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Home My WebLink AboutOrdinance No. 2021-26ORDINANCE NO.2021-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 183.386 ACRES ALONG BOTH SIDES OF THE FUTURE FRIENDSWOOD LAKES BOULEVARD/FRIENDSWOOD PARKWAY, 183.386 ACRES OF LAND CONSISTING OF SEVERAL TRACTS INCLUDING 96.944 ACRES OF LAND IN THE MARY FABREAU SURVEY, ABSTRACT NO. 69 AND 86.442 ACRES CONSISTING OF TRACT 1: 59.521 ACRES OF LAND SITUATED IN THE MARY FABREAU SURVEY, ABSTRACT NUMBER 69 AND TRACT 2: 26.921 ACRES OF LAND SITUATED IN THE I&GNRR COMPANY SURVEY NUMBER 5, ABSTRACT NUMBER 622, ALL LOCATED IN FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AMENDING THE ZONE CLASSIFICATION FROM AVALON AT FRIENDSWOOD PLANNED UNIT DEVELOPMENT (PUD) 2019-37 AND UNASSIGNED ZONING TO A REVISED AVALON AT FRIENDSWOOD PLANNED UNIT DEVELOPMENT (PUD) CONSISTING OF 183.386 ACRES; 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 x 4e * x x x x x WHEREAS, Taylor Morrison of Texas represented by Robert Skinner, is the Owner of 183.386 acres of land consisting of several tracts including 96.944 acres of land in the Mary Fabreau Survey, Abstract No. 69 and 86.442 acres consisting of Tract 1: 59.521 acres of land situated in the Mary Fabreau Survey, Abstract Number 69 and Tract 2: 26.921 acres of land situated in the I&GNRR Company Survey Number 5, Abstract Number 622, all located in Friendswood, Galveston County, Texas, (the "Property") as also depicted in Exhibit "A" incorporated herein by reference; and WHEREAS, the Owners previously made application to the City to change the zoning classification of the Property from Planned Unit Development (PUD 2019-37) and unassigned zoning 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 City of Friendswood annexed the 26.921 acres from the City of League City in 2021, which does not currently have an assigned zoning district; 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 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; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section It. 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. Ord. No. 2021-26 2 Section 22. 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 Planned Unit Development (PUD 2019-37) and unassigned zoning to a revised Planned Unit Development 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," 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 shall constitute a separate offense. PASSED AND APPROVED on first reading this 13th day of SEPTEMBER, 2021. Ord. No. 2021-26 3 ATTEST: APPROVED AS TO FORM: A Of ---W� • ' << • ' �`1�Attorney O< F?,IEN,D �.:;.._ ♦C �TgTE of ��+P PASSED, APPROVED AND ADOPTED on second and final reading this 4th day of OCTOBER, 2021. ATTEST: 4 L TICIA BRYSCH, City c etary '1r APPROVED AS TO FORM: 2zlilw /-Ic� ARY VY FISC R, City Attorney F?,IENpS�''`, S a, Ord. No. 2021-26 4 EXHIBIT "A" 1. Application 2. Deeds and Surveys 3. Aerial Map 4. Location Map 5. Zoning Map City of Friendswood — Community Development 910 S. Friendswood Drive 4% Friendswood, TX 77546 Phone: 281-996-3201 Fax:281-996-3260 ww.ci.fdendswood.tx. us Zone Change Application CURRENT ZONE OF PROPERTY: SFR / PUD TYPE OF ZONE CHANGE (check one): ❑ Land Use Change to Zone: ❑ Planned Unit Development Option 1 ❑x Planned Unit Development Option 2 PROPERTY IDENTIFICATION: ❑ Specific Use Permit Option 1 ❑ Specific Use Permit Option 2 SUP for Use(s) #: 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 OWNER NAME: Taylor Morrison of Texas, Inc. Owner's Mailing Address: 2929 Briarpark Dr. North, Suite 400 Phone: 281-598-3040 City: Houston State: TX Zip: 77042 Fax: Owners Email Address: bskinner@taylormorrison.com 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 - kparker(Mmetaplanningdesign.com In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agent's representations in matters pertaining to the above described property. The designation of an agent In this matter in no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby request approval by the City Council on the above identified zone change. g Robert L Skinner DlylteffyaimedbyRobert LSklrww Owner's Signature Dale: 2021.06.1015:59:22.05W Date: Agent's Sig Received By: ftRf�8-t Date of Public Hearing: Property Owner Notices: Date: Z1 Application Number: Received Date: - ,;1,/ Newspaper Notice: / " [ !f - &.w Sign on Property: -7 - �30 - ZU 21 Revised 11-01-18 Page 1 of 2 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MA A' REMOVE OR STRIIM 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. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF GALVESTON § WHEREAS, pursuant to that certain. Earnest Money Contract dated as of July 15, 2019 (the "Purchase A greenient"), by and between Yellowstone Hill Country Ranching, LLC ("Grantor"), and Taylor Morrison of Texas, Inc. ("Grantee"), Grantor agreed to convey to Grantee all of those certain tracts of land containing approximately 86.442 acres of land that is described by metes and bounds on Exhibit "A" attached hereto and made aparthereof(the "Land"), together with Grantor's interest, if any, without warranty or recourse, in (i) any and all rights, privileges, and appurtenances belonging or pertaining to the Land; (ii) any and all improvements, structures, and fixtures located on, over, and under the Land; (iii) any and all easements or rights -of -way affecting the Land and any of Grantor's rights to use the same; (iv) any and all rights of ingress and egress to and from the Land and any of Grantor's rights to use the same; and (v) all right, title, and interest of Grantor, if any, in and to any and all (a) air rights, water rights, claims, and permits relating to the Land, (b) reversionary interests in and to the Land, and (c) permits, approvals, utilities and rights, to servicing of utilities, privileges and entitlements appurtenant to the Land (the Land, together with any and all of the related improvements, rights, privileges, appurtenances and interests referenced in items (i) through (vi) above are herein collectively referred to as the "Property"); NOW, THEREFORE, BE IT RESOLVED, that Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration and a promissory note ("Note") of even date herewith in the principal amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00) executed by Grantee to Grantor. The Note is secured by a Vendor's Lien in the Deed ("Vendor's Lien") and payment of the Note shall be secured by (i) the Vendor's Lien and superior title herein retained by Grantor and (ii) that certain Deed of Trust of even date herewith from Grantee for the benefit of, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, unto said Grantee the Property. For Grantor and Grantor's successors and assigns forever, Grantor hereby reserves all of the oil, gas, and other minerals which are presently owned by Grantor, if any, and which lie in, on or under the Property or that may be produced from the Property; provided, however, Grantor hereby waives, on behalf of Grantor and Grantor's successors and assigns, all rights of access, ingress and egress over the surface of any of the Property, and all other rights of every kind and character whatsoever to enter upon, use or otherwise affect the surface of the Property or any part thereof, for any purpose, including but not limited to, for purposes of mining, drilling, exploring, exploiting, producing, processing, transporting, marketing or developing such reserved oil, gas 50632045:2 and minerals or for any other reason (collectively, the "Mineral Estate"), The foregoing surface use waiver is binding upon the lessee under any lease of the Mineral Estate granted by Grantor or Grantor's successors or assigns. If the Mineral Estate becomes subject to, or is subject to existing production or an existing oil, gas and mineral lease, then Grantor's reservation of the Mineral Estate also includes all of such production, and all benefits from such lease, that are presently owned by Grantor, if any, or which Grantor is presently, or will in the future be, entitled to receive under the terms and provisions of any such lease, if any (collectively, the "Mineral Leases", together with the Mineral Estate, collectively, the "Mineral Reservation"). The Vendor's Lien and superior title to the Property as hereby retained for the benefit of Grantor, This conveyance is made and accepted subject to the restrictions, reservations, covenants, conditions, liens, easements and encumbrances described in Exhibit "B" attached hereto and made a part hereof, but only to the extent they are still in effect and are shown of record in the Official Records of Real Property of Galveston County, Texas, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relating to the Property and to the following restrictions (collectively the "Permitted Exceptions") and the Mineral Reservation. THE PROPERTY SHALL BE USED AND DEVELOPED AS A SINGLE-FAMILY RESIDENTIAL SUBDIVISION ONLY, WITH COMMON AREAS, AMENITIES AND OTHER IMPROVEMENTS ASSOCIATED WITH A SINGLE FAMILY RESIDENTIAL SUBDIVISION. EXCEPT AS TO THE WARRANTY OF TITLE CONTAINED IN THIS DEED AND THE LIMITED REPRESENTATIONS AND WARRANTIES SET FORTH IN THE EXCHANGE AGREEMENT, BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT IT IS ACCEPTING THE PROPERTY "AS -IS," "WHERE -IS" AND "WITH ALL FAULTS," IN ITS CURRENT CONDITION, AND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES, RENOUNCES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, OF, AS TO, CONCERNING, OR WITH RESPECT TO, (I) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, (II) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH MAY BE CONDUCTED THEREON, (III) THE COMPLIANCE OF OR BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (IV) THE IIABITABILI'T'Y, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, OR (V) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES, RENOUNCES AND DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES REGARDING COMPLIANCE OF THE PROPERTY WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THOSE PERTAINING TO SOLID WASTE, AS DEFINED BY 2 THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY OF ANY HAZARDOUS SUBSTANCES, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND THE REGULATIONS PROMULGATED THE, REUNDER. GRANTEE SHALL RELY SOLELY ON ITS OWN INVESTIGATION AND NOT ON ANY INFORMATION PROVIDED BY GRANTOR OR THE AGENTS OR CONTRACTORS OF GRANTOR. GRANTOR SHALL NOT BE LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY OR OTHERWISE, OR THE OPERATION THEREOF, FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF GRANTOR. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property unto the said 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. 'faxes for the current year shall be prorated as of the date hereof, with Grantee assuming payment of all taxes accruing on and after the date hereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] -41" EXECUTED as of the day of November, 2019, YELLOWST( RANCHING, a Texas limit d By; Charles STATE OF COUNTY OF COUNTRY company Manager This instrument was acknowledged before me on November 4-1k , 2019, by Charles Gregory Evans, the Manager of YELLOWSTONE HILL COUNTRY RANCHING, LLC, a Texas limited liability company, on behalf of said limited liability company. .••��r M s -•,� [Notary Stamp/Seall Notary Public in and 0 the State of 7R, is SIGNATURE PAGE OF GRANTOR TO SPECIAL WARRANTY DEED Exhibit A to Special Warranty Deed Property 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 corner 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 corner 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 Southwesterly line of the SARAH McKISSICK SURVEY, Abstract Number 151, Galveston County, Texas; THENCE, S 41°53'32" 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 FRIENDS WOOD LAKES, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 201IA, 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 BEGENNING and most Northerly corner of the herein described tract, said point being a reentrant corner of said 194.21 acres tract and the most Westerly corner of said 97.00 acres tract; THENCE, S 48-07-44" E, a distance of 2122.93 feet to a 5/8 inch iron rod found for the most Easterly corner of both the herein described tract and of said 194.21 acres tract, said point also being the most Southerly corner of said 97.00 acres tract, being at the Southeasterly line of said MARY FABREAU SURVEY, being at Northwesterly line of both the I.&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; THENCE, S 41-51'19" W, a distance of 1220.64 feet to an 1/2-inch iron rod found for the most Southerly corner of the herein described tract, of said 194.21 acres tract, and of said MARY FABREAU SURVEY, said point also being a reentrant corner of both said I.&GN.R.R. COMPANY SURVEY NUMBER 4 and of said 941.89 acres tract; THENCE, N 48-08-53" 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 corner 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 corner 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 "GeoSurv" set for angle point to the left, said point also being the Northwest corner of said 26.92 acres tract and being the Northeast corner 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 1302 in the Office of the County Clerk of Galveston County, Texas; THENCE, N 48°13'48" 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 539.38 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the most Westerly corner of the herein described tract; THENCE, N 41°53'32" E, a distance of 1222.09 feet to the POINT OF BEGINNING 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 I.&G.N.R.R. COMPANY SURVEY NUMBER 5, Abstract Number 622, Galveston County, Texas, said 26,921 acres tract being all of that same 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 iron rod with cap stamped "Wilson" found for the most Northerly corner 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 corner 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 Southwesterly line of the SARAH McKISSICK SURVEY, Abstract Number 151, Galveston County, Texas; THENCE, S 41-53-32" 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 FRIENDS WOOD LAKES, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 2011A, 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 corner of said 97.00 acres tract and for a reentrant corner 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-inch iron rod with cap stamped "GeoSurv" set marking a corner, said point being at the Southwesterly line of said 194.21 acres tract; THENCE, S 48°13'48" 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 1302 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 "GeoSurv" 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 1389.92 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 corner of said the I.&G.N.R.R. COMPANY SURVEY NUMBER 5 and being a North corner of both the I.&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; THENCE, S 02°24'41" E, along the East line of said I.&G.N.R.R COMPANY SURVEY NUMBER 5 and a West line of both said 1.&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 "GeoSurv" set marking the Southeast corner of said 26.92 acres tract; THENCE, S 86015'05" W, a distance of927,38 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the Southwest comer 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 Numbers 66-67 in the Office of the County Clerk of Galveston County, Texas, and from which point a found iron rod with cap stamped "RPLS #5007" bears N 47°28` E, 0.48 feet; THENCE, N 04°39'59" 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 JOAQUIN 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 calculated area of 26.921 acres, (1,172,660 square feet) of land. 3 Exhibit B to Special Warranty Deed Permitted Exceptions 1, Restrictive covenants set forth in instrument recorded under Clerk's File No, 2010059686 of the Official Public Records of Galveston County, Texas, 2, Mineral reservation set out in deed recorded under Volume 653, Page 175 of the Deed Records of Galveston County, Texas, 3. Mineral reservation set out in deed recorded under Volume 653, Page 248 of the Deed Records of Galveston County, Texas, 4. Mineral reservation set out in deed recorded under Volume 739, Page 450 of the Deed Records of Galveston County, Texas, 5. Mineral reservation set out in deed recorded under Volume 965, Page 159 of the Deed Records of Galveston County, Texas. 6. Mineral reservation set out in deed recorded under Volume 997, Page 541 of the Deed Records of Galveston County, Texas, 7. Easement granted to the City of Friendswood set forth in instrument recorded under Cleric's File Nos, 9316397 and 9523682 of the Official Public Records of Galveston County, Texas, 8. Mineral reservation set out in deed recorded under Clerk's File No. 2010059686 of the Official Public Records of Galveston County, Texas. 4 FILED AND RECORDED Instrument Number: 2019061400 Recording Fee: 54.00 Number Of Pages:9 Filing and Recording Date: 11/06/2019 12:24PM 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. a y�c. Dwight t7wIAiivIt,(A,:ckyClerk or-, DO NOT DESTROY - Warning, this document is part of the Official Public Record. — - we 6 10 Wn SLUE: s•�1•e' LEGEND Q 4 • �K.v,.w �mra Q AGLE AKI SECTION f n •w mmms (VOL B. PG. ¢ 2 d+ FRIENDS AKES n O10 SECTION 2 '�!w •i (VOL. 18, PG. 13 6-13 7) 10 �� iwa .,au a e1� .r v •v o.c z,wm •� 1s 2 iT :;cv. sr.rm 1 \ m ,z ``" • v w. INI A s �C'\� svr•• wrt- FRIENDSW000 LAKES. - (PLAT REC. 2011A, • `�`J`��•'i� M P H0. 53-54� / ypre n.' �t2'i 11 � / w D A V I D F A H E Y S U B D I VISION M A R Y F A B R E A U S U R V E Y ( V 0 L 1 1 8, P G. 4 1 5, G. C. D. R)O, •,�y� y.�R ��`� / 2c 0 'vt a ay..m� •n-v�osvv cv. o][ •i sc TRACT 1 N P F 5 Q a 89.521729 Ama (° N m i vie- nw. • ,o (2.592.Sq. Ft.) a s e n s 0 4� ' 12 ro•9 2 �' ° e � 9 la S4• 1 TH LAKE AT SAN JOAD fK SECTION ONE 7• 12 iA s z �� s*�n lug/ Y 4 4 ' � °i trQ M 2 TRACT 2 26.921 Acree i FINAL AMEND D PLAT OF THE (1,172,650 Sq. F ) ^ SAN JOAQUIN 2 ^ LAKE ATs° SECTION 2 u 1 REC. 2009A, 6� (PLAT 1 u u 2s zs P. 5 p0� ! to FALCON RIDGE 'e/•-u SECTION TWO T (VOL. 18, PG. 270) 4 z2 AL ON DGE SECTION THREE `/ 2s OL. \18, P/Cv-28 ) WEST RANCH �, `+� V `' WEST LAKE SECTION TWO 4LAK 4 22 29 4 (PLAT REC. 2012A, AG c.}- 4 .PP NO. 56-57) SECTION 5 3 (VOL. 18, 4• AEs m '. 5 4- 55 �Q y�nrs -c, 9 e� /T .wm� ,avwnrw I / I � /Fy,p6 51 I p e ST R N WEST KE H- SECTION THREE a1(PLAT REC. 2013A, g441e 1 d MAP 97-98) � l(�i. I 10 I I ' I e r I 0 A n"1" MA 1 1 e is W n/ • e.r 1 WEST RANCH W LAKESIDE SECTION TWO 1 x LL PLAT REC 2014A, MAP NO. 54-55) c=1 ' 1 q I 2 I I r , .% ar pusas,�� 8 qll n x I lit °1 21 �tC ��"�""•"• m i1!�QQQ3 �v �{ E s 3 SIERRA AT ` ��W'�a;?'b4 •� yf in WEST RANCH 89 L SECTION ONE 90o i (PLAT REC. 2014A, q�+��bn,"w �e lsc`isa`an/ a 10 MAP N0. 11-13J `l I DSW D E AKES BOULEVARD U R J no. ./. (DOC. NO. 5 3 017Q70) MONO i e� t 1 �S>Ai F' G S p2F'p R ,0 11 E�IF 2 SIERR AT WEST RANCH s ECTION TWO (DOC. NO • 2015077523) �,e sn' ".•nwt 1M.mma P eac R^ems a SIERRA AT y WEST RANCH � SECTION THREE +! 2016018384) A P•� p6 sn Caf.P NPGS NO 6 N�V f,A1�WAY DRIVE , s z I .+w..� anu./w.>a..w:ii:x"'ii,`,'�.,:'::w•.:.sr"�"'. :, + v • 6 • uv° 9 99'IS'OS W 927.39• srm `Ma1tl!'r Wvu e. e..... °.. Ate z. ga=� ."...—.,:'mil meM . `1— s..�..m v..va.a v, n.� .,mod, ,•I. m..nv 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 corner 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 corner 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 Southwesterly line of the SARAH McKISSICK SURVEY, Abstract Number 151, Galveston County, Texas; THENCE, S 41-53-32" 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 2011A, 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 corner of said 97.00 acres tract; THENCE, S 48°07'44" 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 I.&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; THENCE, S 41°51'19" W, a distance of 1220.64 feet to an 1/2-inch iron rod found for the most Southerly corner of the herein described tract, of said 194.21 acres tract, and of said MARY FABREAU SURVEY, said point also being a reentrant corner of both said I.&G.N.R.R. COMPANY SURVEY NUMBER 4 and of said 941.89 acres tract; THENCE, N 48°08'53" 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 corner of both said I.&GN.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 "GeoSurv" set for angle point to the left, said point also being the Northwest corner of said 26.92 acres tract and being the Northeast corner of THE LAKES AT SAN PAGE 1 OF 3 JOAQUIN SECTION ONE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 1302 in the Office of the County Clerk of Galveston County, Texas; THENCE, N 48013'48" 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 539.38 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the most Westerly corner of the herein described tract; THENCE, N 41°5332" E, a distance of 1222.09 feet to the POINT OF BEGINNING 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 same 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 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 corner 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 Southwesterly line of the SARAH McKISSICK SURVEY, Abstract Number 151, Galveston County, Texas; THENCE, S 41 °53'32" 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 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 corner 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-inch iron rod with cap stamped "GeoSurv" set marking a comer, said point being at the Southwesterly line of said 194.21 acres tract; THENCE, S 48°1348" 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 1302 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 "GeoSurv" 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 1389.92 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 corner of said the I.&G.N.R.R. COMPANY SURVEY NUMBER 5 and being a North comer of both the I.&G.N.RR_ 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 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; THENCE, S 02°24'41" E, along the East line of said I.&G.N.R.R. COMPANY SURVEY NUMBER 5 and a West line of both said I.&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 "GeoSurv" set marking the Southeast corner of said 26.92 acres tract; THENCE, S 86015'05" W, a distance of 927.38 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the Southwest comer of said 26.92 acres tract, said point also being at the Southeast comer 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 Numbers 66-67 in the Office of the County Clerk of Galveston County, Texas, and from which point a found iron rod with cap stamped "RPLS #5007" bears N 47°28' E, 0.48 feet; THENCE, N 04°39'59" 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 JOAQUIN 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 calculated area of 26.921 acres, (1,172,660 square feet) of land. L. Hard egistered Professional Land Surveyor ,�1 exas Registration Number 4847 PREPARED OCTOBER 30, 2019 BY DALE L HARD Y/GEOSURV, LLC REGISTERED PROFESSIONAL LAND SURVEYORS P.O. BOX 246, LEAGUE CITY, TEXAS 77574 PH 281-554-7739 FAX 281-554-6928 E-MAIL: dhardvnzeosurvUc.com FIRM NO. 10040100 FAMAVALON AT FRIENDSWOOD\19-0131\I9-0131.DOCx PAGE 3 OF 3 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. SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS THAT; COUNTY OF GALVESTON § THAT CYPRESS CREEK HOLDINGS, LTD., a Texas limited partnership ("CCHL"), MELISSA CLEAVES BE, NSON ("Benson"), CONSTANCE CLEAVES BRAKEBIILL ("Brakebill"), VIRGINIA PARRISH CLEAVES ("VPC"), WILBUR R. CLEAVES ("WRC"), CATHERINE CLEAVES MAHON ("Mahon"), CATHERINE CLEAVES MAHON, TRUSTEE OF THE CATHERINE CLEAVES MAHON 1993 NONEXEMPT TRUST ("Mahon Nonexempt Trust"), CATHERINE CLEAVES MAHON, TRUSTEE OF THE CATHERINE CLEAVES MAHON 1993 EXEMPT TRUST ("Mahon Exempt Trust"), MELISSA CLEAVES BENSON, TRUSTEE OF THE MELISSA CLEAVES BENSON 1993 NONEXEMPT TRUST ("Benson Nonexempt Trust"), MELISSA CLEAVES BENSON, TRUSTEE OF THE MELISSA CLEAVES BENSON 1993 EXEMPT TRUST ("Benson Exempt Trust"), VIRGINIA PARRISH CLEAVES, TRUSTEE OF THE VIRGINIA PARRISII CLEAVES NONEXEMPT TRUST 11 ("VPC Trust II"), VIRGINIA PARRISH CLEAVES, TRUSTEE OF THE VIRGINIA PARRISH CLEAVES 1993 NONEXEMPT TRUST ("VPC Nonexempt Trust"), VIRGINIA PARRISH CLEAVES, TRUSTEE OF THE VIRGINIA PARRISH CLEAVES 1993 EXEMPT TRUST ("VPC Exempt Trust"), WILBUR R. CLEAVES, TRUSTEE OF THE WILBUR R. CLEAVES NONEXEMPT TRUST 1I ("WRC Trust II"), WILBUR R. CLEAVES, TRUSTEE OF THE WILBUR R. CLEAVES 1993 NONEXEMPT TRUST ("WRC Nonexempt Trust"), WILBUR R. CLEAVES, TRUSTEE OF THE WILBUR R. CLEAVES 1993 EXEMPT TRUST ("WRC Exempt Trust;" CCHL, Benson, Brakebill, VPC, WRC, Mahon, Mahon Nonexempt Trust, Mahon Exempt Trust, Benson Nonexempt Trust, Benson Exempt Trust, VPC Trust I1, VPC Nonexempt Trust , VPC Exempt Trust, WRC Trust II, WRC Nonexempt Trust and WRC Exempt Trust are collectively referred to herein as "Grantor"), has agreed to convey to TAYLOR MORRISON OF TEXAS, INC., a Texas corporation (` _Gr whose address is 2929 Briar Park, Suite 400, Houston, Texas 77042, all of that certain tract of land containing approximately 91,95 acres that is described by metes and bounds on Ex rl4it ;a ' attached hereto and made a part hereof (the "Land"), together with (i) any and all improvements thereon, (ii) all rights, privileges, and appurtenances (including, without limitation, easements appurtenant and water rights) belonging or pertaining to the Land; (iii) any and all easements or rights -of -way affecting the Land and any of Grantor's rights to use the same, including rights of Grantor in adjacent streets and roads or in adjacent alleys, strips or gores of land; (iv) all rights relating to surface and underground water; (v) all rights, commitments, reservations, allocations, service agreements, operating agreements and maintenance agreements with respect to the provision of utility service to the Land, including, without limitation, potable water supply, sewage treatment capacity, sanitary sewer line capacity, storm sewer and drainage capacity, and gas, electric and telephone service, and (vi) all rights of Grantors in and to the oil, gas and minerals associated with or that may be produced from the Land (the Land, together with any and all of the related improvements, rights, privileges, appurtenances and interests referenced in items (i) through (vi) above are herein collectively referred to as the "Property'); NOW, THEREFORE, BE IT RESOLVED, that Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, unto said Grantee the Property. This conveyance is made and accepted subject to the restrictions, reservations, covenants, conditions, liens, easements and encumbrances described in Exhibit "B" attached hereto and made a part hereof, but only to the extent they are still in effect and are shown of record in the Official Public Records of Real Property of Galveston County, Texas, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still in effect and relating to the Property and to the following restrictions (collectively the "Permitted Exceptions"). EXCEPT AS TO THE WARRANTY OF TITLE CONTAINED IN THIS DEED AND THE LIMITED REPRESENTATIONS AND WARRANTIES SI:T FORTH IN THE PURCHASE AGREEMENT, BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT IT IS ACCEPTING THE PROPERTY "AS -IS," "WHERE -IS" AND "WITH ALL FAULTS," IN ITS CURRENT CONDITION, AND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THE PURCHASE AGREEMENT, GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO GRANTEE, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL CONDITION OF THE PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON, OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY. BY ACCEPTANCE OF THIS DEED, GRANTEE, FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS, SHALL BE DEEMED TO HAVE WAIVED ALL LIABILITY OF, AND ALL CLAIMS AGAINST, GRANTOR WITH RESPECT TO THE PHYSICAL CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION ENVIRONMENTAL MATTERS (AND ANY REMEDIATION, CONTRIBUTION, OR INDEMNITY OBLIGATIONS), EXCEPT LIABILITY FOR BREACH OF ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF GRANTOR SET FORTH IN THE PURCHASE AGREEMENT. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property unto the said 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. Taxes for the current year shall be prorated as of the date hereof, with Grantee assuming payment of all taxes accruing on and after the date hereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 `tom EXECUTED as of the I day of November, 2019, GRANTOR: CYPRESS CREEK HOLDINGS, LTD., a Texas limited partnership By: Cypress Creek GP, Inc., a Texas corporation, its general partner B Y� Dinah Weems, p so ' �SS T STATE OF AS § S § COUNTY© § pw s. This instrument was acknowledged before me on November., 2019, by Dinah Weems, Vice President of Cypress Creek GP, Inc., a Texas corporation, general partner of CYPRESS CREEK HOLDINGS, LTD., a Texas limited partnership, Mbehalif of said limited partnership. LUZ ROSA Notary ip #126412347 Notary. U 'c in and for the State of Texas My Commission Expires ati 17. X21 0 [Grantor Signature Pages Continued on Next Page] GRANTOR: MELISSA CLEAVES BENSON OAA— MELISSA CLEAVES BENSON, TRUSTEE OF THE MELISSA CLEAVES BENSON 1993 NONEXEMPT TRUST 44L !, Imo rMs - - MELISSA CLEAVES BENSON, TRUSTEE OF THE MELISSA CLEAVES BENSON 1993 EXEMPT TRUST STATE OF TEXAS § COUNTY OF 14) !!iao—fta § This instrument was acknowledged before me on November if 1019, by MELISSA CLEAVES BENSON, individually and as TRUSTEE OF (I) MELISSA CLEAVES BENSON 1993 NONEXEMPT TRUST AND (I) MELISSA CLEAVES BENSON 1993 EXEMPT TRUST. n [Notary Stamp/Seal] Public in and for the State of [Grantor Signature Pages Continued on Next Page] 'All rage VANESSA� LSE BODY _•! KENotefy Pubtfo, State of Texae sry%ikr Comm. Expfrea 06-27.2023 Notary ID 130239069 4 G ttcATNTOR: CONSTANCE CLEAVES BRA 'EBIL.L STATE OF TEXAS § /nt § COUNTY OF L-;,W64 § This instrument was acknowledged before me on November _ ice, 2019, by CONSTANCE CLEAVES BRAKEBILL. JOSHUA JOKES Notary Public, State of Tma otaty Pubnd for the State of Texas ! 1. '- l aComm. Expires 08 03-2023 of 32035718 [Grantor Signature Pages Continued on Next Page] 5 a VIROINIA PARSSH CLEAVES ' V) ( voau '( -ITEC/ VI$T�XA PARRISH CLEAVES, TRUSTEE OF VIRGINIA PARRISH CLEAVES NONEXEM UST II �r� L iiE� a+,. iNI,A PARRISH CLEAVES, TRUSTEE OF THE VIRGINIA PARRISH CLEAVES 1993 NONEXEMPT.TRUST to G IA PARRISH CLEAVES, TRUSTEE OF'Tft VIRGINIA PARRISH CLEAVES 1993 EXEMPT TRUST STATE OF TEXAS § COUNTY OF 01 t I iar-000n § This instrument was acknowledged before me on November 18'4'2019, by VIRGINIA PARRISH CLEAVES, acting individually, and as TRUSTEE OF THE (1) VIRGINIA PARRISH CLEAVES NONEXEMPT TRUST II, (I1) VIRGINIA PARRISH CLEAVES 1993 EXEMPT TRUST, AND (M) VIRGINIA PARRISH CLEAVES 1993 NONEXEMPT TRUST. Notary Public in and for the State of T [Notary Stamp/Seal] [Grantor Signature Pages Continued on Next Page] VANESSA LEA CODY Notary Public, State of Taxes Comm. Expires 05.27-2023 Notary ID 130239669 0 GRANTOR: -aAl d- aA�� WILBUR R. CLEAVES WILBUR R. CLEAVES, TRUSTEE OF THE WILBUR R CLEAVES NONEXEMPT TRUST II WILBUR R. CLEAVES, TRUSTEE OF THE WILBUR R. CLEAVES 1993 NONEXEMPT TRUST LBUR R. CLEAVES, TRUSTEE OF THE WILBUR R. CLEAVES 1993 EXEMPT TRUST STATE OF TEXAS COUNTY OF U)01�116')60^ This instrument was acknowledged before me on November ;q'2019, by WILBUR R. CLEAVES, individually and as TRUSTEE OF (I) WILBUR R. CLEAVES NONEXEMPT TRUST II, (II) WILBUR IL CLEAVES, 1993 NONEXE TRUST AND (III) WILBUR R. CLEAVES 1993 EXEMPT TRUST. VANESSA LEA CODY fi�4e : Notery Public, State of Taxes ? �•, Comm, Expires 05-27-2023 Notary ID 130239669 [Notary Stamp/Seal] atary Public in and for the State [Grantor Signature Pages Continued on Next Page] rtA;dnfii;) STATE OF fS- COUNTY OF hW -(ad e- GAR NTOR; CATHERI(NE CLEAVES MAHON 0, / k CATHERINE CLEAVES MAHON, TRUSTEE OF THE CATHERINE CLEAVES MAHON 1993 NONEXEMPT TRUST (�W' (24, //jj': j=' I T 4 � - � � CATHERINE CLEAVES MAHON, TRUSTEE OF THE CATHERINE CLEAVES MAHON 1993 EXEMPT TRUST This instrument was acknowledged before me on November H 12019, by CATHERINE CLEAVES MAHON, individually and as TRUSTEE OF (1) CATHERINE CLEAVES MAHON 1993 NONEXEIMPT TRUST AND (II) CATHERINE CLEAVES MAHON 1993 EXEMPT TRUST, [Notary Stamp/Seal] ,INN t Ill itt BQNTd'�/�i �OiA,p�„'�1t4: WCOA A 00W S. r 1�t0. t�19686D �� 'OUDBt -A $' Notary Public in an for the State ofA*w 6. J PWt ridq Exhibit A - Property U�xhibit L3 Permitted Encumbrances See attached, Exhibit A to Special Warranty Deed Property A-1 All of that certain 96.944 acres (4,222,898 square feet) tract or parcel of land situated in the MARY FABREAU SURVEY, Abstract Number 69, Galveston County, Texas, said 96.944 acres tract being all of that same tract, called 97.00 acres, described in that certain Special Wan-anty Deed from Janet Cleaves Acord, Trustee, to Cypress Creek Holdings, Ltd. recorded in Clerk's File Number 201 t019071 of the Official Public Records of Galveston County, Texas, said 96.944 acres tract being more partici larly described by metes and hounds as.follows, with all bearings based on the Texas State Plane Coordinate System, South Central Zone: BEGINNING at an iron rod with cap stamped "Wilson" found for the most Northerly corner of said 97.00 acres tract, said point being the most Easterly corner 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 Southwesterly line of the SARAH McKISSICK SURVEY, Abstract Number 151, Galveston County, Texas; THENCE, S 48-14156" E, a distance of 60.26 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the Northeast corner of said 97.00 acres tract, said point being the Northeasterly corner of said MARY FABREAU SURVEY; being the most Southerly corner of said SARAH McKISSICK SURVEY; being a Westerly corner of the JOHN DICKINSON SURVEY, Abstract Number 9, Galveston County, Texas; being the most Westerly corner of Restricted Reserve "D" of WEST RANCH WEST LAKE SECTION TWO, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 2012A, Map Number 56-57 in the Office of the County Clerk of Galveston County, Texas, and from which a found 2 inch iian pipe bears S 61039' E, 0.96 feet; THENCE, S 0300617" E, along the West line ofsnid WEST RANCH WEST LAKE SECTION TWO; of WEST RANCH WEST LAKE SECTION THREE, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 2013A, Map Number 97-98; of WEST RANCH LAKESIDE SECTION TWO, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 2014A, Map Number 54-55; and of SIERRA AT WEST RANCH SECTION ONE, a Subdivision in Galveston County, Texas, according to the map of plat thereof recorded in Plat Record 2014A, Map Number 11-13, all recorded in the Office of the County Clerk of Galveston County, Texas, and along the West line of said JOHN DICKINSON SURVEY, a distance of 2916.74 feet to a 5/8-inch iron rod with cap stamped "GeoSurv" set marking the most Southerly East corner of both said 97.00 acres tract and of said MARY ITABREAU SURVEY, said point also being the most Northerly corner both the I.&G.MR.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; THENCE, S 41 °52'16" W, along the Southeasterly line of said MARY FABREAU SURVEY and a Northwesterly line of both said I.&G.N.R.R. COMPANY SURVEY NUMBER 4 and of said 941.89 acres tract, a distance of 928,48 feet to a 518 inch iron rod found for the most Southerly corner of said 97.00 acres tract, said point also being the most Easterly corner of a called 194.21 acres tract, called Tract "A", described in that certain Special Warranty Deed froin 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; THENCE, N 48°0744" W, a distance of2122.93 feet to a 5/8-inch iron rod found for the most Westerly corner of said 97.00 acres tract, said point being a reentrant corner of said 194.21 acres tract; THENCE, N 41053'32" 13, along the Northwest line of said 97.00 acres tract, at 550.62 feet passing a North corner of said 194.21 acres tract, and continuing along the Southeast line 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; of EAGLE LAKES SECTION 6, a A-2 Subdivision in Galveston Comity, Texas, di�onrding to the map of plat thereof recorded In Volume 18, Page 770, both in Iho Offcie of the County C.lork of Galveston County, Texas; and of said EAGLE LADS SECTION 5,-a.distanoe of 2991,08 feat tar the'POINT OF BEGINNING and containing within said boundaries a caletalated area of 96.944 acres (4,222,898 square feet). SAVE AND EXCEPT the 4.994-acre tract described on the following pages: A-3 City of Friendswood Mary Fabreau Survey Proposed Friendswood Lakes Boulevard Abstract No. 69 Right -of -Way 4.994 Acres STATE OF TEXAS COUNTY OF GALVESTON METES AND BOUNDS DESCRIPTION of a 4.994-acre tract In the Mary Fabreau Survey, Abstract No. 69 In Galveston County, Texas, Said 4.994-acre tract is in a 97.00-acre tract of land described In .a deed to Cypress Creek Holdings, Ltd. as recorded in Clerk's File No. 2011019071 1n the Galveston County Clerk's Office and Is more particularly described by metes and bounds as follows: BEGINNING at a 1/2-Inch Iron rod found for the most southerly comer of Reserve "A" of the Dominion at Friendswood Lakes Subdivision as recorded in Clerk's File No. 2011033977 in the Galveston County Clerk's Office, said point bears North 41053146" East a distance of 651.04 feet from the most westerly comer of said 97.00-acre tract; THENCE, South 49021'36" East, along the proposed north right-of-way line of Friendswood Lakes Boulevard (based an a width of 100-feet) for a distance of 629.33 feet to the point of curvature of a curve to the left; THENCE, continuing along the proposed north line of said Frendswood Lakes Boulevard and with said curve to the left, having a radius of 2,000.00 feet, a central angle of 16024'091, (chord bears South 57033'40" E, 570.61 feet), for an arc length of 572,56 feet to the point of tangency; THENCE, South 65°4545" East, continuing along the proposed north line of said Friendswood Lakes Boulevard for a distance of 960.60 feet to a point In an easterly line of the aforementioned 97.00-acre tract, same being the easterly line of the aforementioned Mary Fabreau Survey and westerly line of the John Dickinson Survey, Abstract No. 9; THENCE, South 03000'02" East, along an easterly line of sold 97.00-acre tract, same being the easterly line of said Mary Febreau Survey, for a distance of 26.92 feet to an angle point of said 97.00-acre tract, said point is the northeasterly comer of the I. & G.N. R.R. Survey No, 4, Abstract No. 608; THENCE, South 41052'31" West, along the most southerly east line of said 97.00-acre tract, same being the common line between said Mary Fabreau Survey and said 1. & G.N. R.R. Survey No. 4, for a distance of 79.84 feet to a point in the proposed south line of the aforementioned Friendswood Lakes Boulevard; THENCE, North 65°4545" West, along the proposed south line of said Friendswood Lakes Boulevard for a distance of 944.78 feet to the point of curvature of a curve to the right; A-4 THENCE, continuing along the proposed south line of said Frlendswood Lakes Boulevard, and with said curve to the right, having a radius of 2,100.00 feet, a central angle of 16024'091, (chord bears North 57"33'40" West, 599.14 feet), for an err length of 601.19 feet to the point of tangency; THENCE, North 49°21'36" West, continuing along the proposed south line of said Frlendswood Lakes Boulevard for a distance of 631.52 feet to a point In the wesledy line of the aforementioned 97.00-acre tract, same being an Interior line of a 194.21-acre tract of land (called "Tract A") described In a deed to Yellowstone Hilt Country Ranching, LLC as recorded In Clerk's File No. 2010069686 In the Galveston County Clerk'8 Office; THENCE, North 41 °53'46" East, along the westerly line of said 97.00-acre tract, same being an easterly line of said 194.21-acre tract, for a distance of 100.02 feet to the POINT OF BEGINNING, containing a computed area of 4.994-acres (217,559 square feet). A-5 FILED AND RECORDED Instrument Number: 2019064239 Recording Fee: 84.75 Number Of Pages:16 Filing and Recording Date: 11/20/2019 3:40PM 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. DO NOT DESTROY - Warning, this document is part of the Official Public Record. Exhibit B to Special Warranty Deed Permitted Exceptions 1. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument recorded in Volume 1177, Page 89 of the Deed Records of Galveston County, Texas. 2. An easement granted to Community Public Service Company set forth in instrument recorded in Volume 1749, Page 930 of the Deed Records of Galveston County, Texas. 3. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument recorded in Volume 2355, Page 463 of the Deed Records of Galveston County, Texas. 4. Sanitary sewer easement granted in instrument recorded under Clerk's File No. 9310668 of the Official Public Records of Galveston County, Texas. 5. Water line easement granted in instrument recorded under Clerk's File No. 9518955 of the Official Public Records of Galveston County, Texas. 6. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument recorded under Clerk's File No. 20000035479 of the Official Public Records of Galveston County, Texas. 7, Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument recorded under Clerk's File No. 20000035480 of the Official Public Records of Galveston County, Texas. 8. Easement and right of way granted to Exxon Pipeline Company in instrument recorded under Clerk's File No. 2000064554, subsequently assigned to South Texas NGL Pipelines, LLC, as reflected in instrument recorded under Clerk's File No. 2007067030 of the Official Public Records of Galveston County, Texas. 9. Maintenance and construction easements granted to Exxon Pipeline Company in instrument recorded under Clerk's File No. 2000064554 of the Official Public Records of Galveston County, Texas. 10. Electric distribution easement granted to Texas -New Mexico Power Company in instrument recorded under Clerk's File No. 2005010196 of the Official Public Records of Galveston County, Texas. j —1 (4.-- W -;zi r Zm H— W .1FY GwaT lilt —'ON i 45-.;h� TAYLOR MORRISON OF TEXAS.INC v Taylor Morrison of Texas, Inc. 96.944 Acres STATE OF TEXAS § COUNTY OF GALVESTON § Mary Fabreau Survey Abstract No. 69 METES AND BOUNDS DESCRIPTION of a 96.944-acre tract in the Mary Fabreau Survey, Abstract No. 69 in Galveston County, Texas. Said 96.944-acre tract is all of a 97.00-acre tract of land described in a deed to Cypress Creek Holdings, Ltd. as recorded in Clerk's File No. 2011019071 in the Galveston County Clerk's Office and is more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the northwest corner of said 97.00-acre tract, said point is in the southwest line of the Falcon Ridge, Section Three Subdivision as recorded in Volume 18, Page 282 in the Galveston County Plat Records, same being the common survey line between said Mary Fabreau Survey, Abstract No. 69 and the Sarah Mickissick Survey, Abstract No. 151; THENCE, South 48014'41" 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 comer of the herein described tract, said point is the west corner of Reserve "B" in the West Ranch West Lake, Section Three Subdivision as recorded in Clerk's File No. 2013072445 in the Galveston County Clerk's Office and is an easterly comer 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 34001'00" West, 0.56 feet; THENCE, South 03006'02" East, along east line of said 97.00-acre tract, same being the westerly line of said West Ranch West Lake, Section Three, the westerly line of West Ranch Lakeside, Section Two as recorded in Clerk's File No. 2014032373 in the Galveston County Clerk's Office, the westerly line of Sierra at West Ranch, Section One as recorded in Clerk's File No. 2014009933 in the Galveston County Clerk's Office and is an easterly line of said Mary Fabreau Survey, for a distance of 2,916.74 feet to a 5/8-inch iron rod set for the most easterly northeast corner of the herein described tract, said point is the most northerly corner of a 941.89-acre tract of land called "First Tract" as described in a deed to Wesley West Cattle Company as recorded in Clerk's File No. 9222784 in the Galveston County Clerk's Office and is the north corner of the I. & G.N. R.R. Survey No. 4, Abstract No. 608; THENCE, South 41 °52'31" West, along the southeasterly line of said 97.00-acre tract, same being the southeasterly line of said Mary Fabreau Survey, same being the west line of said I. & G.N. R.R. Survey No. 4 and is a west line of said "First Tract", for a distance of 928.48 feet to a 5/8-inch iron rod found for the southeast corner of the herein described tract, said point is the northeast corner of a 194.21-acre tract of land called "Tract A" as described in a deed to Yellowstone Hill Country Ranching, LLC as recorded in Clerk's File No. 2010059686 in the Galveston County Clerk's Office; THENCE, North 48007'29" West, along the south line of said 97.00-acre tract, same being the north line of said 194.21-acre tract, for a distance of 2,122.93 feet to a 5/8-inch iron rod found for the southwest corner of the herein described tract, said point is an interior corner of said 194.21-acre tract; THENCE, North 41 °53'46" East, along the west line of said 97.00-acre tract, same being an interior line of said 194.21-acre tract, at a distance of 551.04 feet pass a 1/2-inch iron rod found for the southeast corner of the Dominion at Friendswood Lakes Subdivision as recorded in Clerk's File No. 2011033977 in the Galveston County Clerk's Office, at a distance of 1,137.15 feet pass a 5/8-inch iron rod found for the northeast comer of said Dominion at Friendswood Lakes subdivision, same being the southeast comer 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 comer of said Eagle Lakes, Section 6, same being the southeast corner of Eagle Lakes, Section 5 Subdivision as recorded in Volume 18, Page 554 in the Galveston County Plat Records and continue for a total distance of 2,991.68 feet to the POINT OF BEGINNING, containing a computed area of 96.944-acres (4,222,900 square feet). Note: 1. Bearings shown hereon are based on the Texas Coordinate System of 1983, South Central Zone. 2. A separate survey plat has been prepared in connection with this metes and bounds description. 3. All set rods were set with cap stamped "Wilson Survey Group" 4. At the time of this survey, the subject tract has no public right-of-way access. as defined on the Final Plat of Falcon Ridge Section Three, recorded in volume 18, page 282 Galveston County Plat Records and the Final Plat of Friendswood Lakes Boulevard recorded in Clerk's File No. 2017033870 in the Galveston County Map Records, the portions of the one foot wide buffer reserves adjacent to the subject tract shall become vested in the public for right-of-way purposes with the platting of the subject tract. The Wilson Survey Group, Inc. 2006 East Broadway, Suite 103 Pearland, Texas 77581 (281) 485-3991 Job No. 18-148 TBPLS Firm No. 10014900 —4 �� 1. U/,� . &S—_ Michael D. Wilson, R.P.L.S. Registration No. 4821 og/o51ia ArcGIS Web Map 7/12/2021, 1:17:26 PM 1:9,028 _ _ _ : City Limits Streets 0 Parcels All Linear Water Features 0 0.05 0.1 0.2 mi 0 0.1 0.2 0.4 km Esri Community Maps Contributors, Brazoria County, Texas Parks & Wildlife, Esri, HERE, Garrnin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA ArcGIS Web AppBuilder Esri Community Maps Contributors, Brazoria County, Texas Parks & Wildlife, BuildingFootprintUSA, Esri, HERE, Garrnin, SafeGraph, INCREMENT P, METI/NASA, USGS, EPA, NPS, US Census ArcGIS Web Map o FM 528 a 9 0 ® - t�."4�'i\ o a a! °'� �,FM518 e?¢,o°oho °®0 4 o ea��o �a ply ":�Fe��' Ip �o" pu, ° gao'Q . � �' d PT 6 0 � Qo \d 5o p 0� ��' �Li'p Q , � • Crr]d $ A S �} pj . �®° o p °�sr • "© � ^ova p � �� ""'' s , } ° p ,tyA�Qc'°o °° oeo F oh�a ®\®�2°i/ -a n " %!�, J M1 ��- �6 Q6 0� v..o'�H A� '.-i��.//�°;� �p49p��jF •�,�� ,J,`° �f$', .f ff.- . • t / } " .4 /^� °o �� !m� .: c� �r,�or� c'Ne �Qr� °s ��'Osta, 7 / �e> O, ' /o• J� xx 'c3S° tie on ..,Field 33 QQ: FM 528 r �p `yc ,� �'' r Q g °�:rn` lhR e 04: 9 °d'i \q, o�� !�u ,c}o ? Q,°°;`i> Q t�.J , Sip Praeti �e °� .;d \`� ° co , �$ g b .�� , Field .34� F eld L0\=yg©©®®\�ko:. mo a3:,mS°eo\o P `�J �r c <',✓o <jp o nn .a Fa.�c , e ❑ . Field 8 r eta °?n °ate 4 rip. to o. ,n ,Re'�v bi c rs' Fnerld wood �4 /3 in '' b J ror H' heat f • y �1 0 p ;4 u: 8gyp} r.�`o t ntennial'Park f / / �dQ? ��3° 0 ?� �' °° ' Q� • °(P,rBctice Field 2 / d�o pe�V i/; c'v 9�°Oo "oa3 "o��ahgc 6 i0 T�hce Re erse°in kr� I ycU>Vccnpt/ i = co ax s i✓reelr�}4' Ic Subject Property: ' ` Avalon P U D Arbor•Gate$ 184 acresW ,� San �oequiri Parkway .__ � /' 4 p"I- p i_LfakeiF�rnd tL ., b f Q 0® 10 V, 6 ' - -Lakew rY Drlve _ c:2 Recenity annexed property - 26.921 acres (no zoning 0 r assigned) 7/12/2021, 1:23:49 PM 1:18,056 0 0.13 0.25 0.5mi _ _ _ City Limits 0 0.2 0.4 0.8 km All Linear Water Features Map data 0 OpenStreetMap contributors, Microsoft, Esd Community Maps contributors, Map layer by Esri ArcGIS Web AppBuilder Map data 0 OpenStreetMap contributors, Microsoft, Esd Community Maps contributors, Map layer by Esd i ArcGIS Web Map r__ ; 0 0.05 0.1 0.2mi City Limits Zoning of Parcels 0 0.1 0.2 0.4 km Streets CSC Parcels MFR-GHD Esri Community Maps Contributors, Brazoria County, Texas Parks & Wildlife, Esri, HERE, Gannin, SafeGraph, INCREMENT P, METI/NASA, All Linear Water Features PLID USGS, EPA, NPS, US Census Bureau, USDA SFR ArcGIS Web AppBuilder Esri Community Maps Contributors, Brazoria County, Texas Parks & Wildlife, BuildingFootpdntUSA, Esri, HERE, Gannin, SafeGraph, INCREMENT P, METIMASA, USGS, EPA, NPS, US Census EXHIBIT "B" Avalon at Friendswood PUD AVALON AT FRIENDSWOOD PLANNED UNIT DEVELOPMENT AMENDMENT NO. 1 + 184.0 Acres Prepared For: Taylor Morrison PREPARED BY: 24275 Katy Freeway, Suite 200 Katy, TX 77494 APPROVED: May 2019 (Ordinance 2019-11) AMENDED: August 2019 (Ordinance 2019-37) AMENDED: July 2021 TABLE OF CONTENTS Introduction a. Purpose b. Location and Existing Conditions II. Project Description a. Character of Community b. Land Use c. Permitted Uses III. Development Guidelines a. Residential Development Regulations b. Signage c. Amenities/Open Space d. Phasing/Development Schedule IV. Exhibits a. Area Map b. Conceptual Development Plan META Planning + Design - 2 - INTRODUCTION Purpose This application has been prepared on behalf of Taylor Morrison, pursuant to the City of Friendswood's Ordinances related to a Planned Unit Development (PUD). The purpose of the PUD District is to encourage flexibility in the development of land, promote the most appropriate uses, and encourage a cohesive residential development. This PUD will establish development regulations and standards that will ensure quality development, consistent with the intent of the Friendswood Subdivision and Zoning Ordinances. Location and Existing Conditions The Avalon at Friendswood PUD is located on a + 184 Ac. tract located west of West Blvd, situated between the West Ranch subdivision to the east and the Friendswood Lakes subdivision to the west. The subject tract is bisected thru the middle by Friendswood Lakes Blvd and a portion lies along the city limit line of the City of Friendswood and City of League City. An existing lake sits on the southern side of the tract, south of Friendswood Lakes Blvd and the remainder of the tract is currently undeveloped. See Exhibit A — Area Map. All land immediately surrounding the subject tract is either residential or undeveloped. Therefore, the proposed development is compatible with the surrounding land uses. Furthermore, existing easements around the tract act as natural buffers with adjoining properties. As a result of these various factors, the proposed Avalon at Friendswood development will be a suitable use for the tract. META Planning + Design - 3 - PROJECT DESCRIPTION Character of Community Avalon at Friendswood will be a gated, residential neighborhood with both residential and recreational character. The PUD will create flexibility in the design while still maintaining a high quality and cohesive community. A high level of architectural character and design aesthetics will be utilized throughout the development. These elements ensure the project's strong, cohesive character and sense of community. 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 includes a circulation of local residential streets, with a single thoroughfare, Friendswood 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 at 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 (10%) 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 (SFR) in the City of Friendswood code of ordinances are permitted within this tract. META Planning + Design - 4 - II III WNIto] :2►`j1:4MEC111110ANIN_=61 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 Acre Sq. Ft.) Front Interior Corner Maximum Requirements Maximum Lot (Ft) Rear (Ft) Side (Ft) Side (Ft) (Ft) (per Unit) Coverage 25 Single (Typ)/ Family 20 (cul Residential 4.5 7,200 60 de sac) 15 5 10 40 A 65% 25 Single (Typ)/ Family 20 (cul Residential 4 8,400 70 de sac) 15 5 10 40 A 65% 25 Single (Typ)/ Family 20 (cul Residential 3.5 9,600 80 de sac) 15 5 10 40 A 65% 25 Single (Typ)/ Family 20 (cul Residential 1 3 1 10,800 90 de sac) 1 15 1 5 10 40 A 65% A - Parking is required in accordance with the Parking Group Table in the Design Criteria Manual 2) Lake Lots 1. A drainage maintenance easement will be established along 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 of Access 1. Any development over seventy-five (75) lots must have two points of access. a. A second point of access may be provided thru the following methods i. Public or private right of way 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. A gated community is permitted, subject to all applicable standards. In a gated community, all the streets will be private. Signage Signage within the PUD will conform to the City of Friendswood 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 displayed on 4' x 8' vertical signs. All temporary signs must be removed when the principle building on the applicable building site is occupied. Additional temporary builder signs directing potential home buyers to various neighborhood/model homes may be installed behind the public right of way. These temporary signs will remain until the section is 80% complete. 2) Neighborhood monumentation a. Neighborhood monumentation is permitted within the parameters set forth in the City of Friendswood signage ordinance. META Planning + Design - 6 - Amenities Lakes and Open space areas account for approximately 40% of the gross acreage of Avalon at Friendswood. 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 as follows: Open Space Amenity Acreage* Lakes/Detention +/- 49.8 Easements +/- 12.2 Landscape/Open Space +/- 10.9 TOTAL +/- 72.9 'All acreages are preliminary and subject to changes as development occurs In addition to the recreation and open space areas listed above, the development will comply with all applicable City of Friendswood Parkland Dedication requirements and/or Parkland Fees. Phasing and Development The development is intended to be constructed in 4 phases. The initial phase will consist of approximately 105 lots (Section 1) and will be located south of Friendswood Lakes Blvd. Phase two will include approximately 65-70 lots (Section 2) and will be made up of the remainder of the lots south of Friendswood Lakes Blvd. Phase 3 will include approximately 100-105 lots located) around the small lake north of Friendswood Lakes Blvd. Phase 4 will consist of the remaining lots on the northern most portion of the property. It will be made up of approximately 20-25 lots. It is proposed that there will be approximately 295 total lots within the 4 phases. This proposed phasing is based on preliminary projections, but the final timing of development as well as the number and location of phases may be modified based on market conditions. In addition, all phasing will be coordinated with the construction of Friendswood Lakes Blvd. No plat recordation will be permitted until substantial completion of Friendswood Lakes Blvd. up to the entrance of the Avalon at Friendswood development. All platting will be in compliance with the access requirements of the Subdivision Ordinance and International Fire Code. IV. EXHIBITS Exhibit A — Area Map Exhibit B — Conceptual Development Plan META Planning + Design - 7 - 4.. SUBJECT PROPERTY Y - '"4�4 ., ..hibil F., AVALON AT FRIENDSWOOD 184.0 ACRES OF LAND i "i-O"i TAY L 0 R I S 0 N META 24275Ketj $- 200 Ky, F--, . 7 74 9 4 t�17I810-1422 -ANNI- - ULSIGI t- Ix 11111D. 11.1-11LI. 11 T.1 111C, 01 1., 1.1 ... 1'.. M MTA-47101,A AY 26, 21 jr !W. M Ali jlf - 7, 7 :S Alk F3 Art LO (TYP.M. 301 33 LOT (Tl'P.BOk130) ±44.0 Ac, T A� 9 LOT SUMMARY 60'xl30' 54 LOTS 19% 70'xl30' 174 LOTS 590/b 90'xl30' 67 LOTS 22% • TOTAL 295 LOTS Ill SEC 2 -1 10 LOTS (7YP6O'x130) 12 LOTS CrYR90'XI30) 45LOTS (TYPIM(130) IMA Ac. SF-4 22 LOTS k. (TYPAM030 t8.7 Ac. f Pi L SEC 1 22 LOTS CrYP60'030) 61 LOTS (TYPIM(130) 22 LOTS (TYP.90"30) ±68.2 Ac. athematic development pl.. AVALON AT FRIENDSWOOD 184.0 ACRES OF LAND pr.pd f.w TAYLOR MORRISON M E TA 24271 10* I K., , " W:1 MTA�471 IA MAY 29, 7011