Loading...
HomeMy WebLinkAboutCity Hall - Warranty Deed - H.K. & Esther Speck Foundation - 910 S FRIENDSWOOD DR SS- 4 to O 3 kerurJl4-v.-0 fr IPrepare( the State Bar of Texas for use by lawyers onl viewed 1-1-76. Revised to include grantee's address (art. 6626, R(s) 1-1-82. 855 2524 004-32- 56. .J 0 WARRANTY DEED THE STATE OF TEXAS - JVED CITY SECRETARY KNOW ALL MEN BY THESE PRESENT,S1 6 1986 COUNTY OF GALVESTON JAB! t s: CITY OF FRIENDSWOOD That H . K. & ESTHER SPECK FOUNDATION of the Countyof and State of for and in Galveston Texas consideration of the sum of ten and no/ 10 0 - - ( $ 10 . 00) DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto THE CITY OF FRIENDSWOOD , TEXAS , of the County of Galveston and State of Texas , , all of the following described real property in G a l v e s t on County, Texas, to-wit: See Exhibit "A" , attached hereto and incorporated herein for all purposes . TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee , i t s heirs and assigns forever; and we do hereby bind our se lv e s , our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , i t s heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to one ( 1 ) certain Oil , Gas and Mineral Lease granted to J . T . Mackey in instrument recorded in Volume 932 , Page 663 of the records of the County Clerk of Galveston County, Texas , and all terms , conditions and stipulations contained therein, and to the Zoning Ordinances of the City of Friendswood , Texas , to the extent , and only to the extent said Lease and Zoning Ordinances affect the subject property hereby conveyed . 1- - � � (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 3 day of , 19 4 j, by H . K. SPECK and ESTHER SPECK, fo th H . K. & ESTHER SPECK FO DATION . Notary Public, State of Texas Notary's name (printed): Notary's commis�expires: •3 n R�ONICA LOVELAND (Acknowledgment) Notary Putrllc State of Texas_ My Commission Expires STATE OF TEXAS COUNTY OF Jr This instrument was acknowledged before me on the day of , 19 by Notary Public, State of Texas Notary's name(printed): Notary's commission expires: (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 19 by of a corporation, on behalf of said corporation. Notary Public, State of Texas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF FRIENDSWOOD JAMES W. WOLTZ 109 Willowick 102 N. Friendswood Dr . , Suite 210 Friendswood , Texas 77546 Friendswood , Texas 77546 1 AlikAeL • • 1 � T ► . I EXHI IT "A" 004-32-0562 3.8393 acres being a part of 11.4003 acres of land out of Lots 15 and 16, Block 5, Friendswood Subdivision as recorded in Volume 238, page 14 and Volume 254, page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Galveston County, Texas. 11.4003 acres of land from Thomas Montgomery, Trustee, to Ralph L. Lowe as recorded in Film Code 002-72-2285 in the Galveston County Deed Records dated December 23, 1983. The 3.8393 acres are more particularly described by metes and bounds as follows: COMMENCING from the North corner (5/8-inch iron rod) of said 11.4003 acre tract being the intersection of the Southeast R.O.W. line of Castlewood Drive (60 feet) and the Southwest R.O.W. line of Friendswood Drive (100 feet) ; THENCE, South 45 degrees 00 minutes 00 seconds East, along said Southwest R.O.W. line of Friendswood Drive, a distance of 240.00 feet to a 1/2 inch iron rod being the POINT OF BEGINNING; THENCE, •South 45 degrees 00 minutes 00 second East, a distance of 326.00 feet to a point for corner; said corner being on the Southwest R.O.W. line of Friendswood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 396.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340.00 feet to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to the POINT OF BEGINNING; CONTAINING 167,240.00 square feet (3.8393 acres) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed Castlewood Park Subdivision. gyp , '; �.r`" USUFETITLE COMPA�tY OF GALV1 • ESTOK �, 60171;EMONT, SUITE 30 D�C � '� T ��! `�5 GALVESTON,TEXAS 7755Q STATE OF TOMS OOuffmY OF fJIl1ESII� I hereby certify that this insinuated was 11160 0 tlr date and time stamped hereon by me and was defy WPM in the Official Public Recoils d Red Pis sdy of QUatis A...... Tr.c r 1 I. i Z Mailing addrgss of each grantee: Name: City of Friendswood Name: Address: 109 Willowick Address: Friendswood , Texas 77546 (Acknowledgment) STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 3 day of -.Alt_ , 19 (I- by H. K. SPECK and ESTHER SPECK, fo •th H . K. & ESTHER SPECK FO DATION. Notary Public, State of Texas Notary's name (printed): Notary's commiss' Ppires: ex��C MONICA LOVELAND (Acknowledgment) ' `.y Notary Public State of Texas sT."�rEO'��k' MY Commission Expires��- STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 19 by Notary Public, State of Texa s Notary's name (printed): Notary's commission expires: (Corporate Acknowledgment) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 19 by of a corporation, on behalf of said corporation. Notary Public, State of Texas Notary's name (printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF FRIENDSWOOD JAMES W. WOLTZ 109 Willowick 102 N. Friendswood Dr . , Suite 210 Friendswood , Texas 77546 Friendswood , Texas 77546 ,r EXHIBIT "A" 3.8393 acres being a part of 11.4003 acres of land out of Lots 15 and 16, • Block 5, Friendswood Subdivision as recorded in Volume 238, page 14 and Volume 254, page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Galveston County, Texas. 11.4003 acres of land from Thomas Montgomery, Trustee, to Ralph L. Lowe as recorded in Film Code 002-72-2285 in the Galveston County Deed Records dated December 23, 1983. The 3.8393 acres are more particularly described by metes and bounds as follows: COMMENCING from the North corner (5/8-inch iron rod) of said 11.4003 acre tract being the intersection of the Southeast R.O.W. line of Castlewood Drive (60 feet) and the Southwest R.O.W. line of Friendswood Drive (100 feet); THENCE, South 45 degrees 00 minutes 00 seconds East, along said Southwest R.O.W. line of Friendswood Drive, a distance of 240.00 feet to a 1/2 inch iron rod being the POINT OF BEGINNING; THENCE, .South 45 degrees 00 minutes 00 second East, a distance of 326.00 feet to a point for corner; said corner being on the Southwest R.O.W. line of Friendswood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 396.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340.00 feet to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to the POINT OF BEGINNING; CONTAINING 167,240.00 square feet (3.8393 acres) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed Castlewood Park Subdivision. WAIVER OF INSPECTION ___ ,_ _ Friendsw ood, Texas City State USLIFE Title Insurance Company Gentlemen: In consideration of the issuance to the undersignedof your Policy Serial No. for $ 296,712.64 guaranteeing that title to See attached • as described in deed of even date herewith from H. K. & Esther Speck Foundation to the undersigned is good in the undersigned subject to the terms of such policy, We hereby waive inspection by you of such property and accept your policy subject to rights of parties in possession, and those under whom they hold, and to any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record, if any such parties are now in possession of,or if any such roadway or easement affects the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possession thereof from the present occupants. Very truly yours, • E. I. TARIN & COMPANY • REAL ESTATE APPRAISERS • CONSULTANTS 613 - 7TH AVENUE NORTH (P. O. DRAWER 1690) TEXAS CITY. TEXAS 77592 — 1690 TEL. (409) 945 - 3384 • (713) 332 - 1511 • 332 - 1744 • 486 - 5566 7-: September 30, 1985 Mr . Ralph Lowe P . 0 . Box 226 Friendswood , Texas 77546 Re : A Brief and Limited Real Estate Appraisal on 3.8393 acres located on FM 518, Friendswood, Texas . Dear Mr. Lowe : As you requested, we have made an appraisal report on the above referenced property. The property is briefly, legally described as : 3.8393 acres out of Lot 15, Block 5, Friendswood Subdivision, Friendswood , Galveston County, Texas. The value sought here is Market Value, which may defined as : "The most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraisal property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently , knowledgeably, and for self- interest, and assuming that neither is under undue duress. " VIRas)u• E.I.TARIN,M.A.I. r. Mr. Ralph Lowe • September 30, 1985 Page 2 It is our opinion that the subject property has an estimated market value, as of September 24, 1985, of : FIVE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ( $585, 000 ) This is based on an overa l I area of 167, 239.91 square feet at $3.50 per square foot. Your attention is invited to the accompanying report which in part forms the basis for this conclusion . This is a Brief and Limited Real Estate Appraisal and is not to be construed as a complete Real Estate Appraisal , this was done at the request of the principle of this report. A complete narrative Real Estate Appraisal is available upon request. The Assumptions and Limiting Conditions included in this report are considered to be a part of this appraisal . This appraisal is made in conformity with the standards and practices of the American Institute of Real Estate Appraisers. Respectfully sub itted, c: 0, G� E . I . TARIN, MAI • DONALD W. ROBERTS & ASSOCIATES, INC. CONSULTING ENGINEERS/SURVEYORS P. 0. BOX 58247 HOUSTON, TEXAS 77258 PHONE: 713/482-8485 • JOB NUMBER 74-01 RALPH L. LOWE 3 . 8393 ACRES OF LAND 3 . 8393 ACRES BEING A PART OF 11 . 4003 ACRES OF LAND OUT OF LOTS 15 AND 16 , BLOCK 5 , FRIENDSWOOD SUBDIVISION AS RECORDED IN VOLUME 238 , PAGE 14 AND VOLUME 254 , PAGE 37 OF THE GALVESTON COUNTY' DEED RECORDS, IN THE SARAH MCKISSICK OR J. R. WILLIAMS LEAGUE IN GALVESTON COUNTY, TEXAS. 11 . 4003 ACRES OF LAND FROM THOMAS MONTGOMERY, TRUSTEE, TO RALPH L. LOWE AS RECORDED IN FILM CODE 002-72-2285 IN THE GALVESTON COUNTY DEED RECORDS DATED DECEMBER 23 , 1983 . THE 3 . 8393 ACRES ARE MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS : COMMENCING from the north corner ( 5/8-inch iron rod) of said 11 . 4003-acre tract being the intersection of the southeast R.O.W. line of Castlewood Drive ( 60 feet) and the southwest R.O.W. line of Friendswood Drive ( 100 feet) ; THENCE, South 45 degrees 00 minutes 00 seconds East, along said southwest R.O.W. line of Friendswood Drive, a distance of 240 . 00 feet to a 1/2-inch iron rod being the POINT OF BEGINNING; THENCE, SOUTH 45 degrees 00 minutes 00 seconds East, a distance of 326 . 00 feet to a point for corner ; said corner being on the southwest R.O.W. line of Friendwood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440 . 00 feet to a point for corner ; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 396 . 00 feet to a point for corner ; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340 . 00 feet to a point for corner ; THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70 .00 feet to a point for corner ; 1 • w� DONALD W. ROBERTS & ASSOCIATES, INC. JOB NUMBER 74-01 RALPH L. LOWE 3 .8393 ACRES OF LAND THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100. 00 feet to the POINT OF BEGINNING; • CONTAINING 167,240 .00 square feet ( 3 .8393 acres ) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed 9p d Castlewood Park Subdivision. September 17, 1985 Donald W. Roberts . R.P.S. Texas Registration No. 2191 2 . 4 8 3 vt :f MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL October 3 , 1983 A Regular Meeting of the Friendswood City Council was held on Monday, October 3 , 1983 , at 7 : 00 p.m. in the Friendswood City Hall, with the following members present : t Mayor Ralph Lowe City Manager Jim Morgan Councilmen: Evelyn Newman City Secretary Bobbie Henry Jan Jordan • Leon Brown Paul Schrader Bruce Branham Bob Wicklander With a quorum present , and with no one absent , the following '4 business was transacted: 1 INVOCATION was given by Rev. Larry Sykora, United Methodist Church. • 4 APPROVAL OF MINUTES - Minutes of a Special Meeting of August 8 , 1 and. a Special Meeting of September 19 , approved as corrected. ANNOUNCEMENTS 6 COMMUNICATIONS FROM THE MAYOR • •x 1. Friendswood at this time does not need the sewer #° plant from Wedgewood. • '"M"'"1 2. In a meeting on September 9 with the New Life Church d . people , Councilman Jordan and the Mayor reached a tentative agreement with them whereby the Church will 7 pay the City $13 , 000 for their half of the section of Winding Way to be abandoned. Ray Utley will receive the fsc $13 , 000 and the other 30 feet in exchange for his donation ' of right-of-way for Whispering Pines . . A 10 foot strip y. , : ( 5 feet off each side ) down the center of the roadway is to be reserved as a drainage easement . All parties , including Mr. Utley, are in agreement with this plan. . The Montgomery/Lowe property exchange has hit a snag. A pipe- line crossing the planned roadway on the land Mr. Montgomery is receiving is too shallow to build a street over it . Mayor Lowe said the pipeline will either have to be lowered or a new roadway will have to be provided. • 4. The Texas Department of Water Resources grantproblems have h e been ironed out; however, the contract will have to be rewritten and will be resubmitted to the City for signature . Mayor Lowe says he believes the TDWR will also grant some funds for the new proposed Clear Creek project . 5 . Councilman Jordan has written minutes for the Clear Creek meeting in League City last Tuesday , and copies have been distributed to Council . 6. Councilman Newman reported that another meeting with the v. Offenhausers appears to have cleared the way for the necessary right-of-way . RESOLUTION R30-83 ENDORSING DISASTER PREPAREDNESS DRILL • MOTION: (Wicklander) To adopt Resolution R30-83. i MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL July 18 , 1983 A Special Meeting of the Friendswood City Council was City Hall on Monday, held at the as members present: July 18 , 1983 , at 7 : 00 p.m. with the followin Ili1 Mayor Ralph Lowe Councilmen : Bruce Branham City Manager Jim Morgan il Jan Jordan City Secretary Bobbie Henry li Paul Schrader Evelyn Newman 1444 Bob Wicklander Leon Brown With a quorum present, and with none absent , the following was transacted:" , business PETITIONS E COMMUNICATIONS tt l 1: Morris Womack, speaking regarding Development Corporation , cautionedt Council ntthatod nolonesshoual ld 1. 'i be allowed to request an is serving on the Board. y service from the Corporation who Mayor Lowe announced that the State ID Board has ruled that land to be developed under this program will in the future . designated as "development" rather than "blighted" areas . be 2. Ray Hilburn proposed to Council a service his company can furnish A •6. w in lieu of the Galveston County Forensic Laboratory. He was directed to discuss this with the City Manager and Police Chief. imp ii 3. Alex Gikalov has been refused a building permit for a lot of record on a private street , Mills Road, unless he brings the street up to city specifications . He asked for clarification of this decision. Council indicated that they could not support the refusal , did explain to Mr. Gikalv that the City will not maintain the private road, nor will garbage trucks drive down the road to service houses oh it, and that he will have to make arrangemens for his utilities . They roposed be brought individually toCouncil tfor consideration hat in the future such requests .4. Mike McIntosh, speaking for Verbie Cohen w display company and has a warehouse ho owns a fireworks J limits , asked permission to fireworkscontinue tot store ltheir ei at this location. Council suggested rs . Cohen 's Mr. Calvert , discuss this mattterwitthtAttorney. the City attorney, 5. Mitch Mitchell reported to Council that he has resigned position. as Chairman of the Industrial Development Board. He also asked that a public hearing be called to hear a r he is making for "development" designation of a 2-acre e ploto t on FM 528 . e r TELEPHONE COMPANY RATE INCREASE - Mr. Join TML as representati e-tea numberMofgcitan ies , sin protesed the ting to rate increase . P s tino the MOTION: (Schrader) To join the TML group in opposing the increase econd: Wicklander Vote: Unanimous FOR yI • i REPAIRS TO FIRE STATION #1 - Ken Camp outlined several items which , he stated , :F 1// i11,/i/'1 1 '/ 111 I tor ', ) i 1 1' ri i1 ) t.; 1; 1,111 , '/ I'r I t; � 1 lit, 1 11 I ly J u 11111{ Irl I I tr I' Wilt{ it Irrl l'I rrl I Ili' I 1 I'ir Ilil lll'l)!,t, Mid 1'lilirl I (' 11�1 I:Irll r Thu (. I l y Ilctllc* ttt' Wrlti I it14I I'lll' I i,rl 111 )I,r+ I 111JI,tt I,Ilcll' N I it I II{1 (' y lilI I Ilt_It+r' cllld C'U1I 11'.Ic' t ()I. I 'fill I llt, I I ( Ilct c'c111 ( 1'.t+' t tl I cl c ( it (• cover any of the electrical 1 (c'ms mentioned. .\J. . it w.1:+ o`.:_ that the roof sho::_d be repaired before final payment is 111.;.t to the contractor. COUNSELING SERVICE - Approximately 25 people , with Jim Woltz as spokessman , urged Council to reinstate $30 ,000 in the proposed budget to continue the contract with Interact Counseling Service MOTION: (Schrader) To include $30 , 000 in the proposed budget this year for counseling service . Second: Newman • Vote : Unanimous FOR MOTION CARRIED ONTGOMERY/LOWE PROPERTY EXCHANGE - A letter to Mr. Montgomery committing what the City will do on his behalf, was read by the Mayor Pro-tem, i. e . ( 1) The land will remain zoned as R-4 ; (2) ( will extend water and sewer to the property ; and ( 3) a variance will be given to allow a 10-foot set-back on the pipeline rather than the required 40-feet. MOTION: (Schrader) To approve the letter as written. (Onewc had been inserted during discussion) Second: (Jordan) Vote : FOR (6 ) Schrader , Jordan , Brown , Wicklander, Newman, Branham ABSTAINING : Lowe MOTION CARRIED MISCELLANEOUS SUBJECTS 1. Discussion on displaying the city flag and official adoptior:[ Proposal that Carl Murray design a "Key to the City. " t . 2 . Newman proposed that the City require construction people put up a bond to take care of damage done by their trucks tc streets in new subdivisions . 3 . Lowe explained two exceptions in annexation which prohibits the dissolution of the Clear Creek Drainage District. 4. Wicklander, who was absent last week, stated that he is in - favor of annexing Clear Woods Improvement District. CHECKS FOR APPROVAL - By unanimous vote , the following checks wel approved for payment : General Fund #1991 - Texas New Mexico Power $ 6 , 010. 27 2006 - C 6 J Systems Design 1 , 000 . 00 t 2010 - Coenco , Inc . 6 ,031. 00 Water 6 Sewer Fund #1077 - Gulf Coast Waste Dispos . 20 , 562 . 72 1079 - Texas New Mexico Power 2 ,091. 31 L. Debt Service #1629 - American Natl. Bank 31 , 375 . 00 ` s'. Capital Projects #1163 - Coenco, Inc . 2 , 820 . 75 :, ADJOURNMENT - Motion made and seconded that the meeting ad-inurn. 211 Parkwood Suite 100 Friendswood Texas 775- - 713 482 9398 'a:LIFE TITLE Company of Galveston County January 3, 1986 City of Friendswood P.O. Box 31 Friendswood, Texas 77546 Attn: Jim Morgan RE: Gil 85-. 4603 Dear Mr. Morgan, In connection with the transaction recently handled by us for you, we are pleased to enclose your Owner's Title Policy. Your deed has been filed for record with the County Clerk of Galveston County, Texas, and will be mailed to you under separate cover. A permanent file has been set up on your property, and therefore, we are in a position to render you excellent service in future transactions. In the event you desire to sell or mortgage your property, contact us immediately, along with the realtor of your choice, and we will gladly handle your title insurance requirements. If taxes for the current year were not paid at the time of your transaction closing, you should pay than at the end of the year. Also, you should assess the property in your name at each separate taxing agency when the rolls are opened for that purpose. We assure you of our appreciation of this business, which we hope has been handled in a satisfactory manner. We look forward to Serving you again in the future. Very truly yours, r, Monica Loveland Escrow Officer Enclosure ' 1 • 1 i 1 • . • •�1 EXHIBIT "A" � •) r , 3.8393 acres being a part of 11.4003 acres of land out of Lots 15 and 16, Block 5, Friendswood Subdivision as recorded in Volume 238, page 14 and Volume 254. page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Galveston County, Texas. 11.4003 acres of land from Thomas Montgomery, Trustee, to Ralph L. Lowe as recorded in Film Code 002-72-2285 in the Galveston County Deed Records dated December 23. 1983. The 3.8393 acres are more particularly described by metes and bounds as follows: COMMENCING from the North corner (5/8-inch iron rod) of said 11.4003 acre tract being the intersection of the Southeast R.O.W. line of Castlewood Drive (60 feet) and the Southwest R.O.W. line of Friendswood Drive (100 feet) ; THENCE. South 45 degrees 00 minutes 00 seconds East, along said Southwest R.O.W. line of Friendswood Drive, a distance of 240.00 feet to a 1/2 inch iron rod being the POINT OF BEGINNING; THENCE, 'South 45 degrees 00 minutes 00 second East, a distance of 326.00 feet to a point for corner; said corner being on the Southwest R.O.W. line of Friendswood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West. a distance of 396.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340.00 feet to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to the POINT OF BEGINNING; CONTAINING 167,240.00 square feet (3.8393 acres) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed Castlewood Park Subdivision. --- EXHI�IT "A" j j tV 1 3.8393 acres being a part of 11.4003 acres of land out of Lots 15 and 16. Block 5. Friendswood Subdivision as recorded in Volume 238, page 14 and Volume 254, page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Calveston County. Texas. 11.4003 acres of land from Thomas Montgomery. Trustee, to Ralph L. Lowe as recorded in Film Code 002-72-2285 in the Galveston County Deed Records dated December 23, 1983. The 3.8393 acres are more particularly described by metes and bounds as follows: COMMENCING from the North corner (5/8-inch iron rod) of said 11.4003 acre tract being the intersection of the Southeast R.O.W. line of Castlewood Drive (60 feet) and the Southwest R.O.W. line of Friendswood Drive (100 feet); THENCE, South 45 degrees 00 minutes 00 seconds East, along said Southwest R.O.W. line of Friendswood Drive, a distance of 240.00 feet to a 1/2 inch iron rod being the POINT OF BEGINNING; THENCE, South 45 degrees 00 minutes 00 second East, a distance of 326.00 feet to a point for corner; said corner being on the Southwest R.O.W. line of Friendswood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West. a distance of 396.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340.00 ; feet to a point for corner, THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to the POINT OF BEGINNING; CONTAINING 167.240.00 square feet (3.8393 acres) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed Castlewood Park Subdivision. . .. 6 r WAIVER OF INSPECTION _ Friendswood, Texas City State USLIFE Title Insurance Company. Gentlemen: In consideration of the issuance to the undersigned of your Policy Serial No. for $ 296,712.64 guaranteeing that title to See attached • as described in deed of even date herewith from H. K. & Esther Speck Foundation to the undersigned is good in the undersigned subject to the terms of such policy, We hereby waive inspection by you of such property and accept your policy subject to rights of parties in possession, and those under whom they hold, and to any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record, if any such parties are now in possession of,or if any such roadway or easement affects the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possession thereof from the present occupants. Very truly yours, '.i I EXHIBIT "A" • 4.. .' 3.8393 acres being a part of 11.4003 acres of land out of Lots 15 and 16, Block 5, Friendswood Subdivision as recorded in Volume 238, page 14 and Volume 254, page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Galveston County. Texas. 11.4003 acres of land from Thomas Montgomery, Trustee, to Ralph L. Lowe as recorded in Film Code 002-72-2285 in the Galveston County Deed Records dated December 23, 1983. The 3.8393 acres are more particularly described by metes and bounds as follows: COMMENCING from the North corner (5/8-inch iron rod) of said 11.4003 acre tract being the intersection of the Southeast R.O.W. line of Castlewood Drive (60 feet) and the Southwest R.O.W. line of Friendswood Drive (100 feet); THENCE. South 45 degrees 00 minutes 00 seconds East, along said Southwest R.O.W. line of Friendswood Drive, a distance of 240.00 feet to a 1/2 inch iron rod being the POINT OF BEGINNING; THENCE, .South 45 degrees 00 minutes 00 second East, a distance of 326.00 feet to a point for corner; said corner being on the Southwest R.O.W. line of Friendswood Drive; THENCE, South 45 degrees 00 minutes 00 seconds West, a distance of 440.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 396.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds East, a distance of 340.00 feet to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds East, a distance of 70.00 feet to a point for corner; THENCE, North 45 degrees 00 minutes 00 seconds West, a distance of 100.00 feet to the POINT OF BEGINNING; CONTAINING 167,240.00 square feet (3.8393 acres) of land, more or less. This tract of land is designated as Reserve "E" of the Proposed Castlewood Park Subdivision. QIEgQ±...LLIQZ-=-Q411t112111 SALE #2 GRANTOR: Cecil E . Duncan GRANTEE : Douglas W . Mc Mac lay , Trustee DATE : 5-82 3.3055 acres, part of Lots LEGAL DESCRIPTION: 40, 41 , and 42 , of Voss subdivisio.1, of the Sara Mckissick League, Abstract 1 5 1 , F r i e n d s w o o d , Galveston County, Texas. (Volume 254 , Page 63 ) . ACTUAL PRICE: $518, 355 PRICE VERIFIED WITH: Grantor and others LAND SIZE : 3 . 3055 acres UNIT PRICE : $3. 60 per square foot VACANT: Yes IMPROVEMENTS, SIZE & None DESCRIPTION: DESIRABILITY : Good HIGHEST AND BEST USE : Commercial COMMENTS : This sale, along with Sale # 1 , consisted of theshopping center site. Sale #2 was the key location and therefore, it brought a higher value. Both Sale # 1 and #2 were zoned C- 1 which was for commercial uses. (See Sale #1 for additional comments. ) This sale was adjusted downwards for superior location and upwards for time. Q.It>snt-lulus-=-Qsnt.tnuu� SALE #3 GRANTOR: Johnnie Warfod GRANTEE : Losco Builders Incor - porated DATE : 4-82 LEGAL DESCRIPTION: One acre out of the John V. Ycst, 23. 25 acre tract in the W .D.C. Halt League, Abstract #70 , Brazoria County, Texas . ACTUAL PRICE : $59, 242 PRICE. VERIFIED WITH: Selling realtor, Pearland Properties LAND SIZE : One acre UNIT PRICE : $1 . 36 per square foot VACANT: Yes IMPROVEMENTS, SIZE & None DESCRIPTION : DESIRABILITY : Good HIGHEST AND BEST USE : Speculative/Commercial COMMENTS : This sale was west of the subject property in the City of Pearland on FM 518. The realtor informed the appraiser that it was a sale which the grantor had to dispose of quickly. The estimated value by the realtor, instead of $ 1 .36 per square foot, ranged from $ 1 .50 to $1 .65 per square foot, on the open market, on normal marketing conditions. This sale was located on the corner of Hamm and FM 518. This site was Sale #3 - Continued smaller than the subject but was used for a lack of better sales. This sale was adjusted upwards for time and inferior 1 location. • r 1 SALE #4 GRANTOR: Edwin H. Harris, Jr. GRANTEE : Don Bucsanyi DATE : 4-82 LEGAL DESCRIPTION: 1 .9879 acres out of Lots 3 and 4, Block 5, Webster Townsite, Robert Wilson League , Abstract 88 , Webster, Harris County, Texas . ACTUAL PRICE : $135, 951 PRICE VERIFIED WITH: Selling realtor, Key 21 , Friendswood, Texas LAND SIZE : 1 . 9879 acres UNIT PRICE : $1 . 57 per square foot VACANT: Yes IMPROVEMENTS, SIZE 8 DESCRIPTION : None DESIRABILITY : Average HIGHEST AND BEST USE : Commercial COMMENTS : This sale was on the north side of FM 528, approximately one-half mile west of the Gulf Freeway in the City of Webster. It was purchased as a site for a Yamaha motorcycle sales and repair facility. It was zoned commercial and utility lines did not extend to the property, but were available at additional cost. The estimated cost, based on overall sales price should add about 50 cents per square 1 QIEQCi_L IQL___QQ11tlnu4.c1 Sale #4 — Continued foot to this sale, resulting in a value in the vicinity of $2. 00 per square foot. This sale was considered to be inferior in location, and was P adjusted upwards.wards. A time adjustment was warranted based on an abundance of market activity in new construction. QI>= _Q4IIf1II11SS1 SALE #5 GRANTOR: F. Brown, Jr . GRANTEE : John Moon, Trustee DATE : 2-82 LEGAL DESCRIPTION : Not available at the time of the report. It is located on the northeast corner of East Heritage Dr 1 v e and FM 518 in Fr i endswood, Texas. This is approximately one mile east of the subject. property on FM 518 . ACTUAL PRICE : $272, 250 PRICE VERIFIED WITH : A representative of the Grantee LAND SIZE : 2. 5 acres UNIT PRICE : $2 . 50 per square foot VACANT: Yes IMPROVEMENTS, SIZE & DESCRIPTION : None DESIRABILITY : Good HIGHEST AND BEST USE : Commercial COMMENTS : This sale was made so a new bank could be built upon this site. This sale was considered to be similar in location. A time adjustment was warranted based on increased values in the general area. Qltact_ lsn___QQn±inusl SALE 16 GRANTOR: T. E . Burke Construction Co. GRANTEE : Daniel and Darlene Gage DATE OF SALE : March 1985 LEGAL DESCRIPTION: Parcel B- 2-A and C- 1 out of 11 . 4003 acres , Friendswood Subdivision, Galveston County, Texas. ACTUAL PRICE : $50, 000 PRICE VERIFIED WITH : Representative of Grantor LAND SIZE : 13, 000 square feet UNIT PRICE : $3 . 85 psf VACANT: Yes IMPROVEMENTS, SIZE & None DESCRIPTION : 1 DESIRABILITY : Good HIGHEST AND BEST USE : Commercial COMMENTS : This sale is zoned Commercial Shopping Center in the City of Friendswood . This sale is located approximately 100 feet east of Castlewood Drive, with approximately 130 front feet on FM 518. Since the Date of Sale, this site has been improved with a beauty salon . Q1csQt_Liss___QQntlnuss1 SALE 17 GRANTOR: Branscom Company, Inc . GRANTEE : Arron Development Company DATE OF SALE : February 5, 1984 LEGAL DESCRIPTION: Not Available ACTUAL PRICE : $375, 000 PRICE VERIFIED WITH: Sales Agent LAND SIZE : 1501 x 2501 or 37 , 500 sq . ft. UNIT PRICE : $ 10. 00 per square foot VACANT: Yes IMPROVEMENTS, SIZE 8 None DESCRIPTION : DESIRABILITY : Good HIGHEST AND BEST USE : Commercial COMMENTS : This sale is zoned C - 1 Commercial inl the City of Friendswood. This sale is located on Fm 528 and Sunset. This sale has approximately 150 front feet on FM 528, with 250 front feet on Sunset. This sale was located in a wet county, allowing for beer sales. The Grantee indicated that more than market was paid for this site because of this sale being located in a wet county. 6��1�C�eS1Q1���61�Q_L1MlIll�Q_QQI�QlIl41�� 1 . This appraisal covers the property as described in this report, and the areas and dimensions as shown herein are assumed to be correct. 2. The appraiser assumes no responsibility for matters legal in nature affecting the property appraised or the titiethereto, nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership . 3. The appraiser has made no survey of the property and assumes no responsibility in connection with such matters. Any sketch or identified survey of the property included in this report is only for the purpose of assisting the reader to visualize the property. 4 . The appraiser is not required to give testimony or attendance incourt by reason of this appraisal unless arrangements have been previously made. 5 . The appraiser assumes that there are no hidden or apparent conditions of the property , subsoil , or structures, which would re nder it more or less valuable. The appraiser assumes no responsibility for such conditions , or for engineering which might be required to discover such factors . 6 . The mechanical equipment is assumed to be in working condition. The appraiser has conducted no test of the mechanical equipment and therefore makes no warranty of said equipment . 7 . Information, estimates, and opinions furnished to the appraiser and contained in the repo-t were cbtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished to the appraiser can be assumed by the appraiser . 8 . The allocation of total value to land or buildings, as shown in this report, is invalidated• if used separately in conjuction with any other appraisal . 6L.ZuM12±1QnZ-ZI1 -L.iMiting-QQII.d.It1s0s-=-GQnflnuQ.cl 9. Disclosure of the contents of the appraisal report is governed by the By-Laws and Regulations of the American Institute of Real Estate Appraisers of the National Association of Realtors . 10 . One (or more) of the signatories of this appraisal report p t is a member (or candidate) of the American Institute of Real Estate Appraisers pp ers of the National Association of Rea ltors. The By_ Laws and Regulations of the Institute require each member and candidate to control the use and distribution of each appraisal report signed by such member or candidate. Therefore, except as herein after Provided the party for whom thi s appraisal report was prepared may distribute copies of this appraisal report, in its entirety, to such third parties as may be selected by the party for whom this appraisal report was prepared; however, portions of this appraisal report shall not be 1 ven to third parties riles withoutprior wri tten itten consent of the signatories of this appraisal report. Further, neither all nor any part of th i s appraisal report shall P be disseminated to the general public by the use of advertising media, public relations media, news media, sales media or other media for public communication without the prior written consent of the signatories of this appraisal report. 11 . The following statements represent official policy of the American Institute of Real Estate Appraisers with respect to the neighborhood analysis and the appraisal of residential real estate: a . It is improper to base a conclusion or opinion of value upon the premise that the racial , ethnic, or religious homogeneity of the inhabitants of an area or of a property is necessary for maximum value . b . Racial , religious , and ethnic factors are deemed unreliable and predictors of value trends or price variance. LzzumRt.Isnn_=1_L.iml±ing-CQI1d1± Qns_=_QQn±lnuaLl c. It is improper to base a conclusion or opinion of value, or a conclusion with respect to neighborhood trends, upon stereotyped or biased presumptionsrelating to race, color, religion, sex or national origin or upon unsupported presumptions relation to the effective age or remaining life expectancy of the neighborhood in which it is located . The American Institute of Real Estate Appraisers conducts a voluntary program of continuing education for its designated members. MAI 's and RM's who meet the minimum standards of this program are awarded periodic educational certifications. I am certified under this program through September 15, 1986 . 3.8393 ACRES FRIENDSWOOD DRIVE NEXT TO FIRE STATION Property was appraised on September 30, 1985 by E.I. Tarin & Co. for $3.50 per square foot. $ 585,000.00 On December 12, 1985 the H.K. and Esther Speck Foundation purchased the property for 292,500.00 Closing costs on the transaction paid by the Foundation (all 1985 taxes were paid by the Seller) 2,118.50 The transaction was financed by a loan from Pearland State Bank for $ 295,000.00 at 11% interest. Interest being incurred by the Foundation amounts to: Daily: 88.90 Monthly: 2,704.00 AVAILABLE FUNDS Advance tap fees: $ 1,200,000.00 Disbursed for equipment < 91,332.00 Interest earned to date 64,389.33 $ 1,173,057.33 3.8393 ACRES FRIENDSWOOD DRIVE NEXT TO FIRE STATION Property was appraised on September 30, 1985 by E.I. Tarin & Co. for $3.50 per square foot. $ 585,000.00 On December 12, 1985 the H.K. and Esther Speck Foundation purchased the property for 292,500.00 Closing costs on the transaction paid by the Foundation (all 1985 taxes were paid by the Seller) 2,118.50 The transaction was financed by a loan from Pearland State Bank for $ 295,000.00 at 11% interest. Interest being incurred by the Foundation amounts to: Daily: 88.90 Monthly: 2,704.00 AVAILABLE FUNDS Advance tap fees: $ 1,200,000.00 Disbursed for equipment < 91,332.00 Interest earned to date 64,389.33 $ 1,173,057.33 t,.e, L,et) ue.LQ44s t /t 97 i F 1 -rijvfi,t DR 1 GM • l�l.use �oNOal 3, 83 � 3 f}-c2 � s t -'feIE- i(.-os(--, 1 43_4. psz I L/ E ivE,4_-7- -Tv ' ''r2 c sT.¢T oN i --- ,...,,,,,a---- ,e.", 3 '=,/ I gas Z -• ` -4t/ 4-- i, ?. _C-c' V 'g _c8_cpaa, oc r,,,_ 0 / 2 ,/ 97 c 12/. 4_ .^"'1 Q 4.-e_ _ / ,-L,-1.... --,=. r.„__J__ _./ e,v4- 4--- l-i„,._ 2725- (-1674 ---6---Ac. erP--- /Le.._-),--,,-e-e--t--.-:-. ra,.___, - ‘-e-e--,- (.2P' ,&qc ,-6 ,-=,- b /2--- L ei,'-.' vt--- .-- „----4, et•- i .Z ; o Dci oa a // ,„:_;._ _e__ n-, E_,&• 4. ,,, , f,.___,62,Ler;,_ ,,,,,__/t --- : aci)?_ , ,93. 70 27. 4/. 0 . Al//4 /L- A 9LL U Ai0s I �(oi„._. % 10 � 6o0 . 0o nn '+ �i�-�G u„--,-) ('y 7, 33 2. a s 1 . . ( io) SOUTH FRIENDSWOOD DRIVE (ooaow) P.O.C. P.O.B. Found 1/2" North Corner Of Found 1/2" Iron Rod 11 .4003 Acre Tract Iron Rod 002-72-2285 1/ 5450000E 32600 \t,' 0 / � , Dirt ,� � 35' B.L. 003-7 -0925 Set 1/2" ^�_ ' V-18, P-73 Iron TT ; onc. Clonc. TRACT D , 18/73 ,� � i Q 1� Set "X" ;.�0 ,.r•t4 t ‘,2.4, 27.1 r In Conc. .; 0 2 Story, Brick 4 T; p ' .• �s : $ & Coney,,,Block a :.•? 008-63-2707 ' Conc Block CU Enclosure— . TRACT F • - rn Conc. 0 18/73 0 City Of W 0 • . Friendswood fir 414. TRACT C so 18/73 C) ) , • •-• •- , , . • ,•cn 3.808 Acres L 2! V-238,P-14 V-254,P-37 V-18, P-73 . r.-) N45.0dooW • 396.00 / i / TRACT F Found 1/2" /2" 18/73 Found 1 Iron Rod City Of Friendswood Iron Rod ®= S45°00'00"E 240.00' OB = N45°00'00"E 119.00' 0= S45°00'00"E 70.00' NOTE: This Survey Completed Without The Benefit Of Information Contained In A Title Report Per The Request Of The Buyer. BUYER City Of Friendswood 910 South Friendswood Drive }DESCRIBED PROPERTY Being 3.808 acres of land, more or less, and being a Pert of 11 .4003 acres of land out of Lots 15 and 16, Block 5, FRIENDSWOOD SUBDIVISION as recorded in Volume 238, Page 14, and Volume 254, Page 37 of the Galveston County Deed Records, in the Sarah McKissick or R. Williams League in Galveston County, Texas, 11 .4003 acres of land from Thomas Montgomery, Trustee to Ralph L. Lowe as recorded in Film Code 002- 72-2285 in the Galveston County Deed Records dated December 23, 1983, the 3.808 acres be ing more particularly described by metes and bounds as attached. { SURVEY 1, INC. Idoh «dIyta �""""„asMbdo'mad,°"""gr°un°«M. properly lowly hellion.(or on Iho Wm:hod*won,and I collect, and ihoa.noon_ioodrnorw%riwriowti and was done wm orurdr P. O. BOX 2543 • ALV1N TX 77512 ,�' �STE myaponA/on and oonboe loorec Wt�hoa en,iarwodsaoeawsd C281)393-1382 • Fax 1)393-1383 br O A6.•s byte%NOB Wad d Pwasrond Una 9LIVOYM FIELD NOTES Of A Survey Of Being 3.808 acres of land, more or less, and being a part of 11.4003 acres of land out of Lots 15 and 16, Block 5, FRIENDSWOOD SUBDIVISION as recorded in Volume 238, Page 14 and Volume 254, Page 37 of the Galveston County Deed Records, in the Sarah McKissick or J. R. Williams League in Galveston County, Texas, 11.4003 acres of land from Thomas Montgomery, Trustee, to Ralph L. Lowe as recorded in Film Code 002-72- 2285 in the Galveston County Deed Records dated December 23, 1983, the 3.810 acres being more particularly described by metes and bounds as follows: COMMENCING at the North corner of the aforementioned 11.4003 acre tract as recorded in Film Code 002-72-2285; THENCE South 45 deg 00 min 00 sec East, a distance of 240.00 feet to a `/2 inch iron rod found for the POINT OF BEGINNING of the herein described tract, said point being in the Southerly right-of-way line of Friendswood Drive (100.00 feet wide); THENCE continuing South 45 deg 00 min 00 sec East, along said Southerly right-of-way line of Friendswood Drive, a distance of 326.00 feet to a `/2 inch iron rod found for corner; THENCE South 45 deg 00 min 00 sec West, a distance of 440.00 feet to a `/2 inch iron rod found for corner; THENCE North 45 deg 00 min 00 sec West, a distance of 396.00 feet to a V2 inch iron rod found for corner; THENCE North 45 deg 00 min 00 sec East, a distance of 321.00 feet to an "X" in concrete set for corner; THENCE South 45 deg 00 min 00 sec East, a distance of 70.00 feet to a `/2 inch iron rod set for corner; THENCE North 45 deg 00 min 00 sec East, a distance of 119.00 feet to the POINT OF BEGINNING of the herein described tract of land and containing 3.808 acres of land, more or less. (F. U F.rF ,,• 5: GIST ( ' .T. WEBER r q 4101 1p