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Home My WebLink AboutR2023-017 2023-01-23DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 RESOLUTION NO. R2023-17 A Resolution of the City Council of the City of Pearland, Texas, authorizing the conveyance of certain real property, as described in Exhibit A, to the Lower Kirby Pearland Management District (LKPMD") for the construction and maintenance of regional drainage detention facilities. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby authorizes the conveyance of certain real property, as described Exhibit A, to the LKPMD by Special Warranty Deed. PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023. DocuSigned by: 9z ATTEST: DocuSigned by: FralA.a-s QSaLr FR KrafS/ GUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: DA FZOKER CITY ATTORNEY J. YI MAYOR =o: DEBTS, LIENS AND POSSESSION AFFIDAVIT Date. GF#• Title Company. (including address) Underwriter (including address) Seller Affiant: Property. 2023 CH -1076602200360 Charter Title Company 1717 West Loop South, 12th Floor, Houston, TX 77027 Fidelity National Title Insurance Company P O Box 45023, Jacksonville, FL 32232-5023 CITY OF PEARLAND, TEXAS, a municipal body politic and corporate Trent Epperson, Interim City Manager of the City of Pearland, Texas All of that certain real property situated in Harris County, Texas, containing 8 945 acres, as more particularly described in Exhibit A and shown on Exhibit B, both attached hereto and incorporated herein for all purposes. Affiant on oath swears that the following statements are true. 1 There are no parties occupying, renting, leasing, residing or possessing the Property or any portion thereof, nor is Affiant aware of any parties claiming title to the subject Property or any portion thereof by reason of adverse possession, except the following (if none, insert none below) None. 2. There are no unpaid debts for any personal property or fixtures that are located on the Property, and no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statements, security agreements, or otherwise, except the following (if none, insert none below) None 3. There have been no improvements or repairs constructed on the Property within the preceding five (5) months. ❑ There have been improvements or repairs constructed on the Property within the preceding five (5) months, but said improvements or repairs have been completed and all labor and materials used in the construction of improvements or repairs on the Property have been fully paid and satisfied, except the following (if none, insert none below) 4 There are no loans or liens (including federal tax liens, state tax liens and judgment liens), unpaid taxes (ad valorem, state or federal), assessments, and/or homeowners' association dues, or other charges of any kind on or against the Property, except the following (if none, insert none below) None AFFIANT UNDERSTANDS THAT THE PAYOFF AMOUNT(S) ON LOANS AND LIENS LISTED ABOVE ARE IN ACCORDANCE WITH STATEMENTS GIVEN BY THE SECURED PARTY AND SHOULD THE SECURED PARTY REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID LOANS, AFFIANT (AND OWNER/BORROWER IF OWNER/BORROWER IS AN ENTITY) AGREES TO PAY THAT ADDITIONAL AMOUNT AND HOLD ESCROW AGENT AND ITS UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND ANY OTHER LIEN NOT SPECIFICALLY REFERENCED ABOVE. 5 There are no paving liens of any kind or character or paving claims outstanding against the Property, and no petitions have been signed for the paving of any street or alley adjoining the Property, and Affiant knows of no petitions being circulated for pavement of the streets, alley or sidewalks adjacent to the Property 6 There are no lawsuits or claims pending against Owner/Borrower, except the following (if none, insert none below) None Carter2 1074904 DEBTS, LIENS AND POSSESSION AFFIDAVIT (Continued) 7 Affiant realizes these representations are made to induce the Title Company and its underwriter to insure the title to the subject Property and that the Title Company and its underwriter are relying upon the truth of said statements. In consideration thereof, Affiant/Owner/Borrower hereby agrees to indemnify and hold harmless Title Company and its underwriter, their successors and assigns, from any claims, costs, damages, causes of action, expenses and attorney fees in any way arising from the inaccuracy of the above representations. Affiant further recognizes that any false or fraudulent representations knowingly made in this Affidavit may subject Affiant/Owner/Borrower to criminal liability 8. For the purposes of this affidavit, where the context requires: (i) the singular shall include the plural; (ii) the plural shall include the singular; and (iii) the use of any gender shall include all genders. CITY OF PEARLAND, TEXAS By. Trent Epperso , Interim City Manager THE STATE OF TEXAS § COUNTY OF JLZ6PEA § This instrument was acknowledged before me on the O1` -f day of , 2023, by Trent Epperson, Interim City Manager of the CITY OF PEARLAND, TEXAS, a municipal body p litic and corporate, on behalf of said city (NOTARY SEAL) 7k;;;;;;; �?e A �s.r-a ..T .�.�.�... pY PV; JENNIFER SITYLAN CADMUS SP Bi _� ��°i= Notary Public, State of Texas + - += My Commission Expires �� December 17, 2024 -'�%`°°`t'' NOTARY ID 1166200-6 Charec?it& Conpatt 1074904 Exhibit A — Description of the Property December 7, 2022 Job No LJAS001-2209-2028 METES AND BOUNDS DESCRIPTION OF 8.945 ACRES (389,636 SQUARE FEET) Being 8 945 acres of land located in the Obediah Pitts Survey, Abstract 626, Harris County, Texas, being a portion of Lot 11, Block P of the Allison Richey Gulf Coast Home Co's Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of Harris County, Texas (H C M R.), more particularly being a portion of that certain called 0 4396 acre tract of land described as Parcel 21B in the deed to City of Pearland by an instrument of record in File Number Y715629 of the Official Public Records of Real Property of Harris County, Texas (H C O P R.R.P ), all of that certain called 4.292 acre tract described as Parcel 21A in the deed to City of Pearland by an instrument of record in File Number Y715629, H C O P R.R.P , and being a portion of the remainder of Lot 11, described in the deed to City of Pearland by an instrument of record in File Number RP -2022-269969, H C O P R.R.P , said 8.945 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone, NAD 83), BEGINNING at a 5/8 -inch iron rod with cap found marking the northwest corner of said 0 4396 acre tract; Thence, South 02° 34' 03" East, along the west line of said 0 4396 acre tract, 112.52 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner; Thence, North 88° 08' 12" East, departing the west line of said 0 4396 acre tract, 114 69 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner on the east line of said 0 4396 acre tract, common to the west right-of-way line of Kirby Drive (called 120 feet wide), described as 2 300 acres (Parcel 21C) in the deed to City of Pearland by an instrument of record in File Number Y715629, H C O P R.R.P , the beginning of a curve, Thence, along said common line (at an arc length of 51 01 feet passing the southeast corner of said 0 4396 acre tract common to the northeast corner of said 4 292 acre tract) then continuing along the west right-of-way line of said Kirby Drive, common to the east line of said Page 1 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx 8 945 Acres December 7, 2022 Job No LJAS001-2209-2028 4.292 acre tract for a total arc distance of 271 02 feet along the arc of a non -tangent curve to the left, having a radius of 1,860 00 feet, a central angle of 08° 20' 55", and a chord which bears South 05° 49' 33" East, 270 78 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner; Thence, South 10° 00' 00" East, continuing along said common line, at 94 00 feet pass a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for reference, continuing in all a total distance of 149 00 feet to the southeast corner of said 4.292 acre tract, the southwest corner of said 2 300 acre tract, the northwest corner of that certain called 0 9505 acre tract (Parcel 5B) described in the deed to City of Pearland by an instrument of record in File Number 2005022813 of the Official Public Records of Brazoria, County, Texas (B.C O P R.), and the northeast corner of that certain called 0.203 acre tract described in the deed to Brazoria County Drainage District No 4 by an instrument of record in File Number 2007069415, B.C O P R., Thence, South 86° 41' 18" West, along the south line of said 4.292 acre tract, common to the north line of said 0.203 acre tract, 103.04 feet to a point on the north line of that certain called 0 698 acre tract described in the deed to Shadow Creek ranch Maintenance Association by an instrument of record in File Number 2009056290, B C O P R., Thence, South 89° 47' 09" West, continuing along said common line,198.29 feet to a point on the north line of that certain called 1.248 acre tract described in the deed to Brazoria County Drainage District No. 4 by an instrument of record in File Number 2007069416, B.C O P R., Thence, South 87° 25' 56" West, continuing along said common line, 99 61 feet to a point; Thence, South 88° 36' 27" West, continuing along said common line, 136.09 feet to the southwest corner of said 4.292 acre tract, same being the southeast corner of Lot 9A of Lorance Tower Resurvey, a subdivision of record in Film Code Number 677559 of the Map Records of Harris County, Texas, (H C M R.), Thence, North 02° 34' 03" West, departing said common line and along the west line of said 4.292 acre tract, common to the east line of said Lot 9A of Lorance Tower Resurvey, at 55.00 feet passing a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for reference, and continuing along said common line, at 357 40 feet passing a 5/8 -inch iron rod with cap found marking the Page 2 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx 8 945 Acres December 7, 2022 Job No LJAS001-2209-2028 northwest corner of said 4.292 acre tract, continuing along the east line of said Lot 9A of Lorance Tower Resurvey in all a total distance of 776 42 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northwest corner of the herein described tract, from which a 1/2 -inch iron rod found marking the northeast corner of said Lot 9A and lying on the south right-of-way line of Fruge Road (called 40' wide at this point) bears North 02° 34' 03" West, 20 00 feet; Thence, North 87° 25' 57" East, departing said common line, 534.20 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner on a west line of the aforementioned 2.300 acre tract Thence, South 41° 23' 57" East, along the west right-of-way line of the aforementioned Kirby Drive, common to the west line of said 2.300 acre tract, 13 50 feet to a point for corner, said point lying 0 35 feet inside a power pole, the beginning of a curve, Thence, continuing along said common line and 246 18 feet along the arc of a non -tangent curve to the left, having a radius of 1,860.00 feet, a central angle of 07° 35' 00", and a chord which bears South 05° 39' 15" West, 246 00 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northeast corner of the aforementioned 0 4396 acre tract; Thence, South 87° 25' 57" West, departing the west right-of-way line of said Kirby Drive and along the north line of said 0 4396 acre tract, 120 00 feet to the POINT OF BEGINNING and containing 8 945 acres of land Benjamin Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. Page 3 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx Exhibit B — Sketch of the Property 0 50 100 AR 000000 TORO! LOT 0 LOT OR LORAN. TOYER MOM DOLIaL CALLED • SSP} ACRES ME NO. 201101.77 DETAIL W. = 20' no it TPA emir PEDESTAL trigloWenti nix NO. I.11107 TOP ART va J Tow K1J010. .AWES HA1nLTON SSW �IxV¢Row(a' TTEC /J IR poles C/aL�y�n1 -0,1NA DANO WHGE SURVEY A-BJ6 — — AYxa[ • ilVi i.iii �wx[ Pin OBEOIAH PR15 MPIPY WANT I • IV!)♦IIII'�I�I�MII�(IMIr7IIIlhJ(M!!�!1�!!+!�R1�1Ii1�!.R,�(_. •''>,43 10,051 COW CCUNTt aeA owwaaf.P�°3 ar 0U A aIr,cTKHALimuA.axr� oRAII vIE`I AE CCAa 4.212 STORY ARDOR, gay NODS 1. ALL BEARINGS REFERENCED 10 DIE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE NOD B3 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A THE COMMITMENT. EASEMENTS MAY DIOST WEN THE SURVEYOR WAS UNAWARE OF. INSTRUMENT METES ASSor BDATE. BOUNDS DP ESCRTON WAS PREPARED FOR THE SUBJECT TRACT ON SEPARATE 4. BY GRAPHICAL PLOTTING AND ACCORDING TO FIRM MAP NUMBER 402011C1010M FOR (HARRIS FLOOD HAENOATIYITZARD SIB AS AILO I DOES NOT WM(MNT NO SOUBSCRIB 00 THE CCURAACYY bR SCALE OF SAID MAPS' 5.. CENTERLINE CLEAR REEK IS VERIFIED. LOCATION AND IS BASED ON SUBJECT TRACT I, BENJAMIN LOWE, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 1B, CONDITION 2 SURVEY. DATE DECEMBER 7, 2022. BENJAMIN LOWE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6944 Page 1 of 1 7R ga'0 AULT Slow .wrw1E G r toxemic ASUZE SIN TORN 11/10i0LE PRST O TAE (IC U) CITY Cr C.A.0 2.300 ACRES PARCEL NO. 21 C RE NO TAMS LET P B/ ors TRANS ATOT ELECTRIC H.C.O.P.R.RP H.OM.fl. B.C.O.P.R. ENO FN PCP CMP (5) • (CM) m TCM LP 0 POD PP GW h SON X W t 10 • JCT au FIR® NALROR(PEAREAS) MDT o1T5 0m"WC) CITY OF PEAR,. FILtriERONSIS VICINITY MAP SCALE 1' _ ;000' LEGEND 0100104. PUBLIC RECORDS OF PEN. PROPERTY OF ROAMS COUNTY, TEXAS MAP RECORDS OF WARTS COUNTY, TEXAS OFFICUL PUSUC RECORDS OF BPAZORIA COUNTY, TEXAS FOUND IRON ROD FILE NUMBER POINT OF BEGINNING REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE 5/B' IRON 000 W/CAP STAMPED 'AAA SUIM:Y SET CONTROLLING MONUMENT TELECOMMUNICATIONS MARKER LGHT POLE PEDESTAL POWER POLE GUY —WIRE SIGN WATER VALVE RUSHING VALVE JUNCTION BOX PROPERLY LINE NIGH BANK OF DITCH CHMNUNK FENCE OVERHEAD ELECTRIC STANDARD LAND SURVEY OF 8.945 ACRES (389,636 SQUARE FEET) LOCATED IN THE OBEDIAH PITTS SURVEY A-626 HARRIS COUNTY, TEXAS DECEMBER 2022 JOB NO. LI/15001-2209-202B LJA Surveying, Inc. 3600 WSem Houston POESIAYS Phone 713.953.5200 Suite 175 Fax 713.953.5828 Houston, Texas 77042 T.B.P.E.LS. Firm No. 10194382 SPECIAL WARRANTY DEED East Pond II) 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 THE STATE OF TEXAS COUNTY OF HARRIS § KNOW ALL BY THESE PRESENTS: THAT CITY OF PEARLAND, TEXAS, a municipal body politic and corporate ("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 are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto LOWER KIRBY PEARLAND MANAGEMENT DISTRICT, a political subdivision of the State of Texas, its successors and assigns ("Grantee"), all of that certain real property situated in Harris County, Texas, containing 8.945 acres, as more particularly described in Exhibit A and shown on Exhibit B, both attached hereto and incorporated herein for all purposes, together with all rights, titles, and interests appurtenant thereto and any and all improvements situated thereon (collectively, the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth are executed by Grantor and accepted by Grantee subject to the terms, conditions and provisions hereof and further subject to all easements, conditions, restrictions, covenants, mineral or royalty interests, mineral reservations, surface waivers, utility conveyances, liens, encumbrances, regulations or orders of municipal and/or other governmental authorities, if any, or other matters of record in Harris County, Texas, to the extent the same are validly existing and applicable to the Property (collectively, the "Permitted Encumbrances") Grantee acknowledges that the Permitted Encumbrances referenced herein specifically include a reservation of 37 acre feet of regional detention volume in the Property for the use and benefit of Kirby Drive, which is owned and maintained by Grantor 1074897 Rev 090415 TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto 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 title to the Property unto 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, subject only to the Permitted Encumbrances. Grantee's address is c/o Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas 77027 [Signature pages follow this page.] -2- 1074897 Rev 090415 EXECUTED on the date set forth in the acknowledgement below, but EFFECTIVE as of the 17th day of January, 2023 (the "Effective Date"). GRANTOR: CITY OF PEARLAND, TEXAS By. /•rr � Trent Epperson, Interim City Manager THE STATE OF TEXAS COUNTY O CtZA1-1Cl, § § This instrument was acknowledged before me on the 014-1day of , 2023, by Trent Epperson, Interim City Manager of the CITY OF PEARLAN , TEXAS, a municipal body politic and corporate, on behalf of said city (NOTARY SEAL) 4,,V,V1;0;„ JENNIFER SITYLAN CADMUS Notary Public, State of Texas . a �� My Commission Expires ;;+,�14 December 17, 2024 NOTARY ID 1166200-6 -3- 1074897 CciiiuA%- ry PuStatTexas Rev 090415 EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the Effective Date. GRANTEE: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT i ATTEST: By: Name: 01U `i h c €n Title: crC)k 1^ By. Name: Title: THE STATE OF TEXAS __ COUNTY OF Gi4 rr iS T3ri� lblri-8 `j 1 c•e, re si c�en This instrument was cknowled" �ed�� before me on the', ate' day 9f S4 )Uar op, by rah ltlal�n�e v ice iii csic h Zits -ti Z `1 t ` r a f of the Board of Directors of LOWER KIRBY PEARLAND MANAGEMENT DIS ICT, a political subdivision of the State of Texas, on behalf of said political subdivision. (NOTARY SEAL) CHERYL M. PAN07Z0 My Notary ID # 129667868 Expires January 8, 2026 1074897 Cfr"?1-7f3 NotaryCblic, State of Texas -4- Rev 090415 Attachments: Exhibit A - Description of the Property Exhibit B - Sketch of the Property After recording, please return to: Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Attention: Real Estate Department -5- 1074897 Rev 090415 Exhibit A — Description of the Property December 7, 2022 Job No. LJAS001-2209-2028 METES AND BOUNDS DESCRIPTION OF 8.945 ACRES (389,636 SQUARE FEET) Being 8.945 acres of land located in the Obediah Pitts Survey, Abstract 626, Harris County, Texas, being a portion of Lot 11, Block P of the Allison Richey Gulf Coast Home Co's Part Of Suburban Gardens, a subdivision of record in Volume 3, Page 40 of the Map Records of Harris County, Texas (H.C M R.), more particularly being a portion of that certain called 0.4396 acre tract of land described as Parcel 21 B in the deed to City of Pearland by an instrument of record in File Number Y715629 of the Official Public Records of Real Property of Harris County, Texas (H.C.O.P R.R.P ), all of that certain called 4.292 acre tract described as Parcel 21A in the deed to City of Pearland by an instrument of record in File Number Y715629, H.C.O P.R.R.P , and being a portion of the remainder of Lot 11, described in the deed to City of Pearland by an instrument of record in File Number RP -2022-269969, H.C O P R.R.P , said 8.945 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone, NAD 83), BEGINNING at a 5/8 -inch iron rod with cap found marking the northwest corner of said 0 4396 acre tract; Thence, South 02° 34' 03" East, along the west line of said 0.4396 acre tract, 112.52 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner; Thence, North 88° 08' 12" East, departing the west line of said 0.4396 acre tract, 114.69 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner on the east line of said 0 4396 acre tract, common to the west right-of-way line of Kirby Drive (called 120 feet wide), described as 2.300 acres (Parcel 21C) in the deed to City of Pearland by an instrument of record in File Number Y715629, H C O P R.R.P , the beginning of a curve; Thence, along said common line (at an arc length of 51 01 feet passing the southeast corner of said 0 4396 acre tract common to the northeast corner of said 4.292 acre tract) then continuing along the west right-of-way line of said Kirby Drive, common to the east line of said Page 1 of 3 S:\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx 8.945 Acres December 7, 2022 Job No LJAS001-2209-2028 4.292 acre tract for a total arc distance of 271.02 feet along the arc of a non -tangent curve to the left, having a radius of 1,860.00 feet, a central angle of 08° 20' 55", and a chord which bears South 05° 49' 33" East, 270 78 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner; Thence, South 10° 00' 00" East, continuing along said common line, at 94 00 feet pass a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for reference, continuing in all a total distance of 149 00 feet to the southeast corner of said 4.292 acre tract, the southwest corner of said 2.300 acre tract, the northwest corner of that certain called 0 9505 acre tract (Parcel 5B) described in the deed to City of Pearland by an instrument of record in File Number 2005022813 of the Official Public Records of Brazoria, County, Texas (B.C.O P.R.), and the northeast corner of that certain called 0.203 acre tract described in the deed to Brazoria County Drainage District No. 4 by an instrument of record in File Number 2007069415, B.C O.P R., Thence, South 86° 41' 18" West, along the south line of said 4.292 acre tract, common to the north line of said 0.203 acre tract, 103.04 feet to a point on the north line of that certain called 0.698 acre tract described in the deed to Shadow Creek ranch Maintenance Association by an instrument of record in File Number 2009056290, B.C.O P R., Thence, South 89° 47' 09" West, continuing along said common line,198.29 feet to a point on the north line of that certain called 1.248 acre tract described in the deed to Brazoria County Drainage District No. 4 by an instrument of record in File Number 2007069416, B.C.O P R., Thence, South 87° 25' 56" West, continuing along said common line, 99.61 feet to a point; Thence, South 88° 36' 27" West, continuing along said common line, 136.09 feet to the southwest corner of said 4.292 acre tract, same being the southeast corner of Lot 9A of Lorance Tower Resurvey, a subdivision of record in Film Code Number 677559 of the Map Records of Harris County, Texas, (H.C M R.), Thence, North 02° 34' 03" West, departing said common line and along the west line of said 4.292 acre tract, common to the east line of said Lot 9A of Lorance Tower Resurvey, at 55.00 feet passing a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for reference, and continuing along said common line, at 357 40 feet passing a 5/8 -inch iron rod with cap found marking the Page 2 of 3 S:\Sectors\Survey\Protects\LJAS001\2209\2028 East Pond\07 Documents\8.945 Ac M&B.docx Benjamin Lowe, RPLS Texas Registration No. 6944 LJA Surveying, Inc. 8.945 Acres December 7, 2022 Job No. LJAS001-2209-2028 northwest corner of said 4.292 acre tract, continuing along the east line of said Lot 9A of Lorance Tower Resurvey in all a total distance of 776.42 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northwest corner of the herein described tract, from which a 1/2 -inch iron rod found marking the northeast corner of said Lot 9A and lying on the south right-of-way line of Fruge Road (called 40' wide at this point) bears North 02° 34' 03" West, 20.00 feet; Thence, North 87° 25' 57" East, departing said common line, 534.20 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for corner on a west line of the aforementioned 2.300 acre tract Thence, South 41° 23' 57" East, along the west right-of-way line of the aforementioned Kirby Drive, common to the west line of said 2.300 acre tract, 13.50 feet to a point for corner, said point lying 0 35 feet inside a power pole, the beginning of a curve; Thence, continuing along said common line and 246.18 feet along the arc of a non -tangent curve to the left, having a radius of 1,860.00 feet, a central angle of 07° 35' 00", and a chord which bears South 05° 39' 15" West, 246.00 feet to a 5/8 -inch iron rod with cap stamped "LJA SURVEY" set for the northeast corner of the aforementioned 0.4396 acre tract; Thence, South 87° 25' 57" West, departing the west right-of-way line of said Kirby Drive and along the north line of said 0 4396 acre tract, 120.00 feet to the POINT OF BEGINNING and containing 8.945 acres of land. Page 3 of 3 BENJAMIN LOWE o 6944 S:\Sectors\Survey\ProJects\LJAS001\2209\2028 East Pond\07 Documents18.945 Ac M&B.docx Exhibit B — Sketch of the Property rw mlAp°'mvt"°u'x I rtau• TW C. � OJ)b9 143,n LYE p /r a 1„owrraao L,,mc�� t•t cwarcMtq YA4, 'Ltl,' 00'L' '. +pLACoIAt Lemo 0111000 -01r. RCCOR09 PROPERTY DF TORRID 800101.;.V. OOES IVM41nl SYRIEI AYA DAUD WnL e1R.EY A -•T_ _ Gul u Arittr C •]tart OWP10100 Ltcf°IiwH'°a� If VP II OP P HANUD InumtC. Mc ADD P-am=0339- ne.•AA• TIP NP) Ile, u.: A+a 34 11 ILA `•I C HPtw :7: IP Wall -CU In IA' 0./eV UD¢Aa A Amer to now V 8.915 ACRES (7S9A3O SO. PLED °a11i'j,P, 336']1. IF••r..--• •Fsar r wI• AID], w rot. no 5/V s Ga vmPr Ltd.' d 5 as � X41"1 LOttin .114.30.1 •tux r LAC) AGF M CISC .41 Ilkaa43 OP MAY •w tan mnc O0 ar) P HAPn 'PAWN" H 1/ Cm IV. IMO ePeettrl MyLt +Y I FV7 021 mmu R0OaZucu) 8.43.4 mT'u• • .mw �! lH4x IlilS 1334f3' iu i 6 13i1]k NOTES I. ALL BEARWGS REFCROKE0 10 INC TEXAS COGTO]UTE 5KLER. SWIM CEI110AL 0001. 1110 OD 2OLTS SU OCY WLWKYpA v.DASOUN0TACI 01000T OF A MC CCLAOTLINT. LASCNCNi5 DAP 3 en OA , OARDSR SCRP004 WAS PREPARED PER T¢ SUMO TRACT ON SOPA4AIC Ox ORAPIRCAL PL01THG ADO 388{0p0L0010 TT1A^ aU UAP INUOLR •AOWCIOIOR 105 HOARD 5 OxNY)¢Md]SIS 91VAIEk ME I UMMO ROW ik ACt Isis lOO ki �C(lµ OL000 HA7AR0 A]¢AS). 'lJA 00L5 ND NARRANI NUR 5UBSCR BC IO 144E ACCURACY U 58301 F 5Am YAPS', I BENJAMIN LOWE, REGISTERED PROFESSIONAL LAND SURVEYOR. HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES LNMH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY IB. CONDITION 2 SURVEY. DATE DECEMBER 7. 2022. BENJAMIN LOWE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 6944 Page 1 of 1 I LLCA.PJLRP DCAPR FM10 04 1.4 P.O D. RCP nla (S) • (AU) A TED + LP PED TOP CY I1 SON IW •N � ry ■ AT DIP RECORDS OP HARRIS COWRY. TEXAS OTFICG1 PUWC ACCORDS O RRAPORIA mare. LOGS (ARID FOR ROD FILE RIMIER PINT OP DEOIPPDO ROt0ORCED CCIICRLYE PIPE CCRRUDATED UCTAL PIPE we UR/fl' ELT WARPED CGRR0LLIOO UOVWENT TELEC000LNCATNSS VAOIER LIGHT POLE PEDESTAL Mali POLE G'lr-WRE SIGN WATER VALVE PA CTw! DOD marrow LRIL NON EOM 00 DITCH COMM WILE 0E014A0 ELECTRIC STANDARD LAND SURVEY OF 8.945 ACRES (389,636 SQUARE FEET) LOCATED IN THE OBEDIAH PITTS SURVEY A-626 HARRIS COUNTY, TEXAS DECEMBER 2022 JOB ND. LJA5001-2209-2020 lJA 9MrvovinB, Inc. 7000 W Son Hagan Portray 9 P0050 71)357.5200 61051170 FOR 712.057.9020 Wort" Taos 77042 T.BPELS. rim No. 10104397