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HomeMy WebLinkAboutOrdinance No. 2021-12 ORDINANCE NO. 2021-12 AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT ADJUSTING THE CORPORATE BOUNDARY LINES BETWEEN THE CITY OF FRIENDSWOOD, TEXAS, AND THE CITY OF LEAGUE CITY, TEXAS, INCLUDING 26.921 ACRES FROM THE AVALON DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND THE CITY SECRETARY TO ATTEST; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Avalon development currently straddles the corporate limits of the City of Friendswood and the City of League, with approximately 5 9.521 acres being in the corporate limits of the City of Friendswood, Texas and approximately 26.921 acres within the corporate limits of the City of League City; and WHEREAS, the 26.921 acre tract located in the corporate limits of the City of League City is less than 1,000 feet in width, and pursuant to Texas Local Government Code Section 43.015, adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, the City of Friendswood, Texas seeks to enter into an interlocal agreement with the City of League City, Texas in order to adjust their respective corporate boundaries, whereby League City will release 26.921 acres of land from the Avalon Development, (the "Property"), from its corporate limits to be relinquished to and become a part of the corporate limits of Friendswood and Friendswood will accept this land from League City to become part of the corporate limits of Friendswood; and WHEREAS,the City Council of the City of Friendswood, Texas,finds and determines that the exchange of boundaries is in the best interest of the health,safety,morals and welfare of the citizens of the City of Friendswood, and does, by this ordinance, approve such interlocal agreement,a true and correct copy of which is attached hereto and incorporated as Exhibit"A." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the City Manager and City Secretary are hereby authorized and directed to execute and attest, respectively, the Boundary Agreement by and between the City of Friendswood, Texas, and the City of League City, Texas, a true and correct copy of which is attached hereto and incorporated as Exhibit"A." Section 2. That the City Secretary is hereby directed to effectuate an amendment of the City's Official Map to incorporate the changes effected by the Boundary Agreement and to file copies thereof, along with a certified copy of this Ordinance, Agreement and Exhibits, with the County Clerks of Galveston and Harris Counties, Texas. Section 3. That this ordinance shall become effective upon its passage and approval. PASSED AND APPROVED on first reading this 5th day of A-=, 2021. PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of May, 2021. MfKE F O MAN MAYOR ATTEST: • I •° • • O • e• • e .0 LETICIA BRYSCH •, CITY SECRETARY •041� ••.,o...•• Q.•� OF-� Ord No.2021-12 2 EXHIBIT "A" INTERLOCAL AGREEMENT FOR BOUNDARY ADJUSTMENT BETWEEN LEAGUE CITY AND FRIENDSWOOD This Interlocal Agreement(the"Agreement")is entered on the date indicated below between the City of League City,Texas (the"League City") and the City of Fhendswood("Friendswood"),collectively known together as the "Parties" RECITALS WHEREAS, the Parties intend this Agreement to follow Chapter 791 of the Government Code, cited as the Interlocal Cooperation Act,and WHEREAS, the Parties are neighboring municipalities that currently share common boundaries,and WHEREAS,the Avalon Development currently straddles the corporate limits of the Parties,with 59 521 acres being in the corporate limits of Friendswood and 26 921 acres being in the corporate limits of League City;and WHEREAS, the 26 921 acres tract of land from the Avalon Development (the "Property") in League City which is subject to this Boundary Adjustment Agreement and fully described in Exhibit"A" attached hereto and incorporated herein for all purposes,is less than 1,000 feet in width,and WHEREAS, Texas Local Government Code Section 43 015 authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width,and WHEREAS, the Parties have determined that it is not feasible for the League City to provide services to the Property given its unique geographical layout;and WHEREAS,pursuant to Texas,Local Government Code Section 43 015,Friendswood and League City desire to adjust their corporate boundaries lines,whereby League City will release 26 921 acres of land from the Avalon Development, (the "Property"), from its corporate limits to be relinquished to and become a part of the corporate limits of Friendswood and Friendswood well accept this land from League City to become part of the corporate limits of Friendswood, NOW THEREFORE, for valuable consideration,the receipt and sufficiency of which is acknowledged,the Parties agree to the following terms TERMS 1 Incorporation of Recitals The recitals set forth above are true and correct and are hereby incorporated into this Agreement. 2 Term of Agreement. The effective date of this Agreement shall be on the date of execution by all Parties and shall continue until March 1,2041 Page 1 of 5 3 Adoption by Ordinance It is hereby agreed that the respective governing bodies of Friendswood and League City shall adopt by Ordinance this Agreement and its Exhibits on or before May 15,2021,making mutually agreeable changes in their corporate boundaries,in which League City shall release 26 921 acres of land from the Avalon Development, (the "Property"), from its corporate limits to be relinquished to and become a part of the corporate limits of Friendswood and Friendswood will accept this land from League City to become part of the corporate limits of Friendswood who will provide the required municipal services 4 Changes in Boundaries. Pursuant to Texas Local Government Code Sections 43 003 and 43 015, Friendswood and League City hereby agree that the boundaries between the cities will be adjusted as depicted in Exhibit `B",which is attached hereto and incorporated herein for all purposes The Parties agree to protect,preserve and defend the mutually agreeable changes in their boundaries as depicted above 5 Official Map. The respective governing bodies of Friendswood and League City shall take appropriate action to effectuate the terms of this Boundary Agreement through the adoption of an official map ("Official Map") showing their respective boundaries as required by Texas Local Government Code Section 41 001 6 Notice of Official Boundary Change. The Parties shall send to the clerk of each county in which the municipality is located a certified copy of this Agreement and Exhibits with the Ordinance adopting and authorizing the execution of this Agreement, and Parties shall file these documents in the deed records of Galveston and Harris Counties within thirty(30) days of adoption 7 Payment by Friendswood. The Parties agree that Friendswood shall pay to League City on or before March 1 of each year, an annual amount equal to fifty percent (50%) of the property taxes generated from the Property,with the first payment being due on or before March 1,2022,and the final payment being due on or March 1,2041 8 A_ssignment.No assignment of this Agreement,in whole or in part,for any purpose shall be made by either party without the written consent of the other party Subject to this hmitation,this Agreement shall bind and inure to the benefit of the successors and assigns of the Parties 9 Interpretation of Agreement.This Agreement or any portion thereof shall not be interpreted by a court of law to the detriment of a party based solely upon that party's authorship of the Agreement or any portion thereof 10 Severabihty If for any reason,any one or more paragraphs of this Agreement are held legally invalid,such judgment shall not prejudice,affect,impair or invalidate the remaining paragraphs of this Agreement as a whole 11 Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes all prior agreements, understandings and arrangements, oral or written, between the parties thereto with respect to the subject thereof 12 Governing Law and Venue This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas and the venue for any cause of action shall be brought in Page 2of5 Galveston County,Texas 13 Execution in Counterparts This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original and all of which together shall be deemed to one and the same instrument. 14 Joint Venture This Agreement is not intended to create, nor should it be construed as creating a partnership,association,joint venture,or trust. 15 No Waivers The waiver by any party hereto of a breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach 16 Current Revenues Available All parties agree that any payments that are made under this Agreement for government functions or services will be made from current revenues available to the paying party 17 No Third-Party Beneficiary Nothing in this Agreement shall entitle any thirty party to any claim,cause of action,remedy or right of any kind,it being the intent of the parties that this Agreement shall not be construed as a third-party beneficiary contract. 18 Force Majeure If by reason of Force Majeure,the City shall be unable in whole or in party to carry out its obligations under this Agreement in accordance with the terms and conditions of this Agreement,it shall not be considered a breach by this Agreement.The term"Force Majeure"as used in this Agreement shall mean acts of God, strikes,lock-outs,or other industrial disturbances,acts of public enemy, orders of any kind of the federal or state government, or any civil or military authority, insurrection, riots, epidemics, landslides,lighting, earthquakes, fires, hurricanes, storms, floods,washouts, droughts,arrests,restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals,the partial or entire failure of the City,or any other causes not reasonably within the control of the City 19 Immunity It is expressly understood and agreed that, in the execution of this.Agreement, the Parties do not waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions 20 Authority to Bind a Each Party represents and warrants for itself that this Agreement,in accordance with the requirements of the Interlocal Cooperation Act and that it has been authorized by its'respective governing body b Each Party represents and warrants for itself that the individual executing this Agreement on its behalf has the full power and authority to do so and to legally bind the Party to all the terms and provisions of this Agreement and that this Agreement constitutes the legal,valid,and binding agreement of each Party hereto Page 3of5 Executed this day of 2021 THE CITY OF LEAGUE CITY John Baumgartner, ICMA-CM,P E City Manager Attest: Duna Stapp, City Secretary Approved as to Form Nghlem V Doan, City Attorney THE CITY OF FRIENDSWOOD Morad Kabiri, City Manager Attest: Leticia Brysch, City Secretary Approved as to Form Mary Kay Fischer, City Attorney Page 4 of 5 Exhibit A Description of Property Exhibit Map showing mutually agreeable changes in Cites'boundaries Page 5 of 5 q•. FALCON RIDGE CURVE TABLE FND 5/8 I.R. SECTION TWO II „ CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENG N 49'58 w (VOL 18,PG 270) Exhibit A Cl 25.00' 9011'52 39.36'N 0442'28'IN 35.42' ,0' C2 2s.00' 8934.2y 39.23'S 85'54755"W 35.33' S Description of Property- -0- A 6 ' N�, 22 Tract 2 Only Li N 48T�53 W 194.41 r, AL ON DGE L2 S 481456 E 60.26 SECTION THREE L4 s o3vsii w 88.75 BLO 1 IFS rO*., OL 18 P 28 Q``2, Ls s 03-06 n E 195.46 2 F!P oJ. 24 \\ ) o WEST ANCH v L6 N 56'5016 E ta.49 � �• o _,o WEST LAKE 0' 200' 400' 600' L7 N 03'D617 i6 LOCK W 112.75 1 /� 5 e' f `,L SECTION TWO � ,9/ O 8 10 �v C7 4 h °"?soJ BIB 29 (PLAT REC 2012A SCALE 1"=200 �' D.I.R.W/ AU L LAK S F`fi O_ 27 ® �° M P NO 56-57) 6 1 G� CAPPRE STAMPED SECTION 5 DI.R.W//CAP 2 FND 5/8'I.R.3 ST ED'WILSON' 66'3 W 0 48 BLOC �P 22 (VOL 18, 11 RES7� D LEGEND 4 , �Fsx � 10 rp 4— 55 °?s ES�VF�,D,. L. ET 5/8 I.R W/CAP 8 �/I D.2 0I.GEOSURV' B q,tp CABLE TELEVISION PEDESTAL n 49e 8 '39 E 0 6 ■M FIRE HYDRANT �- 9 / •ull MANHOLE 19 1 Ku PIPELINE MARKER -*pp POWER POLE BLOCK 9 r 7 � OCK OUT UNDERGROUND TELEPHONE CABLE MARKER 2 yel•'`:989 6n/ t� m UTILITY VAULT O �� 5 wwV WATER VALVE a°•fr '�' t `� i AC. ACRES AGLE AKES °s 4>��c° 15 pp //���0��� I W EOW EDGE OF WATER t°cK 9°AF Ao / a y��4 ahh 0 0 I Is Z W ST R N H ESMT EASEMENT SECTION 6 'Q/ c.� y / J.m :3 - Q FND FOUND ' ORti<R / 5�4��,� aWP WEST LAKE G.C.C.F GALVEST'ON COUNTY CLERK'S FILE (VOL 1$,PG 7 O) 8 // rypGG,�GE rWIS I ,$ G.C.D.R GALVESTON COUNTY DEED RECORDS L o o �QIL by Z SECTION THREE G.GP.R RON PVEIPE COUNTY NAP RECORDS �Fsl� 7 O�•' //j// ry�G 2>-,*I N 5 PLAT REC 2013A, I.R IRON ROD ocK (hc` �Z=I a MAP 97-98) PG. PACE , / N / c�i a I ty PLAT REC. PLAT RECORD �QC.1,. 2' 9� // m �I Q P.0.9 POINT OF BEGINNING FRIENDSWOOD AKES !y k \`\/� /ti" I I > P.O.0 POINT OF COMMENCING G- v \/\ / I K J 50.FT SQUARE FEET SECTION 2 8 .0 / / I O VOL VOLUME (VOL 18,PG 13 6-13 7) t cK '� �P \12 ��/j// I I MBARBEL)WIRE FENCE 10 1 \\\ �Fg�/ I ti 10 ---1: WOODEN FENCE FND I.R W/CAP .a o WROUGHT IRON FENCE,UNLESS OTHERWISE STAMPED R.F EWS' NOTED FND I.R W/CAP SE` STAMPED HUITT- ��* 15 / I ZO S 60.0 E 042 BLOCK B4 /vp �60 Pp 8 FND W W/CAP, Y3 D I.R.W/CAP OCk STAIN HUITT-\ W O C2 n STAMPED F ES 1 2 /y ry STAMPED W BROMR(I 8 17 ZOLLA \\ \\ 1 / {c FNDN.R,W/CAP / 'bti GAY I STAMP\HU11T ma's 2 \ 20U.AR5\` FND I.R W CA INIO A 5 T HT- SAMPED wv STAMPED FRIENDSWOOD LAKE PP w�a � I r (PLAT REC 2011 A, / D 5/8 I.R. i 15 W / N 60'U9 E FND I.R W/CI4Pd ` \N s M P NO 53—54� / / 0 7s srAMPEo aRm Q \ 19 g /cTFp \\/gy`// a GAY I J WEST RANCH ��rn s� Ir N LAKESIDE \ o4ysa#�\\\\\`��°, �/� //Lr'// I a Q SECTION TWO D A VI D FAH EY S U B D I VI SIGN FS �rNF;�\\`` q' / 6�// Ira �' PLAT REC 2014A, �� 0 F T H E •s F9�^rolip FND I.R w/cAal Z MAP NO 54-55) M A R Y F A B R E A U S U R V E Y Fy�4act,''9s,�F���ye`rt\\\\\\`���s.// // CALLED 9700 AC. STAMPED SRgw�l (V O L 1 1 8, P G 4 1 5, G Q D R) FNyt N e49� `!y`\\\`` pp JANET CLEAVES AHORD TRUSTEE I H 10 r,°�F. m r \\�/ fND.I.R.W/CAP T° t I Fa- \ O'4 CYPRESS CREEK HOLDINGS LTD. ll 'C rp,Ft °J,>j, STAMPED RPLS j5585 ��c'*c 0 / /\\74.�517'E.0 77' (G.C.0 F#2011019071) 0, BLOCK TRACT A '�'o L,yF-9 (CALLED 1 .Ft 9421 AC.) ESTATE OF GEORTGE A.SOFYSIL.O �o'/ ��• \\\\\\\ YELLOWSTONE HILL COUNTRY RANCHING LLC / /Via` \``\\``\ lip 7 (G.C.C.F/201DO59686) \ / / 01'� �\\\\\ ar'1 / / ydorO�•� \\\\\\ FND I.R.W/CAP P O.B.- i \�hJa��� \ \\\\\\ (ILLEGIBLE) FND 5/8,I.R 27 pP\\ \\\ s CIE I 2p tl 25 20 p%i ra;74 4 4zv co F a I I C� FVNFO�.- SyiFNgnISFMF � a SIERRA AT o e FS s ri FN Ct NT Z W r c<°°U�°0L7be4 ONE w/ >+l e > WEST RANCH Tg \�� �G�'CCpiz:i,N7 80", i T dr I 1 Z °OIIP'rAs� � SECTION ONE v fG.cCFVYFceFwM� ��\°6joJ° $:I 'S-- (PLAT REC 2014A, �T7 Ac°PC \\\-\ FND LR w/dA 20 MAP NO 11-13) bo pcy /♦�/ 01,6&;k;KFR \ �` (ILLEGIBLE) I a �•�"/ti /� � Fq �� ��� arl 4, 18 TTB. pip `\ D i/Z I.R. 16 Fr • /,5 'tf� Z0 R ��7 LM """Q FRI DSW OD N a, // .��r//ryo�`�P 2 �� P sir s/a LR w/CAP AKES BOULEVARD Z O `�j // LryGG6 W ,�? v �J FND A 3/4 I v' (DOC NO N'� / / 93' S V 6 9 FND I.R W/CAP 2017 33870) �V)0.C-N FO-•- PED RALL m POWW W f ia 00 z(1r,esIl STAMPED'GEOSURV' to �•RO eS OttiJ f OZ�.-,�J P P 5 6�� s t�e�kFS \ O N Lri Y 0 S TRACT 1 M �,;" 9 Q U p O v 7 8 �9� P08—Ttt 2 59 521 Acres 4 y' BLOCK SIERR AT C C J r m 9 8'SET 5/8 I.R W/CAP (2,592,729 Sq Ft) �'. 2 WEST RANCH 6 STAMPED'GEOSURV' r• 4. 5 to ECTION TWO 5 s (DOC NO 6 11 2015077523) 4 w POND �x,5 FND 5/8 I.R 2` 5 7 day jh`' PARTITION AGREEMENT FIRSCALLEDT TRACT 7 t 3 �O 4 12 d� WESLEY WEST ET AL �. 8 ��i'�`v (VOL 13d7,PG.384) Ci 2 3 CORRECTION GEED p� 13 c e' FIRST TRACT u+ v 9 0" �8+ �o CALLED 941 89 AC o SIERRA AT 0r� NEVA WA�INS vrsr j W WEST RANCH THE LAKE AT SAN JOAQU N I F{/3 C, WESLEY WESr CATTLE COMPANY LL SECTION THREE SECTION ONE /�89 \rye (G.C.C.F 09222784) (DOC NO (VOL 18 PG 1302 1 e919 y> 2016018384) S 6 11 � 2 M �c ��� k��� oMp PNC�No p8 c 12 r yvS G'4rJ, SET 5/8 I.R.W/CAP. \&� 5 Q pt a STAMPED GEOSURV' l`1vM 2 n Ul 4 J 3p W Z FND 1/2 I.R LESLIE S CT 3 TRACT 2 m a 26 921 Acres FINAL AMENDED PLAT OF THE J (1,172 660 Sq F) 1' LAKE AT SAN JOAQUIN 2 " OUT SECTION 2 v 5 C{J 622 (PLAT REC 2009A, , p PN� NO N 6 MAPNO.6- 7 GON'�p, o 22 23 24 25 # FZRG�K in 1 20 21 \ 5 To Taylor Morrison of Texas,Ins;Yellowstone Nil Country Ranching,LLC;and First American Title Guaranty ¢ow 09n2/30,e .9 P Company,. LAKEWAY DRIVE 7 b. TO,OF 0 W m This Is to attest that this map or plat and the survey an which R Is based were made in accordance with the m 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys,jointly established and adapted SET 5 1 9 I.R W/CAP 2 e.Rem WE�cE / by ALTA and NSPS,and includes Items 1 2,3,4,7(e)8 13 and 14 of Table A thereof The fieldwork was 7 s fi 4 3 927.3B I STAMPED GEOSUP.V' completed on September 12,2019 FRIEN swoop rY uMTs S 86'15 05 W I LEAGUE CITY LIMITS SET 5 8 I.R.W/CAP Date of Plat or Map.October 30,2019 STAMPED GEOSURY CeoSurv,LLC �`'"�'�:*``' VTa FND I.R.W/CAP STAMPED RPLS#5007 -r A N 47'28 E.0.48 Subject Property D Registered L Hardy y3f `T1 a Professional GEORGE A.BOFYSIL ESTATE Land Surveyor 4847 `.y +-�^•S •� i I.&G.N.R.R SURVEY SECTIONS Q ABSTRACT NUMBER 622 NOTES. HE 1.)A separate exhibit containing the mates and bounds descriptions of the herein surveyed tracts is attached hereto and made a part hereof for all purposes. `< 1)This property lies in Zone X,darned by FEMA as areas of minimal flood hazard as scaled from Flood Insurance Rate Mop(FIRM)Number 48167Co202G,effective date August 15,2019 S 3)This survey has been prepared based on Title Commitment provided by First American Title Guaranty "SI®X4�SS�DMz-- Company G.F/TMH-TX-1978187LA Issued October 10 2019 g ® wad® 4)Bearings shown hereon are based on Texas State Plane Coordinates South Cmlral Zone. a 5)At the time of this survey.the herein surveyed tracts hove no access to dedicated public right-of-way. M 0 Registered Professional 6.)Tracts 1 lies within the incorporated limits of the City of Friendswood.Tract 2 Ites within the incorporated Land Surveyors limits of the City of League City. , i P.0 Box 246 League City Texas 77574 ig 281-554-7739 409-765-603❑Fax 281-554-6928 Firm No..10040100 TRACT 1 All of that certain 59.521 acres(2,592,729 square feet)tract or parcel of land situated in the MARY FABREAU SURVEY,Abstract Number 69,Galveston County,Texas,said 59.521 acres tract being out of and a part of a called 194.21. acres tract,called Tract"A",described in that certain Special Warranty Deed from the Estate of George A.Bofysil,Jr.to Yellowstone Hill Country Ranching,LLC recorded in Clerk's File Number 2010059686 of the Official Public Records of Galveston County,Texas, said 59.521 acres tract being more particularly described by metes and bounds as follows,with all bearings based on the Texas State Plane Coordinate System, South Central Zone: COMMENCING at an iron rod with cap stamped"Wilson."found for the most Northerly comer of that same tract, called 97.00 acres,described in that certain Special Warranty Deed from Janet Cleaves Acord, Trustee,to Cypress Creek Holdings,Ltd. recorded in Clerk's File Number 2011019071 of the Official Public Records of Galveston County,Texas,said point being the most Easterly comer of Reserve"B"of EAGLE LAKES,, SECTION 5,a Subdivision.in.Galveston County,Texas,according to the map or plat thereof recorded in Volume 18, Page 554-555, and being at the Southwest line of FALCON RIDGE, SECTION THREE, a Subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 18,Page 282,both recorded in the Office of the County Clerk of Galveston County, Texas, and being at the Northeasterly line of said MARY FABREAU SURVEY, the same being the 4_1 Southwesterly line of the SARAH McKISSICK SURVEY,Abstract Number 151,Galveston County, Texas; THENCE, S 41053'32"W,along the Northwesterly line of said 97.00 acres tract and the Southeasterly line of said EAGLE LAKES SECTION 5;of EAGLE LAKES SECTION 6, a Subdivision in Galveston County,Texas,according to the map of plat thereof recorded in Volume 18,Page 770;and of DOMINION AT FRIENDSWOOD LAKES,a Subdivision in Galveston County,Texas,according to the map of plat thereof recorded in Plat Record 201.1 A,Map Number 53-54,both in the Office of the County Clerk of Galveston County,Texas,a distance of 2991.68 feet to a 5/8 inch iron rod found for the POINT OF BEGINNING and most Northerly corner of the herein described tract,said point being a reentrant comer of said 194.21 acres tract and the most Westerly comer of said 97.00 acres tract; THENCE, S 480074411 E.a distance of 2122.93 feet to a 5/8 inch iron rod found for the most Easterly comer of both the herein described tract and of said 194.21 acres tract, said point also being the most Southerly comer of said 97.00 acres tract,being at the Southeasterly line of said MARY FABREAU SURVEY,being at Northwesterly line of both the L&G.N.R.R. COMPANY SURVEY NUMBER 4, Abstract Number 608,Galveston County,Texas, and of a called 941.89 acres tract described in that certain Correction Deed from Neva Watkins West to Wesley West Cattle Company recorded in Clerk's File Number 9222784 of the Official Public Records of Real Property of Galveston County,Texas; 'WHENCE,S 41051TI911 W,a distance of 1220.64 feet to an 1/2-i*-nch iron rod found for the most Southerly corner of the herein described tract, of said 194.21 acres tract.,and of said MARY FA AU SURVEY,said point also being a reentrant comer of both said I.&G.N.R.R. COMPANY SURVEY NUMBER 4 and of said 941.89 acres tract; THENCE,N 48008'5311 W,along the Southwesterly line of both said 194.21 acres tract and of said MARY FABREAU SURVEY,a distance of 194.41 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set for angle point to the right, said point also being the Northeast comer of a called 26 92 acres tract, called Tract"B", described in the aforementioned Yellowstone Hill Country Ranching,LLC Special Warranty Deed, and being a North comer of both said I.&G.N.R.R. COMPANY SURVEY NUMBER 4 and of said 941.89 acres tract; THENCE,N 48'08'48"W,along the Southwesterly line of said 194.21 acres tract,a distance of 1389.92 feet to a 5/8-inch iron rod with cap stamped"GeoSuii-r"set for angle point to the left,said point also being the Northwest comer of said 26.92 acres tract and being the Northeast comer of THE LAKES AT SAN PAGE IOF3 J_0AQU IN SECTION ONE,a Subdivision in Galveston County,Texas,according to th.e.unap or plat thereof recorded in Volui-ne 18, Page 1302 in the Office of the County Clerk of Galveston County,Texas; THENCE,,N 4801314811 W,along the Southwesterly line of said 194.21 acres tract and the Northeasterly line of said THE LAKES AT SAN JOAQUIN SECTION ONE, a distance of 539.39 feet to a 5/8-inch .iron rod with cap stamped "GeoSurv" set marking the most Westerly comer of the herein described tract; THENCE,N 41053'32"'E,a distance of 1222.09 feet to the POINT OF BEG[NNINC-and containing within said boundaries a calculated area of 59.521 acres(2,592,729 square feet)of land. TRACT 2 All.of that certain 26.921 acres, (1,172,660 square feet)tract or parcel of land situated in the L&G.N.R.R. COMPANY SURVEY NUMBER 5,Abstract Number 622, Galveston County,Texas,said 26.921 acres tract being all of that san-ie certain tract called 26.92 acres tract, called Tract"B".described.in that certain Special, Warranty Deed from the Estate of George A. Bofysil,Jr. to Yellowstone Hill Country Ranching,LLC recorded in Clerk's File Number 2010059686 of the Official Public Records of Galveston County,Texas, said 26.921 acres tract being more particularly described by metes and bounds as follows, with all bearings based on the Texas State Plane Coordinate System, South Central Zone: COMMENCING at an it-on rod with cap stamped"Wilson" found for the most Northerly comer of that sarne tract called 97.00 acres, described in that certain.Special Warranty Deed from Janet Cleaves Acord, Trustee,to Cypress Creek-Holdings,Ltd.recorded in Clerk's File Number 20 110 19071 of the Official Public Records of Galveston County, Texas, said point being the most Easterly comer of Reserve"B"of EAGLE LADES, SECTION 55,a Subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 18,Page 554-555, and being at the SOLIth.WeSt line of FALCON RIDGE, SECTION THREE, a Subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 18,Page 282,both recorded in the Office of the County Clerk of Galveston County, Texas, and beingat the Northeasterly line of said NLARY FAIRR-EAU SURVEY. the same being the 1 t> Southwesterly line of the SARAN McKISSICK SURVEY,Abstract Number 151, Galveston County, Texas; THENCE, S 41053'32" W, along the Northwesterly line of said 97.00 acres tract and the Southeasterly line of said EAGLE LAKIE-iS SECTION 5,- of EAGLE LAKES SECTION 6, a Subdivision in Galveston County,Texas, according-,to the map of plat thereof recorded in Volume 18,Page 770; and of DOMINION AT FRIENDSWOOD LAKES. a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in.Plat Record 2011 A.Map Number-53-54, both in the Office of the County Clerk of Galveston County,Texas,at 2991.68 feet passing a 5/8 inch iron rod found for the most Westerly comer of said 97.00 acres tract and for a reentrant comer of a called 194.21 acres tract, called Tract"A", described in the aforementioned Yellowstone Hill Country Ranching,LLC Special Warranty Deed,and continuing for a total distance of 4213.77 feet to a 5/8-blch iron rod with cap stamped "GeoSurv" set marking a comer, said point being at the Southwesterly line of said 1.94.21 acres tract.; THENCE, S 48013'48" E,along the Southwesterly line of said 194.21 acres tract and the Northeasterly line of THE LAKES AT SAN,JOAQUIN SECTION ONE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page L')02 in the Office of the County Clerk of Galveston County,Texas, a distance of 539.38 feet to a 5/8-Inch iron rod with cap stamped "GeoSunr" set marking the POINT OF BEGINNING said point also being the most Northerly corner of said 26.92 acres tract and being the Northeast corner of said THE LAKES AT SAN JOAQUIN SECTION ONE; THENCE, S 48'08'48" E, along the Southwesterly line of said 194.21 acres tract, a distance of L'389.92 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the Northeast corner of said 26.92 acres tract, said point also being a Northeast comer of said the L&G.N.R.R.COMPANY SURVEY NUMBER 5 and being a North comer of both.the I.&G.N.R.R. COMPANY SURVEY NUMBER 4, PAGE 2 OF 3 ....... .... Abstract Number 608,Galveston County,Texas,and of a called 941.89 acres tract described in that certain CoiTection.Deed Born Neva Watkins West to Wesley West Cattle Company recorded in Clerk's File Number 9222784 of the Official Public Records of Real Property of Galveston County, Texas; THENCE,S 02'24'4 1," E, along the East line of said L&G.N.R.R.COMPANY SURVEY NUMBER 5 and a West line of both said J.&G.N.R.R. COMPANY SURVEY NUMBER.4 and of said 941.89 acres tract, a distance of 740.89 feet to a 5/8-inch iron rod with cap stamped"GeoSun""set marking the Southeast corner of said 26,92 acres tract., THENCE, S 86'15'05"W,a distance of 927.38 feet to a 5/8-inch iron rod with cap stamped"GeoStirv" set marking the Southwest corner of said.26.92 acres,tract., said point also being at the Southeast corner of the FINAL AMENDED PLAT OF THE LAKE AT SAN JOAQUIN SECTION 2. a-Subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Plat Record 2009A,Map Nuinbers 66-67 in the Office of the County Clerk of Galveston COUnty, Texas, and from which point a found iron rod with cap stamped"R-PLS#5007"bears N 47'28'E, 0.48 feet; THENCE,N 04`39t5911 W. along the West line of said 26.92 acres tract and the East line of said FINAL -AMENDED PLAT OF THE LAKE AT SAN JOAQI.JIN SECTION 2 and of said THE LAKES AT SAN JOAQUIN SECTION ONE,a distance of 1734.00 feet to the POINT OF BEGINNING and containing within said boundaries a caletilated area of.26.921 acres., (1,172,660 square feet)of land. low w iy � r ale L Hardy ";'g -�-Reaistered Professional Land Surveyor ,,-,;Texas Registration Number 4847 PREPARED OCTOBER 30,2019 BY DALE L. HARD Yl GEOSUR V.LLB' REGISTERED PR 0 FESS101VA L LAND S UR VE YORS P.0. RUB 246,LEA G UE CITY TEXAS 77574 PH 281-554-7739 FAX 281-554-6928 E-MAIL:t1hard jfa.)aeosurv11c.com FIRM NO. 10040100 F:\FN\AVALON AT FRIEND S WOOM 19-013)I\19-013 1.DOCX PAGE OF 3 "Exhibit Bff CON RIDGE CURVE TABLE TION TWO CURVE RADIUS DELTA ANCLE ARC LENGTHCHORO BEARING CHO Map showing mutually agreeable 18,PG 270) CI 25.00' 9011'52" 39.36'N 04'42'28•W C2 I 25.00' EIT54723•1 39.23'S 85.54'55-W changes in City boundaries 22 -� LINE L1 N 48 A ING' W AL ON DGE 194.41 LZ S 481456 E 60.26 SECTION THREE a s o robii W asis BLD IFS ro*4 L5 s o3.0 17 E 188.46 t F,p oJ. 24 OL 1,\8,P/�28} 04 WEST AN CH L7 N 03b617 w 112.7 1 O `/ ��� WEST LAKE o' 200 400 600 1s L4 q/ °, a SECTION TWO 8 4 °"�� BIOCK 29 �° (PLAT REC 2012A, SCALE 1"=200' t 10 �o AP I.R.W/ AGL LAK S Fly CK as_1R. t 227 ® �° M P NO 56-57) c RESCISION� SECTION 5 D I.R W/CAP FND 5/8 I.R.3 STAM ED"VALSON" 66,3 W 0 88 BLOC �P 22 (VOLVQL 18, REAl D — 55 +�°as s ESE`VFr"D; LEGEND 4 5 4 �Fs� A ,a P. ET 5/8 I.R W/CAP STAMPED'GEOSURt- 9�a CABLE TELEVISION PEDESTAL 49 S� D 2 I 139,E,E,0 6' ■n, FIRE HYDRANT •,st MANHOLE l' )x \�I d, o-PIPELINE MARKER 19 +pv POWER POLE BLOCKq /F� � � Our UNDERGROUND TELEPHCNE CABLE MARKER O y�-tys 9 OCK �^0/ t• ��tl m UTILITY VAULT 5 'i'•i•O AC. ACRES VALVE ,s °y9 F'17 15 °P 0 v I W Eow EDGE of WATER AGLE AKES Q LOCK sy�A�Q //:�yti�°04; 0 n Z ESMT EASEMENT SECTION 6 'Q/ �o rho, d / ,t,3^0a �F o I Q W ST R N H FND FOUND (VOL 18,PG 7 0) 1 q�ti� / ``•`�`���° a�m I J WEST LAKE G.C.C.F GALVESTON COUNTY CLERK'S FILE 8 // °GG } �I is SECTION THREE G.C.D.R. GALVESTON COUNTY DEED RECORDS =<a dv Z PLAT REC 2013A, G.C.M.R GALVESTON COUNTY NAP RECORDS RF` / L emu'p I o I.P IRON PIPE Isle, 7 �" / 3 r ci O I.R IRON ROD LOCK � (� //y // 0a,I a MAP 97-98) PLAT REC. PLAT RECORD �OC.7w PG PAGE 2 9� �Y //�// isU I a O Q P0.8 POINT OF BEGINNING FRIENDSWOOD AKES �f. kP \\ /Pr '�" �Vv I l > P O.C. POINT OF COMMENCING r \\ SQ.FT SQUARE FEET SECTION 2 g i� /d- / I O W/ VOLUME (VOL 18,PG 13 6-13 7) LDCK 'P^ Q' \72 �� // I I m W/ WITHBARBED WARE FENCE � 1 4✓ I 10 WOODEN FENCE FND I.R.W/CAP 10 WROUGHT IRON FENCE,UNLESS OTHERWISE STAMPED"R.F ELIS" NOTED FND LR W/CAP \\\\\\\\ STAMPED HUITT- �1�. 15 / I ZO60 E 0.42 BLOCK e` //ev 96m Pv 8 FNb,hp w/CAP- �,� D I.R.W/CAP DICK STAM`OW HUIT7-\ WS" O C2 C STAMPED F E 2 /o- y� FND I.R W/CAPI y ZOL ARS\\ `\\ 1 / ,L STAMPED BROW111 f 17 ND F W/CAP / 'b GAY STAMP\"HUITT``r9 2 / ��•� I a \ Zt)LLARS FIND I.R STAMPED W HC P INIO A 5 \\\ \w zOLLARS• FRIENDSWOOD LAKE PP wwv I (PLAT REC 2011 A, /� D 5/8 LR I is W M P NO 53-54' // / N 6Dro9 E FND I.R w/cagy Q/ 0.75 &GAY' BRA \ C`� \\ / do GAY \ 19 ,?o\� \\\�� °PF s / a IP WEST RANCH \ os-e N LAKESIDE D A V I D F A H E Y S U B D I VI SION�� 6C/r�F\\\\�\\\o ��q' /d'L/ laN a PLAT CREC 0104A, 0 F T H E ,s c� e�coy CO,�\\\� Oe� //�`�//P FND LR W/c Z MAP NO 54-55) M A R Y F A B R E A U S U R V E Y FCO,rA c��9sfr rfy F\\ \\�J / / STAMPED BR �4 9Dr ty s�rJa-FYSs `rt",�\\\\ �// / CALLED 97 00 AC. &GAY y 10 (V 0 L 1 1 8, P G 4 1 5, G G D R) ,eyF ,vJ F1\\\\ Pi JANET CLEAVES ACORD TRUSTEE I Q TO (ceC 1 CAP r�f� Cry r \\ /STAMPED W'R LS�5565 K \ C'fi 6 Ki�/ CYPRESS CREEK HOLDINGS,LTD 'fl Co / /\\14•4317 E 0.77' (G.C.C.F,�zo11o19071) A TRACT AOi 4/1'P // �\\\\\\ I m BLOCK (CALLED 194.21 AC.) \ 2B'�8 /�'1•//,�\�\ ESTATE OF GEORTGEE A.BOFYSIL Jt. YELLOWSTONE HILL COUNTRY RANCHING.LLC / /y�' \�\\\\� aYtp 7 (G.C.C.F2010054686) FND.I.R W/CAP (ILLEGIBLE) e P.D.B.D /B I.R.I r- � 27 \N\\ 5gg °GG lip\ ZO ci I I 20 q / m \\ ���\�'g e A��S2R(,Cyty v;kk. a7Qa,,I 25 \ p�pssi toCCCN�MA,,V CO uc u�i ci I y A ���� e�Ne°�.F sf�,)EvayRSFMF �a a I = SIERRA AT �� fs s n Eve Nr =� r ,s (c� 4ss4°W sod �> I 1 Z WEST RANCH cua8 v SECTION ONE } ��� OJO -0— (PLAT REC 2014A, .�•�v?,h// / �0�Nl,coPo��\ FND LR.W/dA z0 y MAP NO 11-13) b° ,/♦<fr �0j9B On[,two :�'�\\� (ILLEGIBLE) I n OG / A, 18 O D 1/2 I.R S 5 10 W 0.8 �H y�,p��yry3� Z0 x F ��� P'"Q FRI DSW OD cv rn // //ry°G�APE $ 2� .fit P s/a I.R w/CAP AKES BOULEVARD r STAMPED GEOS V" Qzo // /� `�� W �29 Et r� FND 3/4 LP (DOC NO / 0 6 Vv FND.I.R W/CAP, 2017 33870} W W `- SET 5/8 I.R W/CAP �" S P I AMPED ALL �� S8 ` ` I POIN Z r,Co W STAMPED"GEOSURV R _ R n S 1 p� By3Y & Eae Leq 11r�,91 PR P Ci ry0a0 I 10 s Rf�/cTFO Q CY O t:D M V 0ZLv -' �� M P P ,6 6 t Y O s TRACT 1 �hry 4lD Z l-YO p> 7 a `�9 PI>e_ 59 521 Acres ,k y* BLOCK SIERR Al V)W C)�m 9 SET s/e"I.R.W/CAP (2,592,729 Sq Ft) 24 2 T WEST RANCH 6 STAMPED GEosuRv 5 to City Limit Unes to ECTI ON TWO 5 be Chan ed m (DOC NO 6 71 ;off 2015077523) 4 POND ' �ti5 FND 5/8 I.R. <j 7 J.� PARTITION AGREEMENT CL FIRST TRACT 3 Q� 12 °\,�lJ CALLED 941 89 AC t 4 WESLEY WEST,ET AL >Z 8 g �`� (VOL 1387 PG.384) 6 2 LV 3 13 Tt8_"C ( �Q�'`v`'F coFIRST TTRRACT� W g 9 g8�s CALLED 941.89 AC. 9 SIERRA AT t e NEVA WA GINS WEST WEST RANCH THE LAKE AT SAN JOAQU N F �� WESLEY WEST CATTLE COMPANY SECTION THREE 1 SECTION ONE 1 ' 899 ,ryti (G.C.c.F#9222784) (DOC NO (VOL 18,PG 1302 2016018384) tl 0 2 Ap, >,°� sjk 6p8 z� coP N 0 c PPC N R g5 12 I O T r r 3 s rs SET 5/8 I.R.W/CAP STAMPED GEOSURV" NUM 5 3 2� W 4 J 3 d w 8 � Z FND 1/2 LR 01 EESLIVS C 3 TRACT 2 OR 4 26 921 Acres (1,172,660 Sq F) r FINAL AMENDED PLAT OF THE 2 �tY LAKE AT SAN JOAQUIN SECTION 2 5 F� N�E622 N (PLAT REC 2009A, 1 0 �( MAP NO 6- 7 6W pMP a F`3" P N 23 24 25 � N R 19 20 21 22 g 5' To Taylor Morrison of Texas,Inc,Yellowstone Hill Country Ranching,LLC:and First American Title Guaranty I NUM EDW av/u,zote) 9 Company. LAKE WAY DRIVE *a° SAW m This la to aunt that this map or plot and the survey on which It is based were made in aceordoneE With the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys•jointly established and adopted I 2 e'AaM%Rc FENCE / / by ALTA and NSPS,and includes Items 1,2,3,4,7(a),8,13,and 14 of Table A thereof The fieldwork was 1 SET 5 B I.R W CAP 7 6 5 4 3 92738 STAMPED"GEOSUW completed on September 12.2019 8 FRIEN SWOOD LIMITS $$6'15 05 W LEAGUE CITY LIMITS SET 5 8 I.R VI/CAP Date of Plot or Map:October 30 20113 9+1T STAMPED GEOS)RV' GeoSurv,LLC uTO FND I.R W/CAP �. STAMPED RPLS 85007 r N 4728 t;0.48 New City Limit s Dale L Hardy w��•ti i, Regtstered Professional GEORGE A.BOFYSIL ESTATE Land Surve r 4847 "�'-^� ✓' I.&G.N.R.R.SURVEY,SECTION 5, Lines yu ABSTRACT NUMBER 622 NOTES: 1.)A separate exhibit containing the metes and bounds descriptions of the herein surveyed tracts is attached hereto and made a part hereof for all purposes. 2)This property It=in Zane),defined by FEMA as areas of minimal flood hazard as scaled from Flood Insurance Rate Map(FIRM)Number 48167CO202G,effective date August 15.2019 S 3)This survey has been prepared based on Title Commitment provided by First American Title Guaranty Company.G.F#MH-TX-1978187LA,issued October 10.2019 0� 4)Bearings shown hereon are based on Texas State Plane Coordinates South Central Zone. 5)At the time of this survey the herein surveyed tracts have no access to dedicated public right-of-way. y Registered Professional 6.)Tracts 1 ties within the incorporated limits of the City of Frlendswood.Tract 2 It"within the Incorporated Land Surveyors limits of the City of League City i P O.Box 246 League rity Texne 77574 281-554-7739 409.785.6030 Fax 281-554-6928 Firm No.1004C100 g�