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HomeMy WebLinkAboutResolution No. 2020-19RESOLUTION NO. R2020-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING LAND IS NEEDED FOR, CONSTRUCTION AND EXTENSION OF FRIENDSWOOD LAKES BOULEVARD; ACCEPTING DEDICATION AND CONVEYANCE OF .0576 ACRES OF LAND FROM WESLEY WEST CATTLE, L.P., AND WESLEY WEST DESCENDANTS TRUST AND RATIFYING THE CITY MANAGER'S EXECUTION OF THE LETTER AGREEMENT BETWEEN TAYLOR MORRISON OF TEXAS, INC., WESLEY WEST CATTLE, L.P., WESLEY WEST DESCENDANTS TRUST AND THE CITY OF FRIENDSWOOD, TEXAS. REGARDING FRIENDSWOOD LAKES BOULEVARD RIGHT-OF-WAY AND AVALON SUBDIVISION DETENTION CAPACITY. WHEREAS, the City Council of the City of Friendswood, Texas; has determined that land is needed for the construction, operation, maintenance and extension of Friendswood Lakes Boulevard; and WHEREAS, Taylor Morrison of Texas, Inc., has dedicated the necessary right-of-way to the City of Friendswood for the construction of Friendswood Lakes Boulevard from the western boundary to the eastern boundary of the Taylor Morrison Tract; and WHEREAS, Wesley West Cattle. L. P., and Wesley West Descendants Trust (collectively "West") own approximately .0576 acres of land immediately adjacent and east of the Taylor Morrison Tract, which Boulevard Parcel is needed to connect the existing point of termination of the Boulevard and the Taylor Morrison Tract; and WHEREAS, the Letter Agreement sets forth the understanding and terms by and among Taylor Morrison, the City and West regarding the responsibilities and obligations of each of the parties related to the conveyance of the Boulevard Parcel by West for the construction of the Boulevard and, in exchange, for a Taylor Morrison to provide to West up to thirty (30) acre feet of capacity within Taylor Morrison's detention facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS. Section 1. That the facts and matters set forth in the Preamble of this Resolution are hereby found to be true and correct. Section 2. That the City Council of the City of Friendswood, Texas, accepts the dedication and conveyance of said .0576 acre of land from West, approves of the Letter Agreement and ratifies the City Manager's execution of the Letter Agreement between Taylor Morrison, West and the City of Friendswood. PASSED, APPROVED, AND ADOPTED this the 31" day of August, 2020. Mayor ATTEST: . + * • a I } 0 Melinda Welsh, TRMC 0. City Secretary ; (-P; ... R2020-19 2 This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is expected to be placed on the Friendswood City Council agenda. Date requested for City Council consideration: August 3, 2020 Date submitted: 6/4/2020 Prepared by: Glenda Faulkner, Executive Secretary Subject: Resolution No. R2020-19: A resolution of the City Council of the City of Friendswood, Texas, determining land is needed for construction and extension of Friendswood Lakes Boulevard; accepting dedication and conveyance of .0576 acres of land from Wesley West Cattle, L.P. and Wesley West descendants trust and ratifying City Manager's execution of letter agreement between Taylor Morrison of Texas, Inc., Wesley West Cattle, L.P., Wesley West descendants trust and the City of Friendswood, Texas. Regarding Friendswood Lakes Boulevard right-of-way and Avalon subdivision detention capacity. Originating Department: Engineering Degree of importance: Critical SUMMARY / ORIGINATING CAUSE In the November 2017 Galveston County Election Bond, voters approved a proposition which allocated $3.57 million towards the construction of Friendswood Lakes Boulevard between Stoney Lake Drive and West Boulevard. The County further allocated up to an additional $1 million in funds to be used as a match to City funds for this project on a dollar for dollar basis: In May 2018, Council approved an Agreement for Funding of Public Improvements with several parties which included a collective contribution of $600,000 from the Developers (split 3 ways) in said agreement. A large portion of the right-of-way necessary for this project was dedicated at Council's August 2018 meeting. However, a 0.0576 acre tract remained outstanding to complete the right-of-way needed for Friendswood Lakes Boulevard. In consideration of the donation of that right-of-way, the owner of that tract asked that he be provided with some detention capacity in the southern 38 acre lake of the proposed Avalon at Friendswood Subdivision. The City, Wesley West Cattle, L.P, Wesley West Descendants Trust, and Taylor Morrison of Texas have executed a Letter Agreement which sets forth the understanding, terms, and obligations of each party in relation to the conveyance of this 0.0576 acre tract. Per the Letter Agreement, Taylor Morrison will provide 30 acre-feet of detention plus an easement to be used by future development in the -vacant land to its east. In addition, Taylor Morrison is made responsible for construction of the easternmost 210 feet of Boulevard, in lieu of their $200,000 contribution (alternately, it would cost the City and County approximately $325,000 to build this section). As a,result, Taylor Morrison would be free to construct that section of Boulevard at their own speed rather than being at the mercy of the larger Friendswood Lakes Boulevard, whose construction is expected to last through the end of May or. early June 2021. IMMINENT CONSEQUENCES /BENEFIT TO COMMUNITY As a result of this Letter Agreement, the City will be dedicated what remains of necessary right-of-way for Friendswood Lakes Boulevard. In addition, the:County and City will realize a savings of $125,000 by foregoing the construction of the easternmost 210 feet of Boulevard. Construction of the Boulevard is expected to begin in late August or early September. t RECOMMENDATIONS Approve the resolution, accept the dedication and conveyance of land, and ratify the City Manager's execution of the Letter Agreement. ,. .ATTACHMENTS` 1. R2020-19 Letter Agreement and land from Wesley West for Friendswood Lakes Bvld 2. General Warranty Deed FLB 3. 2020-07-01 TM Letter Agreement for Detention and ROW 6.24.20 - FULLY EXE... GENERAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF GALVESTON § THAT WESLEY WEST CATTLE, L.P, AND WESLEY WEST DESCENDANTS TRUST (collectively, "Grantor"), for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid in cash to the Grantor by the Grantee herein named, has GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND -CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a Home -Rule City of the State of Texas ("Grantee"), all of the property described as being. a 0.0576 acre tract of land, further described in the attached exhibit "A" (the "Property"). THIS CONVEYANCE IS MADE BY GRANTOR AND ACCEPTED BY GRANTEE subject to the terms, conditions and provisions hereof and further subject to all applicable easements, conditions, restrictions, covenants, mineral or royalty interests, mineral reservations, regulations or orders of municipal and/or other governmental authorities, if any, or other matters of record, to the extent, but only to the extent, they are validly existing and affect the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto and 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 of any part thereof. Executed this day of 12020. [-Signature pages follow this page.] Wesley West Cattle, L.P. 0 Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2020 by (title) of 1 Notary Public, State of Texas Wesley West Descendants Trust 0 Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged- before me on , 2020 by (title) of Notary Public, State of Texas ACCEPTED BY: The City of Friendswood Name: Title: THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before' me on , 2020 by (title) of AFTER RECORDING RETURN TO: City Secretary City of Friendswood 910 S. Friendswood Drive Friendswood, TX 77546 Notary Public, State of Texas 'so oa 200 EXHIBIT "A" GRAPHIC SCALE IN FEET - THE PROPERTY LOT'1 FA IKON RIDG E� wT O n 9 -ECTJONTHREE l VOLS. 18,PG:282G C: D: R. FND.'5/O IR;SY/CPY _ STAIJPED'�'lILSC(N SURVEY Gfi7NP 's 'rr" . 34 �►$ rcr LOT 3 TT LDr_2" FAGLE.LaiaS'' ' ,g4; q9�'d¢�' .'FT1D. 5/8; IR'N% GaP,• . 5`f i'Y]I!$ J ro - STAFAf?E0 VILSON: SURVEY 01d70P' -VOL: 13, PG.55x•G.C. IA. R. Sq� MARS N37D000'W 6.49' WE76RABCNTpNTCH4VTU S.7 Ei` ";S N10 _ 8 J _ FILE N0.2D12 MI190 A,q.R: 15 mF `may 2`S 4Jl' ' LOT .1 PND SU-.IR VWW STAikil WSON SURVEY QMUP'1 .} "EST .RANCH W EST, LAKE_ LE SBCTI]N THREE: FII10.2013012ii5.G'A.LI:R. t � :o -REMNNDER"OF,A 4 UUEST RA.t16M'L41�SIDE CkLED 9&O AMES LOT-10 SECTIO11 MU 7A:ILORNORRISON.,OPTEXPS,�.R1G _.4. FILEN0,211r.m9533G>;;LLR. G.C,GF.`TNDr 2019084279 m•� �• �CAP.Rr . j th // LOT LOT S - ] _ - .. 4f�..- d� r/yam •__ _ _ .'-'.f ��.V • LDT 2B i ;�, tior zi t• w END: 1/2" IP-W, iCAPS m SIE_ RPA AT WEST RANgH .:LEGEND SfAWPm INC'pOJ7E FIL_ E N0. 2111m4933 'FILE, NO; - 'FILE NOM9ER. ESNTT.' EASEMENT_ LDi ;G,i^C.F: NOCOUNrf CLERKS. FILE NUMBER I "n GLL4ESTON COUNTY: MI RECORS . POE 10 C.C.O,P.R, -CALWSTON COUNTY OFFICIPL PUBLIC,, FFDSWR1N1 N ' LOT 16 Lar'15 RECORDS_.! . NP .IRONRON , PIPE_ - IR IROD' PLO a994;ACREs 24t43� LoT 14 POB `POINT'017 BEGINNING; CITY GF..FPoEHOSx1700, LOT 13 POC. POINT OF COMMENCING GD C,F, Fm. 2at90M.237 �SQ.'FL SgUAfiE FEET G:CGPR. � „ ,[2, 9D9 SQ F RE vi-sSZEiDU'STAMPEDRa 1 FPUI,. :.r,ALLED 59MI ACRES Trti1l0,C.0.F.' NG t2 SD51400INC. " D.C.O.P_R. CF' t WESLEY WEST_CATTIF.Sa�` rc � •R. m 'r OOMPRNY IFlR5T TWO i A1D,ACRES ,4� . DGGs8;4z 'GCOF NO: 9222]&1 GCAJ?.R:'' SIERRA RT-REST'IRANCH 8 ... SIIV PN' x,i LOT 1D tsECiIOIf,ri17 - V .GC.D.F, NOS .92227134 a I FlLE,IiD sDlsg3isa3 c.cMR.'�.�,� 0.0576, ACRE MAID,9 $Q. FT.) FRIEN66*64D LAKE'S. BOULEVARD AYAL 'M ,AT FRIEN0.9w nn q IN THE. I. 8_b.-Ill. RR. CO. SURVEY` rxrlEs ASSTIC ACT NO. 8$8 ,.r 1) ALL,BEPJINGS-REFERENCED TO:,THE TEM,COORDIU4TE'ST5117A, SOUTH CfRCRAL I(i%jl"l/c$TUN NNUNTY TEXAS ZONE,'l14D 03 Q•14201t).TFOCH 2OI6L06r MAY 2020 JOB N0:7;0674=1901 400 k � A.METES AIM BOUNDS DESCRIPTION :OF E4EN DATE WAS,PREPAP.ED JN TxNJUN0110N WA Swia n& In& - Rfili •THIS EXHIBIT. 292966tparkDriue Phone 713,9535200 3) THIS'IXN191T.WAS PREPARED L'mHOUT THE GENUIT ff A ;TITLE 66IA111RIEHT, Suite 175 'FaX-713 953.3029 THEREFORE -EASEMENTS -AND ENCUMAANCESMAN. EXIST THAT, ARE NDT,S t/ATi HEREON. "HouiUn,TeAs 77042 TBP„E L S. FirrnNo 10194382' m - Line Tahle Lirie # Diredlen Length L1 S03" OS 47 E , 88 92` L2 N63 1216114 E50:gg E3`' 'N41°52'415E.' April 10, 2020 Revised May 4, 2020 Job No...0674-.0402 1. . . . DESCRIPTION , N . 07F. 01.0576 ACRE (2,509 SQUARE FEET) Bbing'O-.0576 acre '(R,509s0Uare'feet) Of land located, in the I. & G. N. RR. CO. SuNdy, Abstract 'Nu imber 60.8, Oalveston, County, Texas; out of t - he called' 941.80'.-acre tract - described ibed . I i . n the dead to Wesley West Cattle Company (First Tra 0) by, an' instrument of record in File Number 9222784,of the Official 'Public Records Said G _a_IVest6n :Gourit j _y, Texas; -(G.C.0 P.".R) said 0.0576 acre tract being more p - articularly described by metes "and bounds as. follows, (all, bearings referenced C'ed, to the Texas C66fdin-ate. System, South .Central Zone-, NAD8.3 {NA2011 EPOCH 2010 00). 'COMM ENO[ NG fof reference at a 5/8-ihch iron rod with � cap-sta m-ped 'V\11 LSON, SU RVEY GROUP�'foqnd.for'the npfthwest. corn' called 06.044 acre tract described. . pr-of the remainder-orf-a in the deed to Taylor Morrison Of Tdxas', Inc. by. instrument meht of record in File Number 2019 6423 y -0 _q, G.C.O.P-R.., the northeast corner of Eagle Lakes, Section 5, a subdivision of record in Volume lia, Page 55 , 4 of theMap Repordsofsaid 6alVe,6 purity, Toxas,(G QMj and e, south . in,th line of Falcon Ridge, Section Thted,z,subdivision of record in Volume 18., Page 282'i G.C.M.R., from which a 5/8"inch iron rod . found. in. the common line of said, . Eagle Lakes; 'Section 5 and Falcon Ridge, Secti6h Two, a subdivision ih.V61urne 18, Page 270, 48-* 14'2Y West, 1,044.90 feet; Thence, South W 14'25" East along'tho north linb,oftsaid 96-.944 act.6.ttact and the -South line of s - aid Falcon Ridge, Section Three., 6 . 0 . .39 feet to t - helsoutheast corner of said Falcon Ridge-, Section Three :the northeast -corner of said , 96.644 acre tract, and A southwest corner of West Ranch West Lake,, Section Two, ;a subdivision of record in File Nurriber 2012044019, eG.C.M.R. from Which a 5/6-in'ch iron rod with cap zteirriped "WI LS.ON SURVEY V - EY GROUP" bears,,.Norih-Vo 00' 00" West,'0.49 feet; Thence, South,.;d8'0.05' 47- East, along the east lifte of said 0-6.044 acre tract, passing ssing !at 1,097,43 feet -a found 112-inch iron rod With, cap. stamped "BROWN & GAY', at 1 i716.98feet passing ?i'fppnd VNnch iron rod with cap stamped "BROWN�ai -2' .4 �t 0,,QAY -fee passing .. ga found 1/2-finch iron rb&Withcap stamped "BROWN & GAY', at 2,892 :1 7 feot.°pa's-sing a found 1/2m inch - iron. pipe with cap stamped tamped BG . EjN . Ci% �continuing in In aI a total distanceof 2j016150 feet to a 5/8._-inch iron rod With cap stamped "QEOSU RV' found fora north corner, qf'thia aforementioned 941.89,:acre trad,''the east .corner of,a called 4,994acteteact'desdibed in the deed to the..'City of Friendswood by an instrument -of record I . n Filo-'N.4mber 2019064237, . G. I C..O.P.R-. ih,lhewes . t)i I no of FriendsWoOdlakd Boulevard, a subdivision of record in File Number 2017033870, G.O.M.R., a;corner of the City iof Friendswood city limits and League City city limitisi, said p.oint also- being the POINT bF-,BEGINNING of the herein described tract; J Thence, South, 030J0..547" East.alorig, tho,weqt line of said Iriendswood Lake .Boulevard,.. and an east line Of said 941.8.9adrdtract, same being the common line -of sdid,City of Friendswood city limits.and LeagueCity city limits,.:88.92 feet to 1/2-inch iron pipe found for -a westerly corner Page I of 2 -Uliaeng.com\shar6s\WHOU-CAD\ProidskI \S!J RVEY\0074\0402\LE0ALS\R EV-L . Q- FRIENDSWOO I D LAKE BLVD,0.0576 ac.do.cx 0.0576 Acre April 10, 2020 Revised May 4,2020 Job No. 0074-0402 of said Friendswood Lake Boulevard, the northwest corner of Sierra at West Ranch, Section Two, 'a subdivision of record in 'File Number 2015077523; G. C. M. R.; Thence, North 639'12' 16" West, departing.said common lines, 65.09 feet to a west Line of said 941.89 acre tract; the east line of said 96.944 acre tract, the southeast corner of the aforementioned 4.944 acre tract, and said city limit lines, from which a 5/8-inch iron rod with .cap stamped "WIL80N SURVEY GROUP" bears, South 41 °,52' 46" West, 50 62 feet; Thence, North 419'52' 46" East,, along said common lines, 79.84 feet to the POINT OF BEGINNING and containing .0.0576 acre (2,509 square feet) of land. The corner monuments were not set at the client's request. ................................ AARON G. FERGUSON 6601 r _ Page 2of2 LJA Surveying, Inc. \\Ijaeng.com\shares\WNOU-CAD\Peojdsk1\SURVEY\0074104021LEGALS\REV=LG_FRIENDSWOODLAKEBLVD 0.0576ac.docx DocuSign Envelope ID: 2E371FE7-EOF2-4CD2-A274-B77BA2BAAD21 taylor morrison . , . . Homes Inspired by You June 30, 2020 Via E-Mail and First Class Mail Stedman West Interests, Inc. 1600 W. Loop South Suite 2700 Houston, Texas 77027 Attn: Mr. Wm. David Davas Email: ddavas@stedmanwest.com City of Friendswood, Texas 910 S. Friendswood Dr Friendswood, TX 77546 Attn: Morad Kabiri Email: mkabiri@friendswood.com TAYLOR MORRISON OF TEXAS, INC. Houston Division 2929 Br Mark Dr_ Suite 400 Houston. TX 77042 p. (281) 598-3000 f. (281) 5 98 -3100 taylormondson.com Re: Letter Agreement Regarding Friendswood Lakes Boulevard Road Right -of - Way (the "Road Project") and Avalon Subdivision Detention Capacity Dear Mr. Davas and Mr. Kabiri: Taylor Morrison of Texas, Inc. ("Taylor Morrison") owns approximately 184 acres of land, more or less (the "TM Tract") located primarily in the City of Friendswood, Galveston County, Texas, which TM Tract as is depicted on Exhibit "A" attached hereto. Taylor Morrison has dedicated the necessary right-of-way to City of Friendswood (the "City") for the construction of Friendswood Lakes Boulevard (the "Boulevard") from the western boundary of the TM Tract to the eastern boundary of the TM Tract, being the current point of termination of such Boulevard as is depicted on Exhibit "B" attached hereto. Wesley West Cattle, L.P. and Wesley West Descendants Trust (collectively, "West") own approximately .0576 acres of land, more or less (the "Boulevard Parcel"') immediately adjacent and east of the TM Tract, as depicted on Exhibit "C" attached hereto, which Boulevard Parcel is needed to connect the existing point of termination, of the Boulevard and the TM Tract. 1 DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21 This letter agreement ("Letter Agreement") sets forth the understanding and terms by and among Taylor Morrison, the City and West regarding the responsibilities and obligations of each of the parties related to the conveyance of the Boulevard Parcel by West for the construction of the Boulevard and, in exchange, for Taylor Morrison to provide to West for the benefit its property, owned by West immediately east of and adjacent to the TM Tract and depicted on Exhibit "E" attached hereto (the "West Property") for drainage of the West Property onto and into the 38 acre lake, more or less on the TM Tract, subject to the terms and conditions provided below. Discharge shall be limited to the developed flows from the 14.5 acres of West Property land currently within the Clear Creek Watershed. Additional drainage for the West Property is provided by the Boulevard via three (3) E Inlets (the "Initial Boulevard West Connection") until the West Property is developed, at which time the Initial Boulevard West Connection will need to be converted to storm sewers with storm pipe tied in. Section 1: Detention Facilities. On or before September 1, 2021 Taylor Morrison intends to construct detention facilities to accommodate its development on the TM Tract as depicted on Exhibit "D" attached hereto (the "Detention Facilities"), which Detention Facilities will provide approximately 158 acre-feet of capacity. Taylor Morrison hereby agrees that West shall be provided with up to thirty (30) acre-feet of capacity within such Detention Facilities so long as such excess capacity is available (it being agreed that the only way that such excess capacity would not be available would be if the City or some other governmental authority increase the required detention amounts so that the excess capacity falls below 30 acre-feet). At its option West and or its successors and assigns shall have access to the Detention Facilities for the West Property (the "West Property Storm Connection") via a twenty-five (25) foot wide storm sewer easement in the approximate location shown on Exhibit "F" attached hereto. - Section 2: Allocation of Costs. Taylor Morrison shall be responsible for paying all costs associated with the design, construction, and inspection of the Detention Facilities, except that West, or any future owner wishing to pursue it, shall pay for all costs associated with engineering and construction of the West Property Storm Connection and the conversion of the Initial Boulevard West Connection (which collects undeveloped storm water flows) into storm sewers at such time as the West Property is developed Section 3: Maintenance Obligation. Once construction of the Detention Facilities has been completed and Taylor Morrison has accepted the Detention Facilities, Taylor Morrison shall have the sole obligation to continue to maintain the Detention Facilities or cause the homeowner's association created to serve the residential community served by the Detention Facilities (the "HOA") to maintain the Detention Facilities at no expense to West. Once the West Property Storm 2 DocuSign Envelope ID: 2E371 FE7-E9F2-4CD2-A274-B77BA2BAAD21 Connection has been constructed, West shall be responsible for maintaining the West Property Storm Connection at no expense to Taylor Morrison or the HOA. Section 4: Road Project Construction and Conveyance of Boulevard Parcel. The City agrees that in accordance with (i) the May 7, 2018 Agreement for Funding of Public Improvements and (ii) the May 7, 2018 Interlocal Contract between the City of Friendswood, Texas and the County of Galveston, the Boulevard shall be built under the same specifications and dimensions, as is the existing Friendswood Lakes Boulevard located in the West Ranch Subdivision. Taylor Morrison will be responsible for the construction of approximately two hundred ten feet (210') of the Boulevard being four (4) lanes from the easternmost terminus in lieu of their monetary contribution as provided for in the Agreement for Funding of Public Improvements. West agrees that, within thirty (30) days of execution of this Letter of Agreement, it shall convey the Boulevard Parcel to the City, Galveston County or such other governmental authority, as appropriate, by such deed or other conveyance document requested by the applicable governmental entity. Section 5: Failure to Construct Detention Facilities. If Taylor Morrison fails to complete construction of the Detention Facilities on or before December 31, 2022, or if Taylor Morrison is unable to make available to West thirty (30) acre-feet of detention within the Detention Facilities, then Taylor Morrison agrees to pay to West the amount of $ $20,000.00 as consideration for the conveyance of the Boulevard Parcel. Section 6: Default and Remedies. If either party fails to perform its obligations under this Letter Agreement, the other party shall have all rights and remedies available to it at law or in equity resulting from such default. Section 7: Term. Unless terminated in writing by mutual agreement of Taylor Morrison, the City and West, this Letter Agreement shall continue in full force and effect from the date hereof until December 31, 2022. Section 8: Notice. Any notice provided or permitted to be given under this Letter Agreement must be in writing and may be served by (a) depositing same in U.S. mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; or (b) by delivering the same in person to such party. Notice given by mail shall be effective three (3) days after deposit in the U.S. mail and notice delivered in person shall be effective upon receipt. For the purpose of notice, addresses of Taylor Morrison and West shall, until changed as hereinafter provided, be as follows: 3 DocuSign Envelope ID: 2E371 FE7-E9F2-4CD2-A274-B776A26AAD21 Taylor Morrison: Taylor Morrison, Inc. Attn: Mr. Bobby Skinner 2929 Briarpark Dr., Suite 400 Houston, TX 77042 Telephone: (281) 598-3040 Email: bskinner@taylormorrison.com West: Stedman West Interests, Inc. Attn: Mr. Wm. David Davas 1600 W. Loop South Suite 2700 Houston, Texas 77027 Telephone: (713) 363-3003 Email: ddavas@stedmanwest.com City: City of Friendswood Attn: Mr. Morad Kabiri 910 S. Friendswood Dr. Friendswood, TX 77546 Telephone: (281) 996-3250 Email: mkabiri@friendswood.com Section 9: No Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any terms, covenants, or conditions of this Letter Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect. This Letter Agreement constitutes the entire agreement by and between Taylor Morrison, the City and West with respect to the Boulevard Parcel and the Detention Facilities. Please indicate your acceptance of the terms and conditions set forth herein by executing a counterpart of this Letter Agreement where indicated below and returning it to Taylor Morrison. This Letter Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute one instrument. [Signature pages follow this page.] 4 DocuSign Envelope ID: 2E371FE7-ESF2-4CD2-A274-B77BA2BAAD21 Very truly yours, TAYLOR MORRISON OF TEXAS, INC. BCDocuftned bt.vF $kiln Ut.t V 1F4E17823E8A413B.. �r Robert Skinner Authorized Agent AGREED TO AND ACCEPTED THIS DAY OF .2020. CITY OF FRIENDSWOOD [�V'47 d by: By: 6,wh Name: orad Kabiri city Manager AGREED TO AND ACCEPTED THIS 1 DAY OF JULY , 2020. Wesley West Cattle, L.P. By. 41-�L/f� Name: Stuart W. Stedman Sole Manager of Stedman West Land and Title: Cattle Company LLC, General Partner AGREED TO AND ACCEPTED THIS 1 DAY OF TULY , 2020. Wesley West Descendants Trust By: Stuart W. Stedman Title: Co -Trustee 61 DocuSign Fuvelope ID- 2F371 FF7-F9F2-4CD2-A274-B77BA2BAAD21 J: t: OL = = A w � a — LOT SUMMARY p 70 .13. it .c-s Ss% i 13662 1.0.S 211i TOTAL 303 LOTS 6 r � s a` 4 - Jt r AVALON AT FRIENDSWOOD 194.0 ACRES of LAND TAYLOR MORRISON META I will f ��a I m n m f` N ❑ U V' LL rn W w w N ❑ C a O N C W C O) 7 U O 2 y�� 11 0 100 200 AMES SCALE, l --200' crw�ess em LEc-FlOLDNG% LTD. b C..UWS fU NO. 201IM G071 Allp '<c R. a L . SM�yW�� Sr..� .S cH,a-44r L IT - S7 D 61 tr�l[!tG 62e.J3' -"W96=7 A &DIRM FLE ftmr ¢ Wks PH &a tWass ! ' I I� II,� �. .CM LC.R7 f6L4' d'dttY17 H ,1114.21 AMM (CAUM IRAW Al b AUFAIE TF il.�'CCS AW BOUNDS CEMM IN Mho. LCM�T12RE It CGLNYELTRY Rmcmw4 L= E)@F]V�: WARM-W COH}EOMI WIH 'IH CfflgPr Map, MBZ<B FILE N0. 7010CM56 G.C.C.O, 2. TH* 1RAL7 HAS NOT BEM GMYM.ON THS CROUND AND THE: PAGPE RTY CORNUM HOAT )OT BEEN ® SET. -- a w 1WO99 R —'; 2.100.40' L ® 661.1W. CH=N6133W 501W o1'yo; W /lam 4Q'YOa E7 it1 R77}: 8AY7E^•^�. G'` ,�, vo -.jtp1��. cL M nwrx" 1i�R 45G ,D {'� � PROPOEM � [•� V gyp, �gy.A�1��Igr�Aq'�YY`Yj1 BOULEVARD LAKES BOULEVARD w .�• yy,.� to MSHTmOF WAY z G aPIS4.984 ACM (217.5N sg FIr) 0 s31.SP ACf= FEFST IMT 1 k 0l; i& CA7rf r A%Y wem'S,FIL4;.TFt1.8i22i84- N GGC.O• SS1M71LY zing;' uqu CLiF, CiD TI£]18-iQmkw" JB{E 7 o+SzY7sAR.Ns,ftacE' UtWYGTIME WaSONYrd-Y1ouRYiSp WL LAND 'SUR211 Q6G ., - PEAK.. Sk7CA9' .21HL� HNk N4. i5fis4dp '� a 1 YA1f M MORMON ME MART ukic "'F F.PAA O aacaaa r- DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA28AAD21 EXHIBIT C Boulevard Parcel F411J1'F.r r:- SU.,M ML-" S4-&, 066oL77r1 �Ak M=� 010m, YCL 10.m ON. FN7'.1r IR W CAP ST*WF11 W LS04 SURVEY OROW 1 7 can 16j" r""••-"• . Ada TATAR MDmm Cr R7w PC. FCjCF NR Z310m LN CrAPA �� 1 r+ry�nwFo W �avCrt. • Grr !1 O IT O we.E+ 1EYen wcm u� CECTION Two I tt to ntri.olf o C Y k f � 1 L"r 7 b ' _ W"T 1MTNMV LV4 SCTIpI 1i'rl[L - ,I.R IIP >O�YO.A OCYr ?� T LT., 4 L7 fJLY �T rr v:tx °o II.l N] ml.®OCYk L1 LT 1 T LT LR. FkU 11rW W cw m �a�wT+Marlw.Ta $irTEP bE E•C' LLG[50 LA # _ lut nu 7MmwaarlL FILE NO- MLE r"WKR 79117 Esk". c.E.CF. No FAcr10? :.K.A7gL'H CLUrtf7 LiFid;s FHE vLNLEk . C Cw R "'.mm cwm wr RECM35 FRi U an R IONCOu.(T1' rmgAL EUNr FNDW RW 1L^.ftyl CAP IFTMPM 9�M 1 IP 1n1. 14K IR IPO% %D CAM 1!9• kgmm Foa 'Na or 9Ea1+N4NC nn raF 1�N'awrc POC a011.T CF CEl7NEIaw. sccr x1uY.3=T SC. FT. SCWI9 FEET C.:LIP R l.' �0, $tag G'f . r - 1 7 Ll l + 434Tf % LR ,.1 ��4iJf� �� ¢UM 1w."a lin1GR wCALMGR1131,52t IM TM 'Ppr"#4 GCLr. W. WIVAIw t 'w C.GCPALD,R bll V[LT LFill[ I6 S4 �mw Ta1Nt LNr■ alnecmi L✓<['m V S*ror 47"E sam, L2 way 1r ww KD!• a N41'3r4i'E 72.W w �TNST IN.C11 w:ar.RLi � e 7; MI•e4� �� .1'Ii H[T. , •mu [ram n Co'q0• jgG•n 5' 0.0576 ACRE (2,509 SQ. FT.) FRIENDSWOOD LAKES BOULEVARD AVALON AT FRIENDSWOOD IN THE 1. & 0. N. RR. CO. SURVEY ABSTRACT NO. 60a -u ♦�I 1EEE E T THEW— - - -I.TE -TE FN ET A GALVESTON COUNTY, TEXAS r r E I T F E C, ATE , E. E 1 1. WA Surveying, Inc. I fiH TH E HI If EMT F-7TLE L".ET THr EH rT - E-E FH TTEE 1713 Ei5)_f T,r 17 EE-[P_7 - [ - C +il-ITTH-T-C in -NEE T°F E L., Fim N7 '':'+I k; C•: 1 r7 3-MI.- I }llll -�4NLi•. a 31UL a 1R#. L•aF al n R 1 • a,N a71•J ] aY• . as a &M ]IX- !3 , 3 rn DocuSign Envelope 107 2E371 FE7-E9F24CD2-A274-B77BA2BAAD21 10 u x [[ tr-Ir r s �r• � � � jJlr , —_tit--- - •� •_ - '+4 + 15�*• ..� Y it i�i r iih 0 ,..y '•r'I _—�—.r.r ... a _. �I I' s•a., c r cr -xic + West Property lh Ix7 � I•' ------------------- rt• 1 I.L -1 [ I #1 ' WestProperty �••:.— f I� n •• • • x, • ' �:, i - Connection I IK xi1/1 • s s _._ E.71 �• ,lu'l L,,- r «.. •..,! a DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21 Misty Moniot From: Dave Davas Sent: Tuesday, June 30, 2020 5:06 PM To: Stuart W. Stedman; Misty Moniot Subject: TM Letter Agreement for Detention and ROW Attachments: TM. Letter Agreement for Detention and ROW 6.24.20 (002) WDD - Comments ....pdf Stuart, Attached for your review and signature is the Letter Agreement between WWC, WWDT, TM and City of Friendswood for our donation of the parcel for Friendswood Lakes Blvd in exchange for us to receive an easement with the option to drain a portion of acreage into TM dentition pond. Misty, please set up for Stuart's a signature. Stuart, please let me know if you have any questions. Dave 1 DocuSign Envelope ID: 2E371FE7-E9F2-4CD2-A274-B77BA2BAAD21 2020-07-01 TM Letter Agreement for Detention and ROW 6.24.20 (002) WDD - Comments Final Audit Report 2020-07-01 By: Misty Moniot (mmoniot@stedmanwest.com) Status: Signed Transaction ID: CBJCHBCAABAAI_Oasz4DxV20zcpzAPCrBLJmX%AbOmPI "2020-07-01 TM Letter Agreement for Detention and ROW 6.24. 20 (002) WDD - Comments" History tJ Document created by Misty Moniot (mmoniot@stedmanwest.com) 2020-07-01 - 2:04:11 PM GMT- IP address: 139,138.153,186 Document emailed to Stuart W. Stedman (swstedman@stedmanwest.com) for signature 2020-07-01 - 2:06:03 PM GMT Email viewed by Stuart W. Stedman (swstedman@stedmanwest.com) 2020-07-01 - 2:15:44 PM GMT- IP address: 104.4.62.226 o Document e-signed by Stuart W. Stedman (swstedman@stedmanwest.com) Signature Date: 2020-07-01 - 2:17:03 PM GMT - Time Source: server- IP address: 104.4.62.226 Signed document emailed to Misty Moniot (mmoniot@stedmanwest.com) and Stuart W. Stedman (swstedman@stedmanwest.com) 2020-07-01 - 2:17:03 PM GMT E Adobe Sign