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R2010-089 - 2010-06-28RESOLUTION NO. R2010-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AGRICULTURAL EXEMPT PROPERTY DEVELOPMENT AGREEMENTS ASSOCIATED WITH THE ANNXATION OF CERTAIN PROPERTIES IN THE CITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreements, copies of which are attached hereto as Exhibit "A" and "B" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the attached Development Agreements. PASSED, APPROVED and ADOPTED this the 28th day of June, A.D., 2010. ATTEST: 1 NG Y SE' ' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Exhibit A Resolution No. R2010-89 STATE OF TEXAS 3 COUNTY OF BRAZORIA § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Pearland, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County, Texas, which is more particularly and separately described in the attached Exhibit "A"; and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of Owner's Property; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1, The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Aa-reement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and, or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Brazoria County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's Residential Estate (RE) District zoning requirements apply to the Property, and that the Property shall be used only for Residential Estate (RE) District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned Residential Estate (RE) pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Pearland Attn: City Manager 3519 Liberty Drive Pearland, Texas 77584 Section 8. This Agreement shall is binding upon the City and the Owner and their respective successors and assigns for the Term and run with the Property and be recorded in the real property records of Brazoria County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Brazoria County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this M day of •,(] , 2010. Owner Printed Name: /(/ .;�/i�l9,.v �v ' //rC kr- -ase. Owner Printed Name: f a l 1116 Owner Printed Name: Owner Printed Name: 13i11 Eisen City Manager, City of Pearland, Texas THE STATE OF TEXAS COUNTY OF U LD /14 This instrument was acknowledged beforA me on the l.s day of 2010, by 02.... ,,r,., ' , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instru 2010, by PAULA WEEKS • Nolory Pub1:c, Side of Texas rte, n Commis:ion Expires 1-31-11 / was ackngw5ledged before me on the V`÷1 day of Liz AD, , ,, , Owner. Notary Public, State THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of itiPt--- LYNNE MORGAN ,1AYNES MY COMMISSION EXPIRES October 14, 2013 2010, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2010, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF } This instrument was acknowledged before me on the kb' day of —Rk ne, 2010. by Bill Eisen, City Manager, City of Pearland, Texas. ary Public, State of Tas 1 STATE OF TWA lig�rrn4 sww4a Exhibit A r 91865 820 Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty. grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs. executors, administrators, successors, and assigns. against every person whomsoever lawfully claiming or to claim the same or any pa thereof. except a to the reservations f om and exceptions to warranty, when the claim is by, through, or under Grantor, but not otherwise. The vendor's Tien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this dced shall become absolute. When the content requires, .singular nouns and pronouns include the plural. STATE OF TEXAS COUNTY OF PE.4RLA_ND STATE BANK By : CK B. IDOUX, Sr. Vice President f4F STATE OF TEEA9 cEaJw YOF aRaNraA 6 OOtLY BAILEY, Ort; a rs County Due to r.a for &am.t. C Ir, T...t de Wan), ca.* Nat l2. InauuRna w ra.EO FOR RECORD W RECORDED In Lha Volume and ern. cafe OFFICIAL RECORD al Pa erns Ina aa• a. aninind nr.c, qdn. 15 Ca cTiCtr►d Braaoly W. TX efal IAcknouledgmenll FILED FOR RECORD . _ 9 t This instrument was acknowledged before - by 1c�e.k fa. Cu TERESA L. FIUGI-HES Niatary Pttk, Stets of Taxes Cmrnlatton Exceee Brag -W STATE OF TEXAS COUNTY OF Notary Public. State of Texas Notary's name (printed): Notary's commission expires: (Corporate Acknowledgment) This instrument was acknowledged before me on the / d day of i'lecem her , 19 0C, by r}--To�ryck i �•{11J�ouff� I .5eA;or y,Cr r{Es;i€A of `e.(}r}pL,o. S tW '2 AYJ-r`1� arr e Xa-S corporation, on behalf of said corpo o liliAFTER RECORDING RETURN TO: TERESA L. HUGHES Nattuy Pubic, State of Taxes ConarrsabnExpirea 8-35-94 Norman W. Hicks, Sr. P 0 Box 1006 Pearland, Tx 77588 Notary Pu b XState of Texas Notary's name (printed): Notary's commission expires: PREPARED IN THE LAW OFFICE OF: RANDALL L. FERGUSON 2414 S. Park Avenue Pearland, Texas 77581 • • • • • • Property (including any improvements): Lots Four (4), Eight (8) and Twelve (12), being out of Kanawha Tex Co. Subdivision of a portion of Section 18, UM RR Co. Survey, Abstract 547, according to the map or plat thereof recorded in Volume 2, at page 51 of the Plat Records of Brazoria County, Texas. 91865 819 Reservations from and Exceptions to Conveyance and Warranty: Those appearing of record in the office of the County Clerk of Brazoria County, Texas, to the extent, and only to the extent, that same may still be in force and effect and shown of record. 16. 559 91865 818 2253 Prepared by the Sale Bar of Texas for use by lawyers only Revised 10-$5. o {V,. c. the sW Iles .+T.e WARRANTY DEED WITH VENDOR'S LIEN Dale: December 21 , 1990 Grantor: PEARLAND STATE BANK. by and through its duly authorized Senior Vice President, Jack B. Idoux Grantor's Maiiing Address (including county): P. 0. Box 66 Pearland, Texas 7758 (B -zoria County) Grantee: NORMAN W. HICKS, SR. and wife, AjiAf ( HICKS SHELIA Grantee's Mailing Address (including county): P. 0. Box 1006 Pearland, Texas 77588 (Brazoria County) Consideration: Ten and No/100 ($10.0Q) Do1llars and other good and valuable consideration, and a note of even date that is in the principal amount of $95,000.00 and is executed by Grantee, payable to the order of Grantor. It is secured by a vendor's lien re— tained in this Deed and by a Deed of Trust of even date from Grantee to Lloyd R. Ferguson, Trustee. 1 • • V9.11. m cD -o r 0 -13 CD ai • • • ■ ■ 23 \' 0110.0 } 7-7 } LOL/113 LO L X13 Exhibit "B" Resolution No. R2010-89 STATE OF TEXAS § COUNTY OF BRAZORIA § CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Pearland, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County, Texas, which is more particularly and separately described in the attached Exhibit "A"; and WHEREAS, the City has begun the process to institute annexation proceedings on all or portions of Owner's Property; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the terms of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for existing single-family residential use of the property, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Brazoria County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's Light Industrial (M-1) District zoning requirements apply to the Property, and that the Property shall be used only for Light Industrial (M-1) District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. However, the Owner may construct an accessory structure to an existing single family dwelling in compliance with all applicable City ordinances and codes. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned Light Industrial (M-1) pursuant to the City's Code of Ordinances, pending determination of the property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Pearland Attn: City Manager 3519 Liberty Drive Pearland, Texas 77584 Section 8. This Agreement shall is binding upon the City and the Owner and their respective successors and assigns for the Term and run with the Property and be recorded in the real property records of Brazoria County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Venue for this Agreement shall be in Brazoria County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and. upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. 04 Entered into this �g day of .S‘..1l\e. , 2010. Owner Printed Name: m c lT Br -c(0,1 \Jo Bret -oil t-, IL• pp by 5 11 ro ) Owner Printed Name: Car ,�. ,� . 13,-0 Owner Printed Name: Owner Printed Name: Bill Eisen City Manager, City of Pearland, Texas 1,11C fly BrcL . I -.I,,' (1:146 -"v1" --el - - r# THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of J i.c,'t e, 2010, by i_ , • , Owner. 1 L Li/ Iro THE STATE OF TEXAS COUNTY OF #�Y"rVs JENNIFER SNIDER "= MY COMMISSION EXPIRES November 26, 2011 This instrument was acknowledged before me on the 1 L day of j e 2010, by 5 h I( r Y fw; ,, N c , Owner. Not? Public, $late of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 2010, by , Owner. 074.01 JENR SNIDER y s_ MY COMMISSION EXPIRES November 2E, 2011 day of Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 2010, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF} This instrument was acknowledged before me on the day of day of 2010, by Bill Eisen, City Manager, City of Pearland, Texas. ti G- - e Public, State of Tex Ak4ge E. #ka.66 OF TOM Owner `J2 Printed Name: FJo y c{ JV Cr ewn � JY. i,e,t/t9c. Owerr Printed Name: M a. 7-d J r I e f 1 r e w 1i Owner Printed Name: Owner Printed Name: City Manager, City of Pearland, Texas THE STATE OF TEXAS § I § COUNTY OF C��-1 )§ This instrument was acknowle 1ged before me on the . r, � day of 2010, by F. (c i( t �_ \j . b ti ‘, ;\O,wner. f / 6-)���--��-�' Notary Pub il State of Texas THE STATE OF TEXAS COUNTY OF C)a--f 6-' e~'C' ' This inst ent was acknowl deed before me on the 2010, by } y { a yr l e_.. S Y G Lo 1 , Owner. Notary Pub c, State of Texas THE STATE OF TEXAS COUNTY OF MARY LOUTHAN Notary Public. State of Texas My Commission Expires • August 22, 2012 • MARY LOUTHAN Notary Public. State of Texas My Commission Expires August 22, 2012 This instrument was acknowledged before me on the day of 2010, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2010, by , Owner. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF} This instrument was acknowledged before me on the day of 2010, by Bill Eisen, City Manager, City ofPearland, Texas. Public, State of Te Jun 14 10 11:37a Stan Brown 316-773-3165 p.1 STANLEY D. BROWN 9111 W. 2ISt ST. N. # 5 WICHITA, KS 67205 Telephone (316) 773-3165 FAX (316) 773-3165 (call before sending fax) FAX COVER SHEET TO: /-761/ v, r e ee :moi FAX NO.: / 2S/ DATE: 6/, 4,9 7/J NO. OF PAGES, INCLUDLNG COVER: RE: 7)ez3 ri:6f„:r 4 C r- ' lz e lzt NOTES: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOL' ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTR.IBUI1ON OR COPY OF TI HS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER BY TELEPHONE (IF LONG DISTANCE, PLEASE CALL COLLECT) AND RETURN THE ORIGINAL MESSAGE TO THE ABOVE ADDRESS VIA U.S. MAIL_ THANK YOU. HARD COPY MAILED? YES NO ✓' Jun 14 10 11:37a Stan Brown Owner Printed Name: (c) a id i E t / Printed Naim:7� er 22 i .ner Printed Name; alai Se 38- ercf,cc,sc Owner Printed Name: Eiscn City Manal er. City orPearland, Texas 316-773-3165 p.3 Jun 14 10 1137a Star Brown 316-773-3165 p.2 THE STATE OF FE :.\s COUNTY OF Seel, This instrument \vas before me On the 201 . by Frei 1? ! d� g, Owner. 1„: '>7 Notary u[7hre.. State of Tev.L, THE STATE OE -TL A3 K'C":e COUNTY OF NOTARY PUBLIC - Siata of Kansas TERRI Bn�' My Apt. Exp• dav of This instt mens was acknowledtted before me on the day of !-7 P. -,, ,,t . C3�.�•t�er. 1010. Notary Rib] State o THE STATE OE TEXAS- COUNTY OF f2cfrfsezs ,tu rr a S This ins, umcnt was acl;taow ledeed before me or. the ! dav of 'Jar/ C.- 2010/b=:.'/o,'ra 8gr-e,co,-i- .Owner. ,. '/7€77/ Notary- Public, State or Ka r7 s RS THESTATEOFEA' Ka'7 SSS COUNTY OF Thib instrument was a.;knowledged before me ou the day of 2010, by Owner. Norary Public. State of Texas THE STATE OF TEXAS COUNTY OF: Tiis ns_r i ent v. -as a. know!ed zed lt e me or the Ztrjric, 2010, by Bill Eisen, City Manager, City ofPearlaud, Texas. Public, State of Te Exhibit A '9W11 NA'PA PA YR, X 2 M LOT R AL .1SON-RICHEY OSII.F COAST HOME Cllr SUBDIVISION OF SECTION 29-H.T.&13. R.R. Co. SURVEY LOT r7 ABSTRACT No. 202 AOF r, Al2 111151)..11 MOO' 7,149 CVL. sr I6MAr 920402,77 (PLAT BOOK No. 2. PR. 101 D.C.M.R.) Men 9A A Mrrl4 rilutre rn p760: n AL ANOPIA L. •110201.10 0/1,100 0011. 17117. Or.. CO: 9000) 111-15_10211 no' 01.111911 R96n (NAT PONY NA. 2, Ar r3r 0.0.1.119r 010,1.. WIN 477 5 le - eA (TT 04(1(77 0,.E) 107E 7940[ 1,009 91.700 N MN,MN, FT IIY 113 0,w eur..Arr 007ifra , erwoRA N-02- IoM 1,II 0139 r6A7�7 Pn.4 MON LrENT� tom"^-x_I.; M ""•'M PIPL 2910.1020 140 A 0e11*00 977591.70 90' (2171 72 ),1102,0311T r 1 ENY LF. conn g . �eA,.m rA -NI. } } .A,. F R 11"rt7m 79.77" 1740\ A W 0(9(4007 (002.r F Pr...1'9 PMR] No -PR -Mg armee • • N 86'4310' E 1,650.00' rA MMnK rtl nom 7,,kules1 90' AM0r0 SAIrwwr(R 0,117110E 01777(9(7 Oct. Ir121. 717. A77 DEPT) ] - -- MP.. WIMP, MT T. PA PM —,1004 PA ,.,r 0,117/1 WV./ GV Ix0 Leff ACRE LEAD( 77ACt-ErARrr •A• rimy N. MINN 07 ler FAN AMAr�0M�.WE FIAo0LEI4 C07r194,777 (0900. all, M. 70: MDR) 07-92- 29170E RE51dK 00 re200 9ao D CINNI79 11917H m 0,i 94R N. RM( .i 2771, EG (1 woo .1 0.71 GROSS AREA LESS AREA WITHIN MONLIAIENTED 11,O,W. OF C.R. 926 NET AREA C 71/1‘ 779 t 16/1 .1077- 3942 II.d. 'LW /1"114111"4 CAW r ATTITCP 07 (0t IR !MINA (0(0141'PAK IKNTf' 2 0, N [(t7,110-,9011 RR.) A2-e .41.0124N r ,M 17 0 102 7717? rr AI rR *FIN A MUr.1M' NO, . :OR r0 911.1. 909,,) 61241.72– n`Ix.1 1y1 PIP • — 9rr 5/',17 37n 0RMMIAA0 son,C 0999 70, 91.77100 (1727. -1 6391. 1577, 63. ]RA KM) CAI 6• 1,'77/ — Gtlln /.IID ACRE 7714777N mow* FT pAliNbrM il• .17291'0 roorl 0,w C9Or2AM' Mx. I432-36-07,3 77.9440.66) 20' PAN ANEfR9•* Aw' L'C 77/W E4M9. 0571). 1002. M. 79 029) - 42.581 ACRES 0.655 ACRE- 41.926 CRE41.926 ACRES (Arw..4 1M70666 nrt700E' FROP,r-OA---WAY DSCSr)'0f0 DV 41.020 ACRES) 0005/7 M - • -°w572.en .Inyrtin1P _ IV a 177 Fry. .m' 77727291E Mk 0, n ffECA f3MT J h 1 / =.�, 77+7 115 en 9cnR1 — d ¢crt In, TeX Non. rTSPJC1V. nag 1.4.1.111 M. n' } } 'PA wn . �� �' cm' 0,v rrAnlAwn 11+77 Lwlr rwr inn6 J 14 Or WNW!: roe rtrt194 arm 0,R 001/0.1•11 D7nWnNrE 1.6. Ir 773177-47.3,37 casco wI Lm a 0117 fl" ,I1) '1.e .,aI1.1rt,11W M1O., LME s 8643'139 w eso.5e COUNTY ROAD 128 (HASTINGS CANNON ROAD) 7 EPG; 6je Ica r r 1+wr�l I,...17.we7 Lor r 5 8639'02' W 700.061 6W2. 21, 01 .135_1.10nrrR r r Nn on PM, emm 5I664EE OCN :NONCE Dull •l 40,07[50 I/2 WrtMsr 740 AR11 a' n 0,,r .10(67 P. 411175. n 119 AMry-0 ((090200., 077271.79 ro AM0C0 MMMICrkw M.MAM' M1Q'.• 171..101 IA!1 OC") AIX 772a. 0 775 :ONO 01-0D-10.12 IF, _ :9' MA9909 ROW jy nMAr (0o7 N., 2, 7b. 191 90. 42..1 surffAcE DUD 7/1) 4,79957 New., .1.1441.(5 RM1El L, 1'f 1240 To Artery 01130121100 0900099 1109. 7020 67PC -6 17 7709) (s0*2917 9A9(5(N 44470(77 0407( ET IIA 44.1401 000,0101700 09240' (M'R. (920, PO.I. 177 0!]977 SECTION 27 W. T. 71])011E8 SIIRVF.Y ABSTRACT - 4131 00011190 Srr7MG07 1)9(0107 71_00A0 o YAC. T0,, 7. 250 0 250 500 750 Feet 101 4 BLANKET EASEMENTS AFFECTING SUBJECT TRACT PIPELINE, ELECTRIC . Tarp(-IONC R1GI -T -OF -WAY FLOYD N. PROWN, F_ T !Lk Tn STANOLIND OIL & GAS COMPANY ((1310. 403, PC. 265 DCDR) 01-29-1946 SAI,TWATF,R P(PFLINF RIGHT-OF-WAY FLOW N. BROWN, FT ux TO STANOL/NO OIL ANO GAS COMPANY (VOL. 362, PC. 449 &CDR) 09-10-1942 PIPELINE. RIGHT -Or-'WAY FLOYD N BROWN TO HOUSTON P/ISI L1NF comp NY (VOL. 28.5, PG. 457 RCDP,) 04.08-1935 PIPELINE RIGHT-OF-W'lr FLOYD N. DROWN. FT I) TO HUM81 E OIL A( REFINING COMPANY (VOL. 293, PG. 418 BCOR) 07-1,1-1937 sje- 1(209(09 7777E (04(727 A.179 19795) Ear, NNTI001u. n 179,1 ia AMOCO PAKII1 '0,(L, coonnA( 71.9. (07)9.10, rt. Aro ArM1 11557-21. 1004 AIS0 5EE.. SURFAIS Derr M?R77.. t ANR5 01 12 195119 0000LrraN (21/7770 (150. (.15)21.1, K. 222 0,07) 11-1iLa- IrtAt [011271 29 77472901)0 DE7D EWA 421E 1000011 73 Al �I 9(724El'91 )94 A 009 +�A :fa -lues � T✓.L. DAVIS & CO. FRENO IWOOO117E%AS 77546 l - 1) T,ANI) STIJZVEYTN("1 'A a12 �°"z nl204 EXHIBIT 42.581 ACRES OUT OF ALLISON—RICHEY GULF COAST HOME Cols SUBDIVISION OF SECTION 29 (PLAT BOOK No. 2, Pg. 101 B.C.M.R.) H.T, & B. R.R. Co. SURVEY. A-292 PEARLAND RAZORIA COUNTY TEXAS DATE: 01- 12-2006 SCALE: r-251:1 NO. 11-55. 9vt1 LOT Lm r S 1KtrIO it 05045' COUNTY Raw 1213 {lwsrpirc aWNON A!aenl , e os 1+W. eaw' Lor r • Lor a 1m r eLwvr manna wrens a11r mr.= STANDARD LAND SURVEY 42.145 ACRES OUT OF SECTION ZR 11.7. 4 R- R,R, Co. SURVEY, A-2'2 1'E RLAND, ORAZORiA Cottorrr, 1tYA$ NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING LNFOR LOTION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD Di THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER SPECIAL WARRANTY DEED STA 1'E OF I EXAS § § COUNTY OF BRAZORIA § WHEREAS, under Deed dated June 13, 1991 (the '`June 13, 1991 Deed") and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas, CARMTE J. BROWN transferred to FLOYD N. BROWN, JR., AS I`KUS I'LE, certain real property located in Brazoria County, Texas; and WHEREAS, FLOYD N. BROWN, JR, AS TRUS I EE, desires to reconvey to CARM IF J. BROWN the real property interests formerly received by him from CAR Nefi F J. BROWN located in Brazoria County, Texas SAVE AND EXCEPT a 1.9282 acre tract and a 5.4830 acre tract located in Brazoria County, Texas that FLOYD N. BROWN, JR., Trustee, conveyed to ONA MAE WORDEN and husband, MYRON WORDEN under Warranty Deed dated May 28, 1991 and tiled of record under Clerk's file number 18502, Vol. 91920, Page 768 of the Official Records of Brazoria County, Texas. NOW, THEREFORE, for Ten Dollars (810.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, FLOYD N. BROWN, JR., AS 1 RUSTEE, (the "Grantor") has granted, assigned, sold and conveyed and by these presents does grant, assign, sell and convey to CARMV11F J. BROWN (the "Grantee") an undivided one-fourth (1/4) interest in the surface estate of the property in Brazoria County, Texas described in Exhibit "A" attached hereto for all purposes (the "Property"). To have and to hold the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee, the Grantee's heirs, legal representatives, successors and assigns forever; and Grantor does hereby bind himself and his heirs, legal representatives, successors and assigns to warrant and forever defend all and singular the Property unto the Grantee, their 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. This conveyance is made and accepted subject to any and all valid and existing easements, rights of way, prescriptive rights, licenses, leases, mechanic's and materialman's liens (both constitutional and statutory), and the rights of parties or tenants in possession; all presently recorded liens, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments and all other that affect the Property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of any municipal and/or governmental districts, agencies, and/or authorities. EXECUTED this day of C% - - , 2005. GRANTOR: PLOD N. BROWN, J ; f l'RUSTEE THE STATE OF TEXAS COUNTY OF BP AZORLA This i9strument w -- acknowledged before me by FLOY-D N. BROWN, JR, TRUS I LE on this the -91'-)day of LGA f-=` , 2005. KELLEY K4ENEK Notary Public STATE OF TEXAS ' a ; Comm. Exp. Jan. 2, 200$ j ADDRESS OF GRANTEE: Mr. Carmie J. Brown clo Ms. Joan Brown Stine 302 Spreading Oaks Friendswood, Texas 77546 After Recording Return To: Theresa M. Frierson Attorney at law 3555 Timmons Lane, Suite 1020 Houston, TX 77027 f/ r, Y P LIC, S ATE OF TEXAS S 1,(._ z Exhibit "A" Attached to Special IN arranty Deed from Floyd N. Brown, Jr., Trustee to Carmie J. Brown Certain real property located in Brazoria County, Texas and described under Deed dated June 13, 1991 and recorded under Clerk's File No, 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas. Doc# 201 00 1 0695 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTLALITY 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. STATE OF TEXAS COUNTY OF BRAZORLA, DATE: GRANTOR(S): Floyd N. Brown, Jr., Trustee § December 0 2009 GRANTOR'S ADDRESS: Floyd Brown, Jr. P.O. Box #53 Friendswood, Texas 77549 GRANTEE Floyd N. Brown, Jr., and Marjorie F. Brown, husband and wife GRANTEE'S ADDRESS: CONSIDERATION: Floyd Brown, Jr. P.O. Box #53 Friendswood, Teras 77549 The sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged. PROPERTY (including any improvements): An undivided one-fourth (1/4) interest in the surface estate of the real property consisting of approximately 42.581 acres, more or less, out of the Allison ---Richey Gulf Coast Home Co.'s Subdivision of Section 29 in Brazoria County, Texas, according to the plat or map thereof recorded under Plat Book No.2, Pg. 101 in the Brazoria County Plat Records, Texas, and as more particularly described by metes and bounds in Exhibit "A" attached hereto for all purposes (the "Property"). RECITALS: WHEREAS, under Deed dated June 13, 1991 (the "June 13, 1991 Deed") and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas, FLOYD N. BROWN, .IR. et al transferred to FLOYD N. BROWN, JR., AS TRUSTEE, certain real property located in Brazoria County, Texas; and 356 - 420540v1 011047/000001 WHEREAS, FLOYD N. BROWN, JR., AS TRUSTEE, desires to reconvey to Floyd N. Brown, Jr., and wife Marjorie F. Brown, the real property interests formerly received by him from FLOYD N. BROWN, JR, located in Brazoria County, Texas SAVE AND EXCEPT a 1.9282 acre tract and a 5.4830 acre tract located in Brazoria County, Texas that FLOYD N. BROWN, JR., Trustee, conveyed to ONA MAE WORDEN and husband, MYRON WORDEN, under Warranty Deed dated May 28, 1991 and filed of record under Clerk's file number 18502, Vol. 91920, Page 768 of the Official Records of Brazoria County, Texas. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of which is hereby acknowledged, FLOYD N. BROWN, JR., AS TRUSTF.F (the "Grantor"), has granted, assigned, sold and conveyed and by these presents does grant, assign, sell and convey to GRANTEE an undivided one-fourth (1/4) interest in the surface estate of the property in Brazoria County, Texas described in Exhibit "A" attached hereto for all purposes (the "Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance and the special warranty of title are made and accepted subject to the following matters, all without any warranty of any kind: (i) all matters of record; (ii) any and all rights and interest to any mineral leases or royalty interests of the mineral estate; (iii) all zoning laws, regulations, and ordinances of municipal or other governmental authorities, if any, but only to the extent same are valid and subsisting; and (iv) all real property taxes and special assessments affecting the Property for the year 2009 are hereby fully assumed by Grantee. Further, Grantee hereby assumes and accepts the Property subject to any change in use tax assessments or roll back taxes that cover the Property, which such additional taxes shall be the obligation of Grantee. Further, this conveyance is made and accepted subject to any and all valid and existing easements, rights-of-way, prescriptive rights, Licenses, leases, mechanic's and materialman's liens (both constitutional and statutory), and the rights of parties or tenants in possession; all presently recorded liens, restrictions; reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments and all other matters that affect the Property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of any municipal and/or governmental districts, agencies, and/or authorities. 356 - 420540v1 DII047 OO 1 2 SPECIAL WARRANTY GRANT: Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS AND CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations From and Exceptions to Conveyance and Warranty described above. DISCLAIMER: GRANTOR HEREBY EXPRESSLY DISCLAIMS AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED MAKING ANY REPRESENTATIONS, WARRANTIES, OR ASSURANCES WITH RESPECT TO THE PROPERTY SPECIFICALLY INCLUDING, BUT NOT LLMITED TO, REPRESENTATIONS, OR WARRANTIES AS TO MATTERS OF ZONING, TAX CONSEQUENCES, PHYSICAL CONDITION, OCCUPANCY, OPERATING HISTORY OR PROJECTIONS, VALUATIONS, GOVERNMENTAL APPROVALS OR GOVERNMENTAL REGULATIONS. GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY IT HAS RELIED UPON ITS OWN INSPECTIONS THEREOF OR ITS DETERMINATIONS NOT TO INSPECT THE SAME, AND HEREBY ACCEPTS THE PROPERTY IN ITS "AS IS, WHERE IS, AND WITH ALL FAULTS" CONDITION, AND WITHOUT REFERENCE TO MERCHANTABILTTY OR FITNESS FOR ANY SPECIFIC PURPOSE. Grantee acknowledges that Floyd N. Brown. Jr., as Trustee, is acting solely in his capacity as fiduciary under the trust, and shall not be personally liable for any obligation or liability under or related in any way to this Special Warranty Deed_ The signature of Floyd N. Brown, Jr., on this Special Warranty Deed is made solely in his capacity as Trustee and not otherwise. When the context requires, singular nouns and pronouns include the plural. EXECUTED this 1 g day of December, 2009. 356 - 42O54Ovt 01 l047(000041 3 GRANTOR: F7. ., BROWN `7R. TRUS'T'EE EL , THE STATE OF TEXAS COUNTY OF BRAZORLA This instrument was acknowledged before me by FLOYD N. BROWN, JR., TRUSTEE, on this the t 9 qday of , 2009. ADDRESS OF GRANTEE: Floyd Brown, Jr. P.O. Box #53 Friendswood, Texas 77549 After Recordine Return To: Jason L. Davis Crain, Caton & James, PC 1401 McKinney, 17Lh Floor Houston, Texas 77010-4035 356 -420544v1 131104710000 01 J 4 NOTARY PUBLIC, STATE OF TEXAS SEAL: sON , ... DAUj''% tP co r D t{ Exhibit "A" Attached to Special Warranty Deed from Floyd N. Brown, Jr., Trustee, to Floyd N. Brown and wife Marjorie F. Brown Certain real property Iocated in Brazoria County, Texas and described under Deed dated June 13, 1991 and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas and as more particularly described by the following metes and bounds description (see attached): 356 - 420S40v 1 011047J000001 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION 42.145 ACRES OUT OF SECTION 29 H.T. & B. RIC COMPANY SURVEY, ABS "1'1{ACT 292 PEARLAND, BRAZORIA COUNTY, TEXAS Alt that certain 42.145 acres out of Section 29, H.T & B. R.R_ Company Survey, Abstract 292, Peartand, Brazoria County, Texas and being the residue of that certain west one-half of 100 acre tract as described in a partition deed dated 04-26-1934 from Clayton D. Brown (undivided one-half interest) to Floyd N. Brown as filed in Volume 248, Page 111 Brazoria County Deed Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Beginning at a found 518" iron rod with cap (stamped C.L. DAVIS RPLS 4464) marking the southwest corner of Lot 1, Block 1, Warden Estates according to the plat thereof as filed in Volume 21, Page 335- 336 Brazoria County Plat Records; 1. Thence S 03° 14' 26" E with the most southerly east Iine of said Brown tract passing at 30.00' a found 5/8": iron rod masking a point on the occupied and monumented north right-of-way line of County Road 128 (Hastings Cannon Road) and continuing a total distance of 40.00' to a point for corner, 2, Thence S 86° 43' 10" W - 950.55' with the south line of said Brown tract to a point for comer; 3. Thence N 03° 10' 09" W, with the common west line of said Section 29 and the east line of Section 30,1-1.T. & B. R.R Co. Survey, Abstract 552 and the west line of said Brown tract, passing at 10.00' a set 518" iron red with cap (stamped C.L. DAVIS RPLS 4464) marking a point on the occupied and monumented north right-of-way line of said County Road 128 and continuing a total distance of 1,299.72' (deed -1,299.44') to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for corner; 4, Thence N 86° 43' 10" E 1,650.00' with the south line of Lots 6, 12 and 18 of Allison Richey Gulf Coast Home Company's Subdivision of Section 29 according to the plat thereof as filed in Plat Book No. 2, Page 101 Brazoria County Map Records to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for comer; 5. Thence S 03° 10' 09" E — 858.11' with the west line of that certain tract as described in a deed dated 03-21-1986 from Ona Mae Worden, et con. to Amoco Production Company as filed in Volume (86) 258, Page 319, Brazoria County Official Records to a found 5/8" iron rod for corner, 6. Thence S 86° 39' 02" W — 700.00' with the north line of said Block 1, Worden Estates to a found 5/8" iron rod for corner; 7. Thence S 03° 14' 26" E — 400.77' with the west line of said Lot 1, Block 1, Worden Estates to the POINT OF BEGINNING and containing a gross area of 42.145 acres, with 0.218 acre being within the occupied and monumented right-of-way of said County Road 128. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-66-2 - 42.145 ac M&B.doc 02-10-2010 11 56-2 - 42.145 at Mteiidoe Doc* 2010010695 Pages 6 43!13/2@11 2:0$1 Official Public Records of BRAZORIA COY JOYCE ICOR COUNTY CERIN Fees $36. �i Doc# 2010010694 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. STATE OF TEXAS COUNTY OF BRAZORIA DA I'E: GRANTOR(S): December 1 2009 Floyd N. Brown, Jr., Trustee GRANTOR'S ADDRESS: Floyd Brown, Ir. P.O. Box #53 Friendswood, Texas 77549 GRANTEE: Connie B. Brown, as Trustee of the Connie B. Brown Living Trust dated March 26, 1987, and restatement dated October 22, 2008 GRANTEE'S ADDRESS: Connie B. Brown 20510 S. Fairview Road Arlington, KS 67514-9778 CONSIDERATION: The sum of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged. PROPERTY (including any improvements): An undivided one-fourth (1/4) interest in the surface estate of the real property consisting of approximately 42.581 acres, more or less, out of the Allison —Richey Gulf Coast Home Co.'s Subdivision of Section 29 in Brazoria County, Texas, according to the plat or map thereof recorded under Plat Book No.2, Pg. 101 in the Brazoria County Plat Records, Texas, and as more particularly described by metes and bounds in Exhibit "A" attached hereto for all purposes (the "Property). RECITALS: WHEREAS, under Deed dated Tune 13, 1991 (the "June 13, 199I Deed") and recorded under Clerk's File No. 18501, VoI. 91920, Page 763, of the Official Records of Brazoria County, 356 - 420522vt 01t041CO3 I Texas, CONNIE B. BROWN et al transferred to FLOYD N. BROWN, JR., AS TRUSTEE, certain real property located in Brazoria County, Texas; and WHEREAS, FLOYD N. BROWN, JR., AS TRUSTEE, desires to reconvey to Connie B. Brown, as Trustee of the CONNIE B. BROWN LIVING TRUST the real property interests formerly received by him from CONNIE B. BROWN located in Brazoria County, Texas SAVE AND EXCEPT a 1.9282 acre tract and a 5.4830 acre Tract located in Brazoria County, Texas that FLOYD N. BROWN, JR., Trustee, conveyed to ONA MAE WORDEN and husband, MYRON WORDEN, under Warranty Deed dated May 28, 1991 and filed of record under Clerk's file number 18502, Vol. 91920, Page 768 of the Official Records of Brazoria County, Texas. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of which is hereby acknowledged, FLOYD N. BROWN, JR., AS TRUSTEE (the "Grantor"), has granted, assigned, sold and conveyed and by these presents does grant, assign, sell and convey to GRANTEE an undivided one-fourth (1/4) interest in the surface estate of the property in Brazoria County, Texas described in Exhibit "A" attached hereto for all purposes (the "Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY; This conveyance and the special warranty of title are made and accepted subject to the following matters, all without any warranty of any kind: (i) all matters of record; (ii) any and all rights and interest to any mineral leases or royalty interests of the mineral estate; (iii) all zoning laws, regulations, and ordinances of municipal or other governmental authorities, if any, but only to the extent same are valid and subsisting; and (iv) all real property taxes and special assessments affecting the Property for the year 2009 are hereby fully assumed by Grantee. Further, Grantee hereby assumes and accepts the Property subject to any change in use tax assessments or roll back taxes that cover the Property, which such additional taxes shall be the obligation of Grantee. Further, this conveyance is made and accepted subject to any and all valid and existing easements, rights-of-way, prescriptive rights, licenses, leases, mechanic's and materialman's liens (both constitutional and statutory), and the rights of parties or tenants in possession; all presently recorded liens, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments and all other matters that affect the Property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of 356 - 420522v1 311047/C(JC O1 2 the creation, establishment, raintertance, and operation of any municipal and/or governmental districts, agencica, and/or authorities. SPECIAL WARRANTY GRANT: Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and Warranty, GRANTS, SELLS AND CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigs to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations From and Exceptions to Conveyance and Warranty described above. DISCLA MER: GRANTOR HEREBY EXPRESSLY DISCLAIMS AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED MAKING ANY REPRESENTATIONS, WARRAN'rwS, OR ASSURANCES WITFI RESPECT TO THE PROPERTY SPECIFICALLY INCLUDING, BUT NOT LL'4IITED TO, REPRESENTATIONS, OR WARRANTIES AS TO MATTERS OF ZONING, TAX CONSEQUENCES, PHYSICAL CONDITION, OCCUPANCY, OPERATING HISTORY OR PROJECTIONS, VALUATIONS, GOVERNMENTAL APPROVALS OR GOVERNMENTAL REGULATIONS. GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY IT HAS RELIED UPON ITS OWN INSPECTIONS THEREOF OR ITS DETERMINATIONS NOT TO INSPECT THE SAME, AND HEREBY ACCEPTS THE PROPERTY IN ITS "AS IS, WHERE IS, AND W1'i'H ALL FAULTS" CONDITION, AND WITHOUT REFERENCE TO MERCHANTABILITY OR FITNESS FOR ANY SPECIFIC PURPOSE. Grantee acknowledges that Floyd N. Brown. Jr., as Trustee, is acting solely in his capacity as fiduciary under the trust, and shall not be personally liable for any obligation or liability under or related in any way to this Special Warranty Deed. The signature of Floyd N. Brown, Jr., on this Special Warranty Deed is made solely in his capacity as Trustee and not otherwise. 356-420522A 011047/00001 3 When the context requires, singular nouns and pronouns include the plural. EXECUTED this 1 « day of December, 2009. GRANTOR: FLOYD BROWN; JR., TRUSTEE THE STATE OF TEXAS COUNTY OF BRAZORLk This instrument was acknowledged before me by FLOYD N. BROWN, JR, TRUSTEE, an this the 1 IV= day of "I>ece..J c - , 2009. ADDRESS OF GRANTEE: Mr. Connie B. Brown 20510 S. Fairview Road Arlington, KS 67514-9778 After Recording Return To: Jason L. Davis Crain, Caton & James, PC 1401 McKinney, 17th Floor Houston, Texas 77010-4035 356 — 420522.4 011G47113GCCO 4 NOTARY PUBLIC, STATE OF '1`EXAS SEAL: Exhibit "A" Attached to Special Warranty Deed from Floyd N. Brown, Jr., Trustee, to Connie B. Brown Trust Certain real property located in Brazoria County, Texas and described under Deed dated June 13, 1991 and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas and as more particularly described by the following metes and bounds description (see attached): 356 - 420522v1 01104; %GC(X O 1 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION 42.145 ACRES OUT OF SECTION 29 H.T. & R RR. COMPANY SURVEY, ABSTRACT 292 PEARLAJND, BR.AZORIA COUNTY, TEXAS All that certain 42.145 acres out of Section 29, 1 -LT & B. R.R. Company Survey, Abstract 292, Pearlancl, Brazoria County, Texas and being the residue of that certain west one-half of 100 acre tract as described in a partition deed dated 04-21-1934 from Clayton D. Brown (undivided one-half interest) to Floyd N. Brown as filed in 'Voiunie 248, Page 111 Brazoria County Deed Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Beginning at a found 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) marking the southwest corner of Lot 1, Block 1, Worden Estates according to the plat thereof as filed in Volume 21, Page 335- 336 Brazoria County Plat Records; 1. Thence 5 03° 14' 26" E with the most southerly east line of said Brown tract passing at 30.00' a found 518" iron rod marking a point on the occupied and monumented north right-of-way line of County Road 128 (Hastings Cannon Road) and continuing a total distance of 40.00' to a point for corner; 2. Thence S 860 43' 10" W — 950.55' with the south line of said Brown tract to a point for corner; 3. Thence N 030 10' 09" W, with the common west line of said Section 29 and the east line of Section 30, H.T. & B. R.R. Co. Survey, Abstract 552 and the west line of said Brown tract, passing at 10.00' a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) marking a point on the occupied and monumented north right-of-way line of said County Road 128 and continuing a total distance of 1,299.72' (deed -1,299.44') to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for comer, 4. Thence N 86° 43' 10" E - 1,650.00' with the south line of Lots 6, 12 and 18 of Allison Richey Gulf Coast Horne Company's Subdivision of Section 29 according to the plat thereof as filed in Plat Book No. 2, Page 101 Brazoria County Map Records to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for corner; 5. Thence S 03° 10' 09" E — 858.11' with the west tine of that certain tract as described in a deed dated 03-21-1986 from Ona Mane Worden, et con. to Amoco Production Company as filed in Volume (86) 258, Page 314, Brazoria County Official Records to a found 5/8" iron rod for corner; 6. Thence S 86° 39' 02" W — 700.00' with the north line of said Block 1, Worden Estates to a found 5/8" iron rod for comer; 7. Thence S 03° 14' 26" E — 400.77' with the west line of said Lot 1, Block 1, Worden Estates to the POINT OF BEGINNING and containing a gross area of 42.145 acres, with 0.218 acre being within the occupied and monumented right-of-way of said County Road 128_ This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: 11-66-2 - 42.145 ac M&B.doc 02-10-2010 114i6-2 - 42.145 ac \4& 13. d oc Owl 2010010694 10694 Raes6 :3/19/218 2:12P$ Official Public Records of BRAZORIR COUNTY JOYCE ROMAN COUNTY CLERK Fees 136.0 ger ria°...,. JVD Doc# 201. 0010E93 SPECLkiL WARRANTY DEED NOTICE OF CONFIDENTL&LITY 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. STATE OF TEXAS COUNTY OF BRAZORIA DATE: GRANTOR(S): GRANTOR'S ADDRESS: GRANTEE GRANTEE'S ADDRESS: CONSIDERATION: December / 8 , 2009 Floyd N. Brown, Jr., Trustee Floyd Brown, Jr. P.O. Box #53 Friendswood, Texas 77549 Stanley D. Brown and Eloise B. Brown, as Trustees of the Stanley D. and Eloise B. Brown Revocable Trust dated November 17, 2009 Stanley D. Brown 9111 W21 St. N. #5 Wichita, KS 67205-1809 The stmt of $10.00 and other good and valuable consideration paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged. PROPERTY (including any improvements): An undivided. one-fourth (1/4) interest in the surface estate of the real property consisting of approximately 42.581 acres, more or less, out of the Allison—Richey Gulf Coast Home Co.'s Subdivision of Section 29 in Brazoria County, Texas, according to the plat or map thereof recorded under Plat Book No.2, Pg. 101 in the Brazoria County Plat Records, Texas, and as more particularly described by metes and bounds in Exhibit "A" attached hereto for all purposes (the "Property'). RECITALS: WHEREAS, under Deed dated June 13, 1991 (the "June 13. 1991 Deed") and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, 356 - 4205311/1 01E047i000001 Texas, STANT FY D. BROWN el al transferred to FLOYD N. BROWN, JR., AS TRUST h} , certain real property located in Brazoria County, Texas; and WHEREAS, FLOYD N. BROWN, JR., AS 'TRUSTEE, desires to reconvey to Stanley D. Brown and Eloise B. Brown, as trustees of the STANLEY D. AND ELOISE B. BROWN REVOCABLE TRUST the real property interests formerly received by him from STANLEY D. BROWN located in Brazoria County, Texas SAVE AND EXCEPT a 1.9282 acre tract and a 5.4830 acre tract located in Brazoria County, Texas that FLOYD N. BROWN, JR., Trustee, conveyed to ONA MAE WORDEN and husband, MYRON WORDEN, under Warranty Deed dated May 28, 1991 and filed of record under Clerk's file number 18502 Vol. 91920, Page 768 of the Official Records of Brazoria County, Texas. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of which is hereby acknowledged, FLOYD N. BROWN, JR., AS TRUSTEE (the "Grantor"), has granted, assigned, sold and conveyed and by these presents does grant, assign, sell and convey to GRANTEE an undivided one-fourth (1/4) interest in the surface estate of the property in Brazoria County, Texas described in Exhibit "A" attached hereto for all purposes (the "Property"). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 'This conveyance and the special warranty of title are made and accepted subject to the following matters, all without any warranty of any kind: (i) all matters of record; (ii) any and all rights and interest to any mineral leases or royalty interests of the mineral estate; (iii) all zoning laws, regulations, and ordinances of municipal or other governmental authorities, if any, but only to the extent same are valid and subsisting; and (iv) all real property taxes and special assessments affecting the Property for the year 2009 are hereby fully assumed by Grantee. Further, Grantee hereby assumes and accepts the Property subject to any change in use tax assessments or roll back taxes that cover the Property, which such additional taxes shall be the obligation of Grantee. Further, this conveyance is made and accepted subject to any and all valid and existing easements, rights-of-way, prescriptive rights, licenses, leases, mechanic's and materialman's liens (both constitutional and statutory), and the rights of parties or tenants in possession; all presently recorded liens, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments and all other matters that affect the Property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations, and other matters emanating from and existing by reason of 356 - 42©537v1 01 1047, I 2 the creation, establishment, maintenance, and operation of any municipal and/or governmental districts, agencies, and/or authorities. SPECIAL WARRANTY GRANT: Grantor, for the consideration and subject to the Reservations From and Exceptions to Conveyance and. Warranty, GRANTS, SELLS AND CONVEYS to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors or assigns forever_ Grantor binds Grantor and Grantor's heirs, executors, administrators, successors, and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations From and Exceptions to Conveyance and Warranty described above. DISCL ALMER: GRANTOR HEREBY EXPRESSLY DISCLAIMS AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED MAKING ANY REPRESENTATIONS, WARRANTIES, OR ASSURANCES WITH RESPECT TO THE PROPERTY SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, OR WARRANTIES AS TO MATTERS OF ZONING, TAX CONSEQUENCES, PHYSICAL CONDITION, OCCUPANCY, OPERATING HISTORY OR PROJECTIONS, VALUATIONS, GOVERNMENTAL APPROVALS OR GOVERNMENTAL REGULATIONS. GRANTEE AGREES THAT WITH RESPECT TO THE PROPERTY IT HAS RELIED UPON ITS OWN INSPECTIONS THEREOF OR ITS DETERMINATIONS NOT TO INSPECT THE SAME, AND HEREBY ACCEPTS THE PROPERTY IN ITS "AS IS, WHERE IS, AND WITH ALL FAULTS" CONDITION, AND WITHOUT REFERENCE TO MERCHANTABILITY OR FITNESS FOR ANY SPECIFIC PURPOSE. Grantee acknowledges that Floyd N. Brown. Jr., as Trustee, is acting solely in his capacity as fiduciary under the trust, and shall not be personally liable for any obligation or liability under or related in any way to this Special Warranty Deed. The signature of Floyd N. Brown, Jr., on this Special Warranty Deed is made solely in his capacity as Trustee and not otherwise. 356 - 420537v1 011047/00 i 3 When the context requires, singular nouns and pronouns include the plural. EXECUTED this / 7 day of December, 2009. GRANTOR: 7-x.01 , .... FLOYD N. BROWN,IR., TRUSTEE THE STATE OF TEXAS COUNTY OF BRAZOR1A This insument was acknowledged before me by FLOYD N. BROWN, JR., TRUSTEE, on this the L 9 day of , 2009. ADDRESS OF GRANTEE: Stanley D. Brown 9111 W21 St. N. #5 Wichita, KS 67205-1809 After tlecordinL Retort To: Jason L. Davis Crain, Caton & James, PC 1401 M cKinney, 17th Floor Houston, Texas 77010-4035 356-420537v1 011047/1XC001 4 rte --t -%- NOTARY PUBLIC, STATE OF TEXAS SEAL: O.0tuiiitttf,,,, �? ' Exhibit "A" Attached to Special Warranty Deed from Floyd N. Brown, Jr., Trustee, to Stanley D. and Eloise B. Brown Revocable Trust Certain real property located in Brazoria County, Texas and described under Deed dated June 13, 1991 and recorded under Clerk's File No. 18501, Vol. 91920, Page 763, of the Official Records of Brazoria County, Texas and as more particularly described by the following metes and bounds description (see attached): 356 - 420537v1 01104'710,00001 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION 42.145 ACRES OUT OF SECTION 29 H.T. & 11 R.R. COMPANY SURVEY, ABSTRACT 292 PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 42.145 acres out of Section 29, FIT & B. R.R. Company Survey, Abstract 292, Pearland, Brazoria County, Texas and being the residue of that certain west one-half of 100 acre tract as described in a partition deed dated 04-26-1934 from Clayton D. Brown (undivided one-half interest) to Floyd N_ Brown as filed in Volume 248, Page 111 Brazoria County Deed Records and being more particularly described by metes and bounds as follows (bearings based on Texas Coordinate System of 1983, South Central Zone); Beginning' at a founds SI8" iron —! -(4 with cap (stamped C.L. DAVIS RPLS 4464) marking the southwest corner of Lot 1, Block 1, Worden Estates according to the plat thereof as filed in Volume 21, Page 335- 336 Brazoria County Plat Records; 1. Thence S 03° 14' 26" E with the most southerly east line of said Brown tract passing at 30,00' a found 518" iron rod marking a point on the occupied and monumented north right-of-way line of County Road 128 (Hastings Cannon Road) and continuing a total distance of 40.00' to a point for comer; 2. Thence S 86° 43' 10" W — 950.55' with the south line of said Brown tract to a point for corner; 3. Thence N 03° 10' 09" W, with the common west line of said Section 29 and the east line of Section 30, H.T. & B. R.R. Co. Survey, Abstract 552 and the west line of said Brown tract, passing at 10.00' a set 518" iron rod with cap (stamped C.L. DAVIS RPLS 4464) marking a point on the occupied and monumented north right-of-way line of said County Road 128 and continuing a total distance of 1,299.72' (deed -1,299.44') to a set 5/8" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for comer, 4. Thence N 86° 43' 10" E — 1,650.00' with the south line of Lots 6, 12 and 18 of Allison Richey Gulf Coast Home Company's Subdivision of Section 29 according to the plat thereof as filed in Plat Book No. 2, Page 101 Brazoria County flap Records to a set 518" iron rod with cap (stamped C.L. DAVIS RPLS 4464) for comer; 5. Thence S 03° 10' 09" E — 858.11' with the west line of that certain tract as described in a deed dated 03-21-1986 from Ona Mac Worden, et con. to Amoco Production Company as filed in Volume (86) 258, Page 319, Brazoria County Official Records to a found 5/8" iron rod for corner; 6. 'Thence S 86° 39' 02" W — 700.00' with the north line of said Block 1, Worden Estates to a found 5/8" iron rod for corner; 7. Thence S 03° 14' 26" E — 400.77' with the wast line of said Lot 1, Block 1, Worden Estates to the POINT OF BEGINNING and containing a gross area of 42.145 acres, with 0.218 acre being within the occupied and monumented right-of-way of said County Road 128. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices' Section 663.1 9(9). Compiled by: C.L. Davis & Company Joh Number: 11-66-2 - 42.145 ac M&B.doc 02-10-2010 11-66-2 -42.145 ac M&B.Jioc Doc# 2010010E93 iPages 6 03/19/21310 2:12PPI Official Public Records of BRAZQRIA COUNTY JOYCE KJDAN CLARITY CLERK Fees 136.00 gitar er4r STATUTORY DUIIABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED ' BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED •MT TEE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER. HEALTH-CARE' DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I, CARMIE J. BROWN, a resident of Harris County, Texas, appoint niy daughters, JOAN DENISE BROWN STINE and SHELLY JANETTE BROWN HAHN, acting jointly, or the survivor alone, as niy agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below. TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD. Real property transactions; Tangible personal.property transactions; Stock and bond transactions; Commodity and option transactions; Banking and other financial institution transactions; Business operating transactions; Insurance and annuity transactions; Estate, trust, and other beneficiary transactions; Claims and litigation; Personal and family maintenance; Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service; Retirement plan transactions; Tax matters. IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT. SPECIAL INSTRUCTIONS: MY ATTORNEY-IN-FACT SHALL HAVE THE FOLLOWING ADDITIONAL POWERS: 1. Revocation. Recording a Revocation of this durable power of attorney in the real property records of the county of my residence shall constitute actual notice of the revocation, provided that any third party dealing with my agent shall be protected in relying on this power of attorney without any search of such real property records if my agent executes and delivers to such third party an affidavit that this power of attorney on the date of such affidavit has not been revoked and is in full force and effect. 2. Enforcement of Power of Attorney. My agent shall have the power and authority to institute any legal, administrative or other proceeding deemed necessary by my agent (i) to enforce the acceptance of this power of attorney by a third party, or (ii) for damages and all expenses and costs (including reasonable attorneys' fees) resulting from a third party's failure to timely accept this power of attorney. 1 3. Homestead. The powers relating to real property transactions granted by this power of attorney shall apply to and include my residence homestead. My current residence is in Houston, Harris County, Texas. 4. Gifts. My agent may niake gifts of my property, outright or in trust, on my behalf, to or for the benefit of (i) organizations gifts to which are deductible under the Internal Revenue Code and in which I have previously demonstrated an interest; and (ii) any of my lineal descendants and their spouses (including my agent); provided that, any gifts to any individual shall not exceed the annual exclusion from the federal gift tax for the calendar year of the gifts. In addition, any gifts to my agent shall not exceed the maximum amount with respect to which a power of appointment may lapse without causing the lapse to be a release of such power of appointment for purposes of Sections 2041 and 2514 of the Internal Revenue Code of 1986, as amended from time to time, or any then applicable amendment or successor statute, which for 2004 is the greater of $5,000.00 or 5% of the value of the assets subject to this power of attorney. 5. Jointly Owned Property. My agent may join in any act or instrument affecting property in which my agent may have an interest. 6. Applicability to Property. The powers granted in this instrument shall apply to my separate property, nay sole management community property, my interest in the joint management community property of my spouse and me, and my interest in the sole management community property of my spouse. UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A) This power of attorney is not affected by my subsequent disability or incapacity. (B) This power of attorney becomes effective upon my disability or incapacity. YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. If neither (A) nor (B) is crossed out, it will be assumed that you chose alternative (A). If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing flay financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity. I agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. I have been provided with a copy of the applicable provisions of the Texas Probate Code construing the powers covered in this instrument, and I have read and understand the information provided in such provisions. 2 Signed this 1 D day of I 0 'I LE---11n•-q. , 2004. THF. ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. THE STATE OF TEXAS COUNTY OF HARRIS § T1s docunnent was acknowledged before nue on this 3+7 day of )7464411-140—, 2004, by CARMIE J. BROWN. A.4244.4) -- NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS THERESA FRIERSON NOTARY PUBLIC STATE OF TEXAS My lco Expires AUGUST12 2005 4 3