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HomeMy WebLinkAboutOrdinance No. 2019-42 (Title: An ordinance amending the zoning classification for a tract or parcel containing 43.0673 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, along the future Friendswood Lakes Boulevard, as more fully described herein, to change Single Family Residential(SFR)to Multi-Family Residential—Garden Home District(MFR- GHD). ORDINANCE NO. 2019-42 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 43.0673 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,ALONG THE FUTURE FRIENDSWOOD LAKES BOULEVARD; AMENDING THE ZONE CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL (SFR) TO MULTI-FAMILY RESIDENTIAL — GARDEN HOME DISTRICT (MFR-GHD); 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. * * * * * X X * * * WHEREAS, Yellowstone Hill Country Ranching, LLC, represented by Charles Gregory Evans, is the Owner of 43.0673 acres of land out of a called 194.21 acre tract of land known as Tract "A" as conveyed to Yellowstone Hill Country Ranching, LLC, in Clerk's File Number 2010059686 of the Galveston County Deed Records, said 194.21 acres being out of and a part of Lots 1-3, 13-16 and 19-20 of the David Fahey Subdivision as recorded in Volume 118, Page 417 and also being out of and a part of Lot 4 of the Burgess Subdivision as recorded in Volume 119, Page 14,both subdivisions being situated in the Geo Patterson Survey,Abstract Number 645 and the Mary Fabreau Survey,Abstract Number 69, Galveston County, Texas; said 43.0673 acre tract being fully out of and part of said Lot 4 of the Burgess Subdivision, Galveston County, Friendswood, Texas, as also depicted in Exhibit "A" incorporated herein by reference, (the "Property"); and WHEREAS, the Owner previously made application to the City to change the zoning classification of the Property from Single-Family Residential (SFR)to Multi-Family Residential- Garden Home District (MFR-GHD); 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 denial of the application, subject to any certain conditions made the subject of said recommendation; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations, restrictions, exceptions and conditions; and WHEREAS, City Council has determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this Ordinance complies with the applicable provisions of the City Charter, City Code and all other applicable laws; Ord No.2019-42 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and incorporated by reference, including the representations of Applicant, (as referenced in its Zone Change Application), the final report from the Planning & Zoning Commission, and the minutes of City Council, which City Council is specifically relying upon in adopting this Ordinance, as provided hereafter. Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map," is hereby amended, rezoning the Property identified in the attached Exhibit "A", from Single-Family Residential (SFR) to Multi-Family Residential-Garden Home District(MFR-GHD),but otherwise consistent and subject to the current Zoning Code,and related conditions contained therein. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of the Property, as described and as provided in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a brief description of the nature of the change. Section 4. This Ordinance shall in no manner amend, change, supplement or revise any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said Property as conditioned and described above. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more 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 Ord No.2019-42 3 shall constitute a separate offense. PASSED AND APPROVED on first reading this 4thh day of November,2019. PASSED, APPROVED, and ADOPTED on second and final reading this 2nd day of December,2019. ci� ike Fo ma Mayor ATTEST: .0."•% � e Melinda Welsh, TRMC . A : � x City Secretary • • .• I �t Ord No.2019-42 4 Exhibit"A" 1. Application 2. Deed 3. Metes & Bounds Description 4. Aerial Map 5. Location Map 6. Zoning Map Ord No.2019-42 5 , Exhibit"A" City of Friendswood — Community Development h4M14,,,1114 •\ ..',..,. 1‘,,-:, ,•, 910 S, Friendswood Drive Friendswood,IX 77546 Phone:281-996-3201 Fax 281-996-3260 / vvw.oLfrlendswood.tx.us ' Zone Change Application CURRENT ZONE OF PROPERTY: SFR TYPE OF ZONE CHANGE(check one): Land Use Change to Zone: MFR-GHD EJ Specific Use Permit Option I El Planned Unit Development Option 'I Eli Specific Use Permit Option 2 El Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: Platted Land—Plat Name: . • Lot: Block: , Unplatted Land—Attach a certified metes and bounds description .. . . • OWNER NAME: Yellowstone Hill Country Ranching, LLC phone:281-482-3034 Owner's Mailing Address: 770 South Post Oak Lane City: Houston State:TX Zip: 770,56 Fax Owner's Email Address: NA . . . . . AGENT'S NAME: Scott R. Sheridan, PE, RPLS, CFM Phone: 281-510-.8530 x.103 • ' " ' . . Agent's Mailing Address: PO Box I 549 . , • . . . ._ City: Alvin State: TX Zip: 1751.., Fax Agent's Email Address: scott@danielscottengineering.6orii . . . . 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 Frier) swood. The owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby request pp pva the Ci ouncil on the above identified zone change. Owner's Signature ......Jr..., 4 e, Date: (/-6, -17 , Agent's Signature: / .. ty. .,‘"?‘ Dte: (<•:;-/C:///c7 Application Number: Received By 0! ' ' - Received Date: ' (- -I Date of Public Hearing: 1 * IOfflJI/' Newspaper Notice: Property Owner Notices: ' - - e Sign on Property: Revised 10-20-15 Page 1 of 2 Aaarks*Tido Co. 349 E Porkwsod Z81.9964339 Frik*dkwood,TX 775 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, i SPECIAL WARRANTY DEED isms 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 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, B 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 Pabreau Survey, Abstract No. 69 and the other containing approximately 26 92 acres situated in the 1, & G. N R.R Survey No 5, Abstract No 622, located in Galveston County,Texas,which tracts axe 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 m 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 in, on and under or that may be produced from the Property, Grantor hereby waives and releases its rights to ingress and egress to and from said Property for the purpose of exploring for, storing, producing or otherwise developing said oil, gas and other minerals. Notwithstanding the foregoing to the contrary,Grantor reserves unto itself and its successors the 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, 012-9t-2002 of the Official Public.Records of Real Property of Galveston County,Texas(the"Access Easement")for the sole purpose of providing emergency vehicular access to and from the land owned by Grantor located south and west of the southern boundary of the Property and east of F.M.528("Grantor's Adjacent Land")by Grantor's agents and representatives and subject to the limitation that the Access Easement shall automatically be released and become null and void in 5 years. The Access Easement may not be assigned to any other person or entity (other than the heirs of the Estate of George A Bofysil, Jr. in any distribution of Grantor's Adjacent Land from the estate), shall not be used for any operating or development activities conducted on Grantor's Adjacent Land and may be reconfigured or relocated from time to time to accommodate development of the Property and/or as may be required in order to maintain access to and from Grantor's Adjacent Land to a public street, Any relocation or reconfiguration of the Access Easement shall be subject to the approval of Grantor and Grantee, which approval shall not to be unreasonably withheld, conditioned or delayed, provided, however, that any such relocation or reconfiguration affords reasonably equivalent usable physical access for the purpose for which the Access Easement is granted. Upon agreement of Grantor and Grantee to any relocation or reconfiguration of the Access Easement from time to time, Grantor and Grantee agree to execute and record an amendment to the description of the Access Easement showing the new location and configuration of the Access Easement and granting the Access Easement over such new location and releasing any area which is no longer subject to the Access Easement, D. Deed Restriction, Grantor hereby establishes and imposes against the portions of the Property located northwest of the northern boundary of Lot 20 of the David Fahey Subdivision,recorded in Volume 18,Page 417 of the real property records of Galveston County, Texas (the "Restricted Property") the following restrictive covenant which shall hereafter run with the land and burden the Restricted Property and all portions thereof. The Restricted Property shall only be used for residential purposes, provided, however, in no event shall the Restricted Property be 2 HOC 3059373 5 used for commercial use, apartments or for mobile homes (the "Use Restriction"),and provided further,however,that the current use of all or any portion of the Restricted Property for agricultural purposes may be continued until the Restricted Property is developed and used for residential purposes, whereupon the Use Restriction shall be applicable with respect to the portions of the Restricted Property so developed and used from time to time It is acknowledged and agreed by Grantor that the construction of streets and utilities and the grading of the land for residential development prior to construction and occupancy of residential structures shall not constitute a violation of the Use Restriction. The Restricted Property may be rezoned from time to time for any use not prohibited by the Use Restriction, The Use Restriction shall be for the benefit of all other property owned by Grantor in the area("Grantor's Remaining Property"). The Use Restriction shall be enforceable by Grantor and its successors and assigns as future owners of fee simple or leasehold estate title to all or any portion of Grantor's Remaining Property,any or all of whom shall have the right to obtain such relief as may be available in.law or in equity to enforce the Use Restriction and/or to recover damages for the breach thereof "AS I""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,ITVAC,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,03)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 iii 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, (iti) 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 ANT) 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 ordinanees, 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 (vii) GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INVESTIGATIONS, AND GRANTEE WAIVES, RELINQUISHES AND RELEASES GRANTOR FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS)OF ANY AND EVERY KIND OR CHARACTER,KNOWN OR UNKNOWN, WHICH GRANTEE MIGHT HAVE ASSERTED OR ALLEGED AGAINST GRANTOR, AT ANY TIME BY REASON OF OR ARISING OUT OF ANY LATENT OR PATENT DEFECTS OR PHYSICAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS,CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY,and (vui) GRANTEE ACKNOWLEDGES AND AGREES THAT THE WAIVERS,RELEASES AND OTHER PROVISIONS CONTAINED IN THIS DEED WERE A MATERIAL FACTOR IN GRANTOR'S ACCEPTANCE OF THE PURCHASE PRICE AND THAT GRANTOR IS UNWILLING TO SELL THE PROPERTY TO GRANTEE UNLESS GRANTOR IS RELEASED AS EXPRESSLY SET FORTH ABOVE. GRANTEE, WITH GRANTEE'S COUNSEL, HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS DEED, AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. F. CounterTarts. More than one counterpart of this Deed may be executed by the parties hereto,and each fully executed counterpart shall be deemed an original, the pages of which may be aggregated to form a single document. G, Binding,Effect, This Deed shall inure to the benefit of and be binding upon Grantor,its successors and assigns,and Grantee and its successors and assigns,and to the successors in ownership to any interest in the Property and 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 HOU3059373$ a i EXECUTED on the date 9nhe ac oti ledgment set fbrth below to be effective for all purposes as o'the „day of yv „.. rRKOR ESTATE OF GEOR. A BOFYSIL IR , y c 7,?.. Sherry B Ang , Independent Co-Executrix of the Estate of George A Bofysil,Jr Bar c_• Geor G<raugn , Independent Co-B entry(of the Estate of George A Bofysil,Jr STATE OF TEXAS § COUNTY OF FORT BEND § before me this 7 dayof The foregoing ins�ument was acknowledged �.. _4 ,2010,by Sherry B Angelo (Seal and Expiration Date) 'till► ..�........—,,,,,,,,,.►r ., �: r Jl iA l ja ..442,,Xt(r--4,„_,-- --) Notary Public „,: ". Vote cA Texa; ' `tip tiP?b‘1yz STATE OF TEXAS § § COUNTY OF FORT BEND § The foregoing instrument was acknowledged before me this a--7 — day of ./17 V ,2010,by Georgia B Oraugnard (Seal and.Expiration Date) /0`,- rr I otary Public 'i 41, Way PubiCa Stile ti „, .�„to, :• iK 1•13 7 HOU 1059373 5 r GRANTEE. Yellowstone ill o ,* . • ,,. mg,LLC, a Texas Limi ed Lia Byariigtie,w,'Ily Name, Charles Gregory : s Title Manager STATE OF TEXAS § § COUNTY OF GALVESTON § The foregoing instrument was acknowledged before me this ..V1 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) r4,(11 �` PAULINE JOHHNSOt My Corm}eslafl alcplr�slOcti4.4..... ....., Notary Public ,.. December 14,2012 w.r b am y * RETURN TO r American Title Company of Houston , 349 E.Parkwocd Drive Pnendswood,TX 77546 Attention.Pauline Johnson Ref: GF#1873-I 04 065 LIST OF ExHIBITS• Exhibit A—Property Description Exhibit B r-Permitted Encumbrances 8 .SOU 3059373 S SX'HIRIT 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 09,Galveston County,Texas with said 8,459,890 square feet being more particularly described by Metes and Bounds as follows COMMENCING 5 IN at a l3 Inch iron rod found at the North comer 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 Friendswood Lakes Section One recorded in Volume 18, Page 1176 of the Galveston County Map Records at the most Northerly corer of this tract, THENCE S 46 deg-22min-44 sec E, (called S 46 deg 3 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 Friendswood Lakes, Section One, the most Northerly corner of a called 2 0477 acre tract of land described in deed to Friendswood Lakes, Inc -in film code number 014-67-1510 and at an angle point of the hereon described tract, THENCE S 62 deg-06 nun 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 Friendswood Lakes,Inc In film code 014-67-1510 and an angle point of this tract, Exhibit A-Page I. --- HOU 3059373 5 .03 • 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 56 feet (called 820 80 feet), to a 6/8 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 ©f 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 corner of called 32 4763 acre tract and at an angle point of this tract, THENCE S 47deg -16 min-31 sec E (called S47 deg -18 min-18 sec) along the Southwesterly line of said Frtendswood 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 Frtendswood 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 847 deg 18 min-18 sec E), along the Westerly line of Sandy Lakes Boulevard,a distance of 59 91 feet(caned 60 00 feet)to an Iron rod with cap found at the Southerly comer of said Sandy Lakes Boulevard, at a point of curvature to the left and an Interior corner of the hereon described tract, THENCE In a Southeasterly direction around said curve to the left having a radius of 25 00 feet, a central angle of 90 deg-11 min-52 sec(called 90 deg-00 sec-54 sec) and an arc length of 39 36 feet (called 39 28 feet) to an iron rod with cap found at a point of tangency in the Southwesterly line of Fnendswood Lakes, Section Two and for an interior corner of this tract, THENCE S 47deg-16 min-50 sec E (called 847 deg -18 min-18 sec E), along the Southwesterly line of Frtendswood 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 Friendswood Lakes, Section Two, the Westerly corner of a called 9 801 acre subdivision which is under construction and to be known as the Dominion at Fnendswood Lakes and at an angle point for hereon described tract, THENCE S 47deg,-14 min-38 sec, E(called S 47 deg-15 min-55 sec, E), along the Westerly line of said proposed subdivision, distance of 673 35 feet(called 673,57 feet) to an iron rod with cap found in the Northerly line of a tract of land described in Deed to Exhibit A-Page 2 HOU 34593?3 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 843 deg -48 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 346 deg -18 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 843 deg-42 min,-50 sec W) along said Northerly line of the West Cattle Company tract,a distance of 1220 64 feet to a 5/8 inch iron rod set at an interior corner of the West Cattle Company tract and at an angle point of the hereon described tract, THENCE N 46 deg -17 min -30 sec,W(called N 46 deg-17 min-22 sec W)along an interior line of the West Cattle Company tract a distance of 194 41 feet to a 5/8 inch iron with cap set at the most Northwesterly corner of the said West Cattle Company tract, the most Easterly corner of a 26 92 acre tract to be known as"Tract B"surveyed at the time as this tract at angle point of this tract, THENCE N 46 deg-17 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 Vz inch iron rod found at the Easterly corner of The Lake at San Joaquin Section One recorded in Volume 18, Page 1302 both of the Galveston County Map Records, the Northerly corner of"Tract B"and at an angle point of the for the hereon described tract, THENCE N 46 deg -22 min,-26 sec W, along the Easterly line of said San Joaquin Estates, Sections One, Two and Three the Easterly line of Mission Estates, Section Three as recorded in Volume 18, Page 91 of the Galveston County Map Records and said Somerset Place, a distance of 4379 47 feet (called 4370 05 feet) to the Place of Beginning and containing 194 21 acres Exhibit A-Page 3 j)r) HOU 3059373 5 1 / 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 g 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 B, 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 1 302 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 40 deg -17 min-26 see B (called S 46 deg -18 min-02 see B), 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 BOO deg,-33 min-18 sec B (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 513 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 888 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 }IOU 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 11O13 30593735 III B, Permitted Encumbrances As to Tract A Community Public Service Company easement(s) as set forth and defined by instrunient(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 inst ment(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 Priendswood 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 Frx.endswood 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 Shendan,RPLS No 6171 6 • Southwestern Bell Telephone Company easements) as set forth and defined by instrument(s) recorded in Volume 2539, Page 556 and Volume 2645, Page 28 and Clerk's File No 9844780 of the Clerk's Records of Galveston County,Texas as shown on survey dated July 30,2010 prepared by Scott R Sheridan,RPLS No 6171 7 All those certain buffers,utility,drainage,water line(s),etc,easements as shown by the recorded plats of subdivisions, by instriiment(s) recorded in Volume 18, Page 1176 (Fnendswoad Lakes)and Volume 18,Page 1366(Frrendawood Lakes Section 2)of the Clerk's Records of Galveston County, Texas as shown on survey dated July 30, 2010 prepared by Scott R Sheridan,RPLS No 6171 8 A 1/2 royalty interest of all oil,gas and other minerals,royalties,bonuses,rentals and all other rights in connection with same set forth in instrument filed for record under Volume 653,Page 248,of the Clerk's Records of Galveston County,Texas 9 Terms,conditions and stipulations contained inthat certain Affidavit of Non-Production, as set forth by instrument filed under Galveston County Clerk's File No 9510390 Exhibit B-Page 1 459373 5 t_. • II • 10 The Texas Pipe Line Company easements as set forth and defined by instrurnent(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 invited 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 rights in connection with same as set forth in instrument filed for record under Volume 643,Page 367,Volume 965,Page 159 and Volume 997,Page 541,of the Clerk's Records of Galveston County,Texas Waivers of Surface Rights filed in the Clerk's Records of Galveston County, Texas under instrument numbers 2010048662, 2010048663, 2010048660,2010053392,20100533 89,2010053395,2010048659,and 2010048661 As to Tract B 1 Southwestern Bell Telephone Company easement(s) as set forth and defined by instruments) filed for record under Galveston County Clerk's Pile 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 in force in the city of any governing municipality • 2 Standard Grazing Lease dated as of May 19,2010 by and between the Estate of George A 13ofysil, 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 ‘0.441 H-TOU 305 3715 e-- • 3 Subject to the following items) as shown on survey dated July 30, 2010 prepared by Scott R Shendan,RPLS No 6171 Rights or claims,if any of fence(s)traversing the utility easement(s) Genesis pipeline markers across Tract I that lies within the roadway c Overhead electric,towers and guy anchors affecting Tract l (C3),'N Exhibit B-Page 3 itAp dri HOU 3059373 5 FILED AND RECORDED ►ov�alh �Yt �y''11 t �r ��++r� ��ii ��++ 1i h� oFF1CIc. PUBL I RECORbS rrt It'a f fi* g 201 59686 December 01, 2010 01 41 12 PM FEE $76 00 Mary Ann Daigle, County Clerk 3alvestan County, 'TEXAS • • PRO -SURV SURVEYING AND MAPPING EMAIL:ortier5@prosurv.net T.S.P,L.S.FIRM#10119300 P.O.BOX 13GG fRIENDSWOOD,TEXAS 77549 PriONE:25 I-99G-1113 0 201 5 PRO-SURV,ALL RiGt-ITS RESERVED METES AND BOUNDS DESCRIPTION 43.0G73 ACRES(I,57G,013 SQ.FT.)TRACT OUT OF LOT 4,BURGESS SUBDIVISION MARY FABREAU SURVEY,ABSTRACT G5 GALVESTON COUNTY,TEXAS 43.0G73 ACRES( ,87G,0 13 SQUARE FEET)OF LAND OUT OF A CALLED 154.21 ACRE TRACT OF LAND KNOWN AS TRACT'A"AS CONVEYED TO YELLOWSTONE HILL COUNTRY RANCHING LLC IN CLERKS FILE NUMBER 2010055G5G OF THE GALVESTON COUNTY DEED RECORDS, SAID 154.21 ACRES BEING OUT OF AND A PART OF LOTS I—3, 13-1 G AND 9-20 OF THE DAVID FAHEY SUBDIVISION AS RECORDED IN VOLUME I 18, PAGE 417 AND ALSO BEING OUT OF AND A PART OF LOT 4 OF THE BURGESS SUBDIVISION AS RECORDED IN VOLUME 113, PAGE 1 4,BOTH SUBDIVISIONS BEING SITUATED IN THE GEO PATTERSON SURVEY, ABSTRACT NUMBER 645 AND THE MARY FABREAU SURVEY,ABSTRACT NUMBER G5,GALVESTON COUNTY,TEXAS;SAID 43.0073 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: COMMENCING AT A 5/5 INCH IRON ROD FOUND AT THE NORTHWEST CORNER OF STERLING CREEK, SECTION 3, RECORDED IN CLERKS FILE NUMBER 201705588G OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, SAID POINT BEING ON THE NORTHEAST LINE OF SAN JOAQUIN ESTATES, SECTION 3, AS RECORDED IN VOLUME 1 7, PAGE G3, OF THE PLAT RECORDS OF GALVESTON COUNTY,TEXAS; THENCE SOUTH 48°1353"EAST,ALONG THE COMMON LINE OF SAID STERLING CREEK, SECTION 3 AND SAN JOAQUIN ESTATES, SECTION 3, AT A DISTANCE OF 823.27 FEET PASSING A 5/8 INCH IRON ROD FOUND AT THE MOST SOUTHERLY CORNER OF STERLING CREEK SECTION THREE AND CONTINUING ALONG THE COMMON LINE OF SAN JOAQUIN ESTATES SECTION 3 AND SAID TRACT"A"FOR A TOTAL DISTANCE OF 1,183.27 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR THE POINT OF BEGINNING OF • THE HEREIN DESCRIBED TRACT; THENCE NORTH 41°4001" EAST,A DISTANCE OF I 65.00 FEET TO A 5/5 INCH IRON ROD SET FOR CORNER, SAID POINT BEING LOCATED ON THE SOUTHWEST LINE OF THE EXTENSION OF GRACE CROSSING, A G0.00 FOOT PRIVATE INGRESS/EGRESS AND PUBLIC UTILITY EASEMENT,AS RECORDED ON SAID STERLING CREEK SECTION 3,SAID PLANNED EXTENSION OF GRACE CROSSING TO BE RECORDED IN THE PLAT OF SECTION FOUR OF STERLING CREEK SUBDIVISION; THENCE SOUTH 45°1353"EAST,ALONG THE SAID PLANNED EXTENSION OF GRACE CROSSING,A DISTANCE OF I G.03 FEET TO A POINT FOR CORNER; THENCE NORTH 41°4043"EAST,TRAVERSING SAID TRACT"A",A DISTANCE OF I,13 .G5 FEET TO A 5/8 INCH CAPPED IRON ROD SET FOR AN INTERIOR CORNER Of THE TRACT HEREIN DESCRIBED AND BEING IN THE EXTENSION OF THE NORTHEAST LINE OF AVERY LANE,A G0.00 FOOT PRIVATE INGRESS/EGRESS AND PUBLIC UTILITY EASEMENT; THENCE NORTH 48°131 7°WEST,ALONG THE SAID PLANNED EXTENSION OF AVERY LANE,A DISTANCE Of 374.9G FEET TO A 1/2 INCH CAPPED IRON ROD FOUND AT THE SOUTH CORNER OF LOT 8,BLOCK 1 OF SAID STERLING CREEK SECTION 3; THENCE NORTH 41'4043"EAST,A DISTANCE OF 135.00 FEET TO A 5/5 INCH CAPPED IRON ROD FOUND IN THE SOUTHWEST LINE OF RESTRICTED RESERVE"A"OF SAID STERLING CREEK SECTION 3 AND BEING A COMMON CORNER OF SECTIONS 3 AND SECTION 3-5 AS RECORDED IN CLERKS PILE NUMBER 2019025074; THENCE SOUTH 48°IG'5G"EAST,ALONG THE COMMON LINE OF SAID SUBDIVISIONS A DISTANCE OF 44.5G FEET TO A 5/5 INCH CAPPED IRON ROD FOUND FOR THE MOST SOUTHERLY CORNER OF SAID RESERVE"A"; THENCE NORTH 4 I cs4G'43"EAST,ALONG THE SOUTHERLY LINE OF SAID RESERVE"A",A DISTANCE OF 218.52 FEET TO A 5/5 INCH CAPPED IRON ROD FOUND FOR THE MOST EASTERLY CORNER OF SAID RESERVE "A" AND SECTION 3 AND BEING IN THE SOUTHWEST LINE OF THE EXTENSION OF FRIENDSWOOD LAKES BOULEVARD,BASED ON A WIDTH OF 100.00 FEET; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SAID SOUTHWEST RIGHT—OF—WAY LINE THE FOLLOWING FOUR(4)COURSES 1. SOUTH 49°0804"EAST,A DISTANCE OF 401.27 FEET TO A 112 INCH CAPPED IRON ROD SET FOR ANGLE POINT 2. SOUTH 45°1052"EAST,A DISTANCE OF 109.95 FEET TO A 1/2 INCH CAPPED IRON ROD SET FOR ANGLE POINT 3. SOUTH 45°0524"EAST,A DISTANCE OF 2G0.82 FEET TO A 1/2 INCH CAPPED IRON ROD SET FOR ANGLE POINT 4. SOUTH 45°0G'I 2"EAST,A DISTANCE OF G I 1.51 FEET TO A 5/8 INCH CAPPED IRON ROD SET CORNER THENCE SOUTH 41°5343' WEST, DEPARTING THE SOUTHWEST RIGHT—OF—WAY LINE AND TRAVERSING THE SAID 194.21 ACRE TRACT"A",ALONG THE NORTHWEST LINE OF A G0.00 FOOT COMMUNITY PUBLIC SERVICE ELECTRIC EASEMENT AS RECORDED IN VOLUME 17 I 5,PAGE KS OF THE DEED RECORDS OF GALVESTON COUNTY,TEXAS,A DISTANCE OF I,G71.79 FEET TO A 5/5 INCH CAPPED IRON ROD SET IN THE SOUTHWEST LINE OF SAID I 34.21 ACRE TRACT AND BEING IN THE NORTHEAST LINE OF SAID SAN JOAQUIN ESTATES SECTION 3; THENCE NORTH 48°13'55" WEST, ALONG THE COMMON LINE OF SAID 194.21 ACRE TRACT "A AND SAN JOAQUIN ESTATES SECTION 3, A DISTANCE OF 1,0G6.03 FEET, RETURNING TO THE POINT OF BEGINNING AND CONTAINING 43.0673 ACRES OF LAND,MORE OR LESS. SHEET 2 OF 2 <'/ XN, t'a�-D' ;': THIS SKETCH IS INCORPORATED BY REFERENCE f / ,i fAS A BOUNDARY EXHIBIT �\,�, f K fl \ `� `'\f . :Oki, \ >\ � 7. / VICINITY MAP -'. „;;� rt- STERLING CREEK \ S 48'16'56"E \` .,� / • •<,,.�,� \ �. \f 1w,�fr�4��:x�.. (NOT TO SCALE) �/ • \ S.To a Two 44.96 � �� C.F.201602t773 �. irk. ♦' ♦•� S, li ` tr S �••.,,r-.t.i,„-M.G., ♦ �/•♦� ♦."...:i4 4:44♦�► icit:::,;;,,141:30 i, 4 , /\ 'N \,)///,<, \ i 43\ N 1/// ,Ail ,...,tt• ',..4.4-4'...qtap-Aov s4,, • t STERUNG CREEK '`'�' 9' 4 • , `♦i•♦i ���i�.�i tt 17.1':�•v •��r f SECTION THREE 09 OS \, 4. �� i •i .♦ •',Pt c\ C.F�20i7055888 gS•�} \ ,��',���+�/! / l • \��tg. sF.}./ i �\ ��•��4. �'+����♦,�ti�7li�ti" j���ai�J/ --'</<\ N 2;;',./1-\\)/ O / Ei AL PLAT bF THE DO1IINION Ali _ •♦j•���i��Aji STERLING CREEK ,>> ?S c9 `� rw yi�i+i i`' ~ SECTION 3-6 �J \Od?7T• PLAT RECORD 20011A PACE 53,54 / ► ��i �lI♦��4�Ji•• \ \ \ GF.p20t902887t f 96`1. 2 \ i / ii►j'►ir'� iliir� ♦� �����' ,(/>\,,,,,, 5, / ;,./ ,\ , // \\\>:,..:"/<-,.„ - 7/ ' s ,s, --< /- 40„,.0 -.4,,,",,, ,—,,,-4,4-- --411.4,,ty l+- ! �\ �! _ ,� i 4) F �,� !* i4 \ i■■ LOT 9,BLOCK 2 Ae• /; ~ f p� rrrnrrrara F.C.#006-19.-1935 /...,,,,,,,,, f 6 O0'C tmligIlYPU IC513,4CE ♦ •� L'LELIKfC E%S�.'L'UT tn f �� 4GL.t 7 i 5,1,1.69 f 1,876,013 Sq.Feet G c.9.P• LEGAL DESCRIPTION MUNAWAR,SAMINA \\\S 48'13'59"E N. 43.0673 Acres A TRACT OF LAND CONTAINING 43.0673 ACRES LOT 10,BLOCK 2 `., `••16:03' PT C.F.#2010059686 (1,876,013 SQUARE FEET)OF LAND,MORE OR C.F.#2015072524 rift. \ �`. CONSTANCE CLEAVES BRAKEBILL LESS,BEING A PORTION OF A CALLED 194.21 ti�, ' M FABREAU SURVEY A-BR ACRE TRACT DESCRIBED AS TRACT"A"AS #' N Ki \ �;/ CALLED 97.00 ACRES CONVEYED TO YELLOWSTONE HILL COUNTRY , •U�\+,,417 � c,F.#2018062322 RANCHING LLC IN CLERK'S FILE NUMBER �* 2010059686 OF THE GALVESTON COUNTY DEED ����^, ry / RECORDS,SAID 43.0673 ACRE TRACT BEING ti°'°° ��4�'�`°� ''c5 \ y f FURTHER DESCRIBED BY METES AND BOUNDS `, AS ATTACHED. sp c,. �'�`�-,{,,,1 4,-41, �' X7� \`.� n`lti I ZEY SArl+-nECYSE�yER J�SEr.Er.T P 4g p iC '��y f c it0a5 G U2.FASt MENTGY.4tI T lJ©,/c, / z° acTTtE Clrr aF Fe:er<gv rooa�,0�1 �� 0%}: / r.C- 85-2a47 C.<,.F.�9316397) �i;,i, 9.. \\ i",,'J �gJ F.C.rOia-47-2242,C.C.P.i13523.2i v G•" ANT.MICHAEL J ,.6. c, / �` LOT 14,BLOCK 2 \ •°~/ STERLING CREEK F.C.¢005-67-1134 SAN JOAQUI ESTATESSECTION / Q,� / PHASE FOUR 17/63,M.R.G.C. CHEBRANIOUS AMIR R 0?� f DATE 07/10/201 9 LOT 15,BLOCK 2 \ /// RESIDUE 194.21 ACRE TRACT"A" F.C.#013-95-2604 f/ YELLOWSTONE HILL COUNTRY RANCHING L.L.C. C.F.#2010059686 PRO-SURV,LLC 15AFORK VINCE LOT 16,BLOCK 2 ♦ T.ii_P.L.S.FIRM#10119300 C.F.#2015033545 P.O.110X 1366,FRIENOSW0013,TX 775-19 \ PHONE::281-996-1113 FAX:281-99a 4,012 THE LAKE AT \ PROFESSIONAL SURVEY ANDRIAPPING SERVICES FUHRMAtiN MAUREEN LUCCI SAN JOAQUIN O 2019 1'RO-SUIRV-ALL RIC'd-LTS RESERVED LOT 17,BLOCK 2 SECTION 1 SHEET 1 OF 2 C.F./2005062884 /18/1302,M.R.C.C.\ PROJEC T7:PS[90G41U 1 -Niiiiiiiiiiiii. .. miiiiipporp.- p4.1.1.-110„ ._, 44 ■1, a CI)�- En livr,,,-,,,,tslirr. � ' '-'-' 41,,,O -1.11111 OAS' � ,p 1�CE5 ccs G1i O o GLE►-A ,,‹ 2., .. . F LO ®,,. , 011, O ' 7/,' ' \ Oc-) \ \-N . u) �` z, ' Q JQ' ,t, •4< /\\ _., a ' 0 •<, t:,,1/4,, /Ciq-' .4dihi-' - .,:y., ,,,. . .. '.(/‘ ti .. 70 11,z 4I ' o �' QF -k 4 t_ t ,L� P�,� vi, ;firs 41#4;.J.(, 0+ - ;Q,r4100. ‘Ci'11°7/ 440 -\', , , , ... , f''` 4 O 4' '4 kol,--,''' Jam / / ,. .,, ,./. ,, ‘ ,,, _ _ lop, ,.„- „ t S f Subject Property: r=, acres 100+4111111111:4t ..;-'''' ...-`+' 7 ill 0 _\,,\N„\\,.,_...,,,....._ .. ,,Ny../- ., ,: ., O. . '' ' -\ 4d>,. ,# 0\ ,, , .,, k ,,,,. ' - -- -At_ . , _ -,,, w.. . ' i'.1-:`-'.:..,:'''.",_ -L_ -'::'.... . -',.,"' ' '-:,,, ,,-2,- ': - \ -, ,..,i'.,,-,::, - .-: , .. .. ..:, , \._,,,,oe-,.,_,., ,,,.,._ ---.,„.,..,*,,,,,.,,,..,. .- .,.-.., \ -,-, - ,--------// \ , \, TtI Legend N., ,_>\ �M .... r `� -1 Streets • ¢, ' P..: ,` /`/ • P Lot Lines N.jtc: t -- /` oQ- `' CEIts SE INN Mil ies , av 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 fora 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. ,,��..:*'°Sw` City of Friendswood •-'" ?-- -;, 1 910 South Friendswood Drive _ ` - IViappingFriendsoexas77546rien svvoo (281)996-3200 �`'_= www.ci.Friendswood.tx.us 1 "=410 ` r,X , /.: /, %/, * . •O O 1-- •\. `�2 R/ oil, %F/ iir -41, -- 0 / 46 4 00 ,o ., ,,,, \\,,,, \ ,,,:-,-_,,---., ve. # .- , ,. /44Cp �O 4 4 -,4, �O 1 .\- ,k(. // --,:). r t-,G, ',, is \-.4)- ,-------' 'Is, 1'r 0- ,-----, -q-4- 40,164P,p-:, 44r4t‘a\ "' : 0,ct‘ ' iatif t lib':, (<-> A Q ,-__.q , -I3 z G . -96, 40' 'to'Pc'N .,V & ''/' 4' '9j Q . 4 ai'/ . \-i ' /;-/*.' 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I Single-Family Residential Dwelling District rn— \--' r Garden Home Residential District i 33,, 111111 Community Shopping Center District ci— Office Park District ?3 Planned Unit District 1z 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. Is swoop City of Friendswood w ,.. - ` ti. 910 South Friendswood Drive N - -''t,:-=-"' Friendswood,Texas 77546 k rien swooMapping (281)996-3200 :_`-- www.ci.friendswood.tx.us 1 '►- 821 ' TEX