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R2023-163 2023-07-10RESOLUTION NO. R2023-163 A Resolution of the City Council of the City of Pearland, Texas, authorizing conveyance of certain real property 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 certain property attached hereto as Exhibit “A” and made a part hereof for all purposes, is hereby conveyed to LKPMD. PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2023. ________________________________ J. KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ______________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 9B5F4B06-9C2E-436D-BE54-AAB93054328C DEBTS, LIENS AND POSSESSION AFFIDAVIT Date ( \ \ , 2023 GF# CH- 'J766041:00070 Title Company Charter Title Company (including address) 1717 West Loop South, 12th Floor, Houston, TX 77027 Underwriter Fidelity National Title Insurance Company (including address) P 0 Box 45023, Jacksonville, FL 32232-5023 Seller CITY OF PEARLAND, TEXAS, a municipal body politic and corporate Affiant Trent Epperson, City Manager of the City of Pearland, Texas Property All of that certain real property situated in Harris County, Texas, containing 0 1507 acre, 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 Charter Tick Company 1094357 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 Tren Epperso ity Manager THE STATE OF TEXAS § COUNTY 0F'NA20ekk, § This instrument was acknowledged before me on the_a__day of , 2023, by Trent Epperson, City Manager of the CITY OF PEARLAND, TEXAS, a municipal body p litic an corporate, on behalf of said city (NOTARY SEAL) ! �/ Y,,,,, JENNIFER SITYLAN CADMUS 1 II'terry 'u:lic, State of exas _° A Notary Public,State of Texas ' My Commission Expires \�'.= December 17,2024 NOTARY ID 1166200-6 Charter Tit* Cammiy, 1094357 Exhibit A— Description of the Property February 28, 2023 Job No LJAS001-2209-0000C DESCRIPTION OF 0.1507 ACRE (6,564 SQUARE FEET) Being 0.1507 acre (6,564 square feet) of land located in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a portion of Lot 41 1/2, Block F of the Allison Richey Gulf Coast Homes Suburban Subdivision, a subdivision of record in Volume 3, Page 40 of the Map Records of said Harris County, Texas (H C.M R ), more particularly being a portion of that certain called 0 9234 acre tract conveyed to City of Pearland by an instrument of record in File Number RP-2018-476731 of the Official Public Records of Real Property of said Harris County, Texas (H C O P R R P ), said 0 1507 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone, NAD83), COMMENCING for reference at a 5/8-inch iron rod with cap stamped "LJA SURVEY" found for the southeast corner of that certain called 2 844 acre tract conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-476734, H C O P R R P , same being the southwest corner of that certain called 2 605 acre tract conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-428942, H C O P R R P , said point lying on the south right-of-way line of South Spectrum Boulevard (called 100' wide), from which a 5/8-inch iron rod with cap stamped "LJA SURVEY" found for the northeast corner of said 2 844 acre tract, same being the northwest corner of said 2 605 acre tract bears North 02° 20' 54"West, 100 00 feet, Thence, South 87° 42' 22" West, along said south right-of-way line, 24 67 feet to the northeast corner of said 0 9234 acre tract, said point lying on the west right-of-way line of Karalis Road (unimproved), as shown on said Allison Richey Gulf Coast Homes Suburban Subdivision, said point being the POINT OF BEGINNING of the herein described tract, Thence, South 02° 11' 22" East, departing said south right-of-way line and along the east line of said 0 9234 acre tract common to said west right-of-way line, 32 50 feet to the southeast corner of said 0 9234 acre tract, same being the northeast corner of that certain called 3 525 acre Page 1 of 2 S\Sectors\Survey\Projects\LJAS001\2209\0000C\07 Documents\O 1507 Ac_M&B docx 0 1507 Acre February 28, 2023 Job No LJAS001-2029-0000C tract conveyed to Lower Kirby Pearland Management District by an instrument of record under File Number RP-2017-18819, H C O P R R P , Thence, South 87° 42' 34"West, departing said west right-of-way line and along the south line of said 0 9234 acre tract, same being the north line of said 3.525 acre tract, 202.00 feet to a 1/2-inch iron rod found marking the northwest corner of said 3.525 acre tract and the northeast corner of that certain called 18.065 acre tract conveyed to Spectrum 86 Partners, L P and described as Tract 2 by an instrument of record under File Number 20060169567, H.C.O.P.R R.P , Thence, North 02° 11' 22" West, departing the south line of said 0 9234 acre tract, 32 50 feet to a point for corner on the north line of said 0 9234 acre tract, same being the south right-of- way line of said South Spectrum Boulevard, Thence, North 87° 42' 22" East, along said common line, 202 00 feet to the POINT OF BEGINNING of the herein described tract and containing 0 1507 acre (6,564 square feet) of land Corner monuments were not set at client's request . A . OF /�PCG.... f)1 Benjamin Lowe, RPLS A ' -»-••»••- ••• Texas Registration No. 6944 1 •BENJAMIN LOWS LJA Surveying, Inc \ ': �0 6944‘0*- A. 9iy SUK`�� Page 2 of 2 S\Sectors\Survey\Protects\LJAS001\2209\0000C\07 Documents\O 1507 Ac_M&B docx RESTRICTED RESERVE "B" REMAINDER OF 0 4342 ACRE CITY OF PEARLAND THE PROMENADE SHOPS RP-2018-476732 bib& AT THE SPECTRUM HCOPRRP FC 610201 HCOPRRP CALLRITY OF PEARLAND P-2022456997, 2CH C 0 P R R P. FND 5/8" IR W/CAP WINDROSE END 5/8" IR W/LJA CAP SOUTH SPECTRUM BOULEVARD 0 60 120 SOUTH SPECTRUM BOULEVARD •J CALLEDD2.010� WIDE)ACRES =� (CALLED 100' WIDE) . CITY OF PEARLAND SCALE 1"= 60' CALLED 2.844 ACRES P.0•C• FILE NO RP-2018-428942 CITY OF PEARLAND FND 5/8" IR W/LJA CAP HCOPRRP FILE NO RP-2018-476734 HCOPRRP P.O.B. > D N 87'42'22" E 202 00' L2 a) o J 0.1507 ACRE ro a. (6,564 SQUARE FEET) D I a) 2 — S 8T42'34" W 202 00' N 4- p CALLED 0 9234 ACRE °'o o FND 1/2" IR o CITY OF PEARLAND 3 525 ACRES d cr v >N T a c) RP-2018-476731 Y w H.0 0 P.R R P. LOWER KIRBY PEARLAND ?=o o w o CC cC MANAGEMENT DISTRICT z a a a. RESIDUE • TR8C065 ACRES LOT 41 1/2 FILE NO RP-2017-18819, o0 LIJ 0 pp SPECTRUM 86 PARTNERS, L.P BLOCK F H.0 0 P R R P a F _ FILE NO 20060169567, H C 0 P.R R P ALLISON RICHEY GULF COAST rcc 7 d N HOME COMPAN 4�UH�IVM R N J I N 41 a LT VOL 3, PG. I 4'3 LckjI LLJ LEGEND P 0 C POINT OF COMMENCING LINE BEARING DISTANCE Q P 0 B POINT OF BEGINNING L1 N 02'20`54" W 100 00' L2 S 87'42'22" W 24 67' EXHIBIT O F L3 S 02'1 1'22" E 32 50' VOL/PG VOLUME/PAGE L4 N 02'1 1'22" W 32 50' 0.1507 ACRE 0 8 IR IRON ROD (6,564 SQUARE FEET) 1� IN THE HCOPRRP OFFICIAL PUBLIC RECORDS OF REAL *•SP'' T.ST TFk♦ JAMES HAMILTON SURVEY A-876 PROPERTY OF HARRIS COUNTY //g:� eRF� �` HARRIS COUNTY, TEXAS HCMR MAP RECORDS OF HARRIS COUNTY k ' ' k FEBRUARY 2023 JOB NO LJAS001—2209-0000C BENJAMIN LOWE 0/ LJA Surveying, Inc. NOTES 6944 r • / 3600 W Sam Houston ParkwayS Phone 713 953 5200 f �q'•°°ess%°�'O`e/ Suite 175 Fax 713„ 1) ALL BEARINGS REFERENCED TO THE TEXAS COORDINATE SYSTEM SOUTH ♦ ti' -{( to CENTRAL ZONE, NAD 83 / SUR`t��� Houston,Texas 77042 T B P E L S Firm No 10194382 �, 2) CORNER MONUMENTS WERE NOT SET AT THE CLIENT'S REQUEST �—:.� in SPECIAL WARRANTY DEED 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 § § KNOW ALL BY THESE PRESENTS: COUNTY OF HARRIS § 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 m Harris County, Texas, containing 01507 acre, as more particularly described m 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 heremabove 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") 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. 1094355 Rev 090415 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- 1094355 Rev 090415 EXECUTED this 11 day of , 2023 GRANTOR: CITY OF PEARLAND,TEXAS By "177//tL' Trent Epperson,City Manager THE STATE OF TEXAS § COUNTY OF 6' Q-ZiI W § This instrument was acknowledged before me on the I day of 2023, by Trent Epperson, City Manager of the CITY OF PEARLAND, TEX S, a unicipal body politic and corporate, on behalf of said city. (NOTARY SEAL) 1'FY P4. JENNIFER SHYLAN CADMUS Notary Public State of Texas 1Lakilqiitry blic,Sta of Texas 1 My Commission Expires December 17,2024 NOTARY ID 1166200-6 -3- 1094355 Rev 090415 EXECUTED by Grantee on the date set forth m the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor. GRANTEE: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT By. Name " S 1nQr`eer r mbn(-C — Titles. PitSfd. rT- ATTEST: By Name• Title- THE STATE OF TEXAS § COUNTY OF 14ari l S § This instrument w acknowled edbefore me on the ' + day of Q 2 b S i rM Csi -et* , Ir{'L 20 3, �� Q and `h C 'h , �..C1� a r of the Board of Directors of LOWER KIRBY PEARLAND MANAGEMENT DISTRICT, a political subdivision of the State of Texas, on behalf of said political subdivision (NOTARY SEAL) II!_ PaAtAerP CHERYL M.PANOZZO Notary Publ'it State of Texas t9 �= My Notary II)#129667868 "1 Y«.... Expires January 8,2026 I 4 7I -4- 1094355 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- 1094355 Rev 090415 Exhibit A— Description of the Property February 28, 2023 Job No LJAS001-2209-0000C DESCRIPTION OF 0 1507 ACRE (6,564 SQUARE FEET) Being 0 1507 acre (6,564 square feet) of land located in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a portion of Lot 41 1/2, Block F of the Allison Richey Gulf Coast Homes Suburban Subdivision, a subdivision of record in Volume 3, Page 40 of the Map Records of said Harris County, Texas (H C M R ), more particularly being a portion of that certain called 0 9234 acre tract conveyed to City of Pearland by an instrument of record in File Number RP-2018-476731 of the Official Public Records of Real Property of said Harris County, Texas (H CO P R R P ), said 0 1507 acre tract being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone, NAD83), COMMENCING for reference at a 5/8-inch iron rod with cap stamped "LJA SURVEY" found for the southeast corner of that certain called 2 844 acre tract conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-476734, H C O P R R P , same being the southwest corner of that certain called 2 605 acre tract conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-428942, H C O P R R P , said point lying on the south right-of-way line of South Spectrum Boulevard (called 100' wide), from which a 5/8-inch iron rod with cap stamped "LJA SURVEY" found for the northeast corner of said 2 844 acre tract, same being the northwest corner of said 2 605 acre tract bears North 02° 20' 54"West, 100 00 feet, Thence, South 87° 42' 22" West, along said south right-of-way line, 24 67 feet to the northeast corner of said 0 9234 acre tract, said point lying on the west right-of-way line of Karalis Road (unimproved), as shown on said Allison Richey Gulf Coast Homes Suburban Subdivision, said point being the POINT OF BEGINNING of the herein described tract, Thence, South 02° 11' 22" East, departing said south right-of-way line and along the east line of said 0 9234 acre tract common to said west right-of-way line, 32 50 feet to the southeast corner of said 0 9234 acre tract, same being the northeast corner of that certain called 3.525 acre Page 1 of 2 S\Sectors\Survey\Protects\LJAS001\2209\0000C\07 Documents\O 1507 Ac_M&B docx 0 1507 Acre February 28, 2023 Job No LJAS001-2029-0000C tract conveyed to Lower Kirby Pearland Management District by an instrument of record under File Number RP-2017-18819, HCOPRRP , Thence, South 87° 42' 34"West, departing said west right-of-way line and along the south line of said 0.9234 acre tract, same being the north line of said 3.525 acre tract, 202 00 feet to a 1/2-inch iron rod found marking the northwest corner of said 3.525 acre tract and the northeast corner of that certain called 18 065 acre tract conveyed to Spectrum 86 Partners, L.P. and described as Tract 2 by an instrument of record under File Number 20060169567, HCOPRRP , Thence, North 02° 11' 22" West, departing the south line of said 0 9234 acre tract, 32 50 feet to a point for corner on the north line of said 0 9234 acre tract, same being the south right-of- way line of said South Spectrum Boulevard, Thence, North 87° 42' 22" East, along said common line, 202 00 feet to the POINT OF BEGINNING of the herein described tract and containing 0 1507 acre (6,564 square feet) of land Corner monuments were not set at client's request A OF G►STfR� \\ Benjamin Lowe, RPLS ••• ••••••••••»•••»•••••••-�••• Texas Registration No 6944 ` BENJAMIN LOWS LJA Surveying, Inc Vo 6944 i Page 2 of 2 S\Sectors\Survey\Projects\LJAS001\2209\0000C\07 Documents\O 1507 Ac_M&B docx RESTRICTED RESERVE "B" REMAINDER OF 0 4342 ACRE CITY OF PEARLAND THE PROMENADE SHOPS RP-2018-476732 OIL AT THE SPECTRUM HC0P.RRP FC 610201 t H C 0.P.R.R.P 0 3732 ACRE, CITY OF PEARLAND RP-2022-456997, H.0 0 P R R P FND 5/8" IR W/CAP WINDROSE FND 5/8" IR W/LJA CAP SOUTH SPECTRUM BOULEVARD 0 60 120 (CALLED 100' WIDE) MINN SOUTH SPECTRUM BOULEVARD 1-3 CALLED 2 605 ACRES IIIIM (CALLED 100' WIDE) L CITY OF PEARLAND SCALE 1"--- 60' CALLED 2.844 ACRES P.O.C. FILE NO. RP-2018-428942 CITY OF PEARLAND FND 5/8" IR W/LJA CAP H C 0 P R R.P. FILE NO RP-2018-476734 HCOPRRP P.O.B. 9 N 87'42'22" E 202 00' L2 > — a) — I o_ 0.1507 ACRE ro O J I (6,564 SQUARE FEET) a) 5 _ S 87'42'34" W 202 00' r p CALLED 0 9234 ACRE o m m o FND 1/2" IRix CITY OF PEARLAND 3 525 ACRES o_ >N i n. a) v RP-2018-476731 m w H.0 O P R R P LOWER KIRBY PEARLAND z w w v o vo Wowo� co Y MANAGEMENT DISTRICT W z a „ a. c0 Q TRACT 2 FILE NO. RP-2017-18819, o oLO w`D • LOT 41 1/2 I 2 RESIDUE 18065 ACRES BLOCK F HCOPRRP oa �o��= CO c' SPECTRUM 86 PARTNERS, L P GULF COAST r; c� FILE NO 20060169567, H C 0 P R R P ALLISON RICHEY SUBDIVISION N = HOME COMPAN40 HCMR JJ I NwQ — VOL 3, PG 1 o3 I I LcL - W LEGEND P 0 C POINT OF COMMENCING LINE BEARING DISTANCEI P 0 B POINT OF BEGINNING L1 N 02'20'54" W 100 00' L2 S 87'42'22" W :24 67' EXHIBIT O F L3 S 02.11'22" E 32 50' VOL/PG VOLUME/PAGE L4 N 02'1 1'22" W 32 50' 0.1507 ACRE 0 IR IRON ROD (6,564 SQUARE FEET) N i1� H C O P R R P OFFICIAL PUBLIC RECORDS OF REAL 'E.OF T-,, I N T H E ��P� �sTE F ♦ JAMES HAMILTON SURVEY A-876 PROPERTY OF HARRIS COUNTY / ic" *�'F6- k\ HARRIS COUNTY, TEXAS HCMR MAP RECORDS OF HARRIS COUNTY / • • \ FEBRUARY 2023 JOB NO LJAS001—2209-0000C 4 BENJAMIN LOWE ' - "" ' "/ LJA Surveying, Inc. AUI r NOTES \ Ro 6944 �P• / 3600 W Sam Houston Parkway S Phone 713 953 5200 1) ALL BEARINGS REFERENCED TO THE TEXAS COORDINATE SYSTEM SOUTH i 9 `e s s °,��'{{0�, Suite 175 Fax 713 953 5026 s CENTRAL ZONE, NAD 83 / SUFN � Houston,Texas 77042 T B P E L.S Firm No 10194382 2) CORNER MONUMENTS WERE NOT SET AT THE CLIENT'S REQUEST +_ DEBTS, LIENS AND POSSESSION AFFIDAVIT Date k , 2023 GF# CH-1 76602 0026 Title Company Charter Title Company (including address) 1717 West Loop South, 12th Floor, Houston, TX 77027 Underwriter Fidelity National Title Insurance Company (including address) P 0 Box 45023, Jacksonville, FL 32232-5023 Seller CITY OF PEARLAND, TEXAS, a municipal body politic and corporate Affiant Trent Epperson, City Manager of the City of Pearland, Texas Property All of that certain real property situated in Harris County, Texas, containing 0 0643 acre, 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 V There have been no improvements or repairs constructed on the Property within the preceding five (5) months C1 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 ManorTafe Company 1082745 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 (Hi)the use of any gender shall include all genders CITY OF PEARLAND, TEXAS 7/7 By Trent Epper , anager THE STATE OF TEXAS § COUNTY OF Q?_ a-) § This instrument was acknowledged before me on the ` day of , 2023, by Trent Epperson, City Manager of the CITY OF PEARLAND, TEXAS, a municipal bo politic nd corporate, on behalf of said city (NOTARY SEAL) e_e ubll 4 1 1 Clura ,.,: '4'P'''''' JENNIFER SITYLAN CADMUS N ry P , State •1 exas _= Notary Public,State of Texas j*1 My Commission Expires /'S December 17,2024 ..°`"^ NOTARY ID 1166200-6 cbarterTitk carymuY 1082745 Exhibit A— Description of the Property January 3, 2023 Job No LJAS001-2209-2028 METES AND BOUNDS DESCRIPTION OF 0 0643 ACRE (2,800 SQUARE FEET) Being 0 0643 acre (2,800 square feet) of land located in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a portion of Lot 41 1/2, Block F 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 said Harris County, Texas (H C M R ), more particularly being all of the remainder of that certain called 0 4342 acre tract conveyed to City of Pearland by an instrument of record in File Number RP-2018-476732 of the Official Public Records of Real Property of said Harris County, Texas (H C 0 P.R.R P.), said 0.0643 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 stamped "WINDROSE"found for the southeast corner of that certain called 0 3732 acre tract conveyed to City of Pearland by an instrument of record under File Number RP-2022-456997, H C O P R R P , same being the southwest corner of the herein described tract, said point lying on the south line of said 0 4342 acre tract, same being the north right-of-way line of South Spectrum Boulevard (called 100'wide) conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-476734, H C O P R R.P., from which a 5/8-inch iron rod with cap stamped "WINDROSE" found for southwest corner of said 0.3732 acre tract bears South 87° 42' 49" West, 500 17 feet, Thence, North 02° 11' 07" West, departing the south line of said 0 4342 acre tract and the north right-of-way line of said South Spectrum Boulevard and along the east line of said 0.3732 acre tract, 32 50 feet to the northeast corner of said 0 3732 acre tract, same being the southeast corner of Lot 1 Block 1 of Urban Spectrum, a subdivision of record under Film Code 678806, H C M R, said Lot 1 being conveyed to Lower Kirby Development LLC by an instrument of record under File Number RP-2022-456996, H C O P R R P , and the southwest corner of that certain called 1 894 acre tract conveyed to Lower Kirby Pearland Management District and Pearland Municipal Management District No 1 by an instrument of record under File Number RP-2016- 503399, H.0 O.P R R P , said point lying on the north line of said 0 4342 acre tract; Page 1 of 2 S\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\0 0643 Ac_MB docx ME -0 80 gLO+uK F G0�3 I m KE( OS OF CALLED 1 894 ACRE I SCALE 1 "=40' SON g1COS GPFtO S LOWER KIRBY PEARLAND P NOV,E Ws q0 MANAGMENT DISTRICT & I 503 3, PG PEARLAND MUNICIPAL V0\-�CMR' MANAGEMENT DISTRICT NO 1 RP-2016-503399 I LOT 1 BLOCK 1 H.COPRRP URBAN SPECTRUM 40' ROADWAY >, FILM CODE 678806 VOL 3 PG 40 I t HC.MR HCMR 0) I Q o LOWER KIRBY DEVELOPMENT, LLC 0.0643 ACRE e_ d c RP-2022-456996 (2,800 SQ FEET) H.0 0 P.R R P I I N 87'42'49" E 86.08' 6 w D I o _c FND 5/8" IR CALLED 0 3732 ACRE REMAINDER OF 0.4342 ACRE CITY OF PEARLAND T CITY OF PEARLAND RP-2022-456997 RP-2018-476732 H C 0 P.R R P r H.0 0 P.R R.P. I S 87'42'49" W 500.17' CL CO P.O.B. S 87'42'49" W 86 21 m FND 5/8" IR W/LJA CAP SOUTH SPECTRUM BOULEVARD E FND 5/8" IR FND 5/8" IR W/CAP WINDROSE (CALLED 100' WIDE) W/CAP WINDROSE CITY OF PEARLAND WSOUTH SPECTRUM BOULEVARD + FILE NO. RP-2018-428942 ' BLOCK F (CALLED 100' WIDE) H C O P R.R P LEGEND LOT 41 1/2 CITY OF PEARLAND FILE NO RP-2018-476734 H C 0 P R R P OFFICIAL PUBLIC RECORDS OF REAL HCOPRRP PROPERTY OF HARRIS COUNTY, TEXAS LINE BEARING DISTANCE w HCMR MAP RECORDS OF HARRIS COUNTY, TEXAS L1 N 02°1 1'07" W 32 50' EXHIBIT OF L2 S 02'24'54" E 32 50' FND FOUND 0.0643 ACRE ' �� P 0 B POINT OF BEGINNING .fE OF T ' /o, sTeR I„� IN THE \ JAMES HAMILTON SURVEY A-876 , \ PROPERTY LINE / . "`L * F6..". ` HARRIS COUNTY, TEXAS / ' ' \ JANUARY 2023 JOB NO LJAS001-2209-2028 BENJAMIN LOWE T NOTES \ LJA Surveying, Inc. LA \ A 6944 ' / R P 3600 W Sam Houston Parkway S Phone 713 953 5200 1) ALL BEARINGS REFERENCED TO THE TEXAS ° • °F o`' 'Q .4 -14/.,, .s s ,..'O., Suite 175 Fax 713 9535026 COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83 O SU'a► Houston,Texas 77042 TBPELS Firm No 10194382 2) CORNER MONUMENTS WERE NOT SET AT THE / �`�� CLIENT'S REQUEST +� SPECIAL WARRANTY DEED 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 § § KNOW ALL BY THESE PRESENTS: COUNTY OF HARRIS § THAT CITY OF PEARLAND, TEXAS, a municipal body politic and corporate ("Grantor"), for and m 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 m Harris County, Texas, containing 0 0643 acre, as more particularly described m Exhibit A and shown on Exhibit B, both attached hereto and incorporated herem 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 heremabove 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"). 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 claimmg or to claim the same or any part thereof by, through, or under Grantor,but not otherwise, subject only to the Permitted Encumbrances 1082744 Rev 090415 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- 1082744 Rev 090415 EXECUTED this day of4Ai* ,2023 GRANTOR: CITY OF PEARLAND,TEXAS By: Trent Epperson, City Manager THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the I I day of 2023,by Trent Epperson, City Manager of the CITY OF PEARLAND, TE AS, a unicipal body politic and corporate, on behalf of said city. (NOTARY SEAL) -- ,(/� �rIIJ�LIU�� :'P,p4• JENNIFER SITYLAN CADMUS 4� Ay �_° �,`IN Notary Public State of Texas P�otary bhc,Sta Of Texas I I v , *) My Commission Expires I ' �,, ;.�.• December 17,2024 I ` "•••"' NOTARY ID 1166200-8 I -3- 1082744 Rev 090415 EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor. GRANTEE: LOWER KIRBY PEARLAND MANAGEMENT DISTRICT I i By / • N r Title pr ATTEST: By. Name. j r a C ev Title. r e r THE STA l'E OF TEXAS § ffII __ § COUNTY OF C#ar iN 1 S fw This instrument was acknowled ed before e n the I I r day of YACt 20 , by 5 k4f'€h r V (0 i L V r€$ id-e 'and su t•1 r, 3Pal-c "en 5ecre- Q r of the Board of Directors of LOWER KIRBY PEARLAND MANAGEMENT DIS PRICT, a political subdivision of the State of Texas, on behalf of said political subdivision (NOTARY SEAL) P044--eW •- _ .i-r ♦ -♦ :ON CHERYL M.PANOZZO Notary Publi tate of Texas My Notary ID*129667868 ` "•: i Expires January 8,2026 .M' a . . a -. -4- 1082744 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- 1082744 Rev 090415 Exhibit A— Description of the Property January 3, 2023 Job No LJAS001-2209-2028 METES AND BOUNDS DESCRIPTION OF 0 0643 ACRE (2,800 SQUARE FEET) Being 0 0643 acre (2,800 square feet) of land located in the James Hamilton Survey, Abstract 876, Harris County, Texas, being a portion of Lot 41 1/2, Block F 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 said Harris County, Texas (H C M R ), more particularly being all of the remainder of that certain called 0 4342 acre tract conveyed to City of Pearland by an instrument of record in File Number RP-2018-476732 of the Official Public Records of Real Property of said Harris County, Texas (H C O P R RP ), said 0 0643 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 stamped "WINDROSE"found for the southeast corner of that certain called 0 3732 acre tract conveyed to City of Pearland by an instrument of record under File Number RP-2022-456997, H C O P R R P , same being the southwest corner of the herein described tract, said point lying on the south line of said 0 4342 acre tract, same being the north right-of-way line of South Spectrum Boulevard (called 100'wide) conveyed to City of Pearland by Right Of Way Deed recorded under File Number RP-2018-476734, H C O P R R P , from which a 5/8-inch iron rod with cap stamped "WINDROSE" found for southwest corner of said 0 3732 acre tract bears South 87° 42' 49" West, 500 17 feet, Thence, North 02° 11' 07"West, departing the south line of said 0 4342 acre tract and the north right-of-way line of said South Spectrum Boulevard and along the east line of said 0 3732 acre tract, 32 50 feet to the northeast corner of said 0 3732 acre tract, same being the southeast corner of Lot 1 Block 1 of Urban Spectrum, a subdivision of record under Film Code 678806, H C M R, said Lot 1 being conveyed to Lower Kirby Development LLC by an instrument of record under File Number RP-2022-456996, H C 0 P.R R.P., and the southwest corner of that certain called 1.894 acre tract conveyed to Lower Kirby Pearland Management District and Pearland Municipal Management District No 1 by an instrument of record under File Number RP-2016- 503399, H C O P R R P , said point lying on the north line of said 0 4342 acre tract, Page 1 of 2 S\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\O 0643 Ac_MB docx 0 0643 Acre January 3, 2023 Job No LJAS001-2029-2206 Thence, North 87° 42' 49" East, along the north line of said 0 4342 acre tract, same being the south line of said 1 894 acre tract, 86 08 feet to the northeast corner of said 0 4342 acre tract, same being the southeast corner of said 1 894 acre tract, said point lying on the west line of a 40 foot right-of-way, as shown on Volume 3, Page 40, H C.M.R., Thence, South 02° 24' 54" East, along the east line of said 0.4342 acre tract and said west right-of-way line, 32 50 feet to the southeast corner of said 0.4342 acre tract, said point lying on the north line of said South Spectrum Boulevard, Thence, South 87° 42' 49" West, departing said west right-of-way line and along the north right-of-way line of said South Spectrum Boulevard, 86.21 feet to the POINT OF BEGINNING and containing 0.0643 acre (2,800 square feet) of land Corner monuments were not set at the client's request Benjamin Lowe, RPLS * o s Texas Registration No 6944 4 = i LJA Surveying, Inc \ BENJAMIN LOWE P. `� 1%4 6944 / \ ,y y.4.U,(0 \2 SUFZ�� • Page 2 of 2 S\Sectors\Survey\Projects\LJAS001\2209\2028 East Pond\07 Documents\0 0643 Ac_MB docx II -0 80 BOOK F GO�� I INN IIIIIMIIIINIICE( GURj Of CALLED 1.894 ACRE I SON (A10 5 P ROENS LOWER KIRBY PEARLAND SCALE 1 '=40 AIN NOtt,E. oly GP AA MANAGMENT DISTRICT & 50 3, PG PEARLAND MUNICIPAL \IOL N C M R' MANAGEMENT DISTRICT NO 1 RP-201 6-503399 I LOT 1 BLOCK 1 H C.0 P R.R P URBAN SPECTRUM 40' ROADWAY FILM CODE 678806 VOL 3 PG 40 = I HCMR HCMR e 8 LLC LOWER KIRBY DEVELOPMENT, 0.0643 ACRE 0_ ' RP-2022-456996 (2,800 SQ FEET) I HCOPRRP I A N 8742'49" E 86 08' o w D _c CALLED 0 3732 ACRE REMAINDER OF 0 4342 ACRE I o 2. K FND 5/8" IR CITY OF PEARLAND r CITY OF PEARLAND RP-2022-456997 RP-2018-476732 r HCOP.RR P. r H C.0 P.R.R P. C N I S 87'42'49" W 500 17' Co CO g S 8742'49" W 86.21' P.O.B. FND 5/8" IR W/LJA CAP SOUTH SPECTRUM BOULEVARD 17) _" FND 5/8" IR FND 5/B" IR W/CAP WINDROSE (CALLED 100' WIDE) W/CAP WINDROSE CITY OF PEARLAND W SOUTH SPECTRUM BOULEVARD - ' FILE NO RP-2018-428942 BLOCK F (CALLED 100' WIDE) H C 0 P.R R P. LEGEND LOT 41 1/2 CITY OF PEARLAND FILE NO. RP-2018-476734 HCOPRRP OFFICIAL PUBLIC RECORDS OF REAL H C.O P R R.P PROPERTY OF HARRIS COUNTY, TEXAS LINE_ BEARING DISTANCE HCMR MAP RECORDS OF HARRIS COUNTY, TEXAS L1 N 02°1 1'07" W 32 50' EXHIBIT O F P. L2 S 02'24'54" E 32 50' FND FOUND ��` 0.0643 ACRE P 0 B POINT OF BEGINNING 1 OF I N T H E /*'�P��C',\STeR ik JAMES HAMILTON SURVEY A-876 PROPERTY LINE / �"''Q--' * Fo', k HARRIS COUNTY, TEXAS / ' ' _k JANUARY 2023 JOB NO LJAS001-2209-2028 NOTES \ BENJAMIN LOWE % • LJA Surveying, Inc. \ 'A 6944 • •P 3600 W Sam Houston ParkwayS Phone 713 953 5200 1) ALL BEARINGS REFERENCED TO THE TEXAS ° • °°E s s °` ' 4 1 • O,, Suite 175 Fax 713 953.5026 COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD 83 �ti0 SU j Houston,Texas 77042 T B P E L.S Firm No 10194382 2) CORNER MONUMENTS WERE NOT SET AT THE / CLIENT'S REQUEST +imm.-