Grantee:
Constance Cleaves Brakebrll,Trustee
204 Woodlawn Drive
Prnendswood,Texas 77546
2
•
•
•
•
•
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 forthe purposes
and consideration therein expressed,in the capacity therein stated
\IVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
%,..... /g ...4(
iveL-----jh jt, .(.11
STAMP NAME AND 5XPIRATE0N L7
. DATE OF GOMMl$SION BELOW NOTARY PUBLIC IN ANC Eitikrgi
THE STATE OF TEXAS
rAtt ,. reiiii
mv corunistxto
,. .„,:c,..Aj#.er recgrdlnq,Phrase return to: pnor)
Jennifer M.Elskes
Chamberlain,Hrdlicka,White,Williams 84 Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0475309 01
004092-000000
3
C { I
■
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 too 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
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 464-56 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
FI1EI REM
OFFICIAL PUBLIC RECgk0G OF REAL PROPERTY
rfiacifrefm/924/s
2004 JUL 09 09:51 Ali 2004045574
KERI'L S $15,SU Mary Ann tla~g X f I CU ,nr CLERk
thILVESTuNI 4
•Ti IW
1 ■
6AC 2004045576 Pgs
PECIAL 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 property desonbed 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 on
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
t
1t
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
/ft, C/( /14 Ara
ilbur R Cleaves,Managing Part er
Address of Grantee:
Wilbur R Cleaves,Trustee
241 Rosebud
Corpus Christi,TX 78404
2
r
THE STATE OF TEXAS §
COUNTY OFaa,4-2).___, §
BEFORE ME,the undersigned authority, on this clay 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 day of
,2004
STAMP0
NAME AND EXPIRATIONje_,,,r`�, ,�..�. .
DATE OF COMMISSION BELOW NOTARY PUBLIC IN AN b -I
THE STATE OF TEXAS
_14 ' nut itbt &fate i i` s
_
Y co # exPres
1 January 24,2001
After recording.please return to:
Jennifer M.Etskes PAU
Chamberlain,Hrd$icka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0475688 01
004092,000000
3
wu_7 ►+r7 WFWV.. +.+r 7
•
4 �
'•7 M
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 comer 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 P.
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 61 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 Easterlyline 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 P.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 41D REURE
OFFICIAL PUBLIC RECORDF.1 OF REAL PROPFRTt
Nu% Altfit
2004 JUL 09 09:51. An 2 40455'lb
KERNS $15.00
tlnrY Ann Daigle ,COUNTY CLERK
SMUM% % TEXAS
4
. PC 20040455?? 4 pis
SPECIAL WARRANTY DEED
THE STATE OF TEXAS §
5 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 NoJ100 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 tooth er 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
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 8 CLEAVES FAMILY LIMITED
PARTNERSHIP
By' � ,)-. A4-4
ilbur R Cleaves,Managing I`artner
Address of Grantee:
Wilbur R Cleaves
241 Rosebud
Corpus Chnstr,TX 18404
2
v'
,
THE STATE OF TEXAS §
6
COUNTY OF §
BEFORE ME, the undersigned authonty,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- GI EN UNDER MY HAND AND SEAL OF OFFICE, this the day of
e p. , ,
STAMP NAM'ANO EXPIRATION an
DATE OP COMMISSION BELOW NOTARY PUBLIC N AND FO
THE STAT OF TEXAS
��lt}1 1'W+�r S�A�Melos
A SAY Gd� �.
.� ,ti ionuwy 24,2O07
�. 7
Y •
Ater recording&please return to: paC)
Jennifer M.Elskes
Chamberlain,Hrdllcka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston, TX 77002
0475682 01
4092-000000
3
•
•
•Mn+M PIN •
;
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 45 -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 paint being on the Northwesterly line of the Peter Darras,Jr.tract,as sal('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 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 vans(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 07 00 acres of
land,more or less
FILEO RECUE
OFFICIAL PUBLIC RECORDS OF REAL. MUST?
ZeiregrZri Azg
2004 JUL 09 �09:51 2004045577
K RI~LC $15,00
Ilnr-i Ann Daigle .COUNT CLERK
GALVESTON t TExAS
4
• J� 624O455784s
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/IOU 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(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-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 shalt 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, restncttons, covenants,
conditions,hens,encumbrances,reservations,easements,and other exceptions to title,if
1
•-r si ....n+-s q na +N
any,relating to the Subject Property,but only to the extent they are still in force and effect
and shown of record in the above4nentioned 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 andfor 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
ev‘ Ao, PAL
lour R eaves,Managing Partner
Address of Grantee:
Wilbur R Cleaves,Trustee
241 Rosebud
Corpus Chnsts,TX 78404
2
i
t
,
l
l
•
THE STATE OF TEXAS §
COUNTY OFN.-A-Q---C-0-3--/ ...
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 EXPIPATION { (x,
DATE OP COMMISSION BELOW NOTARY PUBLIC IN A. F
THE STATE OF TEX AS
SEt.INOA S GOHZMEZ
'2"
,C..:14) Uotary pit,Starts of Texas :
f My COO IiIIss Expos
c' he JantUary 24,2007 ;
..... we
After recording,please return to.: pAto
Jennifer M.Flakes
Chamberlain,Firdticka,White,Walla s&Martin
1200 Smith Street.Suite 1400
Houston,TX 17002
0475656(11
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 55 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 William 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 MO RE=
OFFICIAL PUBLIC RECORDS OF REAL, PROPERTY
PapairifrAtt,
2004 a 09 :51 All 2004045570
Ann 1401e_, CLERK
4
• • •••-•-•-•-•••,••••••••••••••.••••,...••• _ •
x i RC 20045580 4 ns
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 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 an
undivided 3 76840%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
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-mentioned county and state, and to all zoning laws,
regulations and ordinances of municipal and/or other governmental or quasi-govemmentat
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 CLEAVES FAMILY LIMITED
PARTNERSHIP
By /4/14841' e.( O4/4
lbur 1 .Cleaves,Managing Partner
Address of Grantee:
Virginia Parrish Cleaves,Trustee
1 055 Hunters Breeze
San Antonio,Texas 78230
2
A
THE STATE OF1? 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
V N UNDER MY HAND AND SEAL. OF OFFICE, this the day of
2004
}
STAMP NAME AND EXPIRATION j
DATE OF COMMISSION BELOW NOTARY PUBLIC IN AN
THE STATE OF TEXAS
prie5,, offe.INDA S GONMEZ
tvivtv ,StatV TIMIS
irli 4' 24,200r
PAS
After recorciVrt.please return to:
Jennifer M.Elekes
Chamberlain,Hrdlicka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston.TX 77002
0Q4092-000000
3
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,
`HENCE 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 454-66 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(930.58 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
FIB # iI
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
2004 JUL 09 09:51 • 2004045580
KE
Nan' An :P a TY CLERK
ERNEST�ff f TEXAS
4
..•
200/10455131 4 Fis
S 'ECJAL.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 othergood and valuable consideration in hand
paid by CONSTANCE CLEAVES BRAKESILL,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 on)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
It
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»governrnental
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 ever/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 i ti( 46 &—#A, JAIL
1"6'
bur R Cleaves,Managing Pa 'er
Address of Grantee:
Constance Cleaves Brakebill,Trustee
204 Woodlawn Onve
Fnendswood,Texas 77546
2
I
4,
THE STATE O 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
IVEN UNDER MY HAND AND SEAL OF OFFICE. this the day of
,...... ...... ,2004
STAMP NAME AND EXPIRATION • .....j c ; .. ... .a►, .�La'
DATE OF COMMISSION BELOW NOTARY PUBLIC IN AND F n;7 iyr
THE STATE OF TEXAS
.,Yr#t. BELINDA 5 GONZA EZ
�E,�.�` NOtarYco t tottlatlExpoOf Yex• J'S My�',Oft}SSil3@
. A' January 24,2407
After re aae return o: rite
Jennifer M.Makes
Chamberlain,Hrdltc a,White,Williams a Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0444562 01
Q00344•000000
3
1
1 ! •J4 r
Exhibit
Being ail 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, 1850,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 29,1850,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 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
FuEl) llO a
OFFICIAL fl 1 REAL PROPERTY
tiiiiart, .
2004 JUL 09 ;51 AM 2004045581
KERN-1 1500
MarY Ann DYL �A�il���� CLERK
6fit4
I '
MC 2OOz045582 4 pg
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 No/100 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 does 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 nghtsffway within,
adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards,
minerals,reservations and remainders,and together with each and every nght,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
•
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.mentroned 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 cIalming 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
#4.4.
By
r 1
Il.ur R Cleaves,Managing Perin.1r
Address of Grantee:
Constance Cleaves Srakebrlt
204 Woodlawn Drive
Frsendswood,Texas 77546
2
}
v '
THE STATE 0 EXAL) §
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
e,VE UNDER MY HAND AND SEAL OF OFFICE, this the day of
. .... ,2004,
STAMP NAME AND EXPIRATION Oh I/
DATE OF COMMISSION BELOW NOTAR BLIC IN AND EO
r, 'THESTATE OFTEXAS
illy tom f�. �......r. i r - 3
t:` $fi&INOA S GONZALEZ' _ Nc thiy Pubes,SUte of Texas
• My Cornmisafon Expres
January 24,2007
After.recordinc1,please retu to;
Jennifer M.Elskes
Chamberlain,Hrdttcka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0475311 01
0 092-000000
3
N ti.Y'
•
•
•
•
•
•
f \
hfl$t"A"
Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No
66,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 55 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 AMP RECORDED
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
1?? eon., 1,01
aair,
20
04 JIA, 09 09t51 Ali 2004045582
K . +� 0
MaryAnn D ..
d a 'COUNTY CLERK
D S5
T : TEXAS
4
A
C2OO4O455834P
IS
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 8, CLEAVES FAMILY LIMITED PARTNERSHIP,a Texas limited
partnership, (hereinafter referred to es"Grantor"),for and in consideration of the sum of
Ten and No/I 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 ort 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,end all condemnation awards,
minerals,reservations and remainders,and together with each and every nght,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,
I
4 •
•
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 quest-governmental
authorities,tf 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
ByA411-4'
(}4-*--
11 ur Cleaves,Managing Partne
Address of Grantee:
Virginia Parrish Cleaves,Trustee
13055 Hunters Breeze
San Antonio,Texas 78230
2
r•
•
`
.1
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
t.IV t N UNDER MY HAND AND SEAL OF OFFICE, this the day of
STAMP NAME AND EXPIRATION
DATE OF COMMISSION BELOW N0T + Y PUBLIC IN A V911
y� THE STATE OFT XAS
. MINA
fto
My gottttsronr
i4oto
.!k .ronuary 24,aoei
After rrecordinu.please return to: AtO
Jennifer M.Flakes
Chamberlain,Firdlicka,White,Williams&Martin
1200 Smith Street Suite 1400
Houston,TX 11002
0475493 01
004092-000000
3
r
t
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(291 S 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
Fin ' ii REH" U
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
2004 JUL 09 0 :51 M 2004045503
KE ,J $15.00
GALVESTON, TEXAS
Mary Ann Daigle 'COUNTY CLERK
1 L
4 NO455134 INS
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 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(1I )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
•n •1
J
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,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 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
Byj\I
ilbur Cleaves, naging Partner
Address of Grantee:
Virginia Parrish Cleaves,Trustee
13055 Hunters Breeze
San Antonio,Texas 78230
2
4 r.
, S
rl
•
THE STATE OF kXAS
COUNTY OF 1 •
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 forthe purposes
and consideration therein expressed, in the capacity therein stated
IVEN UNDER MY HAND AND SEAL OF OFFICE, this the ... day of
2004
-3101.
STAMP NAME AND EXPIRATION
OATS OF COMMISSION BELOW NOTARY PUBLIC IN A
&V.--
THE STATE OF TEXAS
iieut }l4 I GONMOZ
I . Nasty FUblio,State(Yr TWOS '
': My COMM m ll expros
A#ter.rNCOrdinq,please retard to:
• Jennifer M. Elskes WO1
Chamberlain,Hrdiicka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0475400 01
0040924000000
3
•
•
•
•
•
•
•
+
i
t Y M
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 Curios,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- 6 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,26 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 AO REWO
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
Pralie ari
JUL 0 09:51, AM 200404.558E
Mary AnnKERNA a g e$. JTY CLERK
4
r.+Z w w �+v.r.
PC 2OO455854 s
SPECIAL WAR A TY D ED
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 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 rtghtsf-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 Of any) made hereunder are
made by the Grantor and accepted by Grantee subject to the following matters, to the
extent saute 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 orquasi-govemmental
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 1114—
a.... .
iibur R Cleaves,Managing P er
Address of Grantee:
Virginia Pamsh Cleaves,Trustee
13055 Hunters Breeze
San Antonio,Texas 78230
2
•
•
•
•
a 4►:a�M+Wu w
THE STATE TEXAS
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
UNDER MY HAND AND SEAL OF OFFICE, this the day of
.,� ,20
04
STAMP NAME AND EXPIRATION ' ,1 ► 4
DATE OF COMMISSJO :. a NOTARY N:LIC IN AND FOAM
Bt; NDA S GvNZAtg THE STATE OF T E X A S
Nottuy NAM,stew 01 Teox$
..�• My Comm Expo
After recording.please return tt: l� tai5)
Jennifer M.Elskes
Chamberlain,Hrdiicka,White,Williams&Martin
1200 Smith Street,suite 1400
Houston,TX 77002
0475672 ai
004092 000000
3
•
1
•.t... ..�..r.�ru►C7 w++r
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 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 tine 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 464-56 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 I degree,25 minutes West along the Easterly line of said Fabreau Survey,
eame being the Westerly line of said Dickinson Survey,a distance of'1 050 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 U EnTED
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
Oaajegfot
2004 JUL09151 AN 2004045585
Hare Anne i8 PC.11o
4
1144586 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 No/100 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(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 nghts,titles and
interests of Grantor in and to any roads, easements, streets and nghts-of-way
adjoining,adjacent or contiguous to the Subject Property,and all condemnation awards,
minerals,reservations and remainders,and together with each and every right,pnvtlege,
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
f '
1 wr
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
By f ,
.ur R.Cleaves, anaging Partne
Address of Grantee:
Virginia Parrish Cleaves
13055 Hunters Breeze
San Antonio,Texas 78230
2
THE STATE OF 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 W_. ...._... day of
2004
STAMP NAME AND EXPIRATION �a i did
DATE OF COMMISSION BELOW NOTARY PUBLIC IN A I.
L. T7
_ THE STATE OF T EXAS
•
Afi#er cor' Mctia le a return it z
Jennifer Mt akes l,41110
Chamberlain,HIrdlicka,White,Williams&Martin
f 200 Smith Street,Suite 1400
Houston,TX 77002
0476682 01
004092-000000
3
5
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 462-54,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 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(gag 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 67
feet)to the most Southerly corner of the said J R Williams Survey,
THENCE North 48 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
FLED AND RECORDED
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
NU%114?
2004 JUL
Daig09:51. AM 2004045586
8 $ 0
a� Ann Daigle , STY CLERK
GALVESTON, TEXAS
4
2O4O455874s S PEQIAL 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/IOU 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
i
'
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 andlor 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 andtor 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 end 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 I . ., ' : f -
r ilbur R Cleaves,Managing Part•;s r
Address of Grantee:
Virginia Parrish Cleaves,Trustee
13055 Hunters Breeze
San Antonio,Texas 78230
2
{
,
t
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
IVEN UNDER Y HAND AND SEAL OF OFFICE, this the day of
2Q�4
STAMP NAME AND EXPIRATION ,..., �,4IS.
DATE OF COMMISSION BELOW NOTARY PUBLIC IN A
7 1
THE STATEOF TEXAS
.tt ,VMCi rUvEoxfpTr,
January 24,2007
After..recor inq,please return VW
Jennifer M.Etske$
Chamberlain,Hrdlicka,White,Williams&Martin .
1200 Smith Street,Suite 1400
Houston,TX 77002
0475680 01
004092-000000
3
•
•
`[FL
ft
]
• ♦
♦
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 452-64, 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 4,1 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
36,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 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
FEED At BM
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
Moy,6741„ ,
2 :51 AM 2004045567
Mary Ann Doigi � ouTE CLERK
6AL4
16 4
Ette 11 14 : 4pg
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 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 time any and all leases, restrictions, covenants,
conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if
1
w .a Fwl ft H 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 ,. otA,
I ur R Cleaves,Managing Partner
Address of Grantee:
Catherine Cleaves Mahon
1605 Rabb Road
Austin,Texas 78704
2
I V.yam,...*...*...
r
f
1.
THE STATE F TEXAS §
COUNTY OF CA-z-"` §
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
,s,,,,\Ittiy
IVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
STAMP NAME AND EXPIRATION ; ri
DATE OF COMMISSION BELOW NOTARY PUBLIC.IN AN
THE STATE OF TEXAS
,,.���r rrj�'<<t UULINDA I OONZA WW
. if:',.. FF MY Commission Er os
city 24,3007
After recording,please return to: PAM
Jennifer M.Eiekes
Chamberlain,HrtIlleka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 11002
0475495 01
O040 2 0O0000
3
k--
J
0'
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 Dames,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 4 -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 Pi 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 09 acres of
land,more or less
FILED ' REirE14
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
Plafiiramt, ' f.'s.
2€04 JUL 09 09:51 AM 2004045588
Nary AnnKERNe e :,r M CLERKEVES ON,
4
"
EAC M04045509 Pix
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
1 § 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 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 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-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 and all leases, restrictions, covenants,
conditions,liens,encumbrances,reservations,easements,and other exceptions to title,if
1
1.
1•
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-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
e,likk (Ape' r
r bur R Cleaves,Managing Partner
i\
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
I IV UNDER MY HAND AND SEAL OF OFFICE. this the a day of
STAMP NAME AND EXPIRATION lb. lei
DATE OP COMMISSION aaLow NOTARY - •;• IN AND FCPir
THE STATE OF T XAS
‘4'*1 WON State et Twos
. 1 NAY C "�4,2�7
pnttatV
'61154.:
After recorOnr:Please retur to: pAgo
Jennifer M.Elskes
Chamberlain,Hrdlicka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
0475073 01
004092-000000
3
♦ d
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 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 45 4-56 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 line of the John Dickinson Survey,
THENCE North 4 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 PA
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
747 ((!art, , I
2004 JUL 09 09;51 #M 2004045589
Maryt� KE �eRN_Sslog
�
An CLERK
SALVESTON, EMS
,
RC 4)4559O4s
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 010 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 21 t00% of Grantor's undivided ore-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 tern'i"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
•
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
VA44k By 1 �' 4 rd�
itbur R.Cleaves,Managing Partne-
Address of Grantee:
Melissa Cleaves Benson
4400 Hanover
Dallas,Texas 75225
2
•
•
•
•
•
•
•
THE STATE o EXAS §
TY OF
� �N
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
•
j EN UNDER MY HAND AND SEAL OF OFFICE, this the day of
2004
•
•
5,•
STAMP NAME AND EXPIRATION 0-04 OF COMMISSION BELOW NOTARY PUBLIC IN AND '0
THE STATE OF T E AS
•
1 ..
(.0*
BELINDA$ GONZALEZ
Notary Po►tio,$toto of Texas
• MyCommissio Elvin
January 201,2001
•
•
•
After reqqrding,please a return to:
PAC
•
Jennifer M.Eiskes
•
•
Chamberlain,lrdllcka,White,Williams&Martin
1200 Smith Street,Suite 1400
Houston,TX 77002
04798 01
004092-000000
3
Exhibit"A"
Being all that certain tract or parcel of land out of the Mary Fabreau Survey,Abstract No
09,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 454-58 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 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 El Williams Survey to the PLACE OF BEGINNING,containing 97 00 acres of
land,more or less
FILED O F&" ? I
OFFICIAL PUBLIC RECORDS (F REAL PROPERTY
Pattie arra
2004 JUL 09 0 9;51 ill 200404 i90
KERMA $15.00
rY Ann Daigle ,COUNTy CLERK
GALVESTON,
4
•
American Tide Co.
349 E Perkwood 281-9964139
Frieadswood,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 m
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 rights and interests in and to all oil,gas and other minerals m, 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 rights 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 drilling 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 m 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 m 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,
(ii) 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 materials 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,
(iii) 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 inquiries and investigations as it deems necessary,desirable,or appropriate 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 inquiries 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(i)
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
r '
(vu) 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
(inn) 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. Counterparts. 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 in 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 restrictions set forth herein,together with all and singular the rights
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
i
a
EXECUTED on the date fiflhe ac o ledgment set forth below to be effective
for all purposes as of then' day of yv
GRANTOR
ESTATE OF GEOR A BOFYSIL,JR
fi..
By c
Sherry B Ang ,
Independent Co-Executrix of the
Estate of George A Bofysil,Jr
.0/
By -4t0"1`eNJ-
Geor Graugn.7•,
Independent Co-E -cutrix of the
Estate of George A Bofysil,Jr
STATE OF TEXAS §
§
COUNTY OF FORT BEND §
PC
e o instrument was acknowledged before me this -
The forging g % — day of
,2010,by Sherry B Angelo
(Seal and Expiration Date)
t(-,' /.,,,,,4- )
=k '`'!.-MA©EUIE J.SCHl�l1AKERI Notary Public
4 . State a Tex
4.4t .krf;
. ., Be 03:s _i
STATE OF TEXAS §
§
COUNTY OF FORT BEND §
The foregoing mstrument was acknowledged before me this 3-9 -- day of
//1 V ,2010,by Georgia B Graugnard
(Seal and Expiration Date)
4,,,(2
ca" AN �S * � R
Notary Pub
5.I; Wary tom,
t4� She of
,F artia 03-31-13 7
HOU 3059373 5
r
GRANTEE.
Yellowstone ill o - • ,e-'ing,LLCsea ,
a Texas Limi ed La.+ �� •• • y
By
�/
r
Name, Charles Gregory s
Title Manager
STATE OF TEXAS §
COUNTY OF GALVESTON §
The foregoing instrument was acknowledged before me this a, day of
, 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)
o� Y . PAULINE JOHNSON
41-T14 My Commission Expires iNotary Public December 14,2012
���..,.
RETURN TO
American Title Company of Houston
349 E.Parkwood Drive
Friendswood,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
1 +
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
HOU 3059373 5
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 1366 of the Galveston County
Map Records, at the Southeasterly comer 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 Frtendswood 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
9;P—' 1P3
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 S43 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 corner 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 mm-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 min-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 Y2 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 ruin,-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
4193
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
2-1 .-- IZI
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) 9913849 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 instrument(s)
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
instruments) 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 line(s),etc,easements as shown by the
recorded plats of subdivisions, by instrument(s) recorded m 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 Shendan,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 m 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 I`,`,.
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 boundaries of a public or private
roadway, where dedicated or not including but not limited to any portion described in
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
nghts 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
nghts 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 m 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
b -
3 Subject to the following item(s) as shown on survey dated July 30, 2010 prepared by
Scott R Sheridan,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 hes within the roadway
c Overhead electric,towers and guy anchors affecting Tract 1
C-3;12,N Exhibit B-Page 3
I
HOU 3059373 5
•
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
717.1v14 ,44,4
2010059686
December 01, 2010 01 41 12 PM
FEE $76 00
Mary Ann Daigle, County Clerk
Galveston County, TEXAS
THIS SKETCH IS INCORPORATED BY
`�`a/ • o°�, REFERENCE AS A BOUNDARY EXHIBIT
RESIDUE 194.21 ACRE TRACT "A" ��a,`a0
YELLOWSTONE HILL COUNTRY , T�''0'' VICINITY MAP
RANCHING L.L.C. 4typ•G k 7
C.F.#2010059686 II,� 60. ^\ry`J�. (NOT TO SCALE)
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S''N 'I \ CONSTANCE CLEAVES BRAKEBILL .kI Il = �� ��i4:::`' •`�
4��p� M FABREAU SURVEY A-69 N'/ 4" �'�ua ,��\��%��
J�� c� CALLED 97.00 ACRES ���� ��� ,�
\�eG���� \ k•
C.F.#2018062322 `���♦�� ,.„ =nn1n/�', •� ,„•
SAN JOAQUIN ESTATES ���` 111110. ;� - �4.1.
4,4
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N.
SECTION THREE s}r` ,0�' �o'VOL 17, PG 63 / ■■ SITE
MAP RECORDS 'i' i /" ■■ram•
5,9��. LAKE AREA ^� t�i.,O, 1�i ■■■■■■■nlut
69f6`ti \ LEGAL DESCRIPTION
` TRACT 1:
ilk vr
• r A TRACT OF LAND CONTAINING 59.5277 ACRES (2,593,027
SQUARE FEET)OF LAND,MORE OR LESS,BEING A PORTION OF
\� A CALLED 194.21 ACRE TRACT DESCRIBED AS TRACT"A"AS
\i. 1 t 1w CONVEYED TO YELLOWSTONE HILL COUNTRY RANCHING LLC IN
s 'A6. MIMncI2 CLERK'S FILE NUMBER 2010059686 OF THE GALVESTON
2,593,027 Sq..Feet F!R
'r,. \ij, 59.5277 A9res / VA COUNTY DEED RECORDS, SAID 59.5277 ACRE TRACT BEING
THE LAKE AT SAN JOAQUIN �.3`,_.,6+ PT CALLED 194.21 ACRE TRACT "A" FURTHER DESCRIBED BY METES AND BOUNDS AS ATTACHED.
SECTION ONE Q ti" C.F.#201pt�59686 ,,' TRACT 2:
VOL 18, PG 1302 z F A TRACT OF LAND CONTAINING 26.9206 ACRES (1,172,660
MAP RECORDS N "� .—,�.--r ¢� SQUARE FEET)OUT OF AND BEING PART OF A CALLED FIRST
,,,:e"tis� ,. /fr, . TRACT CONVEYED TO GEORGE A BOFYSIL,JR AS RECORDED IN
`' CLERK'S FILE NUMBER 8537569 OF THE OFFICIAL REAL
ill �c/��AN- P����G��S �� PROPERTY RECORDS OF GALVESTON COUNTY, TEXAS AND
1 ��� e''� o�'� BEING SITUATED IN THE I&G N R R,SURVEY NO 5,ABSTRACT
•
'� �cj, NO 622, GALVESTON COUNTY, TEXAS, SAID 26.9206 ACRES
i�� a`1, BEING DESCRIBED AS TRACT "B" AS CONVEYED TO
��'..99 p'S YELLOWSTONE HILL COUNTRY RANCHING LLC IN CLERK'S FILE
/ 8' ••`'' C9 NUMBER 2010059686 OF THE GALVESTON COUNTY DEED
9�'' P.oda"�cr�� RECORDS,AND BEING FURTHER DESCRIBED BY METES AND
1,172,660 SQUARE FEET BOUNDS AS ATTACHED
26.9206 ACRES c, rn
TRACT"8"
C.F.#2010059686 ` /1/A
J ��•/,(Fc/ ) WESLEY WEST CATTLE CO DATE 07/09/2019
I & GN RR SURVEY A-608
oRR, 4. CALLED 456.02 ACRES
THE LAKE AT SAN JOAQUIN o r; C.F.#9205621
SECTION TWO 1 '! vy
PLAT RECORD 2009A MAP 3 }! o STERLING CREEK LAKE TRACT
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__ SURVEYING AND MAPPING
♦ Fes) EMAIL:orders@prosurv.net
Feuer S 88.06'28"W 927 38 T.B.P.LS.FIRM#101 19300
P.O.BOX 13GG
FRIENDSWOOD.TEXAS 77549
PHONE:281-95G-1113
CONTACT:TIM LESAK,RPLS
BOFYSIL GEORGE A EST rJ 2019 PRO-SURV,ALL RIGHTS RESERVED
ABST 622 I & GN RR SUR SEC 5 TR 1
RESIDUE CALLED 226.976 ACRES
SHEET 1 OF 3 c.F•#8537569
PRO -S URV
SURVEYING AND MAPPING
EMAIL:orders@prrsur.neE
T.6.P.t.S.rIRMv1#101 19500
P.O.DOX 136G
PRIENDSW000,TEXAS 775,19
PIIONE:281-99g-III 5
CONTACT:TIM LESAK,RPLS
0 2015 PRO-SURV,ALL RIGHTS RESERVED
METES AND BOUNDS DESCRIPTION
59.5277 ACRES(2,593,027 SQ.FL)TRACT OUT OF
LOT 4,BURGESS SUBDIVISION
MARY FABREAU SURVEY,ABSTRACT G9
HARRIS COUNTY,TEXAS
A TRACT OF LAND CONTAINING 59.5277 ACRES(2,593,027 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 201 0059GeG OF THE GALVESTON COUNTY•DEED RECORDS,
SAID 194.21 ACRE TRACT"A"BEING OUT OF AND A PART OF LOTS 1-3, 3-1 C AND 19-20 OF THE DAVID
FAI EY SUBDIVISION AS RECORDED IN VOLUME 1 I S, PAGE 417 AND ALSO BEING OUT OF AND A PART OF LOT
4 OF THE BURGESS SUBDIVISION AS RECORDED IN VOLUME 1 19,PAGE 14,BOTH SUBDIVISIONS BEING
SITUATED IN THE GEO PATTERSON SURVEY,ABSTRACT NUMBER C45 AND THE MARY FABREAU SURVEY,
ABSTRACT NUMBER G9, GALVESTON COUNTY,TEXAS SAID 59.5277 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 5/5 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 1 94.2 1 ACRE TRACT"A",
BEING IN THE NORTHERLY LINE OF A TRACT AS CONVEYED TO WEST CATTLE COMPANY IN CLERIC'S FILE NUMBER
9205G2 I AND BEING THE SOUTH CORNER OF A TRACT AS CONVEYED TO CONSTANCE CLEAVES BRAKEBILL IN
CLERK'S FILE NUMBER 20 180C2322;
THENCE SOUTH 43°42'42"WEST,ALONG COMMON LINE OF SAID WEST CATTLE COMPANY TRACT AND SAID
TRACT"A*,A DISTANCE OF I,220,C4 FEET TO A CAPPED IRON ROD FOUND FOR 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 TRACT"A",A DISTANCE OF 194,4 I FEET TO A CAPPED IRON ROD FOUND AT THE MOST
NORTHWESTERLY CORNER OF SAID WEST CATTLE COMPANY TRACT AND BEING THE EAST CORNER OF A CALLED
2G.92 ACRE TRACT DESCRIBED AS TRACT"B"IN SAID DEED TO YELLOWSTONE HILL COUNTRY RANCHING LLC;
THENCE NORTH 4G°17'26"WEST,ALONG THE NORTHEAST LINE OF SAID TRACT"9",A DISTANCE OF I,389.92
FEET TO A 1/2 INCH CAPPED IRON ROD SET FOR THE NORTHWEST CORNER OF SAID TRACT"B"AND BEING AN
ANGLE POINT of THE HEREIN DESCRIBED TRACT,SAID POINT BEING ALSO THE MOST EASTERLY NORTHEAST
CORNER OF THE LAKES AT SAN JOAQUIN,SECTION ONE AS RECORDED IN VOLUME 18, PAGE t 302 OF THE
MAP RECORDS OF GALVESTON COUNTY,TEXAS;
THENCE NORTH 4C°22'2.5"WEST,PASSING AT A DISTANCE OF 527.47 FEET THE NORTH CORNER OF SAID
SUBDIVISION AND BEING THE EAST CORNER OF SAN JOAQUIN ESTATES SECTION THREE AS RECORDED IN
VOLUME 17,PAGE G3 OF THE MAP RECORDS OF GALVESTON COUNTY,TEXAS AND CONTINUING FOR A TOTAL
DISTANCE OF 539.C9 FEET TO A 1/2 INCH CAPPED IRON ROD SET AS A POINT FOR CORNER,BEING IN THE
SOUTHEAST LINE OF A GO.00 FOOT WIDE ELECTRIC EASEMENT AS CONVEYED TO COMMUNITY PUBLIC SERVICE
COMPANY IN DEED RECORDED IN VOLUME 17 15,PAGE G9 OF THE DEED RECORDS OF GALVESTON COUNTY,
TEXAS;
THENCE NORTH 43°45'17"EAST,TRAVERSING SAID TRACT"A"ALONG THE SOUTHEAST LINE OF SAID 60.00
FOOT WIDE EASEMENT,A DISTANCE OF I,222,09 FEET TO A CAPPED IRON ROD FOUND AT A POINT FOR THE
NORTH CORNER OF THE TRACT HEREIN DESCRIBED,SAID POINT BEING ALSO THE WEST CORNER OF SAID
BRAKEBILL TRACT AND AN INTERIOR CORNER OF SAID TRACT"A";
THENCE SOUTH 4G°I G'2 I"EAST,ALONG THE COMMON LINE OF SAID BRAKEBIL.L TRACT AND SAID TRACT"A",A
DISTANCE OF 2,123.10 FEET,RETURNING TO THE POINT OF BEGINNING AND CONTAINING 59.5277 ACRES
(2,593,027 SQUARE FEET),
SEE PROJECT#PS 1901 108 FOR DRAWING OF ABOVE DESCRIBED TRACT AS PREPARED BY PRO-5URV,LLC,
1'.O.BOX 13CC,FRIENDSWOOD,TEXAS,7754G,PHONE(251)99G-1 1 13,
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SHEET 2 OF 2
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 Clerks 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 la, 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 "RI 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 41'5231" 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 194.2I-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,
;714p.
2006 East Broadway, Suite 103 A—)
Pearland, Texas 77581 Michael D.Wilson, R.P.L.S,
(281)485-3991 Registration No.4821
Job No. 18-148
TBPLS Firm No. 10014900
051 IS
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MICHAEL D. \NUN
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representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user:(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof,'
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representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user.(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof
and(3)releases the City of Friendswood from any damage,loss,or liability arising from such use.
•A o`�� City of Friendswood
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Disclaimer:This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents
only the approximate relative location of property boundaries.Gov.C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood makes no
representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user.(1)accepts the product AS IS,WITH ALL FAULTS,(2)assumes all responsibility for the use thereof
and(3)releases the City of Friendswood from any damage,loss,or liability arising from such use.
:A:-swoop City of Friendswood
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i;2.r;4 i+ Friendswood,Texas 77546 r i e n s vv o oIViapping
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Exhibit "B"
AVALON AT FRIENDSWOOD
PLANNED UNIT DEVELOPMENT
AMENDMENT NO. 1
+ 156.47 Acres
Prepared For:
Taylor Morrison
PREPARED BY:
ez/
PLANNING + DESIGN
24275 Katy Freeway, Suite 200
Katy, TX 77494
APPROVED: May 2019
AMENDED: September 2019
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 e Planned Unit Development(PUD). The purpose
of the PU[} District is to encourage flexibility in the development of land, promote the
most appropriate uses, and encourage a cohesive residential development. This PUO
will establish development regulations and standards that will ensure quality
development, consistent with the intent of the FhendsvvoVd Subdivision and Zoning
Ordinances.
Location and Existing Conditions
The Avalon at Fhendsvvood PU[} is located on a± 158.47 Ac. tract located west of West
Blvd, situated between the West Ranch subdivision to the east and the Friendsvvood
Lakes subdivision to the west. The subject tract is bisected thru the middle by
Friendovvood Lakes Blvd and e portion lies along the city limit line of the City of
Friendsvvood and City of League City. An existing lake sits on the southern side of the
tract, south of Friendovvood Lakes Blvd and the remainder of the tract is currently
undeveloped. See Exhibit A—Aneo 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 faotony, the proposed Avalon at Friendmvvood
development will be a suitable use for the tract.
^
META Planning+Design 3
PROJECT DESCRIPTION
Character of Community
Avalon atFriendovvood will be a gated, residential neighborhood with both residential
and recreational character. The PUD will create flexibility in the design vvhi|o still
maintaining a high quality and cohesive oornrnunUv. A high level of architectural
character and design aesthetics will be utilized throughout the development. These
elements ensure the p 'eot'ootrong. cohesiveohanaoterandmenaeofoonmrnunitv. The
project will incorporate lake areas, green spaces and walkways 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 mix of lot sizes and general site layout. The project ino|udese �
circulation of local residential streets' with a single thoroughfare, Friendsvvood 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. Furthermore, the number
of lots and lot sizes may be adjusted based on market demand et the time of
development. A change of lots and/or lot size of up to ten percent(10%) will be
permitted with staff approval. Any change over ten percent (1O96) will require City
Council approval. 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 (SFF) in the City ofFhendsvvood code of
ordinances are permitted within this tract.
META Planning+Design -4-
III. DEVELOPMENT GUIDELINES
Unless otherwise outlined in this document, all City of Friendswood 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-
1.
Units Lot Area Minimum Setbacks
Per (Minimum Lot Width Height Parking Zero Lot
Acre Sq.Ft.) Front Interior Corner Maximum Requirements Line Maximum Lot
(Ft) Rear(Ft) Side(Ft) Side(Ft) (Ft) (per Unit) (Y/N) Coverage
25
Single (TYp)/
Family 20(cul
Residential 4.5 7,200 60 de sac) 15 5 10 40 A Y 65%
25
Single (Typ)/
Family 20(cul
Residential 4 8,400 70 de sac) 15 5 10 40 A Y 65%
25
Single (Typ)/
Family 20(cul
Residential 3.5 9,600 80 de sac) 15 5 10 40 A Y 65%
25
Single (Typ)/
Family 20(cul
Residential 3 10,800 90 de sac) 15 5 10 40 A Y 65%
A- Parking is required in accordance with the Parking Group Table in the Design Criteria Manual
2) Lake Lots
1. On lots that back up to a lake or detention area, the rear 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. Buildings and other
structures, plantings, flower beds and other landscaping are not
permitted in drainage easements. Fences are allowed in the
easement so long as gates are installed in the side fences that
extend across the easement down to the water.
3) Cul de Sacs and knuckles
1. Cul de sacs must have a minimum of a sixty (60) foot right of way
radius.
2. Cul de sacs must not exceed 900 feet when measured along the
centerline from the nearest intersection. However, the following
condition applies:
a. Adequate water pressure for potable water needs and
firefighting capabilities shall be provided
META Planning+Design -5-
4) Points ofAccess
1. Any development over (75) lots must have two points
of access.
e. A second point of access may be provided thruthe
following methods
i. Public orprivate right ofway
ii. Boulevard entrance
iii. An access easement with a crash gate and
connecting to public right of way with approval from
the Fire Marshal.
5) Gated Development
1. Agmted community is perrn)tted, subject to all applicable
standards. In e gated community, all the streets will be private.
O) Lake/Detention Maintenance
1. On lots that back up to a lake or detention area, the rear property
line will extend to the lake edge.
2. An easement will be established at the rear of the lots to allow for
rising water during periods of heavy storm water detention.
Fences are allowed in the easement oo long os gates are installed
in the side fences that extend across the easement down tothe
water.
S.gnage
Signoge within the PUD will conform to the City ofFriendsvvood Sign Ordinance with the
following exceptions:
1) Temporary signs used during construction of the development recognizing builders,
architects, engineers` leasing representatives, lenders, etc. must all be tastefully
diap|ayedon4' x8` vortice| eiAno. A|| ternponerysignsrnustberemnovedvvhenthe
principle building on the applicable building site is occupied. Additional temporary
builder 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 ie8O96complete.
2) Neighborhoodnnonurnentotion
o. Neighborhood monumentation is permitted within the parameters set forth in
the City ofFriendsvvoodoignageordinance.
META Planning+Design -6-
Amenities
Lakes and Open space areas account for approximately 26% of the gross acreage of
Avalon atFriendswood. The open space calculation includes all parks, landscape �
reserves, landscaped right of ways, pipeline easements, drainage easements, trails, tot
lots, lakes, detention and drainage area, etc. The proposed open space amenities and
the acreages are asfollows:
Open Space Amenity Acreage*
Lakes/Detention +/-27.0
Easements +/-4.9
Landsoape/Dpen8paoe +/- 9.3
TOTAL +/-41.2
*All acreages are preliminary and subject tochanges as development occurs
In addition to the recreation and open space areas listed above, the development will
comply with all applicable City ofFriendovvood Parkland Dedication requirements and/or
Parkland Fees.
Phasing and Development
The development is intended to be constructed in 5 phases. The initial phase will consist
of approximately 50-60 lots and will be located south of Friendswood Lakes Blvd, on the
east side of the lake. Phase two will include approximately 2Uto 30 lots south of
Friendswood Lakes Blvd, on the west side of the lake. Phase 3 will include the
remainder of the lots west of the lake on the south side of Friendswood Lakes Blvd for a
total of25 to 35 |nba. Phase 4 will consist of approximately 50 to 80 |oba on the west half
of the land located north ofFriendavvood Lakes Blvd. The final phase will bethe
remaining lots on the east side of the tract north ofFriendsvvood Lakes Blvd. Phase 5
will have around 80 lots. It is proposed that there will be approximately 255-265 total lots
within the 5 phases. This proposed phasing ia based on preliminary projections, butthe
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. uptothe entrance of the Avalon atFriendovvood development. All platting
will be in compliance with the access requirements of the Subdivision Ordinance and
International Fire Code.
.V' EXHIBITS
Exhibit A—Area Map
Exhibit B—Conceptual Development Plan
META Planning+Design 7-
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TAYLOR MORRISON
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200 I
THIS DRAWING IS A GRAPHIC REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS N07 FOR OR
ti CONSTRUCTION PURPOSES.SAID DRAWING IS A SCANNED IMAGE ONLY AND IS SUBJECT TO CHANGE WITH:C;7A2RM:AMT:10Ti:
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LOT SUMMARY - FRIENDSWOOD AVALON
I 60'x130' 66 LOTS 25% AT FRIENDSWOOD
I
7o'x13o' 134 LOTS 52% ±156.47 ACRES OF LAND
I 9 0'x 1 3 0' 59 LOTS 2 3% prepared for
I ) TAYLOR MORRISON
TOTAL 259 LOTS
, ,,.''/, :, 24275 Kafy Freeway,Ste-200 I
3' THIS ORAIVING IS A GRAPHIC REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS NOT FOR COMPUTATION OR �.!y���/�,'y
CONSTRUCTION PUROSES.SAID DRAWING IS A SCANNED IMAGE ONLY AND IS 5UBIECT TO CHANGE WITHOUT NOTICE.META ♦+vg',</''' .�a Kafy,Texas 77494
7 PLAN."'DESIGN MAY Oq MAY NOT INTEGRATE ADDITIONAL INFORMATION PROVIDED BY OTHER CONSULTANTS,INCLUDING BUT j- •ill•, 4 Tel:28 1-8 1 0-1 422
NOT LIMITED TO THE TOPICS OF ENGINEERING AND DRAINAGE,FLOODPLAINS,AND/OR ENVIRONMENTAL ISSUES AS THEY RELATE TO
-O THIS DRAWING.NO WARRANTIES,E%Pq ESS ED OR IMPLIED,CONCERNING THE PHYSICAL DESIGN,LOCATION,AND CHARACTER OF THE COMIZEMEISEIMIEM
r FACILITIES SHOWN ON THIS MAP ARE INTENDED.ADDITIONALLY,NO WARRANTY IS MADE TO THE ACCURACY OF THE INFORMATION
9y CONTAINED HEREIN. SCALE
�� MTA-471 1 A
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U�Y 3 1,2019
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DESIGN ,