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HomeMy WebLinkAboutNo Address - Special Warranty Deed - VARIOUS Stale Department of Highways and Public Transportation SPECIAL WARRANTY DEED Form D-15-14 Page 1 of 4 Rev.3-86 'r DEED THE STATE OF TEXAS X COUNTY OF Harris X KNOW ALL MEN BY THESE PRESENTS: That, NCNB Texas National Bank, Trustee of the 1nhn I ,lanes Trust , Barbara Groves Paschall Trust, Otis Bain Gary Trusts , Sue Paschall Trust , Charles E. Paschal 1 ,Jr. Trust, and Barbara E. Paschall Trust ( Grantor herein) , acting herein by and through its duly authorized officers of the County of HARRIS , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Fi ve thousand and 00/100 dollars Dollars ($5,000.00 ) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in HARRIS County, Texas, more particularly described as follows, to wit: EXHIBIT "A" AS DESCRIBED IN EXHIBIT "B" attached hereto73 nn q� e0 EXHIBIT A 1 Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank ^r any ❑ffili.,� State Department of Highways and Public Transportation Form D-15-14 ' • Page 3 of 4 Rev.3-86 PARCEL 8 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: NONE Grantors covenant and agree to remove the above-described improvements from said land by 19 , subject, however, to such extensions of time as may be granted by the State N/A writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of'Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF,this instrument is executed on this the day of September , 19 90 • NCNB Texas National Bank, Trustee of the John L. Jones , Trust By. William F Ellis, VicP President Trust Officer ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, ,on this day personally appeared known to me(or proved to me on the oath of ,a credible witness,)to be the person(s)whose name(s)is(are)subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ,A.D. 19 . Notary Public,State of Texas My Commission expires on the day of , 19 • PAUL W. SCHRADER .��`I�� �. Mayor ,.-+.7•� :• I I Councilmembers :<< f. .; ._.._; dityo 9riEn uJooRON RITTER .0( ROBERT WICKLANDER :•• -\+ '' .�•: EVELYN NEWMAN 1., �` �,► 109 WILLOWICK 713/482.3323 ED STUART '� 1, FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY / A. FRANK FRANKOVICH • 181 411 a City Manager •4 !•: % DELORIS ARCHER, CMC -__ :•S' City Secretary September 14 , 1990 Mr . William F . Ellis , Vice-President NCNB Texas 901 Main Street , 20th Floor Post Office Box 831500 • Dallas , Texas 75283-1500 Re : John L . Jones Trust , et al State Highway Department Acquisition, Parcel 8 Dear Mr . Ellis , In response to your letter of August 22 , 1990 regarding the acquisition of Parcel 8 for the widening of FM2351 , the City Council placed it on the September 10 agenda as an "Action" item. The Council of the City of Friendswood voted to purchase the parcel of land herein described as Parcel 8 for the widening of FM 2351 from the John L . Jones Trust for a net amount to the trust of $5 , 000 . 00 . The addendum "Exhibit A" was approved by our City Attorney, John Olson , and will be a part of the conveyance of this parcel of land . The conveyance will be by Special Warranty Deed ( per your request) and all closing expenses will be paid by the purchaser . The Contract of Sale is enclosed as well as the Special Warranty Deed and Exhibit "A" and Exhibit "B" for your approval . If these conveyance instruments meet with the approval of the Trust and NCNB , upon execution and having them forwarded to the City Hall of the City of Friendswood , a cashiers check payable to NCNB Texas National Bank , Trustee of the John L . Jones Trust , et al in the amount of $5 , 000 . 00 will be sent to your attention by registered mail . Your help in securing this property for the State of Highway Department is greatly appreciated . P 086 823 053 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to CNIV3 T xa_S Street and No. ei a Ma-A.11 S4reR� ,0,44 a. P O,State and ZIP Code R #. 8DA 8'3 I S Oa 1l'a,llci5' Tx Postage Certified Fee 111111• 111111 Special Delivery Fee MN Restricted Delivery Fee aill Return Receipt showing to whom and Date Delivered EMI in rn ReDatern Receipt showing to whom. Date,anddAddress of Delivery a> j TOTAL Postage and Fees 5. •j.oZ U c, Postmark or Date E 9//)9l Qd 0 --____4;i_a • SENDER: Complete items 1 and 2 when additional services are desired, 3 and 4. Put your address in the"RETURN TO" Put beingr returned to and complete items Space on the reverse side. Failure to fdot this will prevent this card you.The return recei t fee will rovide ou the name of the the date of deliver . For additional ees t e ollowin and c eck deliver or additional service(s)requested.services are avails le. onsultrpostmeaster oro and fees 1. ❑ Show to whom delivered, date, and addressee's address. 3. Article Addressed to: (Extra charge) 2. ❑ Restricted Delivery (Extra charge) (,Vi(I6G 1-- , C Q�1p 4^,Article lJCN8 �/ g �� Dr�3 q C. I sql 0 ►1+ • V __ 1 Type of Service: _ i �� F)Ap1i l• ❑ Registered El Insured C,sc P. 0 . (box .1? 3 1 t,pp �r�ertified El COD ❑ Express Mail ❑ Return Receipt TX for Merchandise Always obtain signature of addressee 5. Signature — Addressee aF3_ 5� or agent and DATE DELIVERED. X 8 re�$ee's Address (ONLY if 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 *U.ti.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT Page two Mr . William F . Ellis , Vice-President September 14 , 1990 Upon receipt of the enclosed papers , should you have questions , additions or corrections , please call . Sincerely , 14"--4) Evelyn B. Newman Councilmember Enclosures : &713) 482-2112 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES:_NCNB Texas National Bank , Trustee of the John L. Jones Truc't, et al (Seller) agrees to sell and convey to State of Texas Hi ghway DPPartment (Buyer) and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot_See Fxhi hi t B _ Metes a ndlock YOUnds descri nti on i 2 Parse] � Addition, City of Fri encicwnod Harris ,County,Texas, or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 5 ,000.00 B. Sum of all financing described in Paragraph 4 below C. Sales Price(Sum of A and B) $ 5.000.00 4. FINANCING: (Check applicable boxes below) X MI A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to in present monthly installments of$ ,including principal, interest and any reserve deposits,with Bu . first installment payment being payable on the first installment payment date after closing, the assumed principal balance of which sing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable in present monthly installments of$ ,including principal,inte any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,th med principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations im y the deed of trust securing the note. If the total principal balance of all assumed loans var. an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If o der on assumption(a)requires Buyer to pay an assumption fee in excess of$ in B(I)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(I)above cr.-- % in B(2) above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall'be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE TO BUYER: Monthly payments, interest rates or other terms of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to determine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ , due in full in year(s), payable in initial monthly paymen 'ncipal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ trst year(s)of the loan. NOTICE TO PARTIES: Before signin uyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest, some have ments which may not be sufficient to pay the accruing interest, and some have interest rate "buydowns" which reduce the rest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of$ ,bearing _%interest per annum, and payable: ❑ I. In one payment due after the date of the note with interest payable ❑ 2. In installments of$ [ ] including interest [ ]plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ J including interest[ J plus interest beginning fter the date of the note and continuing at intervals thereafter for ye en the entire balance of the note is due and payable. ❑ 4. This contract is subject r furnishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapprov uyer's credit is not given within five (5) days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby a es Buyer's credit report to be furnished to Seller. ny Seller financed note may be prepaid in whole or in part at any time, without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications, If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof, this contract shall terminate and the Earnest Money shall be refunded to Buyer. 5. EARNEST MONEY: $ N/A is herewith tendered by Buyer and is to be deposited as Earnest Money with , at (Address), as Escrow Agent, upon execution of the contract by both parties. ❑ Additional Earnest Money of$ shall be deposited by Buyer with the Escrow Agent on or before , 19 6. TITLE:Seller shall furnish to Buyer at Seller's expense either: ❑ A. Owner's Policy of Title Insurance(the Title Policy)issued by in the amount of the Sales Price and dated at or after closing:OR B. Abstracts of Title certified by an abstract company(1)from the sovereignty to the effective date of this contract(Complete Abstract)and(2)supplemented to the Closing Date(Supplemental Abstract). Unimproved Property Earnest Money Contract c•'nceming Parcel 8 - — Page Three 02-08-85 (Addre:as of Property) I9. USE AND UTILITIES:The intended use of the Property by Buyer is I I single family dwelling I I multiple family dwelling of units I I mobile home. Utilities required at the Property for such use are I I water I I sanitary sewer I I gas I I electricity I I telephone I 1 —.— . If Buyer ascertains that applicable zoning ordinaces, restrictions or governmental laws, rules or regula- tions prevent such intended use or that su.,h required utilities arc not available,or that the Property is located within the I(N)year flood plain as designated by the appropriate governmental authority, and Buyer so notifies Seller within —days from the effective date of this contract, then the same shall terminate and the Earnest Money shall he refunded to Buyer: failure on the part of Buyer to give the notice within the required time shall constitute Buyer's acceptance of the Property for Buyer's intended use. 20. SURVEY: I X I required I I not required. If required,then within —07 days from the effective date of this contract a current survey of the Property shall be furnished by and at the expense of I J Seller I XX Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.'he survey shall locate all improvements,encroachments and overlapping of improvements on the Property,together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.'Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): 22. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party.or wnen any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the cheat of any part of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATTORNEY: ATTORNEY: EXECUTED in multiple originals effective the day of , 19 . (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) CITY OF FRIENDSWOOD in and for the STATF OF TFXAS HIGHWAY DEPARTMENT Buyer Seller By is BuyPaul W. Schrader, Mayor of Friendswood Seller 109 Willnwirk 713 482 7564 Buyer's Address Phone No. Seller's Address Phone No. Friendswood, Texas 77546 AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay N/A ,Co-Broker, a fee of of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the limn of Escrow Agent: By: Date: The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract fort only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions are not to he used. (Rev. 02-85)'I-REC No. 9-I. This limn replaces TREC No.9-0. 0 5 5 EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDS'W00D FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS, acting by and through the State Highway and Public Transportation Commission By: BY; PAUL W. SCHRADER, MayorTof Friendswood Date: Date: EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Pioject Limits: From F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the 'Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner canton to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13'47" East, along the line common to maid Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" East, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" East, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the DINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along Laid southeasterly line, a distance of 63.01 feet to a point for corner; t EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of 3 Pages 2.) THENCE, NORM 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4. ) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORtH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following courses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a d i sty of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORtH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33 '47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SKEET aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT g Page 3 of 3 Pages 13.) THENCE, NORTH 19°3 4'4 5" Fast, continuing rlg along aid northwesterly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SCHPT factor of 0.9998700) . 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES:—_NCNB Texas National Bank, Trustee of the John L. Jones Truct. et al (Seller)agrees to sell and convey to State of Texac Highway Department (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY:Lot See Fxhi hi t R — Metes aindlock Bounds description i A Parcel R Addition, City of Fri endswnnd Harris ,County,Texas,or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 5'000 00 B. Sum of all financing described in Paragraph 4 below $ C. Sales Price(Sum of A and B) $ 5.000.00 4. FINANCING:(Check applicable boxes below) XX{XN A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyers assumption of the unpaid principal balance of a first lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Bu . irst installment payment being payable on the first installment payment date after closing, the assumed principal balance of which• sing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable in present monthly installments of$ ,including principal,inte t any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,th med principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations im y the deed of trust securing the note. If the total principal balance of all assumed loans var. • an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If o der on assumption(alrequires Buyer to pay an assumption fee in excess of$ in B(I)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(I)above or % in B(2) above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE TO BUYER: Monthly payments, interest rates or other terms of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to determine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ ,due in full in year(s), payable in initial monthly paymen ncipal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ irst year(s)of the loan. NOTICE TO PARTIES: Before signin • uyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest, some have ments which may not be sufficient to pay the accruing interest, and some have interest rate "buydowns" which reduce the rest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of$ ,bearing %interest per annum, and payable: ❑ I. In one payment due after the date of the note with interest payable ❑ 2. In installments of$ [ ]including interest[ )plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ J including interest[ i plus interest beginning after the date of the note and continuing at intervals thereafter for ye en the entire balance of the note is due and payable. ❑ 4. This contract is subject r furnishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapprov uyer's credit is not given within five (5) days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby a .es Buyer's credit report to be furnished to Seller. i ny Seller financed note may be prepaid in whole or in part at any time, without penalty.The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished.Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof,this contract shall terminate and the Earnest Money shall be refunded to Buyer. 5. EARNEST MONEY: $ N/A is herewith tendered by Buyer and is to be deposited as Earnest Money with .at (Address), as Escrow Agent, upon execution of the contract by both parties. ❑Additional Earnest Money of$ shall be deposited by Buyer with the Escrow Agent on or before , 19 6. TITLE:Seller shall furnish to Buyer at Seller's expense either: ❑ A. Owner's Policy of Title Insurance(the Title Policy)issued by in the amount of the Sales Price and dated at or after closing:OR ❑ B. Abstracts of Title certified by an abstract company(I)from the sovereignty to the effective date of this contract(Complete Abstract)and(2)supplemented to the Closing Date(Supplemental Abstract). ..vr,l.r•r•.� rr-, r rn •wires nr,vrn. •c nm.Imm Qv I Afl1 Q-•.I,.,..,A,.,,.. Q..,e.,{..., R..o.,1,,,,I.r 4.n„o on Ar�cfr•�rf rnvrr,no the Prnnertv examined by an Unimproved Property Earnest Money Contract—Page Two 112-08-85 Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice front Seller relating to the tax rate and bonded indebtedness of the District. 7. PROPERTY CONDITION: Buyer accepts the Property in its present condition,subject only to Exhibit A 8. BROKER'S FEE: N/A. . Listing Broker.and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is no separate agreement, Seller agrees to pay Listing Broker in N/A County. Texas. on consummation of this sale or on Seller's default a total cash fee of of the Total Sales Price or upon Buyer's default,one half of the Eamest Money paid to Seller not to exceed the amount of cash fee. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale proceeds. 9. CLOSING:The closing of the sale shall be on or before September 30, 1990 . 19_.or within seven(7) days after objections to title have been cured,whichever date is later(the Closing Date);however, if financing or assumption approval has been obtained pursuant to Paragraph 4.the Closing Date shall be extended daily up to fifteen(15)days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date,the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 15 immediately and without notice. 10. POSSESSION:The possession of the Property shall be delivered to Buyer at closing. 11. SPECIAL PROVISIONS:(Insert factual statements and business details applicable to this sale.) All closing costs necessary in the conveyance of Parcel 8 to be the expense of the purchaser. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Loan appraisal fees shall be paid by N/A B. The total of the loan discount and buydown fees shall not exceed$ N/A of which Buyer shall pay the first$ N/A and Seller shall apay the remainder. Seller's Expenses:Prepayment penalties on any existing loans paid at closing,plus cost of releasing such loans and recording releases;tax statements;'/of any escrow fee; preparation of deed;preparation and recording of any deed of trust to secure assumption;other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application,origination and commitment fees;private mortgage insurance premiums and any loan assumption fee;expenses incident to new loan(s)(e.g.,preparation of any note,deed of trust and other loan documents,survey[unless stipulated to be paid by Seller in Paragraph 20i.recording fees,copies of restrictions and easements,Mortgagee's Title Policies,credit reports,photos);'h of any escrow fee;any required reserve deposits for ad valorem taxes and special governmental assessments;interest on all monthly installment payment notes from date of disbursements to one(I)month prior to dates of first monthly payments;expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party,either party may terminate this contract unless the other party agrees to pay such excess. 13. PROBATIONS AND TAXES:Interest on any assumed loan,current taxes,any rents and maintenance fees shall be prorated through the Closing Date.If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of Seller,and such obligation shall survive closing. 14. TITLE APPROVAL: A. If abstract is furnished,Seller shall deliver Complete Abstract to Buyer within twenty(20)days from the effective date hereof. Buyer shall have twenty(20) days from date of receipt of Complete Abstract to deliver a copy of the examining attomey's title opinion to Seller,stating any objections to title,and only objections so stated shall be considered. B. If Title Policy is furnished, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to(I)restrictive covenants affecting the Property(2)Sny discrepancies,conflicts or shortages in area or boundary lines,or any encroachments,or any overlapping of improvements(3)taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership(4)existing building and zoning ordinances (5)rights of parties in possession(6)•liens created or assumed as security for the sale consideration(7)utility easements common to the platted subdivision of which this Property is a part and(8)reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs(I)through (7)inclusive,Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub-paragraphs (I)through(7)above at least five(5)days prior to closing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five(5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing, it will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in sub- paragraphs(I)through(7). C. In either instance if title objections are raised,Seller shall have fifteen(15)days from the date such objections are disclosed to cure the same,and the Closing Date shall be extended accordingly. If the objections are not satisfied by the extended closing date,this contract shall terminate and the Earnest Money shall be refunded to Buyer,unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements showing no delinquent taxes,a Supplemental Abstract when applicable,showing no additional title exceptions and a General Warranty Deed conveying title subject only to liens securing payment of debt created or assumed as part of the consideration, taxes for the current year. restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer.Each note shall be secured by vendor's and deed of trust liens.A vendor's lien and deed of trust to secure assumption shall be required,which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, note(s),deed of trust or deed of trust to secure assumption,forms prepared by the State Bar of Texas shall be used. 15. DEFAULT: If Buyer fails to comply herewith, Seller may either(a) enforce specific performance and seek such other relief as, may he provided by law or(h) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required. to(a)deliver the Commitment or(b)deliver the Complete Abstract. Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen(15)days and the Closing Date shall be extended pursuant to other provisions of this contract. If Seller fails to comply herewith litr any other reason, Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(h)terminate this contract and receive the Earnest Money.thereby releasing Seller from this contract. 16. ATTORNEY'S FEES:Any signatory to this contract, Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 17. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a)is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money(c)is not liable for interest or other charge nn ihr fund.held:md ale k not liable for,,u.• Unimproved Property Earnest Money Contract concerning Parcel 8 - Page Three 02-08-85 (Address of Property) 19. USE AND UTILITIES:The intended use of the Property by Buyer is I I single family dwelling I I multiple family dwelling of units I I mobile home. Utilities required at the Property for such use are I I water I I sanitary sewer I I gas I I electricity I I telephone I I . If Buyer ascertains that applicable zoning ordinances,restrictions or governmental laws,rules or regula- tions prevent such intended use or that suLh required utilities are not available,or that the Property is located within the 100 year flood plain as designated by the appropriate governmental authority, and Buyer so notifies Seller within days from the effective date of this contract.then the same shall terminate and the Earnest Money shall be refunded to Buyer; failure on the pan of Buyer to give the notice within the required time shall constitute Buyer's acceptancz of the Property for Buyer's intended use. 20. SURVEY: I X I required I I not required. If required,then within —0— days from the effective date of this contract a current survey of the Property shall be furnished by and at the expense of I I Seller I X)4 Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.The survey shall locate all improvements,encroachments and overlapping of improvements on the Property,together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): Exhi hi t A and Exhi hi t R 22. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATTORNEY: • AI IORNEY: EXECUTED in multiple originals effective the day of , 19 .(BROKER:FILL IN THE DATE OF FINAL ACCEPTANCE.) CITY OF ENDSWOOD i and for the STATE XAS HTr DEPARTMENT Buyer Seller BayQa . Schrader, Mayor of Friendswood Seller lfq Willnwirk 713 482 7564 Buyer's Address Phone No. Seller's Address Phone No. Friendswood, Texas 77546 AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay ,Co-Broker, a fee of of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the form of Escrow Agent: By: — Date: , 19—. The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (Rev. 02-85)TREC No. 9-I. This form replaces TREC No.9-0. 0 5 5 EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDSWOOD FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS, acting by and through the State Highway and Public Transportation Commission By: A‘l44#1 P L W. SCHRADER, Mayor-of Friendswood Date: Date: EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: Frtuu F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the mast northwesterly corner common to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13 '47" East, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" East, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" Fast, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along said southeasterly line, a distance of 63.01 feet to a point for corner; EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of 3 Pages 2.) THENCE, NORTH 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43 '47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of- way line of F.M. 2351; THENCE, Southwesterly along said northwesterly riot-of-way line of F.M. 2351, the following courses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron wJ with SIMPT aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT B Page 3 of 3 Pages 13.) THENCE, NORTH 19°34'45" Fast, continuing along said northwest•Prly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one ace (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SIIPT factor of 0.9998700) . PAUL W. SCHRADER °11rrk Mayor - - d•�a. _ Q' Councilmembers eLtyof I.LG/L :3.W OQRON RITTER :-;; ROBERT WICKLANDER d l '' t•. EVELYN NEWMAN i ^,�� + ` ; '`� '= 109 WILLOWICK 7131482.3323 ED STUART 0 k �•'•` • HAROLD RALEY i 4, FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH 1®r July 19, 1990 City Manager `4 DELORIS ARCHER, CMC City Secretary Mr. William F. Ellis Re: John L. Jones , Jr. Estate NCNB - Texas National Bank State Highway acquisition 20th Floor of NCNB Plaza 0.453 acre 19,748 sq. feet P.O. Box 831500 Parcel 8 Dallas , Texas 75283 - 1500 Dear Mr. Ellis : _ The State Highway Department has forwarded the map and metes and bounds description of Parcel 8, which is the property required by the State Highway Department to have sufficient right-of-way to complete the acquisition for the widening of Highway 2351. The land area required is 0.453 or 19,748 square feet. As explained to you , per our telephone conversation , neither Galveston or Harris County want to claim it and it has been left up to the City of Friendswood to negotiate and acquire. The acquisition of this property was not a budgeted item for the City of Friendswood so we would appreciate your consideration in establishing a reasonable acquisition price. The County Commissioners office of Harris County estimated a figure of $5 ,000. for the 0.453 acre. I am enclosing some photographs of the area where this property is located. The State Highway Department owns or has right-of-way from the bridge to approximately thirty feet into the wooded ravine. The property which is in the John L. Jones , Jr. Estate is located beyond the tree line. There is a steep incline down from the bridge railing to the property the State Highway Department is requiring. Please call me if you have any questions regarding this property. Sincerely, Evelyn B. Newman , City Council Member Position 3 Enclosures cc : Mayor Paul Schrader Harris County Commissioners Court Galveston County Commissioners Court a • ff1-zway 2551 6Juiclge. oveit. Ci_e_.a/z. CiLeeh. 3LancLiwoocl, .7 ex.riA_ / -, - - - - ' . , . . . ....' •.• --t - • ,.:-''''4 - - .-. . - . ,• ,- . , .,. . .. . .-. s ,. • 1,, 4. .: '.::-,',.-'C• ',,,,7 •••5:.. .,...7- ', , ..'. i -., " , • ;" •,02,*Z.if.,.41C- .,,t,•:•,-.‘.',-:. 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Uarri Count ` /k GQA,0--fvtaA,.) CC: M & CC .� IDrccinc Onc CITY MGR. El Franco Lee, COMMISSIONER 1001 Preston Ave. Houston,Texas 77002 16-16 713/221-6111 /4 789 July 5, 1990 1561 // ram" The Honorable Paul W. Schrader - Mayor © JUL V99 Cityof Friendswood re' p1 109Willowickc`j �D rn Friendswood, Texas 77546 cp9 cat ,RETrml _,N, REF: FM 2351 Tract 8 Acquisition 'r5Per2221202`° Dear Mayor Schrader : Per your request we have researched the acquisition of property for Precinct One 's Randolph Park to verify if the captioned tract was, by chance, purchased by Harris County. Research conducted by both the County Engineer Department and the Right of Way Department has concluded that this tract was not included in the acquisition of Randolph Park property, nor was it included in the Clear Creek Right-of-Way acquisition by Harris County Flood Control District . For your information and files as required, I have enclosed a copy of the deed and property and topographic surveys of the Randolph Park site . Should you need additional information or may I be of further assistance, please advise . Very truly yours, Char l M an o , P,7 Project Superintendent CMW:al cc: Willie Loston AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 23e_yLJcoej� /`l � e_, poorcep Iarri& Count. p MIN 1990 RECEIVED • - a %,\ IDrccincL Onc F NM ON' El Franco Lee, COMMISSIONER 1001 Preston Ave. Houston,Texas 77002 June 21, 1990 713/221-6111 Mr . Terry Anderson, P. E. County Engineer tJ Building k) ATTN: Mr . Ricky Rivero REF: FM 2351 Right of Way Tract No . 8 Dear Ricky: The City of Friendswood is undertaking steps to acquire right of way for the captioned project. In the course of this action and in researching various deeds, the City has found that Tract 8 is owned by the same party from whom we purchased the Randolph Park property. In this regard would you please take the necessary steps to coordinate with Right of Way and determine if FM 2351 Right of Way Tract 8 was or was not included in the acquisition of property for Randolph Park? Also, if it was included, how was it funded? If possible, I would appreciate a response by July 5, 1990 so I may advise the Mayor of Friendswood prior to their July 9, 1990 Council meeting. Very truly yours, dVicel Charles M. Wilcox, P . E Project Superintendent CMW:al cc: Mayor Paul W. Schrader Billy Owens Paul Mauricio AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 • t RECEIVED CITI OF FRIENDSIVOe' THE COUNTY OF GALVESTON CITY SECRETARY RIGHT OF WAY DEPARTMENT ����c")1.2 GZ6 COUNTY COURTHOUSE ANNEX ROOM 118 CC: M & CC GALVESTON. TEXAS 77550 CITY MGR. - January 3, 1990 PAUL 0.SELMAN.SR/WA (409)766.2392 CHIEF RIGHT-OF-WAY AGENT (713)337.3585 EXT.392 Honorable Judge Ray Holbrook Galveston County Commissioners' Court Galveston County Courthouse Galveston, Texas 77550 Re: F.M. 2351 Limits: F.M. 518 to I.H. 45 Galveston & Harris Counties Gentlemen: Galveston County Right of Way Department recently received Right of Way Maps and Field Note Descriptions for the above referenced highway project with authorization to proceed with acquisition of Right of Way. Galveston County's portion of this right of way project is from F.M. 518 east to Clear Creek (Harris County Line) for a total length of 1.053 miles. Existing F.M. 2351 from F.M. 518 to I.H. 45 is a two lane roadway with rural open ditch drainage. The existing right of way width in the Galveston County section is 90 feet with the exception of varying widths in the vicinity of Clear Creek. The proposed highway improvement will include an urban four lane concrete curb and gutter facility with turn lanes. Seven parcels of land totaling about 0.742 acres will be required in Galveston County, in the vicinity of Mary's Gully and Clear Creek. If you are agreeable, our department will begin the right of way acquisition process. County funds for this Right of Way Project will come from Fund 106-408000-647000-00000 (Flood Control & Hwy R.O.W. ). Yours very truly, Paul D. Selman PDS:cf j cc: Mayor Paul Schrader, Friendswood Commissioner Wayne Johnson 4 f - • PERRY AND AUSTI A-20 A-55 END PROJECT (S2837(I)A END STATION CONTROL 307*48.842.3 COFFMAN AND HOIDAL_E S BEGIN PROJECT (S1J2837(2)A) e BCGIN CONTPOL 1944-1-4 Vol 3 Poge 6, H.C.M.R. FFICNDSW00D CITY LIMIT LOT 61 1,218.65' N 5'00'E ;o;' Curve 0oto•E P.I.SIo.51.69.57 Curve Doto-Prop .,,, A•32.44' A• 32.44' a D• 4.00' D• 3'50'21' u° R• 1432.69' R• 1492.69' ^, T• 420.76' T• 439.39' I. •818.33' L • 852.78' • LOT I 4:•!ro Enn Boon Jones,et of Orb Tokinq 1.238 Ac. Curve Doto-E P.I.Sto 38.50 y Remoininq A•16'00'-L. w Deed • 0.4'00' k'o Vc1023C Poge 60B Prop. R.O.W. line 8 2.78' R•1432.69 —� L.400.0 W d fit) For Deiolis 83,R �i E �: '\. See $httt NOC4 5679 5'+s02•at• t• p 784.22 H RRIS�I'fpT 0 5A.9e" A5'��y 235t •lF� Prop. R.O.W.Line 1 Co ��G CP..,' t Me2 a. L F N,.H 142g•(A W 8 9 , '�•� , 6•]DB sub 9109'••3A0•t f; ,Cs • c o� N4 b N 35'17 E ~�e iye QO v i Curve Doto-i tr. 4 9' <0 22 AO.00 ? 3q. :.. ` G/ A• 32.44' .0 •�4 O Survey Line • *h • D• 32•440 ,n 6s4i __ N45•E _ seo.,o' R• 1372 62' • yo.••'• ,'':"-^-t! 350.I' - �� T • 403.14 o I.S:.:i gyp' 3,13 L• 784.22' '/3s67 536•,9'w ac ,3T'29 W 35 Hq / 61.56 RR/S i W *Al' I • / CO i Gq 1. • 5�_N BLOCK 9I POM��j /7 '.VESTON -- / co Ghoou Rd; LOT 11 BLOCK 9 • REEK i� ��� \ 1 LOT 31 LOT 30,..w/ -61 ® City of Friendswood I Toking 0.395Ac.(17,237 SQ.Ft.) ®Honda M. Scule,et ux / I M PERIAL O Remoinin9 Tokinq 0.86 AC (8.087 So Fl.) ,n Deed Remo.ninq E STATES o Vol.1791 Poge 194 E3serr.ent Vo1J791 Poge 187 -g FRIENDSWOOD SUBDIVISION . ri Vol. 238, Poge 14, G C.D.R. • 1, SECTION I N SARA MCKISSI CK j I A-15I • j E i Q e ,L1 2526471 a®Pvf t-b ``l 8�� e for/IL - yl1N 1990 ��:- Lacr�i� Count :� '-.J ' 1 RECEIVED t�' �� ,�% �Y�f FRIENDSWiOD / ;CilYNCRETARY ,>J r ccinct Ono �/ q� EI Franco Lee, COMMISSIONER (13 1001 Preston Ave. Houston,Texas 77002 June 21, 1990 >-\7 713/221-6111 • t Mr . Terry Anderson, P . E. k1)) County Engineer Building / ATTN: Mr . Ricky Rivero REF: FM 2351 Right of Way Tract No . 8 Dear Ricky: The City of Friendswood is undertaking steps to acquire right of way for the captioned project . In the course of this action and in researching various deeds, the City has found that Tract 8 is owned by the same party from whom we purchased the Randolph Park property. In this regard would you please take the necessary steps to coordinate with Right of Way and determine if FM 2351 Right of Way Tract 8 was or was not included in the acquisition of property for Randolph Park? Also, if it was included, how was it funded? If possible, I would appreciate a response by July 5, 1990 so I may advise the Mayor of Friendswood prior to their July 9, 1990 Council meeting. Very truly yours, )/,„-, dog /' *,,,7,,A9e- Charles M. Wilcox, P . E Project Superintendent CMW:al cc : Mayor Paul W. Schrader Billy Owens Paul Mauricio AGENDA ITEM 7 City Council Date: �7 LLL -, —------Approved j Denied AREA OFFICES .' SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 _^.,,. , v 5iPl Ei �� -� Y.x �-D JAN 19�?r ti D N lr. I^- �` ! „ RECEIVED N i n RECEIVED u �'`'' �', CITY OF FRIEND:W.^' THE COUNTY OF GALVESTON CITYSECRETARI' RIGHT OF WAY DEPARTMENT 120HI COUNTY COURTHOUSE ANNEX ROOM 118 CC: M & CC GALVESTON. TEXAS 77550 CfTY MGR. January 3, 1990 PAUL D.SELMAN.SR/WA (409)766-2392 CHIEF RIGHT-OF-WAY AGENT (713)337-3585 EXT.392 Honorable Judge Ray Holbrook Galveston County Commissioners' Court Galveston County Courthouse Galveston, Texas 77550 Re: F.M. 2351 Limits: F.M. 518 to I.H. 45 Galveston & Harris Counties Gentlemen: Galveston County Right of Way Department recently received Right of Way Maps and Field Note Descriptions for the above referenced highway project with authorization to proceed with acquisition of Right of Way. Galveston County's portion of this right of way project is from F.M. 518 east to Clear Creek (Harris County Line) for a total length of 1.053 miles. Existing F.M. 2351 from F.M. 518 to I.H. 45 is a two lane roadway with rural open ditch drainage. The existing right of way width in the Galveston County section is 90 feet with the exception of varying widths in the vicinity of Clear Creek. The proposed highway improvement will include an urban four lane concrete curb and gutter facility with turn lanes. Seven parcels of land totaling about 0.742 acres will be required in Galveston County, in the vicinity of Mary's Gully and Clear Creek. If you are agreeable, our department will begin the right of way acquisition process. County funds for this Right of Way Project will come from Fund 106-408000-647000-00000 (Flood Control & Hwy R.O.W. ). Yours very truly, Paul D. Selman PDS:cf cc: Mayor Paul Schrader, Friendswood Commissioner Wayne Johnson a PERRY AND AUSTIN LEAGUE A-20 A-55 ENO PROJECT (S2837(I)A END CONTROL 18 3 STATION 37+48.84 COFFMAN AND HOIDALE SUBDIVISION .84 BEGIN PROJECT (SU2837(2)A) Vol 3, Poge 6, H.C.M.R. G BEGIN CONTPnI 1944-1.4 RECEIVED JAM 2 1990 FFICNOSW00D CITY LIMIT LOT 61 1,218.65' N 5.00'E Curve Data-E P.I.Sta 51.69.57 Curve Data-Prop Lt. R.O.W. Curve Doto t P.I.Sto.64.28.36 1 e A•32'44' A• 32.44' 0•13'00 oh D• 4.00' D• 3'50'21. R. 1910.08' R• 1432.69' R• 1492.69' T • 269.58' n T• 420.76' T• 438.39' 0Erin Boin Janes, el 0l L• 535.56' in L •818.33' L •852.78' Toking 5.749 Ac.(Including k331 Ac_ in Exist.Rood) Remoining Right LOT 1 o•'y Erin Born Jones,et o1 Remaining Left m • i' CO2 Toking 1.238 Ac. Dccd CurveDoto-Ig PI.Sto 38.50 y Remoining vol.7269Page 103 A•16'00'-L. w Deed 8 2.78' Curve Doto - Prop. Lt R O.W. D•4'00' ID o Vcl 6238 Poge 608 Prop. R.O.W. Lee •�--� e• iv 04' R•1433 69 -_ 1 R• 850508' L•400.0 „� y '50- 55, T• 518.7 9' For Detolls CL o. • _=�__ \ r See Sheet No 4 �' S679 553 4 E t, N 784.22 e N 4q•f 0 • H(-RIS�ITS O y°'90S9�• E A9•�wy 23StOp' �lie� Prof. R.O.W.Line �. �. I CO'�/Cj•7ZE. . M82'� FM' $29• ��^� �'00 E+i y o 0 61.85'' '38.r5"Nhe t .7 ';N6 �44.5z y,.t5 PtoD-d�48gt <,e • ? \\7ti.,_ st RO it Lme 8�9 ate Rd B survey Line IA . 2s�N4- o1, N33•I7•E ~„e/9g ,pO� vPj Curve Data-Prop. R.O.W. \ �94. I' N4 •40 in�N' 00 ;.• C / A• 32'44' 65• 0 724'59• (o.•4 22 . 40• Survey Line �� �t,5� D• 4.10'3U• Survey Line 1141. 8• o rn 6541 • N45'E__ SB0.10' r410 T • 403.14'�• Zl N 350.1 s�—� Exist R.0 W Line — 50.•• j-�w 4620' 3.13 - \ L• 784.22' Prop. RO.W Lira 48Z47 N45'40'E ,n 236.62 S56•,9.4• - 537•29 W iv i �se.ar W r5p92 tgl.5fi S 1 Curve Doto- Prop.Rt.RO.W. �+ e• 14•10'37' o L0T t I 5..er . Gilt V, Co i 1 0• e 0 31 c\ v' BLOCK 9 PIon1 $To R• 1970.08' C L-,�// N / R 1 T• 244.98' O J r Choose Rd .4 EEK D CO2i Takingcr N352'Ac.c s =// LOT I I BLOCK 9 \ I Deed o 1 Vol.6628 Poge 61 • 60' . LOT 31 LOT 30,..e7 ® City of Friendswood m Taking 0.395Ac(17,237 Sq.Ft.) ®Horold M. Soule,et ux 1 SHERMAN PLACE SUBDIVISIO I M PE RIAL o Remoining Taking 0.186 Ac (8,087 Sp.Ft.) • Deed I Remoining / BLOCK 2 , LOT 4 - E STATES sr Vol.1791 Page 194 Easement / Vol.69, Poge231,H.C.D.R. inVo1.1791 Poge 187 / LOT 3 FRIENDSWOOD SUBDIVISION ai rri Vol. 238, Page 14, G C.D.R. THOMAS CHOATE LEAGUE SECTION I a c' > SARA MCKISSI CK . LEAGUE A 12 o A-151 BLOCK 2, LOT 5 2 R<�is.J 7-14-G7,add rtts rd.n� P-ru120 •-••• ••'•" Redsed 5-19-1965 •••••. srunn. • su tn+vl. 5 Porch Np 17A 8 Added Patel NO 22 Stole I••I00' -- "`•" •' -• .___ .___-__ __ - __ •12, Goviwe.xbrif 194�21113g4fhen unt [arri Coy . „, , ,,, ,, )iccinc Onc El Franco Lee, COMMISSIONER 1001 Preston Ave. Houston,Texas 77002 713/221-61 March 22, 1990 '�'�Q31 2,j 4s ti APf� '990 ° The Honorable Paul Schrader Mayor, City of Friendswood LSD NtE JVEO o 109 Willowick �, Ep s*e Friendswood, Texas 77546-3898 l aio 0 c. ; REF: F.M. 2351 Improvement Project .LI & CC Dear Mayor Schrader: CITY MGR. Your letter of February 21, 1990 requested Harris County assume responsibility for right-of-way Parcel #8 for the captioned project. Available information from the Stat Department of Highways and Public Transportation indicates t s tract is a 0.633 acre segment with a current value of about $50,000. As we further understand there are no pipelines that requ' e adj ment. Precinct One has established a policy in regards to your request for assistance, as well as, requests from other cities on the proposed F.M. 2351 and F.M. 518 State projects. This assistance is in the form of funding each request by a loan to be repaid on the basis of individually agreed terms and interest. The purpose of this assistance is to cover unexpected budget shortfalls resulting from errors in estimating right-of-way values by the State in early stages of the project. The cumulative amount available under our policy has been set at $150,000. The purpose of this program is not to pre-empt the City's obligation, but assist as we can. - You also addressed the funds for this project as set aside in the 1987 Bond Issue. That set aside was to cover the counties anticipated costs for right-of-way and utility adjustments outside local city limits. A portion of that bond fund constitutes the set aside mentioned above. The current estimate for the counties share for this project is $1.2 million. We estimate at this time contingencies and assistance requests will increase this amount up to the maximum funds approved by the voters. I might point out in passing that no bonds have been sold to date from this issue. AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N. Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 • • I hope this letter adequately explains our position on this issue. If you wish you may contact Mr . Chuck Wilcox of my staff and arrange to have our interlocal assistance agreement prepared for the Counties loan to the City. Should you have any question in this matter please do not hesitate to call me. Very truly yo rs, El Franco Lee EFL:CMW:al cc: Bruce Austin Terry Anderson • • 1.� • PAUL W. SCHRADER �•ra a Mayor 41 .„0. � r f,±�`.�>..;0 Council Members �!... '•�-.• •• LiLy of9'tLEj2cLwjoocL RON RITTER • t�M a•'s. V'. ROBERT WICKLANDER �: :'.\ ` �:; `�.+ EVELYN NEWMAN �,� ` �/� 109 WILLOWICK 713/482.3323 ED STUART JAN JORDAN FRIENDSWOOD, TEXAS 77546.3898 A. FRANK FRANKOVICH ANNETTE A. BRAND i "Rik City Manager �.. DELORIS MCKENZIE. CMC `, City Secretary 4".`gI �t/�( 2 0' ''_____________--------- i7 i�/ February 21 , 1990 The Honorable El Franco Lee Commissioner Harris County Precinct One 1001 Preston Houston, Tr, 77002 Re: FM 2351 Improvement Project Dear Commissioner Lee: We appreciate your interest and support of the FM 2351 Highway Improvement Project. The upgrading of this roadway is important for efficient transportation for area residents . It is critica for the safety, of Clear Brook High School students , faculty and visitors as well as those who utilize Frankie Carter Randolph park. Construction of a new bridge at Clear Creek is a significant element in the Clear Creek Flood Control Project and drainage of the South Belt/Sagemont area. It is essential that this project move forward without delay. In order to fairly and quickly resolve the right of way question raised by Chuck Wilcox, I propose the following action: 1 . The City of Friendswood will be responsible for parcels #7 and #9 . 2 . Galveston County will be responsible for parcels #4 & #5 . 3 . Harris County will be responsible for parcel #8 . • It is our understanding that Harris County funds for this project were approved by the voters in a 1987 bond election. Friendswood and Galveston County are prepared to move forward now. I hope that Harris County will agree to this proposal and will promptly fund the project to avoid any interuption in the project. Please contact me if you have any questions . . rel , a I W. Sci rider t:ayor cc : CCISD Board of Trustees Mr. Jerry Sommerford, Principal Clear Brook High Jess Dorrington, Safety Director Mr . Paul Selman, Galveston County Right of Way Agent :lap attached PAUL W. SCHRADER •i`�► N, Mayor Iffir �`_.v.,�,wi .•Q Council Members £?LLy O ` T / CCLATOO RON!�'�r +."�*"'c`'�je; ^l G G. L. ROBERT WICKLANDER ''` :' s"F EVELYN NEW MAN \ .e::*-: ir:-. i �:.y` ��r :.r.. 109 WILLOWICK 713/482.3323 ED STUART JAN JORDAN FRIENDSWOOD, TEXAS 77546.3898 A. FRANK FRANKOVICH -i• ANNETTE A. BRAND ZBt City Manager r P?-1) r�, DELORIS McKENZIE, CMC At. City Secretary 27jt 3 February 21 , 1990 The Honorable El Franco Lee Commissioner Harris County Precinct One 1001 Preston Houston, Tx 77002 • Re: FM 2351 Improvement Project Dear Commissioner Lee : We appreciate your interest and support of the FM 2351 Highway Improvement Project. The upgrading of this roadway is important for efficient transportation for area residents . It iscritica for the safety, of Clear Brook High School students , faculty and visitors as well as those who utilize Frankie Carter Randolph park. Construction of a new bridge at Clear Creek is a significant element in the Clear Creek Flood Control Project and drainage of the South Belt/Sagemont area . It is essential that this project move forward without delay. In order to fairly and quickly resolve the right of way question raised by Chuck Wilcox, I propose the following action: 1 . The City of Friendswood will be responsible for parcels #7 and #9 . 2 . Galveston County will be responsible for parcels #4 & #5 . 3 . Harris County will be responsible for parcel #8 . • • It is our understanding that Harris County funds for this project were approved by the voters in a 1987 bond election. Friendswood and Galveston County are prepared to move forward now. I hope that Harris County will agree to this proposal and will promptly fund the project to avoid any interuption in the project. Please contact me if you have any questions . rel , ,f w. Sci rider ,:ayor cc : CCISD Board of Trustees Mr. Jerry Sommerford, Principal Clear Brook High Jess Dorrington, Safety Director .:r. Paul Selman, Galveston County Right of Way Agent tlap attached ! . --0 3" E )14'13" E 0.57' T I( EXISTING R.O.W. LINE "-•S T . . . . , . - - i .- t F.M. 2351 .--- . I 45-.00 0 4 N 254955" E -4 i . ‘ 3" W.L.'` . w- . - -or Cr) EXITING 05. - r•-. 0 . — to \--------;"-----_______. ... •• : 0 Nt 8"F.M, up cv 0 • 05 p.r)_ N 25°49'55 E 6 OW. L I NE ----.\ =aCt ca`•1 9 57.3 l ------'2 °- 8"W.L ,1- . $ 2.154e04.9;:.5" Yi 4'x 4" .----1r; c74. ,_... ....:.:20..., o ,cr — '------- 0 0 ENTEX .....---.!Ii--:,.,:oee."' -"•.• .. \ti. 170 . -\') z"G• -1 L.ENTE. X --;)c) - ' '3•9/3 •i<-'1I--..--; "...4-°!°"..P e:A.5 -• ." 8"W.L.--' . .-q- v-i ,...1.•01--- , 7 ,_ ' -- - •••e"''' NH x-., 't.0.61.PARCEL 9 - " 040 50 . . ...., S 0 v.4 \,..114E• X•3,2i39,682.66 --- ,... .1,141 • OS F•C)' . 443 1",,C's. \VIC,• Y641,279.70 3 3. • t ' . kpg()P 'Z.- 00‘) 1 . . 14‘‘AE" 6 • . \3 10 . .- ., \iE ---) 5. 591 • -__ . . "5 CI S 07°57'5 5" \W s ---.._. . • --- 4' 1) . • v • -, • — i r /../NE. \<\ • : ". : :,— i.... ..-•,,: :r— ' — ._1! -:: ii•-• . . . ______,... /--"----"---"-----------------"N er 41 s • cv �i 6,5 16'54, ' E -f- 1G• Cp9 R,` " RUPPERT S . RANGEL p` N LOT 21 \ 30.g5 � c 0OA 9p�y�c� s • P.N.G2 g C. 14l_8J N C.O P 9_c ? F?Sq� OST F` �H7.�43- Es R/S\ FOy '• ��5 AFL ? pR0 CO g6• CO 1 P !� F (i j � 0 7`5\ r N 3 °5ED R-a,�'. yT r �l3 FT}- 19.42' , , 7 S • ^Y,_ - 9 l2 43 E l2Z98, LINE- lg'34'4'5. TJ 19-34'45- E Y - s. 1 •• W �` - .q7. • __Q-0-ii---• ►�� Q S 558 3547" tq 7. AND - „--. `s gj; ;� �, ,• - =`�' y,„ r _� i.. , h it7---,• 1 s- N fi3'SQ'13' E g_ �. 41��. = ^1! 3� F 30.87' P ..' '-az., .:-`z ,1a :::.-. :'- -�T t' "" 1 N 79'14'13' E O �- '� +�� \4. S ry29'S4'20' W 284.79' —�- T :.� FNg. D • S 25'49'55' W .,;. -------,7.... 56.87' ts- cvj cv o6oNC flN _ +: 41408.73 _ 02554 ' 111.58' 1. +n g�N�.a 40 001/4fDrX4,C 41.33 di en. .06; rofsr �No.,:a 41+14.51r.g , o �0 92.5Tg9g3-� P.T. STA. 4Q-2 .732 155.84' .SUS� 8•• w.L.N ij EY �IvE' OO -T .S3 �Q� p2 cooY. 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[./NV 2F- 1,51.42' ' 122.9 t 9'34 45" N ti 9•3 _ ---- , � — - , 35' 4` k t f �-� - � ; — N B3.50'13' E 01'3 CQ 4 ._ _ s 30.87' ,,,31..Q E �C Jlgp ? .3°,:� ' "-ter .. s ,. _` ��``► `+ i `�� � �.. .� -.- '- �'3a '.i�'�4"^+G 4 Ytf: 0:.4"=• .�!��•ly`.��- .+a,;j�•� '� . 0/ p `F "-- .. --'' ee.; �a ;_„° .,,,-- -MYt+ :-- ' as"- ,;�� l N 79'14'13" E 54' W .79 '-- T ...�"�c"�-..'::=zogle :.,::�. ...,. .- 4. S 25'49'55' W �.` CON•1. 56.87' �2$S C MON. - K I N O r 4 41.08.737d I ti 0 r �`sr i9 is r'Cr)Nc..-0 40-00 • t k �� gas 43-E • _p _ 1 N `n of S(1 P.T. STA. 40.22.73 41+14.51 41�33.06 S3,p_ r i co RfI�}•`�'ii, f 55.84'. 92.57' . 8 W.L . CO��yTY 8 F.M. a aP. 2•' 0 G. v �pQ8 �, ` :4•.� N 8 m ti _ Y 6'Icg2O9,41FL S g a\'�`'�,T• -` fir .1t�� 4 - 534,g2'`� __ ,s CQJ 0,45j 23 8 8 T -. 2.68'96. f� 17" E • 0'E 3- E '7' (9'14'13" E 40.57' rISui NG R.O.W. LINE T .' T R q. F.M. 2351 45-00 � N 9.25'4 '55- E t I } r it ' 3s l • cao t. r� o 8� w.t_.� -Kr 47:11 o ••• 0 EXISTING WI `rn° M 8''FM. ° o ko• R.O.W. LIME -� N 25°a955 ' E in o . 2"G. 9 57.31 2 G: co to. 8•' F.M. in FN0. •0 ,r o . a.. 8 W.`/ v �' ^•; :��. L� S 25°49`55" vif OOVTI OOUN1 v o sr Fi _ C 0�lC.MON. .a°'= 3•';W 8"W L .RR%I0� 0 ENTEX fig$98 O9°58� �� At-v 2 G. E NTE X -%� PL'.MKR. °�Z'�5 �=�` ' M 0. 3 X 3 9,582.66 PL.MKR. v • N . •50' Vt 134.2 S V5 R.0 W. LINE 4q�3 AG5- LNG= Y=641,279.70 '� dpOSED E10DI ' 1 - PR 6' 0R016 . ` S 75°VI`48N'K _ 1NE 5. 59' S 07°57'55" w 49.34' ��� sUR vcy UN� • ar � County� rl ,. „ Driccinct Onc El Franco Lee, COMMISSIONER 1001 Preston Ave. Houston, Texas 77002 713/221-6111 DEC 1989 Q, RECEIVED 4 December 18, 1989 CITY Of FRIENDSWOrL �o O Croy SECRETARY c, coO The Honorable Paul Schrader Mayor, City of Friendswood CC: M & CC City Hall CITY MGR. 109 Willowick Friendswood, Texas 77546 RE: Right of Way Acquisition FM 528 and 2351 Dear Mayor Schrader: This correspondence is to correct the date of the captioned meeting noted in my letter of December 13 , 1989 . The meeting will be on Thursday, January 18, 1989 not January 14 , 1989 as noted. All other information of the letter is correct. Very trul yours, El Franco Lee EFL:CW:lrm AREA OFFICE MAINTENANCE AREA OFFICE 5737 Cullen Blvd. 6702 Wlllardvllle Rd. 3701 Calvacade St. Houston,Texas 77021 Houston,Texas 77048 Houston,Texas 77026 713/221-6119 713/991-6881 713/675-0004 /1-42;72 A i jaAi 47 /4' /9?V /->1752P 2 5 /)f---z-b---A/.1 ,o,i/c49-- i i.57: 4) ,E'el9 AP6 _',.s /7-7t2A2 __, --ii.ewi/.4 9 4. /1/7-772",-< ,g,s-s 0 cd-ie,,97e,ti 7 r:g a v AA--7-. ChAkex. 2e4Z- r 5 i✓ / 59/dr'J _ •/ uL H-z,,-D e)- G. rcr vr� r d s ckro-0- 1-$L-- 3 3 Z 3 _ _ . /4nr2eJe- ava/1d �n'-� i-t, oP 1=r ;coos co, - `sA-33 a3 I Z2 - 0 RI c 1 Y v c n—o -1)-_L . _ L�4 R.. _ .�t P T.. / 70 . 2 :Z-27,_4)4'4,%—<;007t1 h/C gizl, y At ,c7c:2/--cia , ,- A )-7& _L4, _,a/#,''.) z47_/ /2- e%' -,e/- k/7 17/ --,S .S' -T , 4e4y _ ev __ &IP L . "Qoc-`_ 64t6 33dt-3`-i I /6 A/6-4‘)/.-t) (.4 /( -4 - CA-, 53> --/kJ'A p ,3h 1- A//er7 J /iPT e67- s 7a/ JI M Pierce_ SDI-1 PT- 86,7- Sze L/ teealeS C fly or- iierr/ 6. 6-nii/leer/I-I Z 22/- ?oir • Date : February 12 , 1990 To : Mayor Paul Schrader fY`r' From: City Secretary , Deloris Arche Upon your suggestion that I delve into "Miracle Mile" Subdivision , now known as San Joaquin , that was proposed in early 1980 , I have located the following information : 1 ) Miracle Mile Subdivision ( Plat of this Subdivision was never filed for record with this City , Proposed Land Use Plans are located in the city records) 2 ) Re-Zoning for Miracle Mile Subdivision ( Proposed May , 1980 - Minutes of CC Meeting 5-12-80 attached ) 3 ) Re-zoning Recommendation from Planning and Zoning For 144 . 04 Acres to R-3 55 . 23 n " R-4 n 72 . 89 " " C- 1 ( Proposed Commitment from the Developer of a 20 ' Minimum Width Green Belt Along FM-528 and 40 Acres for Parkland Minutes of CC meeting of 5-19-80 attached ) 4 ) Council consideration was to deduct Green Belt and a 10 Acre Tract which the developer proposed to donate to the City for a Civic Center from the total C- 1 area , resulting in the rezoning of 57 acres of C- 1 , to reduce the requested R-3 requested by 25 acres , thus rezoning 119 acres to R-3 instead of 144 . 03 acres , to let the 55 . 23 acres of R-4 stand as recommended . Council directed Re-Zoning Ordinance to be written (Minutes of 5- 19-80 attached ) 5) First reading ( 3 ) rezoning ordinances Miracle Mile - all passed . ( Ordinances required 3 readings at this time ) ( June 2 , 1980 ) 6 ) Second reading of rezoning ordinances tabled per request of Developer . 7 ) Second Reading ( 3 ) rezoning ordinances - passed . ( Minutes 7-7-80 attached ) 8 ) Third and final reading rezoning ordinance - passed . (Minutes 7-21 -80 attached ) *During reading of Ordinances , no mention of Green Belt or 10 acre tract for Civic Center as Council discussed on 5- 19-80 . City Deed Records , Plat Records , Subdivision Information Files , Planning and Zoning Minutes , Planning and Zoning Information Files and Correspondence Files have been researched with no record being located that this donation of property occurred . There are numerous references made to the 10" Green Belt , Park Grounds and Civic Center , but no Letter of Commitment , Deed or Declaration can be located . Councilmember Bob Wicklander was Planning and Zoning Chairman at this time and remembers a letter of donation from the developer with a deadline for acceptance which he remembers was never executed . I do not have record of this letter . Possibly some Members of Council could expound on this transaction which would shed new light on this old subject . It appears the only source to verify "IF" these properties were set aside , would be to plot out these parcels of properties using legal descriptions attached to the re-zoning ordinances . In as much as this property is of subject at this time and this project would take concerted effort from our Community Development Department , your guidance would be needed to go further . Please advise as soon as possible the direction you would like to go with this information . cc : Councilmembers City Manager • - CC: M & CC CITY MGR. City of Friendswood Office of City Secretary To : John Olson Date : May 2 , 1990 City Secretary From: Deloris Archer /�� City Secretary Qi Please prepare document conveying properties from the Dawson' s to the City for Right of Way on FM 528 for the highway widening project . Attached for your information, you will find metes and bounds for this right of way as provided by Paul Selman, Galveston County R . O.W. Department . These documents are a priority for the City due to the proposed development by the Dawson ' s . This commitment was made to the City in the early 80 ' s but the City never finalized the necessary paperwork. Thank you. Attachments : cc : Mayor and Councilmembers Annette Brand , City Manager Jimmy Thompson, Community Development Director ( copy of metes and bounds) Paul Selman, State Highway Department : 900502. a DA/jt . . PAUL W. SCHRADER 7•� 7... Mayor -`''��+���`.=: •� I EDER e2Lt O 9'u..E1zdwood' �`'+ ROBE \+; '' '`�''� �1 EVELYN NEWMAN i•'''4` k '�' i!' 109 WILLOWICK 7131482.3323 ED STUART u ., _ Ri FRIENDSWOOD, TEXAS 77546-3898 AROLD RALEY / A. FRANK FRANKOVICH RONALD E. COX 181 City Manager ; � DELORIS ARCHER, CMC 13 _ =•S`y City Secretary December 19, 1990 Chuck Wilcox Project Superintendent Harris County, Precinct One 6702 Willardville Houston, Texas 77048 Dear Chuck: Please find attached copy of Special WArranty Deed in regards to NCNB Texas National Bank, Trustee of John L. Jones Trust for your files. Do not hesitate to call if I may be of further assistance to you. Sincerely, 424g7V4.0 eoris Arc er, CMC City Secretary DA/jt Attachment: PAUL W. SCHRADER ^ ff �'�*;• y Of 9cuooct Mayor ( - d•��, •'r; 1 ` Comarnembem ROT RITTER ,.n• � ; .�� ROBERT WICKLANDER �:. ...�:\ .. i `N EVELYN NEWMAN ` !:" `i':• ED STUART �, `+ �,. ;. 109 WILLOWICK 7131482.3323 HAROLD RALEY 1 FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH ..- RONALD E. COX 1©l City Manager ..*• c DELORIS ARCHER, CMC .. r .tt0 city secretary December 20 , 1990 Mr . Milton Dietert State Department of Highways and Public Transportation Post Office Box 1386 Houston, Texas 77251-1386 Dear Mr . Dietert , Please find enclosed , for your files , a copy of the Special Warranty Deed in regards to NCNB Texas National Bank, Trustee of John L. Jones Trust . Do not hesitate to call if I may be of assistance to you . Sincerely , D to is Arc r , CMC City Secretary DA/ema cc : Jessie Salinas Dwight Allen Attachment : 1 PAUL W SCHRADER �'` : �, Mayor `� Mayor tiers << -�`'`•��� � RON RITTER E.,. _ . Cliyo 9��End6.�oo'' ROBERT WICKLANDER ' •�t EVELYN NEWMAN . ` �; '`�' 109 WILLOWICK 7131482.3323 ED STUART • �- ` HAROLD RALEY FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH I RONALD E. COX City Manager ZBl ' DELORIS ARCHER, CMC ' - ri_,-�1 r" City Secretary December 19 , 1990 Clifford Doss Right-of-Way Department Harris County 1001 Preston Avenue, #f692 Houston, Texas 77048 Dear Mr. Doss: Please find attached copy of Special WArranty Deed in regards to NCNB Texas National Bank, Trustee of John L. Jones Trust for your files. Do not hesitate to call if I may be of further assistance to you. Sinc ely, e MC to is Archer, City Secretary DA/jt Attachment: , . State.Departraert of Highways and Public Transportation } SPECIAL WARRANTY DEED Rom D-15-141 94--62- 1602 • Pagege f off4 4 Rev.3-86 M915711 DEED THE STATE OF TEXAS X 11/26/90 00758920 11915711 $ 1900 I COUNTY OF Harris X KNOW ALL MEN BY THESE PRESENTS: That, NCNB Texas National Bank, Trustee of the ,lnhn L Jones Trust, Barbara Groves Paschall Trust, Otis Rain Gary Trtictc , Sue Paschall Trust, Charles E. Paschall ,Jr. Trust, and Barbara E. Paschall Trust (Grantor herein) , acting herein by and through its duly authorized officers of the County of HARRIS , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Fi ve thousand and 00/100 dol 1 ars Dollars($ ,000-00 ) to Grantors in hand paid by the State of Texas,acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed o implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in HARRIS County, Texas, more particularly described as follows, to wit: EXHIBIT "A" AS DESCRIBED IN EXHIBIT "B" attached hereto: EXHIBIT B - Page 1 • \(:\ October, 1988 c:c Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages FILED FOR RECORD County: Harris 8:30 A.M. Highway: F.M. 2351 Project Limits: Fzou F.M. 518 NOV 26 1990 To 1000 Feet NorthPast of Clear Creek C.S.J. : 1844-01-021 a&./.&414.4,404, Field Notes for Parcel 8 County Clerk,Harris County,Texas Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre resin e of Lot 61 of the Hoi'ar'.- andCof.aan Sub-'ivisian, a I subdivision of record situated in the Perry and Austin League, Abstract b. 55, Harris County, Texas according to the map or plat thereof recorded in II Volt one 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 GTE being the same land described in deed dated July 19, 1937 from Sallie N Shepherd Perkins, et al to John L. Jones, Jr; an recordedin Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one C77 ac;ie of land, more or less, being more particularly described by metes and CD bounds as follows: W COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner c muu:r.�n to Lots 20 and 21 or Enchanted Woods a subdivision of record il-ia-r-Crl ;n ;ri ri.-"-.' ......A 4.--L1-_ . --__-- - - . State Department of Highways and Public Transportation Form D-15-14 Page 2 of 4 Rev.3-86 1709I -29-�6I. 'I94-62- 1605 • EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisicnr thin contract, Seller 1 11 b only of •. •:•.�:...na.b, shall be obligated ui ily to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he wi1i not ?n^ure any In_, from NCNB Texas r . i '- affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDS'WOOD FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS, acting by and John L. Jones Trust, Barbara Groves Paschall Trust, 0 is through the State Highway and Bain Gary Trusts, Sue Pascal] Trust, Charles E. Paschall, Public Transportation Commission Jr. Trust and Barbara E schall Trust. 13Y: o R. Powell, Vice President P UL W. SCHRAD R, Mayor7of Friendswood Date: /0-/9- 90 BY: L6C2-14434/11C1. William F. Ellis, Vice President Date: /Q - / 9 �o tmerd o and PubIf Trans o ation Highways 'I 94-62- 1606 and Pubb�i Transportation ,Form D-15-14 Page 3 of 4 Rev.3-86 PARCEL 8 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: NONE Grantors covenant and agree to remove the above-described improvements from said land by 19 , subject, however, to such extensions of time as may be granted by the State�in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of'Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, and under us, but not otherwise. IN WITNESS WHEREOF,this instrument is executed on this the / 9 f—!' day of Sev.tentoewOci~ober, 19 90 . NCNB Texas National Bank, Trustee, Barbara Groves NCNB Texas National Bank , Trustee of the Paschall Trust, Otis Bain Gary Trusts, Sue Paschall John L. Jones , Trust -e� Trust, Charles E. Paschall, Jr. Trusts and Barbara E. Paschall Trust By' Y-41:e/A:(34--01J BY: 4 William F_ Ellis, Vice President William F. Ellis, President rip ffic r e Lam/ ACKNOWLEDGMENT J hn . Powell, Vice President John R. Powell, Vice President THE STATE OF TEXAS, COUNTY OF BEFORE ME, ,on this day personally appeared known to me(or proved to me on the oath of ,a credible witness,)to be the person(s)whose name(s)is(are)subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19 Notary Public,State of Texas My Commission expires on the day of , 19 State Department of Highways and Public Transportation Form D- 160T Page 4 off 4 �I 4 Rev.3-86 0����_ CORPORATE ACKNOWLEDGMENT J THE STATE OF TEXAS, BEFORE ME, Al 1 i ne Barbee COUNTY OF Dallas on this day personally appearedWi 11 i am F. El 1 is, Vice President and , John R. Powell , Vice President ,of NCNB Texas National Bank known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said NCNB Texas National Bank ,a corporation,that he/she was duly autho- rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated.�, �-etL GIVEN UNDER MY HAND AND SEAL OF OFFICE, This/ day of C-74- e-g'/(---- �r A.D. 19 /C. Notary Public,,State of Tex sPp T;;\ ALLINE BARBEE `S io �p,�����a� NOTARY PUBLIC �;C � STATE OF TEXAS, My Commission expires on e • ay S eT I !'. �� My omm. txp.6'8-% to 0 .52 0 1 C.) a. t~ to ,� A 1 U ti W o A Q •o 0 A w X o 0 ow '� rn c W o !~ x .: F W F w z 0 a w ¢ �z z A o E, 5 F 0 Z 44 W ~ . a) a' I. H a g x m as o o aD 0 bp ° A 0 >1 U Z U Q 44 F Q F Q GQ CERTIFICATE OF RECORDING THE STATE OF TEXAS, COUNTY OF • EXHIBIT B - Page 3 194-32- 1608 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT B Page 3 of 3 Pages 13.) THENCE, NOR' 19°34'45" Fast, continuing along said northwes1-mr1y right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of land, more or less. (All bearings are 1-1. sed on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SEHPT factor of 0.9998700) . . EX•HIBIT.B - Page 2 I94=62- I609 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of 3 Pages 2.) THENCE, NORTH 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4. ) 'THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following uses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SCUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33 '47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12. ) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rad with SI -LFT aluminum disc set for corner; R8OOROER's MEMORANDUM ALL QLACNOUTS,ADDITIONS AND CHANGES WERE MG1iENi AT THE TIME THE INSTRUMENT WAS FILED AND RECORDVD. • 194-62- 1610 ANY PROV;SION HEREIN ONO RESTRICTS THE SALE,RENTAL,OR USE OF THE DESCRIBED RF AL PROPERTY BECAUSE OF COLOR OR RIM INVALID AND UNENPURCFAKE UNDER FEOERA;Oa THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File kumber • Sequence on the date and at the time stamped hereon by me;and was duly RECORDED,in the QffiCi3I OtiIIIIC Records of Real Prcperty of Harris County,Texas on NOV261990 �`NA•• :tom ... 4 4,,, COUNTY CLERK, '' * HARRIS COUNTY,"(�.XAS • kt -4---- CITY OF FRIENDSWOOD • Attn:City Secretary ` 109 Willowick Frundswood,Texas 77546-3898 psW� - �.e�, oo„, . eL of 9' Lndujood • ;gat ,C,y. 109 WILLOWICK (713)482-3323 'fiv� ''r FRIENDSWOOD, TEXAS 77546 - 3898 i®l .. 'ltta AK November 8, 1990 Harris County Clerk's Office Harris County Courthouse Post Office Box 1525 Houston, Texas 77251 To Whom It May Concern: Please find attached two documents for recording from the City of Friendswood.and a check in the amount of $16.00 for recording of two documents. They are as follows: 1. Special. Warranty Deed for NCNB Texas Nat'l Bank, Trustee of John L. Jones Trust. 2. Notice of Lien for Forest Bend, Sect. I Pt. of Reserve B, Fernando De La Garza. Do not hesitate to call this office if you have questions regarding the recording of the above two documents. Sincerely, _ — ku/6 ee Aiiti e o l e t t ssistant to City Secre ry Attachments: -2 (jie,:e/W4i - A ' L./6 &1 State Depaitmect of iLighways • and Politic Transportation SPECIAL WARRANTY DEED Form D-15-14 Page 1 of 4 Rev.3-86 DEED THE STATE OF TEXAS COUNTY OF Harris X KNOW ALL MEN BY THESE PRESENTS: That, NCNB Texas National Bank, Trustee of the ,lnhn 1 Jones Trust, Barbara Groves Paschall Trust, Otis Rain Gary Truitt, Site Paschall Trust , Charles E. Paschal 1 ,Jr. Trust, and Barbara E. Paschall Trust (Grantor herein) . acting herein by and through its duly authorized officers of the County of HARRIS , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Fi ve thousand and 00/100 dollars Dollars($q ,000.00 ) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in HARRIS County, Texas, more particularly described as follows, to wit: EXHIBIT "A" • AS DESCRIBED IN EXHIBIT "B" attached hereto: EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: From F.M. 518 To 1000 Feet NorthPact of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of lard, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the 'Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to Jahn L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and hounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner common to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Vollm A 1t;1A line • EXHIBIT"A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not 7' cure any lo_r. from NCNB Texts Nlat!cr.ol t?on!: o:• en./ affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDSW00D FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS, acting by and John L. Jones Trust, Barbara Groves Paschall Trust, Otis through the State Highway and Bain Gary Trusts, Sue Pascall Trust, Charles E. Paschall, Public Transportation Commission Jr. Trust and Barbara E schall Trust. BY� R. Powell, Vice President P .UL W. SCHRAD R, Mayor 7of Friendswood Date: /C—/C1— 90 BY: ja:6:44147 William F. Ellis, Vice President Paschall Trust, Otis Bain Gary Trusts , Sue Paschall Trust , Charles E. Paschall ,Jr. Trust, and Barbara E. Paschall Trust (Grantor herein) , acting herein by and through its duly authorized officers of the County of HARRIS , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Fi ve thousand and 00/100 dol 1 ars Dollars ($5 ,000.00 ) to Grantors in hand paid by the State of Texas, acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in HARRIS County, Texas, more particularly described as follows, to wit: EXHIBIT "A" AS DESCRIBED IN EXHIBIT "B" attached hereto: EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: From F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner ccu uron to Lots 20 and 21 or Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13'47" East, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most PastPrly corner ccffmnon to said Lots 20 and 21; North 18°54 '13" East, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" Fast, continuing along said southeasterly line, a di stance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'4 6" East_ EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT g Page 2 of 3 Pages 2.) THENCE, NORTH 29°11'13" East, continuing along said southeasterly line, a distance of 91.42 foot to a point for the most easterly corner of said Lot 20; 3. ) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" East, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly riot-of-way line of F.M. 2351, the following courses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for Corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" East, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SIFT aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT g Page 3 of 3 Pages 13.) THENCE, NORTH 19°34'45" East, containing along said northwesterly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SEHPT factor of 0.9998700) . A State Department of'Highways • and Public Transportation Form D-15-14 Page 3 of 4 Rev.3-86 PARCEL 8 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: NONE Grantors covenant and agree to remove the above-described improvements from said land by 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of'Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, and under us, but not otherwise. 41 IN WITNESS WHEREOF,this instrument is executed on this the / 9 day of Sep-t-embo.r ,0 too 1Der, 19 90 • NCNB Texas National Bank, Trustee, Barbara Groves NCNB Texas National Bank, Trustee of the Paschall Trust, Otis Bain Gary T rusts, Sue Paschall John L. Jones , Trust Trust, Charles E. Paschall, Jr. Trusts and Barbara C.C�000 . E. Paschall Trust By' BY. talle4;,,e1,4 William F_ Ellis, Vise President William F. Ellis, President r,) ifficer 1-L ( ix— '/ J hn . Powell, Vice President ACKNOWLEDGMENT John R. Powell , Vice President THE STATE OF TEXAS, COUNTY OF BEFORE ME, ,on this day personally appeared known to me(or proved to me on the oath of ,a credible witness,)to be the person(s)whose name(s)is(are)subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19 Notary Public,State of Texas My Commission expires on the day of , 19 State Department of Highways and Public Transportation Form D-15-14 Page 4 of 4 Rev.3-86 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, Al l ine Barbee COUNTY OF Dallas on this day personally appearedWi 11 i am F. Ellis, Vice President and , John R. Powell, Vice President of NCNB Texas National Bank known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said NCNB Texas National Bank ,a corporation,that he/she was duly autho- rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This//--C�L day of (7C ,x-'- , A.D. 19L. Notary Public/State of Tel ;, ALLINE BARBEE st Il o NOTARY PUBLIC c rtSTAT OF TEXAS My Commission expires on t,e' _PA___�. : ay of Omm. txp.6_8{( m 0 +' U os a°5i c Q 0 A >C o o rz ° A H cn • o Q � ..0A W C 41 b ti el W O ° H a b Et W F Cal Z L. o v �. li z '8 A Q � w ° ° ,-9 0 &) F c t~ $ Z w w 0 g a a ° 0 x oaao E4 Cr) ° x o co 0 eD 0 0 o ;a A A >' U x U Q G. F d F Q CERTIFICATE OF RECORDING THE STATE OF TEXAS, COUNTY OF d goo tht4y of 9tLEncL 00 o tL wte., 4; • 109 WILLOWICK (713)482-3323 't't. � • / FRIENDSWOOD, TEXAS 77546 3898 1®k r n 5 • TEXA November 2, 1990 Mr. William F. Ellis Vice President N. C. N. B. of Texas 20th Floor of N. C. N. B. Plaza Post Office Box 831500 Dallas, Texas 75283-1500 Dear Mr. Ellis, We have received the executed contracts and original deed for Parcel 8 and are enclosing herewith our check in the amount of $5,000.00 for payment of this project. We are enclosing a copy of the executed contract initialed by Mayor Schrader. Thank you again for working with us on this project. Sincere k7, Evelyn B. 1;: a Enclosure: (2) EBN/ema cc: Mayor and City Council City Manager Finance ; 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES:—_NCNB Texas National Bank, Trustee of the John L. Jones Truct_ et al (Seller)agrees to sell and convey to State of Texac Highway Department (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY:Lot St Fxhi hi t R — MQteS andlock_Rounds description i a Parcel R Addition, City of Fri endswnnd , Harris ,County,Texas,or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 5 000 00 B. Sum of all financing described in Paragraph 4 below $ C. Sales Price(Sum of A and B) $ 5.000.00 4. FINANCING:(Check applicable boxes below) XXij A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Bu irst installment payment being payable on the first installment payment date after closing,the assumed principal balance of which mg will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable in present monthly installments of$ ,including principal,inte . i any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,th . ,med principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations im.•• • .y the deed of trust securing the note. If the total principal balance of all assumed loans va• • an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If • •: o der on assumption(ajrequires Buyer to pay an assumption fee in excess of$ in B(I)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above 90 in B(I)above or % in B(2)above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer.The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE TO BUYER: Monthly payments, interest rates or other terms of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to determine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ ,due in full in year(s),payable in initial monthly paymen •ncipal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ irst year(s)of the loan. NOTICE TO PARTIES: Before signin • uyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest, some have ments which may not be sufficient to pay the accruing interest,and some have interest rate"buydowns" which reduce the • rest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of$ ,bearing %interest per annum, and payable: ❑ I. In one payment due after the date of the note with interest payable ❑ 2. In installments of$ [ ]including interest[ ]plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. 0 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ ]including interest[ ]plus interest beginning after the date of the note and continuing at intervals thereafter for ye en the entire balance of the note is due and payable. ❑ 4. This contract is subject r furnishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapprov yer's credit is not given within five(5)days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby a es Buyer's credit report to be furnished to Seller. .f ny Seller financed note may be prepaid in whole or in part at any time,without penalty.The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing.If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof,this contract shall terminate and the Earnest Money shall be refunded to Buyer. 5 EARNEST MONEY: $ N/A is herewith tendered by Buyer and is to be deposited as Earnest Money with ,at (Address), as Escrow Agent, upon execution of the contract by both parties. 0 Additional Earnest Money of$ • shall be deposited by Buyer with the Escrow Agent on or before , I9—• 6. TITLE:Seller shall furnish to Buyer at Seller's expense either: ❑ A. Owner's Policy of Title Insurance(the Title Policy)issued by in the amount of the Sales Price and dated at or after closing:OR ❑ B. Abstracts of Title certified by an abstract company(l)from the sovereignty to the effective date of this contract(Complete Abstract)and(2)supplemented to the Closing Date(Supplemental Abstract). Unimproved Property Earnest Money Contract—Page Two (12-08-X5 • Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. 7. PROPERTY CONDITION:Buyer accepts the Property in its present condition,subject only to Exhibit A 8. BROKER'S FEE: N/A' . Listing Broker,and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is no separate agreement, Seller agrees to pay Listing Broker in N/A County. Texas. on consummation of this sale or on Seller's default a total cash fee of of the Total Sales Price or upon Buyer's default.one half of the Earnest Money paid to Seller not to exceed the amount of cash fee. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale proceeds. 9. CLOSING:The closing of the sale shall be on or before September 30, 1990 . 19_.or within seven(71 days after objections to title have been cured,whichever date is later(the Closing Date);however, if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended daily up to fifteen(15)days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date,the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 15 immediately and without notice. 10. POSSESSION:The possession of the Property shall be delivered to Buyer at closing. I I. SPECIAL PROVISIONS:(Insert factual statements and business details applicable to this sale.) All closing costs necessary in the conveyance of Parcel 8 to be the expense of the purchaser. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Loan appraisal fees shall be paid by N/A B. The total of the loan discount and buydown fees shall not exceed$ N/A of which Buyer shall pay the first$ N/A and Seller shall C.' pay the remainder. C. Seller's Expenses:Prepayment penalties on any existing loans paid at closing,plus cost of releasing such loans and recording releases;tax statements;'/ of any escrow fee; preparation of deed; preparation and recording of any deed of trust to secure assumption;other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application,origination and commitment fees;private mortgage insurance premiums and any loan assumption fee;expenses incident to new loan(s)(e.g.,preparation of any note,deed of trust and other loan documents,survey[unless stipulated to be paid by Seller in Paragraph 201,recording fees,copies of restrictions and easements,Mortgagee's Title Policies,credit reports,photos);'/2 of any escrow fee;any required reserve deposits for ad valorem taxes and special governmental assessments;interest on all monthly installment payment notes from date of disbursements to one(I)month prior to dates of first monthly payments;expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party,either party may terminate this contract unless the other party agrees to pay such excess. 13. PROBATIONS AND TAXES:Interest on any assumed loan,current taxes,any rents and maintenance fees shall be prorated through the Closing Date.If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previou, year. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of Seller,and such obligation shall survive closing. 14. TITLE APPROVAL: A. If abstract is furnished,Seller shall deliver Complete Abstract to Buyer within twenty(20)days from the effective date hereof. Buyer shall have twenty(20) days from date of receipt of Complete Abstract to deliver a copy of the examining attorney's title opinion to Seller, stating any objections to title,and only objections so stated shall be considered. B. If Title Policy is furnished, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to(I) restrictive covenants affecting the Property(2)dry discrepancies,conflicts or shortages in area or boundary lines,or any encroachments,or any overlapping of improvements(3)taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership(4)existing building and zoning ordinances (5)rights of parties in possession(6)liens created or assumed as security for the sale consideration(7)utility easements common to the platted subdivision of which this Property is a part and(8)reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not he valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs(I)through (7)inclusive,Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub-paragraphs (I)through(7)above at least five(5)days prior to closing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five(5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing, i will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in sub- paragraphs(I)through(7). C. In either instance if title objections are raised,Seller shall have fifteen(15)days from the date such objections are disclosed to cure the same,and the Close Date shall be extended accordingly. If the objections are not satisfied by the extended closing date, this contract shall terminate and the Earnest Money shall • be refunded to Buyer,unless Buyer elects to waive the unsatisfied objections and complete the purchase. 5 e .14 D. Seller shall furnish tax statements showing no delinquent taxes,a Supplemental Abstract when applicable,showing no additional title exceptions and a 6 p rt�lCi I Warranty.Deed conveying title subject only to liens securing payment of debt created or assumed as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer.Each note shall be secured by vendor's and deed of trust liens.A vendor's lien and deed of trust to secure assumption shall be required,which shall automatically be released on execution and delivery of a release by noteholder.If Seller is released from liability on any assumed note,the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, note(s),deed of trust or deed of trust to secure assumption,forms prepared by the State Bar of Texas shall be used. 15. DEFAULT: If Buyer fails to comply herewith, Seller may either(a)enforce specific performance and seek such other relief as may he provided by law or(h) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required. to(a)deliver the Commitment or(b)deliver the Complete Abstract. Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen(15)days and the Closing Date shall be extended pursuant to other provisions of this contract. If Seller fails to comply herewith for any other reason. Buyer may either(a)enforce specific performance hereof and seek such other relief as may he provided by law or(h)terminate this contract and receive the Earnest Money,thereby releasing Seller from this contract. 16. ATTORNEY'S FEES:Any signatory to this contract,Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 17. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a) is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow A.....,r..,1.' 1,....,L •�.,.,�:..L.._....�.._.._C.L_C..__... , _. ,. . .., r. , � Unimproved Property Earnest Money Contract concerning Parcel 8 - Page Three 02-08-85 (Address of Property) 19. USE AND UTILITIES:The intended use of the Property by Buyer is I I single family dwelling I J multiple family dwelling of units I I mobile home. Utilities required at the Property for such use are I I water I I sanitary sewer I I gas I I electricity I I telephone I I _ . If Buyer ascertains that applicable zoning ordinances,restrictions or governmental laws,rules or regula- tions prevent such intended use or that such required utilities are not available,or that the Property is located within the 100 year flood plain as designated by the appropriate governmental authority,and Buyer so notifies Seller within days from the effective date of this contract, then the same shall terminate and the Earnest Money shall be refunded to Buyer:failure on the part of Buyer to give the notice within the required time shall constitute Buyer's acceptance of the Property for Buyer's intended use. 20. SURVEY: I X I required I J not required. If required, then within ..07 days from the effective date of this contract a current survey of the Property shall be furnished by and at the expense of I J Seller I X)4 Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.The survey shall locate all improvements,encroachments and overlapping of improvements on the Property,together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): Exhibit A and Exhibit B 22. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. • SELLER'S BUYER'S ATTORNEY: • ATTORNEY: EXECUTED in multiple originals effective the r 9 day of Q Jo be, , 19�. (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.) CITY OF FRIENDSWOOD and for the NCNB Texas National Bank, Trustee, John L. Jones Trust, STA FXAS H11 A DEPARTMENT - Barbara Groves Paschall Trust, Otis Bain Gary Trusts, Buyer Sue Paschall Trust, Charles E. Paschall, Jr. Trust and By Barbara E. Paschall Trust BuyP . Schrader, Mayor of Friendswood Seller lfq Wi l 1 nwi rk 713 482 7564 BY: • �.�t�— Buyer's Address Phone No. F. Ellis, Vice President Phone No. Friendswood, Texas 77546 Post Offi a Box,�8$3llas, Texas 75238-1500 AGREEMENT BETWEEN itl "ftl f r-)Iii" r74)tA%( Listing Broker agrees to pay N A 0 n owel l, Vice President ,Co-Broker, a fee of of the total sales price when the Broker's fee described! agraph 8 is received. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the form of Escrow Agent: By: Date: , 19 The form of this contract has been approved by the'texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions arc not to be used. (Rev. 02-85)TREC No. 9-I. This form replaces TREC No.9-0. 0 5 5 EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDSWOOD FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS, acting by and John L. Jones Trust, Barbara Groves Paschall Trust, through the State Highway and Otis Bain Gary Trusts, Sue Paschall Trust, Charles Public Transportation Commission E. Paschall, Jr. Trust and Barbara E. Paschall Trust ?4,414,4.0. 044- Joh R. Powell , Vice President PA L W. SCHRADER, Mayor-of Friendswood BY -I ✓ S Date: / o / 9— 9Q .,c1.G.2,-r��—/• L1l,:1) William F. Ellis, Vice President Date: / 0— p0 EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: From F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidaie and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 frum Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of lard, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner pion to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13 '47" Fast, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" Fast, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" Fast, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF FErIlQN 'TG (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along said southeasterly line, a distance of 63.01 feet to a point for corner; • • EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of 3 Pages 2.) THENCE, NORTH 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5. ) THENCE, NORTH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following courses: 6. ) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SD PT aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT B Page 3 of 3 Pages 13.) THENCE, NORTH 19°34'45" East, continuing along said northwesterly right-of-way line, a distance of 74.04 foot to the POINT OF BEGINNING, containing an area of 0.453 of one auie (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distancPG and coordinates are surface and may be converted to grid by multiplying by the SIFT factor of 0.9998700) . AA in o CLty of gulf c wood City c.S'Ec'Etazy 'l (Off«E r atE /<,/-2 1A31 0 482-3323 \?---6. 7e-71 n 14f,s r-- ilteeeAr il OV-i4e-,K7-; 7-ie A9e./4/74- -els- c 4) s- /9 Cy 0La;Ai9 —7k &-f 1Z/tittr i �.r/ T e�c . �%� ey ,O�r/, �Li� n 7 �`I / ezeri _r4/nrm A ." Ji¢4) A. i J 14 eJ-7-0 r4tii,gi.r/' T 7ip axle c/C �i T A -7-4,1N4//2 r7:9L AeTr&t Filc ; it, "Re A4e r?2oee-Cs 7-5 gates/< 19,5 S40ti%c ,Q,l e a T Me -71.1 Ales- i .l__/-eo. s iRs . R R F ' it. 7 A. L. t f x. L. L. t I 1 j.t xA y) 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES: NCNB Texas National Bank. Trustee of the John L. Jones Truct. et al (Seller)agrees to sell and convey to State of TPxac Highway Department (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY:Lot See Fxhi hi t R — Metes?ndlock B011124s descri nti nn i a Parcel Q Addition, City of Fri endcwnnti , Harri s ,County,Texas,or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 5 ,000.00 B. Sum of all financing described in Paragraph 4 below $ C. Sales Price(Sum of A and B) $ 5.000.00 4. FINANCING:(Check applicable boxes below) XXA A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Bu , rst installment payment being payable on the first installment payment date after closing,the assumed principal balance of which ing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable in present monthly installments of$ ,including principal,inte any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,th med principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations im y the deed of trust securing the note. If the total principal balance of all assumed loans va' an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If o der on assumption(a)"requires Buyer to pay an assumption fee in excess of$ in B(I)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above 90 in B(I)above or •.. % in B(2)above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE TO BUYER: Monthly payments, interest rates or other terms of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to determine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ ,due in full in year(s),payable in initial monthly paymen 'ncipal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ trst year(s)of the loan. NOTICE TO PARTIES: Before signin uyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest,some have ments which may not be sufficient to pay the accruing interest,and some have interest rate"buydowns" which reduce the rest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of$ ,bearing %interest per annum, and payable: ❑ I. In one payment due after the date of the note with interest payable ❑ 2. In installments of$ [ i including interest[ J plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ I including interest[ J plus interest beginning after the date of the note and continuing at intervals thereafter for a en the entire balance of the note is due and payable. ❑ 4. This contract is subject r umishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapprov yer's credit is not given within five(5)days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby a ' es Buyer's credit report to be furnished to Seller. -' ny Seller financed note may be prepaid in whole or in part at any time,without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing.If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof,this contract shall terminate and the Earnest Money shall be refunded to Buyer. 5 EARNEST MONEY: $ N/A is herewith tendered by Buyer and is to be deposited as Earnest Money with at (Address), as Escrow Agent. upon execution of the contract by both parties. ❑Additional Earnest Money of$ ' shall be deposited by Buyer with the Escrow Agent on or before , 19—. 6. TITLE:Seller shall furnish to Buyer at Seller's expense either: ❑ A. Owner's Policy of Title Insurance(the Title Policy)issued by in the amount of the Sales Price and dated at or after closing:OR ❑ B. Abstracts of Title certified by an abstract company(I)from the sovereignty to the effective date of this contract(Complete Abstract)and(2)supplemented to the Closing Date(Supplemental Abstract). Unimproved Property Earnest Money Contract-Page Two tI2-08-85 Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. 7. PROPERTY CONDITION: Buyer accepts the Property in its present condition,subject only to Exhibit A ' 8. BROKER'S FEE: N/A' , Listing Broker,and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is no separate agreement, Seller agrees to pay Listing Broker in N/A County, Texas. on consummation of this sale or on Seller's default a total cash fee of of the Total Sales Price or upon Buyer's default,one half of the Earnest Money paid to Seller not to exceed the amount of cash fee. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale proceeds. 9. CLOSING:The closing of the sale shall be on or before September 30, t 90 , 19 ,or within seven(7) days after objections to title have been cured,whichever date is later(the Closing Date);however, if financing or assumption approval has been obtained pursuant to Paragraph 4,the Closing Date shall be extended daily up to fifteen(15)days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date,the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 15 immediately and without notice. 10. POSSESSION:The possession of the Property shall be delivered to Buyer at closing. II. SPECIAL PROVISIONS:(Insert factual statements and business details applicable to this sale.) • All closing costs necessary in the conveyance of Parcel 8 to be the expense of the purchaser. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Loan appraisal fees shall be paid by N/A B. The total of the loan discount and buydown fees shall not exceed$ N/A of which Buyer shall pay the first$ N/A and Seller shall pay the remainder. Seller's Expenses:Prepayment penalties on any existing loans paid at closing,plus cost of releasing such loans and recording releases;tax statements;'/of any escrow fee;preparation of deed; preparation and recording of any deed of trust to secure assumption;other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application, origination and commitment fees;private mortgage insurance premiums and any loan assumption fee;expenses incident to new loan(s)(e.g.,preparation of any note,deed of trust and other loan documents,survey[unless stipulated to be paid by Seller in Paragraph 201,recording fees,copies of restrictions and easements,Mortgagee's Title Policies,credit reports,photos);'h of any escrow fee;any required reserve deposits for ad valorem taxes and special governmental assessments;interest on all monthly installment payment notes from date of disbursements to one(I)month prior to dates of first monthly payments;expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party,either party may terminate this contract unless the other party agrees to pay such excess. 13. PRORATIONS AND TAXES:Interest on any assumed loan,current taxes,any rents and maintenance fees shall be prorated through the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of Seller,and such obligation shall survive closing. 14. TITLE APPROVAL: A. If abstract is furnished,Seller shall deliver Complete Abstract to Buyer within twenty(20)days from the effective date hereof. Buyer shall have twenty(20) days from date of receipt of Complete Abstract to deliver a copy of the examining attomey's title opinion to Seller,stating any objections to title,and only objections so stated shall be considered. B. If Title Policy is furnished, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to(I) restrictive covenants affecting the Property(2)!try discrepancies,conflicts or shortages in area or boundary lines,or any encroachments,or any overlapping of improvements(3)taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership(4)existing building and zoning ordinances (5)rights of parties in possession(6)liens created or assumed as security for the sale consideration(7)utility easements common to the platted subdivision of which this Property is a part and(8)reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs(I)through (7)inclusive,Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub-paragraphs (1)through(7)above at least five(5)days prior to closing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five(5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing t will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in s \, paragraphs(I)through(7). 1 C. In either instance if title objections are raised,Seller shall have fifteen(15)days from the date such objections are disclosed to cure the same,and the Closing Date shall be extended accordingly. If the objections are not satisfied by the extended closing date.this contract shall terminate and the Earnest Money shall v be refunded to Buyer,unless Buyer elects to waive the unsatisfied objections and complete the purchase. S�tc;blI D. Seller shall furnish tax statements showing no delinquent taxes,a Supplemental Abstract when applicable.showing no additional title exceptions and a �._I Warranty Deed conveying title subject only to liens securing payment of debt created or assumed as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer.Each note shall be secured by vendor's and deed of trust liens.A vendor's lien and deed of trust to secure assumption shall be required,which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed,note(s),deed of trust or deed of trust to secure assumption, forms prepared by the State Bar of Texas shall be used. 15. DEFAULT: If Buyer fails to comply herewith, Seller may either(a)enforce specific performance and seek such other relief as may be provided by law or(h) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required, to(a)deliver the Commitment or(b)deliver the Complete Abstract. Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time tiro performance up to fifteen(15)days and the Closing Date shall be extended pursuant to other provisions of this contract. If Seller fails to comply herewith for any other reason. Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(b)terminate this contract and receive the Earnest Money,thereby releasing Seller from this contract. 16. ATTORNEY'S FEES:Any signatory to this contract, Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 17. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a)is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow A.-,.�,...L:..L.....L..-:.. •L�J:..L..-..����,..0•L..C.-��...\A..�-../�,:.._�,t:_LI�C.._..-.�_-... �_�.L�__L____ .L- ,-.._J..L_IJ.._J.J, I:.LI_ f.-_ ....._..._f Unimproved Property Earnest Money Contract concerning Parcel 8 - Page Three 02-08-85 (Address of Property) 19. USE AND UTILITIES:The intended use of the Property by Buyer is I single family dwelling I I multiple family dwelling of units I I mobile home. Utilities required at the Property for such use are I I water I I sanitary sewer I I gas I I electricity I I telephone I I — . If Buyer ascertains that applicable zoning ordinances, restrictions or governmental laws,rules or regula- tions prevent such intended use or that such required utilities are not available,or that the Property is located within the 1(X)year flood plain as designated by the appropriate governmental authority, and Buyer so notifies Seller within days from the effective date of this contract, then the same shall terminate and the Earnest Money shall be refunded to Buyer:failure on the part of Buyer to give the notice within the required time shall constitute Buyer's acceptance of the Property for Buyer's intended use. - 20. SURVEY: I X I required I I not required. If required,then within ..0— days from the effective date of this contract a current survey of the Property shall be furnished by and at the expense of I J Seller I X)9 Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.The survey shall locate all improvements,encroachments and overlapping of improvements on the Property,together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): Exhibit A and Exhibit B 22. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. • SELLER'S BUYER'S ATTORNEY: 1 ATTORNEY: EXECUTED in multiple originals effective the / ? day of OCI-Ciei' , 19 irCs.(BROKER:FILL IN THE DA1'E OF FINAL ACCEPTANCE.) CITY OF FRIENDSWOOD i and for the NCNB Texas National Bank, Trustee,John L. Jones Trust, STATF XAS HT Hi DEPARTM NT . Barbara Groves Paschall Trust, Otis Bain-Gary Trusts,— Buyer Sue Paschall Trust, Charles E. Paschall, Jr. Trust and B.i: Barbara F Paschall Trust Bau . Schrader, Mayor of Friendswood Seller uyg 109 Wi 11 nwi rk 713 482 7564 BY: ��1b$ • Buyer's Address Phone No. Selle F. Ellis, Vice President Phone No. Friendswood, Texas 77546 P. O. Box 15 .4.Dal s s 7528 -1500 AGREEMENT BETWEEN BROKERSti—LO((4 J R. Powell, Vice President Listing Broker agrees to pay N/A ,Co-Broker, a fee of of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the form of Escrow Agent: By. Date: , 19— The firms of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (Rev. 02-85)TREC No. 9-I. This 0 form replaces TREC No.9-0. 5 5 EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDSWOOD FOR THE NCNB TEXAS NATIONAL BANK. TRUSTEE STATE OF TEXAS , acting by and John L. Jones Trust, Barbara Groves Paschall Trust, Otis through the State Highway and Bain Gary Trusts, Sue Paschall Trust, Charles E. Paschall, Public Transportation Commission Jr. Trust and Barbara E. Paschall Trust BY. tio./ nvu� PA L W. SCHRADER, Mayor.-of Friendswood o n R. Powell , ice President Date: /O— / 9— 90 j &I—) BY: William F. Ellis, Vice President Date: / O— / EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: Flow F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one auLe (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidal e and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the 'Harris County Map Records (H.C.M.R.) ; acid Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County .a Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by met'Ps and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwest-Prly corner common to Lots 20 and 21 of Enchant-Pd Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13 '47" East, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" East, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" East, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along said southeasterly line, a distance of 63.01 feet to a point for corner; EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of 3 Pages 2.) THENCE, NORTH 29°11'13" East, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THQNc'R, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" East, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following courses; 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 foot to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of Laid Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SCHPT aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT g Page 3 of 3 Pages 13.) THENCE, NORTH 19°34'45" East, continuing along said northwesterly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SC-PT factor of 0.9998700) . A: 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES: NCNB Texas National Bank, Trustee of the John L. Jones Truct, et al (Seller)agrees to sell and convey to State of Texas Highway Department (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot See Fxhi hi t R — Metes andlock Bounds description i e Parcel 8 Addition, City of Fri endcwnnd Harris ,County,Texas,or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 5,000.00 B. Sum of all financing described in Paragraph 4 below $ C. Sales Price(Sum of A and B) $ 5.000.00 4. FINANCING:(Check applicable boxes below) X XEN A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Bu irst installment payment being payable on the first installment payment date after closing,the assumed principal balance of which sing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable in present monthly installments of$ ,including principal,inte any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,th med principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations im y the deed of trust securing the note. If the total principal balance of all assumed loans var. • an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If o der on assumption(a)requires Buyer to pay an assumption fee in excess of$ in B(1)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(I)above of- % in B(2)above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE TO BUYER: Monthly payments, interest rates or other terms of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to determine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ ,due in full in year(s), payable in initial monthly paymen 'ncipal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ irst year(s)of the loan. NOTICE TO PARTIES: Before signin • uyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest, some have ments which may not be sufficient to pay the accruing interest, and some have interest rate "buydowns" which reduce the • rest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of$ ,bearing _%interest per annum, and payable: ❑ 1. In one payment due after the date of the note with interest payable ❑ 2. In installments of$ [ ]including interest[ j plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ ]including interest[ ]plus interest beginning fter the date of the note and continuing at intervals thereafter for ye en the entire balance of the note is due and payable. ❑ 4. This contract is subject r fumishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapprov yer's credit is not given within five (5) days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby a • es Buyer's credit report to be furnished to Seller. i ny Seller financed note may be prepaid in whole or in part at any time, without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof,this contract shall terminate and the Earnest Money shall be refunded to Buyer. 5. EARNEST MONEY: $ N/A is herewith tendered by Buyer and is to be deposited as Earnest Money with ,at (Address), as Escrow Agent, upon execution of the contract by both parties. ❑ Additional Earnest Money of$ • shall be deposited by Buyer with the Escrow Agent on or before , I9 . 6. TITLE:Seller shall fumish to Buyer at Seller's expense either: ❑ A. Owner's Policy of Title Insurance(the Title Policy)issued by in the amount of the Sales Price and dated at or after closing:OR O B. Abstracts of Title certified by an abstract company(I)from the sovereignty to the effective date of this contract(Complete Abstract)and(2)supplemented to the Closing Date(Supplemental Abstract). AI/Yf ICC Tll CCI 1 CD n A,r,n,turn. ♦c nr�,nn,- , nar . .... .. . - -. .. _ Unimproved Property Earnest Money Contract—Page Two 02-08-85 Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. 7 PROPERTY CONDITION: Buyer accepts the Property in its present condition,subject only to Exhibit A 8. BROKER'S FEE: N/A' , Listing Broker,and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is no separate agreement, Seller agrees to pay Listing Broker in N/A County, Texas, on consummation of this sale or on Seller's default a total cash fee of of the Total Sales Price or upon Buyer's default,one half of the Earnest Money paid to Seller not to exceed the amount of cash fee. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale proceeds. 9. CLOSING:The closing of the sale shall be on or before September 30, 1990 . 19_,or within seven(7) days after objections to title have been cured, whichever date is later(the Closing Date):however, if financing or assumption approval has been obtained pursuant to Paragraph 4,the Closing Date shall be extended daily up to fifteen(15)days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date,the non-defaulting party shall be entitled to exercise the remedies contained in Paragraph 15 immediately and without notice. 10. POSSESSION:The possession of the Property shall be delivered to Buyer at closing. 11. SPECIAL PROVISIONS:(Insert factual statements and business details applicable to this sale.) All closing costs necessary in the conveyance of Parcel 8 to be the expense of the purchaser. 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Loan appraisal fees shall be paid by N/A B. The total of the loan discount and buydown fees shall not exceed$ N/A of which Buyer shall pay the first$ N/A and Seller shall pay the remainder. Seller's Expenses:Prepayment penalties on any existing loans paid at closing,plus cost of releasing such loans and recording releases;tax statements;'h of any escrow fee; preparation of deed;preparation and recording of any deed of trust to secure assumption;other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application,origination and commitment fees;private mortgage insurance premiums and any loan assumption fee;expenses incident to new loan(s)(e.g.,preparation of any note,deed of trust and other loan documents,survey[unless stipulated to be paid by Seller in Paragraph 201,recording fees,copies of restrictions and easements,Mortgagee's Title Policies,credit reports,photos);'h of any escrow fee;any required reserve deposits for ad valorem taxes and special governmental assessments;interest on all monthly installment payment notes from date of disbursements to one(I)month prior to dates of first monthly payments;expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party,either party may terminate this contract unless the other party agrees to pay such excess. 13. PRORATIONS AND TAXES:Interest on any assumed loan,current taxes,any rents and maintenance fees shall be prorated through the Closing Date.If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of Seller,and such obligation shall survive closing. 14. TITLE APPROVAL: A. If abstract is furnished,Seller shall deliver Complete Abstract to Buyer within twenty(20)days from the effective date hereof. Buyer shall have twenty(20) days from date of receipt of Complete Abstract to deliver a copy of the examining attomey's title opinion to Seller, stating any objections to title,and only objections so stated shall be considered. B. If Title Policy is furnished, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to(I)restrictive covenants affecting the Property(2)dny discrepancies,conflicts or shortages in area or boundary lines,or any encroachments,or any overlapping of improvements(3)taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership(4)existing building and zoning ordinances (5)rights of parties in possession(6)liens created or assumed as security for the sale consideration(7)utility easements common to the platted subdivision of which this Property is a part and(8)reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs(I)through (7)inclusive,Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub-paragraphs (1)through(7)above at least five(5)days prior to closing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five(5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing, it will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above r sub- paragraphs(I)through(7). ' C. In either instance if title objections are raised,Seller shall have fifteen(15)days from the date such objections are disclosed to cure the same,and t Date shall be extended accordingly. If the objections are not satisfied by the extended closing date,this contract shall terminate and the Earnest Mo .� he be refunded to Buyer,unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements showing no delinquent taxes,a Supplemental Abstract when applicable,showing no additional title exceptions and a Warranty Deed conveying title subject only to liens securing payment of debt created or assumed as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer.Each note shall be secured by vendor's and deed of trust liens.A vendor's lien and deed of trust to secure assumption shall be required,which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, note(s),deed of trust or deed of trust to secure assumption,forms prepared by the State Bar of Texas shall be used. 15. DEFAULT: If Buyer fails to comply herewith, Seller may either(a) enforce specific performance and seek such other relief as may be provided by law or(h) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required.to(a)deliver the Commitment or(b)deliver the Complete Abstract, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen(15)days and the Closing Date shall be extended pursuant to other provisions of this contract. If Seller fails to comply herewith for any other reason. Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(h)terminate this contract and receive the Earnest Money,thereby releasing Seller from this contract. 16. ATTORNEY'S FEES:Any signatory to this contract,Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 17. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a)is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money(c)is not liable for interest or other charge on the funds held and(d)is not liable for any losses of Unimproved Property Earnest Money Contract c.o^ceming Parcel 8 - — Page Three 02-08-85 (Address of Property) 19. USE AND UTILITIES:The intended use of the Property by Buyer is I I single family dwelling I I multiple family dwelling of units I I mobile home. Utilities required at the Property for such use are I I water ( I sanitary sewer I I gas I I electricity 1 I telephone I I _ . If Buyer ascertains that applicable zoning ordinances, restrictions or governmental laws,rules or regula- tions prevent such intended use or that su:h required utilities are not available,or that the Property is located within the 1(10 year flood plain as designated by the appropriate governmental authority, and Buyer so notifies Seller within days from the effective date of this contract, then the same shall terminate and the Earnest Money shall be refunded to Buyer:failure on the part of Buyer to give the notice within the required time shall constitute Buyer's acceptance of the Property for Buyer's intended use. 20. SURVEY: ( X I required( I not required. If required,then within —0— days from the effective date of this contract a current survey of the Property shall be furnished by and at the expense of( J Seller' XX Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.The survey shall locate all improvements,encroachments and overlapping of improvements on the Property,together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): Exhi hi t A and Exhi hi t R 22. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S.currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATTORNEY: 1 • ATTORNEY: EXECUTED in multiple originals effective the /Q day of Lefobee . 19 (BROKER:FILL IN THE DATE OF FINAL ACCEPTANCE,) CITY OF F IENDSWOOD ' and for the NCNB Texas National Bank, Trustee, John L. Jones STATF XAS H G Y i]EPARTMFNT Trust, Barbara Groves Paschall Trust, Otis Gary Buyer Trusts, Sue Paschall Trust, Charles E. Paschall, By*t Seller Jr. rust and Barbara cTia11 Trust Bmyfla W. Schrader, Mayor of Friendswood log Willowick 713 482 7564 • Buyer's Address Phone No. Seller' room F. Ellis, Vice Presi Phone No. Friendswood, Texas 77546 P. 0. Box 83 500 . 1 AGREEMENT BETWEEN BROKERS allaA t7; Listing Broker agrees to pay N/A Joh 1 R. Powell, 'ice Presiden Co-Broker. a fee of of the total sales price when the Broker's fee described in Paragraph ' e ived. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of S Earnest Money is acknowledged in the form of Escrow Agent: By: Date: , 19—. F The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions arc not to be used. (Rev. 02-85)TREC No. 9-1. This 0 5 5 lion replaces TREC No.9-0. EXHIBIT "A" Buyer represents that he is not an officer, director, or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer, director, or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, including, without limitation, any warranties or representations, express or implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof, the accuracy of any survey or plans thereof, (ii) the existence of any environmentally hazardous substances on the property or of any viciations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge, no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil, subsoil, and water. BUYER: SELLER: CITY OF FRIENDS'WOOD FOR THE NCNB TEXAS NATIONAL BANK, TRUSTEE STATE OF TEXAS , acting by and John L. Jones Trust, Barbara Groves Paschall Trust, through the State Highway and Otis Bain Gary Trusts, Sue Paschall Trust, Charles Public Transportation Commission E. Paschall, Jr. Trust and Barbara E. Paschall Trust B Y 061ti PAL 6 �' a J. SCHRADER, Mayor -of Friendswood John . Powell , Vice President Date: /0- / qD BY: _AA144.4119C William F. Ellis, Vice President Date: io - /9— gyp EXHIBIT B - Page 1 October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT B Page 1 of 3 Pages County: Harris Highway: F.M. 2351 Project Limits: From F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner common to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13'47" Fast, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" Fast, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" Fast, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along said southeasterly line, a distance of 63.01 feet to a point for corner; • EXHIBIT B - Page 2 October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT B Page 2 of a Pages 2.) THENCE, NORTH 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" Fast, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following courses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SEI-IPT aluminum disc set for corner; EXHIBIT B - Page 3 October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT g Page 3 of 3 Pages 13.) THENCE, NORTH 19°34'45" Fast, continuing along said northwesterly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of lard, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SUHPT factor of 0.9998700) . NCNB Texas Trust Real Estate 901 Main Street,20th Floor (214)508-1610 P.O. Box 831500 Fax(214)508-1670 Dallas,Texas 75283-1500 ,�-5242526Z/�® ti," "mo RICEB oo, OCT 1990 m D RECEIVE N. r-- w' CITY OF FRIENDSWOOD q Texas ,��, CITY SECRETARY �Ec'tIL%6(6ti October 17, 1990 Ms. Evely B. Newman Council Member City of Friendswood 109 Willowick Friendswood, TX 77546-3898 RE: John L. Jones Trust, et al Partial sale of property to State Highway Dept. Dear Ms. Newman: Pursuant to our telephone conversation, I am returning to you three (3) signed contracts of sale and a fully executed Special Warranty Deed, covering the sale of .453 acres (Parcel 8) to the State of Texas Highway Department. Please initial one of the Contracts of Sale and return it, along with a check for $5,000, payable to "NCNB Texas National Bank, Trustee" to my attention. Thank you for your assistance in this matter. Sinc rely, - I eii.44_ William F. Ellis, CPM Vice President (214) 508-1619 WFE/plp • PARCEL NO. 9 C.S.J. 1844-01-0; State Department of Highways F.M. 2351 and Public Transportation Form D-15-14 SPECIAL WARRANTY Page 1 of d Rev.1-86 N 002600 DEED 133l DEED THE STATE OF TEXAS COUNTY OF HARRIS X KNOW ALL MEN BY THESE PRESENTS: That, CITY OF FRIENDSWOOD of the County of Harris , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Dollars ($ to Grantors in hand paid by the State of Texas,acting by and through the State Highway and Public Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in Hprri s County, Texas, more particularly described as follows, to wit: As descirbed in Exhibit "A" follwoing page 2 of this instrument an( made a .part hereof. FILED FOR RECORD GRANTORS ADDRESS: City of Friendswood 8:30 A.m. 109 Willowick Friendswood, TX 77546-3898 FEB 4 1991 °1''liy "larriL auniy, Texas • qel 2l.) I o CITY OF ay yW00D FrlendswwoodoTexas 6-3898 I99=7I l338 October, 1988 Parcel 9 Page 1 of 2 Pages EXHIBIT A Page 1 of 2 Pages County: Harris Highway: F.M. 2351 Project Limits: Fa F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 9 Being 0.052 of one acre (2,270 square feet) of land, more or less, out of a 2.443 acre residue of a called 4.9021 acre tract of land, being further out of Lot 61 of the Hoidal e and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris' County, Texas accnrding to the map or plat thereof r Corded in volts 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said 4.9021 aUI.0 tract being the same land described in deed date1 March 14, 1969 from Erin Bain Jones to Sumner Woods, Inc. and recorded under File Number C895421, Film Code 104-24-1103 of the Harris County Official Public Records of Real Property (H.C.O.P.R.R.P.) ; maid 0.052 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a point for the end of a tangent curve to the left in the existing southeasterly riot-of-way line of F.M. 2351; thence as follows: South 25`49'55" West, along said existing southeasterly right-of- way line, at 2.46 feet pars a found 4-inch x 4-inch concrete monument, in all a total distance of 140.28 feet to a 5/8-inch icon rod with St1 PT aluminum disc set for the point of intersection with the proposed southeasterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,682.66, Y = 641,279.70) ; 1.) THENCE, SOUTH 09°58'43" West, along said proposed southeasterly right-of-way line, a d i stance of 120.05 feet to a 5/8-inch iron rod with SLEPT aluminum disc set for corner; 2.) THENCE, SOUTH 13°40'50" West, continuing along n i d proposed southeasterly right-of-way line, a distance of 134.23 feet to a 5/8-inch iron rod with Sr IPT aluminum disc set for the point of intersection with the aforementioned existing southeasterly right- of-way line of F.M. 2351; 'I 99� 7 I = 1339 October, 1988 Parcel 9 Page 2 of 2 Pages Efl(HIBIT A Page 2 of 2 Pages 3.) ;HENCE, NORTH 07°57'55" East, along said existing southeasterly right-of-way line, a distance of 198.98 feet to a point for corner; 4.) THENCE, NORTH 25°49'55" East, continuing along said existing southeasterly right-of-way line, a distance of 57.31 feet to the POINT OF BEGINNING, containing n an area of 0.052 of one acre (2,270 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SE 1PT factor of 0.9998700) . State Department of Highways '199-7I = 1340 and Public Transportation Form D-15-14 Page 3 of 4 Rev.3-86 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the above-described property, to wit: None Grantors covenant and agree to remove the above-described improvements from said land by N/A , 19 , subject, however, to such extensions of time as may be granted by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of time pre- scribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the above-described premises herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, and under us, but not otherwise. 29th IN WITNESS WHEREOF, this instrument is executed on this the - day of .January , 19 91. - M'TEST• C IENDS BY• 77//JJ�� � Paul W. Schrader - SECRETARY: 44.4"e_ / A.._.---- 4�'� TITLE: Mayor City Secretary ACKNOWLEDGMENT STATE OF TEXAS, COUNTY OF BEFORE ME, ,on this day personally appeared known to me(or proved to me on the oath of ,a credible wi •- , to be the person(s):whose natne(s)1s•(.re),siibscribed to the foregoing instrument and acknowledged to me that he/she/they - - -• the same for the purposes and`con*ration tli&ein expressed. GIVEN UNDER MY HAND AND SEAL OF OFF -, This day of _ ii'-,? ---.- ,t1 ':•!! r Notary Public,State of Texas My Commission expires on the day of , 19 **********OVER FOR ACKNOWLEDGEMENT*********** - State Department of Highways 7 and Public Transportation . _ 99�1 ( I �� I,Form D-15-14 Page 4 of 4 Rev.3-86 CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS,1 BEFORE ME, the undersigned authority , COUNTY OF HARRIS daypersonally pp on this appeared • ,of the City of Friendswood •'•)�;• , (Title) ;,s- ;.,r• known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that th ante was Cityof Friendswood ,a corporatio g i •te/s}t a§duly autho- the act of the said ,� rized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she expcut L[lt:"sal4.s.ftte act of such corporation for the purposes and consideration therein expressed, and in the capacity therein st ed. - y•.• . i. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of ' `' ZAP:;11 0. Notar Public State of exas J Q� My Commission expires on the day of , 19-_-P— w 44 U a)CV o C. rn 0 A Q re 0 X o w W A 0 F" rn O o x o a) .-i Al O W t 'fl Fa rn n 0 o U W 8 o F b CO• o F r i 3 F+ W Z ..o °v a w 0 C • c (I) Q F, E ,o .., rii as Z H �: Z v A wz d to o 0 a 0 z A .h4 aa) crs S ° o. 0 ao 0c o :• A ) 0 dC x 0 w h F as CERTIFICATE OF RECORDING THE STATE OF TEXAS,l COUNTY OF HARRIS my INN ISM HEREIN WHICH RESTRICTS THE SALE.RENTAL,OR USE Of THE DESCRIBED REAL. RECORDER'S MEMORANDUM: PROPERTY BECAUSE Of COLOR OP RACE IS INVALID AND UNENfORCEABEE UNDER FEDERAL LAW. At the time of recordation, this instrument was COUNTY OF HARRIS THE STATE OF TEXAS found to be inadequate for the best photographic I hereby certify that thus Instrument was FILED in File Number reproduction because of illegibility,etc.All blockoutsr Sequence on the date and at the time stamped hereon by me;and was photo copy,discolored paper, duly RECORDED, in the Official Public Records of Real Property of additions and changes were present at the time Earns County,Texas on the instrument was filed and recorded. FEB //��4 1991 GRANTEES ADDRESS: i C�«.t A% .. 7 ff R9�S S1 A . E F O. F` --�vz'+ COUNTY CLERK, ►�, �,J t1''Q / �;} ' �; HARRIS COUNTY, TEXAS .7 Ih / ��.• ' I Or" Ste. • sr>�,. PAUL W. SCHRADER ("A\3►.� is Mayor '���'`'�` ' • �� tht of9' LE,sacLuJooct RON RITTER member :��' ROBERT WICKLANDER q :'-k`'f•,. ` H EVELYN NEWMAN ,,'., .` ,.� M 109 WILLOWICK 7131482-3323 'c- - ED STUART 4 ''mom • 1f FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY A. FRANK FRANKOVICH A. -'a .H RONALD E. COX Z• t 0j City Manager ;� y DELORIS ARCHER,CMC 'Z-=: S= ' City Secretary February 8 , 1991 Mr . Milton Dietert State Department of Highways and Public Transportation Post Office Box 1386 Houston , Texas 77251-1386 Dear Mr . Dietert , L Attached you will find the /Special Warranty Deed for Parcel 9 for the right of way needed for the FM 2351 widening project . Should you require additional information, Please do not hesitate to contact me . Sincerely, D to inch CMC City Secretary cc : Dwight Allen , S .D .H . T . Right of Way Department Chuck Wilcox , Harris County Precinct 1 Clifford Doss , Harris County Right of Way Department �1t ����jj MaPAUL W. SCHRADER 1' �: yror �:'! ;�.'._ •�' c1Lt of9LEIIcIC1JOOd RON BITTER ^' ,;+: �! ROBERT WICKLANDER EVELYN NEWMAN '= ED STUART 109 WILLOWICK 713/482-3323 FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY A. FRANK FRANKOVICH RONALD E.COX 2, ./ City Manager c( DELORIS ARCHER,CMC tZr=_or 'S' City Secretary February 5 , 1991 The Honorable El Franco Lee Commissioner, Precinct One 1001 Preston Avenue Houston, Texas 77002 Re: FM 2351/FM 528 Dear Commissioner Lee, This letter is a follow up to my letter of January 3, 1991 regarding the subject highway project. I would like to meet with you and discuss the subject project and what action remains to be taken to assure the project is not delayed. Please contact me to establish a time and date. We appreciate your assistance in this matter. Sinc- - y, 0000r/ (144.4... W. Sc rader ' ayor PWS/jt cc: Councilmembers Ron Cox, City Manager Judge Jon Lindsey, Harris County Commissioner' s Court Chuck Wilcox, Harris County 11\` 0ofyq 4401 o ��' 4nlLa �0�EfiECL(TE2 4011100_ n� �� COUNTY CLERK ,11 01t_i 9TOF1�+ HARRIS COUNTY , TEXAS it'11 �23456 -41,mmflfl�%r "% ti FE o c �,,yr RE: Cash Register Receipt(s) For your records, enclosed herein you will find Cash Register Receipt(s)for instrument(s)filed in the Real Property Records of Harris County, Texas. Instrument(s) to follow under separate cover. If we can be of further assistance to you, please do not hesitate to call us at any time. Yours very truly, (Mrs.) Anita Rodeheaver County Clerk, 4 arris County By I A 40, 44`-<-17 Department ..d AR:jcm Enclosure(s) Form No.CC-A-02-01-08 (R-1-1-88) 1001 PRESTON, 4TH FLOOR • P.O. BOX 1525 • HOUSTON, TEXAS 77251 1525 • 7131221 -6411 • .• . .„., ;, Uarri County i)N56789•0 ie 11 fk ,�,, FEB 1991 1 ft rCC 1 nCL onC M u' RECEIVED c'1 d CITY OF FRIENDSWOOO - El Franco Lee, COMMISSIONER cr-1 , C►TYSICETARre Ave. c� Houst• �• xas 77002 February 1, 1991 r�6�� ,-ti. *�111 Honorable Mayor Paul Schrader CC: M & CC City of Friendswood CITY MGR. 108 Willowick Friendswood, Texas 77546-3898 REF: FM 2351 Dear Mayor Schrader : Initially I would apologize for the delay in responding to your January 3, 1991 and earlier letters regarding the Counties participation on the captioned project . I am very much aware of the importance of this project to the area and share your commitment for its accomplishment . However, I needed to insure that I had sufficient funds to satisfy my level of participation amounting to $1 . 3 million . By separate correspondence, I have instructed the County Engineer and County Right-of-Way Department to process the necessary paperwork as rapidly as possible . A purchase order should be issued to the pipeline companies with 4 to 5 weeks . Very truly/ ruly ours, El Franco Lee EFL:CMW:af cc: Jim Lemond Willie Loston Terry Anderson Bob Watts Ricky Rivero Billy Owens AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 CITY OF 1-Ft T ENtiSW00D CHECK REQUEST 1 T .I.C 1 1 1 F'UND�i I Ni...)N ..-----•---'---.._._..__--•---_..-..-._-.__.._.._. :. U: i NO. FLJ,l G'. --._......_._._._._-._._. 1 1 I DATE REQUESTED: _P- Q_ _-.__. 1 1 PAYEE:_7/d� �.4�c�cli%rr�� .. - VENDOR NO. : ___-- ---- ----- 1 26...„ i G I 1 _moo^- ,e -/ " 1 - 1 / 1 1 ___.«_-g/ _. .___._2. 1.._ 1 1 1 1 4Of::X.-X:4 .yr.X—X..r-M•X XX X-MM•ri•X•*of-X—M-X X-X•)(•?(>(*M.M-M-_y.**.11;X..YF;v.•3<-X--A-4f-4(•aX•-X-g:*4r.a+:; M4(.. i{.K.Xd(d!-dF -X•W.•M){X. I I I - I:E SCRIFTION A(_C:JUNT"tN(3 C(.JDE AMOUNT 1 1.4tedezaz Azezzi4--- P1*-• 1 1 itieee 1 1 1 1 I 1 1 1 1 1 1 . 1 1 1 1 1 . 1 /.... (C.// 1 TOTAL_ AMOUNT OF CHECK:.__._-__ --_.---•-I 1 1 I y(at-diyr.-X.y;..-41.- r.X-M•y(-:X-'r•ai. i..?,; •4(M.N.y,}*._,r..x.y{.-X- -....M7.,:..V.•M.aiM4i-•p: (:•-Y—Y./...Y.—X..X•M".*.{*.?f:•xtlf•* (. . .)44r..*Y.-•X•N.*V j(af* I I I F:I:::+1L1J_S'T'LLt BY. _ __ _ -r _________.___._.._.__..___ I 1 // 1 1 DATE:•__/ ' 1.__-----_-•_-- DATE:..__._.____________ _____ 1 * __r_: s.. ._. ._Z2 _ _ ___/•__e ___9_/____ 1 1 - 1 1 _._._..._._.. _.____._. _._.._._.____._..._......___.._..__.____._. __.._.:._.. _.___ 1 1 1 1 1 V324254 ��� of tt• �( ��� 09 199 RECENED a CITY Of SECREIA 000 l�, CITY ,4Cv COMMISSION STATE DEPARTMENT OF HIGHWAYS f.) ENGINE R TOR ROBERT H. DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION 41434 IVER,P.E. RAY STOKER,JR. P.O.BOX 1386 • WAYNE B. DUDDLESTEN HOUSTON,TEXAS 77251-1386 (713)869-4571 January 21, 1991 CONTACT: DRE Parcel No. : 9 C.S.J. No.: 1844-01-021 Highway: F.M. 2351 County: Harris Limits: From F.M. 518 to 1000 Feet Northeast of Clear Creek Ms. Delores Archer, City Secretary City of Friendswood 109 Willowick Friendswood, Texas 77546 Dear Ms. Archer: Attached is the Special Warranty Deed tor the above referenced property as discussed with Ms. Sharon Maxwell of this office. After the Deed has been properly executed and recorded, please return the original document to this office. If you have any questions, please contact Ms. Sharon Maxwell at (713) 867-5725. Sincerely, ..h*el°' Dwight A. Allen, P.E. District Right of Way Engineer District No. 12 SLM/tcf PAUL W.SCHRADER ,yG �sa 4' Maya y-':..;i. •• � ► Cfluncilmembera cat o 9'ziEn.cL 00d .'IL• `'� ROBERT WICKLANDER +' L^i•: VI EVELYN NEWMAN A'.l;Y /i':•. wED STUART 1":" .:;,;,....1/4.• �,. 109 WILLOWICK 7131482.3323 FRIENDSWOOD, FtALEY TEXAS 77546.3898 RANK F ANKO `. A. FRANK FRANKOVICH T1 lair I City Manager ''.''j►,1 - , s DELORIS ARCHER,CMC _=•_:0:- City Secretary / -- 2 FAX TRANSMISSION ,f��) FAX PHONE NUMBER 482-9318 ( dr="S" e DATE: // 9 Jr i/ PAGE: I/ OF 6 TO: iCM N 64J 0 /t/ a -r y /`/ 7 7 6 V1 N ej ri- FROM: /\-! K N.,0_14e/`- Q' 1 L1 $ (• C tw1 f IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CONTACT MY OFFICE AT 713-482-3323, **************************************************************** **************************************************************** ).-e a( ti c,e L ,L.r,,s Ca?,,,,,,) (---- ---? 1.. •P_t s e cJ ; e A3 '' R 1 L I iI c /L-fw/C f I 1/41)40 I - O1.,17 DI-TR'I'_T 1 Q, on]. /l/G /9/ STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COVER PAGE PLEASE DELIVER THE FOLLOWING PAGE(S) TO; NAME: f 2S, -4.;re c DEPARTMENT: „,„;,„ .. 1. 6Zf1 TELEPHONE NUMBER: 0 3 EXT: FROM: 'Sh,g B4 L../x. lr 7`-� o, Pc jiia ,[1, _ ---- DEPARTMENT: TELEPHONE NUMBER: 10-, ,� -- —_ EXT: TOTAL NUMBER OF PAGES: 7 _(INCLUDING COVER PG.) TV YOU DO NOT RECEIVE ALL THE FAGES1 CALL BACK AS SOON AS POSSIBLE. COMMENTS: .4i>�Pl� 1�., n f l��i'�., . & 4/L� / chR - Frc_1dA, ' 4.94* y )44.1„„_ DF-AR-12 . L71: 1'r' L115TR1CT 12 ROW 102 • 11 jo) COJ1L -0;7rv, -PiVe (2k COMMISSION STATE DEPAR i' • OF HIGHWA•, ENGINEER-DIRECTOR ROBERT H.DEDMAN,CHAIRMAN AND PUB TRANSPORTATION ARNOLD W.OLIVER.P.B. • RAY fi1OKER,JR. P.O.SOX l)IS � WAYNE S.DUDDLESTEN HOUSTON,TEXAS 77151•17tW 171)1 I04$71 July 13, 1990 ;`f;_:'ACT: 10:47,) DRE 1-:/174114/711 d/1146 /7///81/171 . Right-of-Way Map - Parcels . 8 & 9 CS.) No. 1344-01-021 Harris County F.M. 2351. -Wipe City of Friendswood 109 Willowwick Friendswood, Texas 77546 --Attention; Ms. Evelyp Newman Council Woman Gentlemen: Attached as requested are three copies each of field notes and sheet 5 of the above-captioned map. If additional information is needed, please contact Mr. Morgan Shumate at 713/867-5727 . Sincerely, a-#04704.1(04 - D gh - A. Allen, P.E. " Distr act Right of Way Engineer District No. 12 MS/edg Attachments Parcel 9 - Right of Way FM 2351 State Highway Department Right-of-Way Department contacted the City requesting the deed for Parcel 9 for R-O-W for the FM 2351 widening project. It has been determined the City has not completed this transaction. We are attaching a copy of the field notes and a map which describes this area which was annexed from Clearwoods Improvement District (Wedgewood Village Subdivision) in 1983 . Council action is needed at this council meeting in order to expedite the paperwork necessary which will allow the State Highway Department to let the bid for FM 2351 widening. Attachments: 1 . Map of Parcel 9. . 2 . Field Notes Parcel 9. . AGENDA ITEM City Council Date: /4/ 9/ roved Denied -IL s1SEz Iva 30 euTT Aum,3o -.41.16Ta ATaelsustnnos buTgSTxa peuoTwetir Zo, s sqq t1:34M uoTlossasquT go luTod atp. .zo3 qss Tp umuTtunis MIMS t14TM paa uo l t4 UT.-9/s 2 I 3 ain't 3o eotre4s7p 2 'euTTT Atam-;0-qubTz Aiaelsaaulnos p socbzd ITxs ktoTe buTnu74uoo 'gs-aM 4,05,06.Ct MOOS 'DI LL i'Z $asuxoo .zo3 4es osTp tuntrp utte ,IdW 1S =pm, poi uorT gouT-9/; a 4a ; co•ort 30 ebupqsTp 'au t Aeri-3o-lu Ta ATag4svetnnog Pogodoad PTus Euorg '4seM u E ,as.60 mId os '20NURT, (OL'6LZ'ZTl9 - A '99•Z 99'60 Z'C X) ONTNNIUUM AO INT.Od eta bu eg PUe T g C Z 'W I 30 AFT Aum-30--1 a AT1egspagqnos PGS0dbad et 1.11.Tm uoTwesao4u7 3o larod eqq. . o3 OsTp wiluTmnia MHOS ITM poi uo IT t rt-8/5 B 04 lesa SZ•obt 30 00u sTp Tti404 TTv uT 'lusttutuciu sq.G1 U upuT-1. x urn--T, puno3 $ gspd 119e; 917•z qg 'eu T Atm -30-441wra kt petr4nos BuTlgTxs Pies buoru 'lsaM „55,6b•52 tt r os : ZTo3 snz $must;'. !tcCZ WI 30 etrri JCb-30--4ttEI ATae4gliratnnog Etr STxa eta ut 'J T eta eAann qua6uu B 30 pus etp .ao3 quTod e qe DtslON2N0010 :smorrog se, s aa Aq peq7amsap kravinoTlavd e = fxrrsq 'see' ao eaom 'ptzPT 3o eZOP eU0 30 Z50.0 PTPs : ('(V2i'd'd'O'3'H) A41'edoad Tweg 30 eloaweli 0TITId T ToTa3o A4unoo sTaavH et4 30 COTT-•Vz-VU! 0p03 'atU 'CZMM68() aeqWnd eTT3 aapun pepzo az ple 'ouI 'spOOM astatutS o4 sattor uTvg uTI uaaz3 696T 'Vt tin-XW PaWelp PealD tAT rectT P Pula *1ZS Otrr4 .Extract lova4 eating tZ06'b PTA % (-83ro'H) stommeK do A urto'J sTaapil ate 3o 9 abed IC anntoA UT pepaoosa 3oaraq . Tatd its dun buTpa000p space' 'S'4unto spa-EH 'cc q.01114gqii 'er bi uTqsnv vul2 Lua3 eq4 TIT POutl.TS p10OT JO uoTsTATpgns 'P 'uoTsTATpgfS t x woo pue e LyPTOH a 3o T9 40q 3o .ano xat in3 EuTsq 'xT ;o lova4 eXe TZ064t PeTT20 12 3o enpTsaz woe Evt•z ' JO 4no 'scat zo audit 'p r t 30 (4ee; earths oL2' ) env euo 3o Z50.0 huTee 6 Tecxz t0J eaq'I1 PTeT. -t0--tV81 : •r•s•0 )1Puall0 avoTO 30 u 0ri 4ee3 0001 01 etc :4T -rr coca TSCZ 'YI'3 ;AttTK sTI Z :A4utta3 vebvd 3a 6 Taaa'Pd 886T '.ectolbo R n • IIII,- 7T 1 -ITAIC;1i1 gb:CT TR/LT.:T.Gi • ✓Jl/l f•'71 1D;=F0 U ,r. l 1.l 1. KUW • Uly3 • October, 1908 Parcel 9 Page _ 2 of 2 Pages of�..,. Pages 3.) ZHEWCZ, NOS 07'57'55" East, along said existing southeasterly right-of-Way line, a distance of 198.98 feet to a point for corner; 4.) THENCE, NOgLH 25'49'55" East, continuing along said existing southeasterly right-of-way line, a distance of 57.31 Beet to the POINT OF BEGINNING, containing an area of 0.052 of one acre (2,270 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. A11 distances and coordinates are surface and may be converted to grid by multiplying by the satin factor of 0.9998700) . A City of Friendswood Office of City Secretary Interdepartmental Correspondence To : John Olson Date : June 25 , 1990 City Attorney From: Councilmember Evelyn Newman You will find enclosed two pages of Field Notes for Parcel 9 , FM2351 and a map which describes property annexed from Clearwoods Improvement District from FM518 to 1000 Feet Northeast of Clear Creek . Please start adverse possession proceedings . Do not hesitate to contact me if you have any questions . Thank you . EN/jt : 900725 . a Enclosures : cc : Mayor and Councilmembers Acting City Manager '1( r\ October, 1988 Parcel 9 Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 2351 Project Limits: FLULU F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 9 Being 0.052 of one acre (2,270 square feet) of land, more or less, out of a 2.443 acre residue of a called 4.9021 acre tract of land, being further out of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said 4.9021 acre tract being the same land described in deed dated March 14, 1969 from Erin Bain Jones to Summer Woods, Inc. and recorded under File Number C895421, Film Code 104-24-1103 of the Harris County Official Public Records of Real Property (H.C.O.P.R.R.P.) ; said 0.052 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a point for the end of a tangent curve to the left in the existing southeasterly right-of-way line of F.M. 2351; thence as follows: South 25°49'55" West, along said existing southeasterly right-of- way line, at 2.46 feet pass a found 4-inch x 4-inch concrete monument, in all a total distance of 140.28 feet to a 5/8-inch iron rod with SST aluminum disc set for the point of intersection with the proposed southeasterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,682.66, Y = 641,279.70) ; 1.) THENCE, SOUTH 09°58'43" West, along said proposed southeasterly right-of-way line, a distance of 120.05 feet to a 5/8-inch iron rod with SEHPT aluminum disc set for corner; 2.) THENCE, SOUTH 13°40'50" West, continuing along said proposed southeasterly right-of-way line, a distance of 134.23 feet to a 5/8-inch iron rod with SDHPT aluminum disc set for the point of intersection with the aforementioned existing southeasterly right- of-way line of F.M. 2351; e`fit' (� 0'13' E ?7' y (9'14'13" E 40.57 EXISTING R.O.W. LINE _ r T ••5 T le {'c. F.M. 2351 45*OO N 25'49'55" E as t 1 1- I t t+ • rn 7.-- w o o EXISTING rn `�° 8"F M. N. ° " • 0- R.O.W. LINE -� . - -- �• N. � N 25 49 55 E ca 8 EM o • 2.6 m 9 57.3 t 2 G. r {V ,� Q X 4.. 8"W v °} s,� }�'wt = `„ S 25°49655" W CO��'T� "[ i i in' 04 r) CONC. ter ;,. 120 •� 140.Z8 RR�s ON GpUN o � 98 gg . .� ,,,i'" 5 '43.'Y� �, 8'•W.L • S't O o ENTEX 1 %- 09° a m �` P�� Z" ENTEX %� �- PL':MKR• . o •Z'55 E -'`;:=ram 5 3 t, : .tit ,,�+ .T `�_ 0 23 • '.O.B?,PARCEL 9 PL.MKR. v tZ ._� t'S4•°40.50. W X-3,2139,682.66 S t3 R.0 W. • LINE 443 AC' 'INC,: YLG41,279.70 �s' '' �� pRappSE N R �0�� • o . i S 75°ti4`48~'H ... .. -) •• 1NE 5. 59` `� r S 07°57`55" 'N I 49.34 1 - 7• � S • o•�. • 13 URyE"Y L!N • October, 1988 Parcel 9 Page 2 of 2 Pages EXHIBIT Page of Pages 3.) THENCE, NORTH 07°57'55" Fast, along said existing southeasterly right-of-way line, a distance of 198.98 feet to a point for corner; 4.) THENCE, NORTH 25°49'55" Fast, continuing along said existing southeasterly right-of-way line, a distance of 57.31 feet to the POINT OF BEGINNING, containing an area of 0.052 of one acre (2,270 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the Sir factor of 0.9998700) . '6 n L 47 i 0'13" E '.7• 19141 3" E 40.57' r EXISTING R.O.W. LINE • T .� T r •. . - "-'q. F.M. 2351 45+00 N 25'49'55" E • !"4.- ! — 1 r ( 1 +1 -- 06 i 5.7. OI 8" W.L..17 m o •o • EXISTING 4. WI ° to cav 8'FM. N cri Q, N 25049'55" E co iD R.O,W. LINE �� `� • 2...G. .050) S 57.3 1 r► 'rt.; 2"G. 8„ F.M. �. r " v `-�""" S 25"49 55 Mf O FNO. • ca ,n F110 ,f 4"x 4" $ W.l v r,<re'o'"• �,i t 2 14 0.2 8' S CCV�1-614 G�U �� v COtlC.MOB 9$ �=L :Y: og8°� V x 8'•WI.L ;A�-'10�� 2 G. ENTEX - PL.MKR. b�051 5� 4 2�, '.O.B, PARCEL 9 PL.MKR. v ,50y• ,H i3 - X=3,209,682.66 S t.5 40 R !Ij USE- ' a #NC' Y=641,279.70 44 �5 , ,_ PapOSED • tAO�, �O6‘ :.96• T S' \.. S 75°14`48"W _ _I{vE 5. 59� S 07°57�55" w 1 43.34 - o c-P Ry LINE. ti cMEmo 2Lty of 9'Z1En(�cilcuood v'2t9 SEczEtaty '1 c_J f fLCE 7atE /--3 �/ 482-3323 D - 9-1-1 ,5,0,1,6-71,c 1 et,ioudt 0,.,wil. ,i,W p 67-57 D-5-- WMut4- GC (1-1 c5' CU-0 Wk-uN AO ' t 3-t-tN,v% . j CathA lu2c - ko cRilisur ittre had - PAUL W. SCHRADER L jet16. Mayor �2r. ,J- , _ •�a Councilmembers c'E; 9LEIZcLcUOOcI RON RITTER � '.'i' £? ty of ROBERT WICKLANDER `..` \ i.:' EVELYN NEWMAN . �+ ` .'`� '' 109 WILLOWICK 713/482-3323 ED STUART • ` FRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH RONALD E. COX 11/4 ZBl !� HAROLD RALEY � City Manager c DELORIS ARCHER, CMC ' r ` •4%4' City Secretary April 22, 1991 Sharon Maxwell State Department of Highways and Public Tansportation Post Office Box 1386 Houston, Texas 77251-1386 Dear Ms. Maxwell, Attached you will find the original Special Warranty Deed for Parcel 9 for the right of way needed for the FM 2351 widening project. • Should you require additional information, please do not hesitate to . contact me. . Sincerel , EN 'a'-1)2"j)- Elizabeth Ayers City Clerk September 12. 1990 Mr. William F. Ellis , Vice President NCNB Texas 901 Main Street, 20th Floor P.O. Box 831500 Dallas, Texas 75283-1500 RE: John L. Jones Trust, et al State Highway Dept. Acquisition, Parcel 8 Dear Mr. Ellis : In answer to your letter of August 22, 1990 regarding the acquisition of Parcel 8 for the widening of FM 2351, the City Council of Friendswood voted to purchase the parcel of land necessary for the widening from the John L. Jones Trust for a net amount to the trust of $5,000.00. The addendum "Exhibit A" was approved by our City Attorney, John Olson, and will be a part of the conveyance of this parcel of land. The conveyance will be by Special Warranty Deed and all closing expenses will be paid by the purchaser. The Contract of Sale is enclosed as well as the Special Warranty Deed and Addendum A and B. Upon execution of these instruments, the City of Friendswood will forward you a check payable to NCNEI Texas National Bank, Trustee of the John L. Jones Trust, et al in the amount of $5,000.00. Your help in securing this property for the State of Texas Highway Depart- ment is greatly appreciated. Upon receipt of these contract should you have any questions or perhaps corrections, please call . Sincerely, Evelyn B. Newman City Council Encl . (713) 482 2112 I _ M.. 6LPY a-P i °. -e) - 4c) • _1 IT1.r\.,,,, _ IDrccinc „et -,.„ rri Count. CC: &one CITY MGR. El Franco Lee, COMMISSIONER 1001 Preston Ave. Houston,Texas 77002 July 5, 1990 713/221-6111 �,�06789/n The Honorable Paul W. Schrader - Mayor o JUl199 City0 v- of Friendswood rn p' c„ 109 Willowick Ec Eo oiprwD Friendswood, Texas 77546 'Po, l W REF: FM 2351 Tract 8 Acquisition 'r`'blrZZZ‘202`°`0 Dear Mayor Schrader : Per your request we have researched the acquisition of property for 0% Precinct One 's Randolph Park to verify if the captioned tract was, by 4 chance, purchased by Harris County. . It Research conducted by both the County Engineer Department and the ko Right of Way Department has concluded that this tract was not included in the acquisition of Randolph Park property, nor was it included in the Clear Creek Right-of-Way acquisition by Harris County I) Flood Control District . For your information and files as required, I have enclosed a copy of l, the deed and property and topographic surveys of the Randolph Park site. Should you need additional information or may I be of further 4 assistance, please advise. . /V Very truly yours, D r7 i I - 14 — T Char l M EVo , P_ 2 d��" iy f is. - e"'� Project Superintendent 'Q - j `tGG� A 0 8'3/S, CMW:al f ,� / ( _s-:r.� "/ / 2 Z / / Uv cc: Willie Louton (#91 !, II__� l� -9, b ern I--Ja tV 7 t 11916? 01,,.) _e3 --eCI-C/ g /i 2- 3 LI 0, iv" tb_.,6,7 4 , ,10-0 7 5- 3 8 i ' AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 713/991-6881 ✓ PAUL W. SCHRADER 0.��► �,` Mayor ••��8. G `' 1 91.1.EncLcuood Counciimembers : � E y £ Ly o %!"" :','r t. ROBERT WKLANDER ``' - �'` VS EVELYN NEWMAN �:; `` �,. 109 WILLOWICK 7131482.3323 ED STUART FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY A. FRANK FRANKOVICH 1®r ,7 July 19, 1990 City Manager '4- lfi DELORIS ARCHER, CMC ' -s_sus`' City Secretary Mr. William F. Ellis Re: John L, Jones , Jr. Estate NCNB - Texas National Bank State Highway acquisition 20th Floor of NCNB Plaza 0.453 acre 19,748 sq. feet P.O. Box 831500 Parcel 8 Dallas , Texas 75283 - 1500 Dear Mr. Ellis : The State Highway Department has forwarded the map and metes and bounds description of Parcel 8, which is the property required by the State Highway Department to have sufficient right-of-way to complete the acquisition for the widening of Highway 2351. The land area required is 0.453 or 19,748 square feet. As explained to you , per our telephone conversation , neither Galveston or Harris County want to claim it and it has been left up to the City of Friendswood to negotiate and acquire. The acquisition of this property was not a budgeted item for the City of Friendswood so we would appreciate your consideration in establishing a reasonable acquisition price. The County Commissioners office of Harris County estimated a figure of $5 ,000. for the 0.453 acre. I am enclosing some photographs of the area where this property is located. The State Highway Department owns or has right-of-way from the bridge to approximately thirty feet into the wooded ravine. The property which is in the John L. Jones , Jr. Estate is located beyond the tree line. There is a steep incline down from the bridge railing to the property the State Highway Department is requiring. Please call me if you have any questions regarding this property. Sincerely, Evelyn B. Newman , City Council Member Position 3 Enclosures cc: Mayor Paul Schrader Harris County Commissioners Court Galveston County Commissioners Court //..c.9.Away 2351 badge oveiz. 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',t...%..,:.r•.t." 2.....,,,, ,f76::1 I October, 1988 Parcel 8 Page 1 of 3 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 2351 Project Limits: Fr-cm F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-01-021 Field Notes for Parcel 8 Being 0.453 of one acre (19,748 square feet) of land, more or less, out of a 0.633 acre residue of Lot 61 of the Hoidale and Coffman Subdivision, a subdivision of record situated in the Perry and Austin League, Abstract 55, Harris County, Texas according to the map or plat thereof recorded in Volume 3, Page 6 of the Harris County Map Records (H.C.M.R.) ; said Lot 61 being the same land described in deed dated July 19, 1937 from Sallie Shepherd Perkins, et al to John L. Jones, Jr. and recorded in Volume 1063, Page 300 of the Harris County Deed Records (H.C.D.R.) ; said 0.453 of one acre of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a 3/4-inch iron rod found for the most northwesterly corner common to Lots 20 and 21 of Enchanted Woods a subdivision of record situated in said Perry and Austin League and recorded in Volume 1616, Page 95 of the Galveston County Deed Records (G.C.D.R.) ; thence as follows: South 78°13'47" Fast, along the line common to said Lots 20 and 21, a distance of 120.68 feet to a point for the most easterly corner common to said Lots 20 and 21; North 18°54'13" Fast, along the southeasterly line of said Lot 20, a distance of 30.96 feet to a point for corner; North 60°41'46" Fast, continuing along said southeasterly line, a distance of 113.24 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351 and being the POINT OF BEGINNING (X = 3,209,224.47, Y = 640,790.74) ; 1.) THENCE, NORTH 60°41'46" Fast, continuing along said southeasterly line, a distance of 63.01 feet to a point for corner; October, 1988 Parcel 8 Page 2 of 3 Pages EXHIBIT Page of Pages 2.) THENCE, NORTH 29°11'13" Fast, continuing along said southeasterly line, a distance of 91.42 feet to a point for the most easterly corner of said Lot 20; 3.) THENCE, NORTH 56°43'47" West, along the northeasterly line of said Lot 20, a distance of 13.72 feet to a point for the most easterly corner common to said Lots 19 and 20 and being in the centerline of Clear Creek; 4.) THENCE, NORTH 63°50'13" Fast, along said centerline of Clear Creek, a distance of 30.87 feet to a point for corner; 5.) THENCE, NORTH 79°14'13" Fast, continuing along said centerline, a distance of 40.57 feet to a point in the existing northwesterly right-of-way line of F.M. 2351; THENCE, Southwesterly along said northwesterly right-of-way line of F.M. 2351, the following courses: 6.) SOUTH 25°49'55" West, a distance of 56.87 feet to a point for corner; 7.) SOUTH 29°54'20" West, a distance of 284.79 feet to a 4-inch x 4-inch concrete monument found for corner; 8.) SOUTH 72°19'53" West, a distance of 58.01 feet to a 4-inch x 4-inch concrete monument found for corner; 9.) SOUTH 41°41'30" West, a distance of 31.98 feet to a point for the most easterly corner of said Lot 21; 10.) THENCE, NORTH 25°36'47" West, along the northeasterly line of said Lot 21, a distance of 23.72 feet to a point for corner; 11.) THENCE, NORTH 18°33'47" West, continuing along said northeasterly line, a distance of 14.50 feet to a point in the proposed northwesterly right-of-way line of F.M. 2351; 12.) THENCE, NORTH 39°12'43" Fast, along said proposed northwesterly right-of-way line, a distance of 122.98 feet to a 5/8-inch iron rod with SDHPT aluminum disc set for corner; October, 1988 Parcel 8 Page 3 of 3 Pages EXHIBIT Page of Pages 13.) THENCE, NORTH 19°34'45" Fast, continuing along said northwesterly right-of-way line, a distance of 74.04 feet to the POINT OF BEGINNING, containing an area of 0.453 of one acre (19,748 square feet) of land, more or less. (All bearings are based on the Texas Coordinate System, South Central Zone. All distances and coordinates are surface and may be converted to grid by multiplying by the SDHPT factor of 0.9998700) . — 102 5Z6zj� e•P w " / 1, 4 e�� .poor% b e.v l� County ft MINco Z-Iarr RECEIVED '�f /\ .1 / IllirY IF FRIENDSWIOD _fil ,A / 6 Cn Y3ECRE7ARY DI1CCjflC Onc i .05 t. (t3 1001 Preston Ave. El Franco Lee, COMMISSIONER Houston Texas 77002 r June 21, 1990 N 713/221-6111 1 E Mr . Terry Anderson, P. E. County Engineer Building / 1 ATTN: Mr . Ricky Rivero i I REF: FM 2351 Right of Way Tract No . 8 5 Dear Ricky: The City of Friendswood is undertaking steps to acquire right of way for the captioned project . In the course of this action and in researching various deeds, the City has found that Tract 8 is owned by the same party from whom we purchased the Randolph Park property. i In this regard would you please take the necessary steps to coordinate with Right of Way and determine if FM 2351 Right of Way Tract 8 was or was not included in the acquisition of property for Randolph Park? Also, if it was included, how was it funded? If possible, I would appreciate a response by July 5, 1990 so I may advise the Mayor of Friendswood prior to their July 9, 1990 Council meeting. Very truly yours, (we,i dog ic, *,e .,_. 4,-- Charles M. Wilcox, P . E Project Superintendent CMW:al cc: Mayor Paul W. Schrader Billy Owens Paul Mauricio AREA OFFICES SERVICE CENTER 5737 Cullen Blvd. 1413 Westheimer Rd. 3701 Cavalcade St. 7300 N.Shepherd Dr. 6702 Willardville Rd. Houston, Texas 77021 Houston, Texas 77006 Houston, Texas 77026 Houston, Texas 77091 Houston, Texas 77048 713/221-6119 713/528-1900 713/675-0004 713/697-1104 7131991-6881 xi , ,,N `ti AUG 1990 (i' i ti RECEIVED >70 THE COUNTY OF GALVESTON ‘70CITYciOuFfsERI/19/ ENpSMl000CRETARY `RIGHT F WAY DEPARTMENT COUNTYOCOURTHOUSE ANNEXS bt ROOM 118 GALVESTON. TEXAS 77550 PAUL D.SELMAN,SR/WA August 28, 1990 (409)766-2392 CHIEF RIGHT-OF-WAY AGENT (713)337-3585 EXT.392 Ms. Evelyn Newman City Council, City of Friendswood 109 Willowick Avenue Friendswood, Texas 77546 Re: F.M. 2351 Parcel 8 Dear Evelyn: As requested, I am sending a marked up deed and three blank copies for your use in acquiring Parcel 8 on F.M. 2351. Be sure to type in Exhibit "A" Page 1 of 2 Pages, etc. on the Field Notes furnished by the State and attach them to the deed. If we can be of any further assistance, please advise. Yours very tr y (/'=� "".M(./, Paul D. Selman PDS:cf Encls. EXHIBIT"A" Buyer represents that he is not an officer, director,or employee of NCNB Texas National Bank nor is Buyer acting on behalf of any such officer,director,or employee. This contract is executed by NCNB Texas National Bank strictly in its representative capacity, and said Bank shall have no liability whatsoever in its separate corporate capacity on any agreement contained in this contract. Notwithstanding any other provisions of this contract, Seller shall be obligated only to convey insurable title by Special Warranty Deed. Purchaser affirms that, except as specifically set forth herein, Seller has not made nor has Purchaser relied upon any representation, warranty or promise with respect to the subject matter of this Contract, Including, without limitation, any warranties or representations, express or Implied, as to (i) the value, use, tax status or physical condition of the Property, or any part thereof, repairs thereto, expenses of maintenance of operation thereof,the accuracy of any survey or plans thereof,(ii)the existence of any environmentally hazardous substances on the Property or of any violations of environmental laws with respect to the Property, or (iii) any other matter or thing relating to the Property. Purchaser will have an opportunity to investigate the Property and to satisfy itself as to the condition thereof. Without limiting the generality of the foregoing, Purchaser agrees to accept the Property "as is" and in its present condition, subject to normal wear and tear and those matters herein specified. Buyer represents that he will not secure any loans from NCNB Texas National Bank or any affiliate thereof for financing the purchase of this property. cF.oa�sest#ftkseTr.:�y+?�rtiE�o'tf#�1�J!!:�? ''' Disclaimer of Liability for Toxic or Hazardous Materials To the best of Seller's knowledge,no toxic or hazardous materials have been deposited on the property, and Seller hereby disclaims any and all liability for any condition not heretofore discovered as to the physical condition of the soil,subsoil,and water. BUYER: SELLER: NCNB TEXAS NATIONAL BANK,TRUSTEE By: Date: Date: NCNB Texas Trust Real Estate 901 Main Street,20th Floor (214)508-1610 P.O. Box 831500 Fax(214)508-1670 . , Dallas,Texas 75283-1500 CB o, � 22 2442S?6�j� Texas AUG 1990 w Gna "' RECEIVED co OF FRiedoSWppv ,L August 22, 1990 i, CINSECRETARY C„ Ms. Evelyn B. Newman, City Council Member /0i 6 L-J�� Position 3 City of Friendswood 109 Willowick Friendswood, TX 77546-3898 RE: John L. Jones Trust, et al State Highway Dept. Acquisition Parcel #8 Dear Ms. Newman: Pursuant to our telephone conversation, this letter is to confirm that our Trust Investment Committee has approved the sale of 0.453 acres out of the Perry & Austin League, Abstract 55, Harris County, Texas to the State Highway Department for the purpose of widening Highway 2351. As I discussed with you over the telephone, I am forwarding to you a copy of an addendum ("Exhibit A"), which needs to be attached to the Contract of Sale. The conveyance of the "surface only" will be made by Special Warranty Deed and the Trusts will receive a net check of $5,000. All closing expenses will be paid by the purchaser. The exact style of the Seller is as follows: NCNB Texas National Bank, Trustee of the John L. Jones Trust, Barbara Groves Paschall Trust, Otis Bain Gary Trusts, Sue Paschall Trust, Charles E. Paschall, Jr. Trust, and Barbara E. Paschall Trust. Please proceed to have the Contract of Sale drawn and forward it to my attention for review. Should you need any additional information, pleaes do not hesitate to call me. Sincerely, Ze;'7711`t=7.1geeli_ William F. Ellis Vice President (214) 508-1619 WFE/iy TS7 PAUL W. SCHRADER L��`,�" �� L '1� k, Meta ff \ J£ Ct O J rtiEIZ�d.UTOOdROBERT WICKLANDER EVELYN NEWMAN 109 WILLOWICK 713/482-3323 ED STUART FRIENDSWOOD, TEXAS 77546-3898 HAROLD RALEY A. FRANK FRANKOVICH i x City Manager DELORIS ARCHER,CMC ,S y City Secretary September 12 , 1990 The Honorable El Franco Lee , Commissioner Harris County Precinct One 1001 Preston Avenue Houston, Texas 77002 Reference : FM2351 Dear Commissioner Lee , The widening and improvement of FM2351 is very important to the residents of Friendswood and Harris County. Increased traffic resulting from growth and the recent opening of Clear Brook High School have created significant traffic delays and safety concerns . As you know, the State Department of Highways and Public Transportation (SDHPT) has allocated sixteen million dollars ( $16 , 000 , 000) for this project . All right-of-way issues have been resolved and the City is moving forward with relocation of our utilities . We believe the only remaining issues are relocation of the Exxon pipelines and Harris County 's timely funding (commitment) of the associated costs . We respectfully request that you review your funding of the project and take all necessary action to complete your agreement with Exxon. We believe such action will allow the project to move forward without further delay. In addition it will resolve the traffic and safety problems and assure that SDHPT funding remains in Harris County, Precinct One . We appreciate your assistance and the efforts of Chuck Wilcox and Ricky Rivera . Please keep me informed of your Page two Commissioner El Franco Lee September 12 , 1990 progress and contact me if you need any additional information. S ' - ely , 0.• . W. Schrader Mayor PWS/jt cc : Councilmembers Melvin Meinecke , Acting City Manager Chuck Wilcox , Harris County Ricky Rivera , Harris County Dr . Margaret Snooks , Clear Creek Independent School District 1� �►� SPECIAL WARRANTY DEED � C' ti THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: 4 2"'8 "'2 COUNTY OF HARRIS ) THAT Republic National Bank of Dallas, Trustee ("Grantor" herein) , acting herein by and through its duly authorized officers, for and in consideration of the sum of Two Hundred Twenty Two Thousand Six Hundred Eighty-Five and no/100 0222,685.00) Dollars, to it in hand paid by the County of Harris receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said County of Harris, a body corporate and politic , under the laws of the State of Texas, all that certain tract or parcel of land situated in the County of Harris, State of Texas, described as follows: 73. 1636 acres of land out of Lots 61 and 62 in "The Subdivision of 2069 acres of land out of the upper end of the Perry and Austin League" as shown on plat / recorded in Volume 3, Page 6 of the Map Records in Harris County, Texas, said tract of land being more fully described by metes and bounds as follows: BEGINNING AT a concrete monument on northwesterly right of way line of F.M. #2351 marking the P.C. of a curve to the left in a southwesterly direction, said concrete monument being the PLACE OF BEGINNING of the 73. 1636 acre tract herein described; THENCE in a southwesterly direction with a curve to the left having a radius of 1492. 73 feet, a central angle of 32°44'00" and a length of 852.80 feet to a ((J/ concrete monument marking the P.T. of said curve; THENCE S 29° 00'00" W, continuing with said northwesterly right of way line of F.M. #2351, 413. 17 feet to a point on said right of way, being at right angles to and 150.00 feet perpendicular to the centerline of Clear Creek, said point marking the most southerly corner of the 73.1636 acre tract herein described; THENCE with the following courses and distances along a line being parrallel with and 150.00 feet perpendicular to the centerline of Clear Creek, 83. S 82° 46" 00" W 118. 76 feet 82. N 46° 30' 00" W 50.57 feet 81. N 41° 09' 00" W 42.78 feet 80. N 09° 53' 00" W 100.80 feet 79. N 27° 56' 00" W 190.28 feet 78. N 32° 36' 40" W 275.22 feet 77. N 31° 52' 33" W 262.85 feet 76. N 41° 32' 06" E 110.02 feet 75. N 01° 36' 48" W 205.61 feet 74. N 05° 26' 32" E 172.92 feet 73. N 48° 18' 50" E 112.66 feet 72. N 52° 14' 52" E 41.24 feet 71. N 63° 43' 59" E 74. 79 feet 70. N 50° 31' 54" E 371. 74 feet 69. N 25° 08' 40" E 355.80 feet 68. N 09° 46' 05" E 52.08 feet 67. N 00° 57' 22" W 665.62 feet 66. N 54° 12' So" W 259.49 feet 65. N 37° 28' 44" W 162. 10 feet 64. N 08° 24' 36" E 19.67 feet 63. N 34° 04' 11" E 218. 16 feet 62. N 51° 21' 43" W 231.25 feet 61. N 74° 34' 03" W 156.22 feet 60. N 56° 33' 31" W 24.20 feet 59. N 47° 20' 22" W 62.70 feet SR. N 39° 2S' S3" W 14.43 feet • THENCE S 44° 21 ' 00" E, parallel with and 300 feet northeasterly of the common line between Lots 61 and 62, 1779.43 feet to a 5/8" iron rod set for corner; THENCE S 20° 57' 10" W, 185.36 feet to a 5/8" iron rod set for corner; THENCE S 24° 29' 24" W, passing at 141. 10 feet the division line between Lots 61 and 62, in all 308. 18 feet to a 5/8" iron rod set for corner; j�,,l THENCE S 22° 47' 34" W, 156.48 feet to a 5/8"iron rod set for corner; :4 THENCE S 44° 21' 00" E, 906. 87 feet to a 5/8" iron rod set for corner; iii THENCE S 45° 39 ' 00" W,750.21 feet to a 5/8" iron rod set for corner; THENCE S 37° 59' 25" E, 200.00 feet to the PLACE OF BEGINNING and containing 73. 1636 acres of land more or less. 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 County of Harris, its successors and assigns forever; And the said Republic National Bank of Dallas, Trustee, does hereby bind itself, its successors and assigns ; to warrant and forever defend all and singular the said premises unto the said County of Harris, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under us , but not otherwise. The Grantor reserves all of the oil, gas and sulphur in and Eder said land, but waives all right of ingress and egress for the purposes of exploring, developing, mining or drilling for the same; This conveyance is made by Grantor and accepted by said County of Harris subject to all matters of record filed in the office of the County Clerk of Harris County, Texas, only to the extent that same may affect the property described herein and are still in full force and effec . EXECUTED this the 4—day of77106/te„.X., , 1979. REPUBLIC NATIONAL BANK OF DAL S, T STES/4%--. ATTEST: / BY: C'..). 6.,„Lagoelt„ (17.. 1u,,--------- C. Wallace Robinson, Vice President and Trust Officer Assistant Secretary THE STATE OF TEXAS ) COUNTY OF HARRIS .) . BEFORVNIgihe undersigned authority, a Notary Public in and for said County and Statsn"t11s day personally appeared C. Wallace Robinson, Vice President and Trust Offi. ; Republic National Bank of Dallas, Trustee, known to me to be the person and ,q" ' 'Cer whose name is subscribed to the foregoing instrument and acknowledged to me ' tha'1 .h.e/isame was the act of said Republic National Bank of Dallas, Trustee, ' .,;.-74-5:, i 4'.., .--t-4:,,,,...4,, , , .„.,•. ..... ,,,.., , - STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this Instrument wee FILED le Cr, File Number Sequence on the data and at the time stomped tom► hereon by me; and was duly RECORDED, In the Official Cr) K Public Records of Real Property of Harris County, Texas on Ile IC 13.1 C/Ci-- "' OCT 2 4 1979 n1 J tZ ' COUNTY CLERK, ' HARRIS COUNTY, TEXAS C3 I I P E" M 1 in x Q a OO W y{Y x g >. ``-L M Sri CV Q N w � Z CO Q D L 1 C IZ O — c� E. Z .-1$ ' ' 4 I tr Q =2 aq Q x z oI tif , "a 4-I CCC• U r+ Q H z 9 3 cx a >, Cr F- J CI u mOCI = u U E-Icp a V EC CC tD I- a .. ,,e-, , t. A , y r•,l t .. - . 007= 72= 038 9130322 GENERAL WARRANTY DEED / 1 DATE: 4.6' , 1991 GRANTORS: Donald E. Claycomb and wife, Cindy Claycomb GRANTEE: City of Friendswood, Texas CONSIDERATION: Ten and no/l00 Dollars ($10. 00) and other valuable consider- ation to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, PROPERTY (including any improvements) : SEE EXHIBIT "A" , attached hereto and incorporated herein for all purposes RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made and accepted subject to all zoning laws, mineral reservations, restrictions , easements , covenants and conditions , if any, of record, but only to the extent that they affect the above described property. Grantors, for the consideration and subject to the reserva- tions from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold unto Grantee, Grantee' s heirs , executors , administra- tors , successors , or assigns forever. Grantors hereby bind Grantors and Grantors ' heirs , executors , administrators , and successors to WARRANT and forever defend all and singular the property to Grantee and Grantee' s heirs , executors , administra, tors , successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty stated herein. When the context requires , singular nouns and pronouns include the plural. EXECUTED this (tom /1 , 91 . ,� `,1 2 DONALD E. CLAY MB Post-IUM brand fax transmittal memo 7671 I#of pages ►ITo From CL// Cmwt G 'Cr �'`�4-rA . lle) -t.o . 'cC ti C I N�CLA OMB Co. Phone Vero 3�C7_ Fax 4)61;31 # �VX 1 ACKNOWLEDGEMENT O O M_ 7 2- 1.1 5 3 9 STATE OF TEXAS [ 1 [ ] COUNTY OF GALVESTON [] This instrument was acknlwledged before me on iT - 1991 , by DONALD E. CLAYCOMB and yCIINNDY CLAYCOMB. NOTARY PUBLIC, STATE OF TEXAS NOTARY' S COMMISSION EXPIRES: ADDRESS OF GRANTEE: � ""•Q� WI�-L iE D. ARMOUR NOTARY PUBLIC, t State of Texas 'fre a,0, Comm. Exp.05-01-93 AFTER RECORDING RETURN TO GRANTEE 2 E1.HIBIT "A" PROPERTY DESCRIPTION O 0 " (0 .2589 Acre Tract) DESCRIPTION OF A 0.2589 ACRE TRACT OF LAND OUT OF AN 8.1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT NO. 83, GALVESTON COUNTY, TEXAS, ACCORDING TO DEED RECORDED IN' VOLUME 2041, PAGE 400 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8. 1017 Acre Tract; THENCE from said beginning point S6c°51' 29"W, along the Northwest line of said 8 .1017 acre tract, a distance of 120 .00 feet to a point for corner; THENCE S44°08 '31"E, parallel to the Northeast line of said 8 .1017 acre tract, a distance of 100 . 00 feet to a point for corner; THENCE N65°51' 29"E, parallel to the Northwest line of said 8. 1017 acre tract, a distance of 120.00 feet to a point for corner in the Northeast line of said 8 . 1017 acre tract; THENCE N44°08 '31"W, along the Northeast line of said 8 . 1017 acre tract, a distance of 100.00 feet to the place of beginning and containing 0.2589 acre, more or less. Claycomb to City of Friendswood Cul-de-sac Right of Way at End of Wilderness Trails Drive CSO CLty of 9ZLEYLdsWood 109 WILLOWICK FRIENDSWOOD,TEXAS 7 7 546-3898 007- 72- 0541 FILED ATE OF TEXAS COUNTY OF GALVESTON FOR RECORD I hereby certify that this instrument was filed on the date and time stamped hereon by me and g1 �C: g was duly recorded in the Official Public Records SEP3i' of Real Property of Galveston County Texas,on • :1.4 SEP 3 1991 COUNTY CLERK GALVESTON COUNTY,TEXAS 1.7 ckl,110•14"-"- z 14, COUNTY CLERK Y „y,', GALVESTON CO.,TEXAS DATE: August 1, 1991 T0: Ronald E. Cox City Manager FROM: James E. Thanpson /2a Community Development Director I have inspected the construction of the cul-de-sac provided on Don Claycomb's property at 37 Wilderness Trails. The improvements meet the standards as set forth and I recommend that the right-of-way deed for the property be filed of record at this time. ll Acceptance of Land at 37 Wilderness Trail We have enclosed a packet of information presented to us by Mr. and Mrs. Donald Claycomb. They are selling a parcel of land to an adjacent property owner to allow that property owner access through their property to Wilderness Trail. They have indicated a willingness and interest to donate some additional right of way to the City in order for a turn around at the end of Wilderness Trail to be constructed. We realize that normally in development type issues, the developer donates rights of way and improved streets to the City as a part of the cost of development. However, these are a little different circumstances. Currently, there is no turn around at the end of Wilderness. Trail and it makes it difficult for large vehicles, particularly school buses and fire apparatus, to turn around at that location and come back down the street. Jimmy Thompson and Melvin Meinecke have both indicated that it would be appropriate to accept this property. The property owner has committed to improve it to the extent that they would place limestone base material on the surface only. There would be no concrete or asphalt surface provided. The development in that area, would determine when or if hard surface actually is needed. As a result, this is not a typical street donation. We wanted to get your concurrence as to the concept before any final work is done. Other work needed to be done is more detailed with regard to the base material to be placed on the ground, drainage, the deliverance of the warranty deed, and other items our City Attorney and Community Development staff might feel necessary. REC Attachement: (1) Packet of information from Mr. and Mrs. Claycomb. (2) Memo from Community Development Director Jimmy Thompson dated May 28, 1991. AGENDA ITEM C'ty Council Date: ___ q I prove Denied 37 Wilderness Trail CMR9106.1I/TXTKSN02 • • • (1 ' FarrI1 a1nc.. • 104" SINCE 1956 P.O. BOX 9 331 E. PARKWOOD AVE. FRIENDSWOOD, TEXAS 77546 713-482-3404 �✓ j �' 3•?/ Dear Sirs, May 24, 1991 This letter is to offer to donate the property described in the attached legal for a circular turn-around at the end of Wilderness Trails in order to accomodate city emergency vehicles and garbage trucks. We would donate the property by general warranty deed and put the initial seven inches of compacted limestone in an eighty foot diameter cirdle per city engineer. If this proposal meets with your approval we will initiate the general warranty deed and said improvements immediately. Yr- ,(v\ rQ l • • • <• 1 _ PROPERTY DESCRIPTION . (0.1653 Acre Tract) DESCRIPTION OF A• 0.1653 ACRE TRACT OF LAND OUT OF AW B.1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT .NO. 83 , GALVESTON COUNTY, TEXAS , ACCORDING TO DEED FROM PROCTOR TO CLAYCOMB AS RECORDED IN FILM CODE NO. 006••74-2483 IN. THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8 .1017 Acre Tract; THENCE from said beginning point S65°51' 29"W, along the Northwest line of said 8 .1017 acre tract, a distance of 120.00 feet to a point for corner; THENCE 544°08 ' 31"E, parallel to the Northeast line of said 8 . 1017 acre tract, a distance of 100.00 feet to a point for corner; THENCE N65°51' 29"E, parallel to the Northwest line of said 6 . 1017 acre tract, a distance of 120 . 00 feet to a point for corner in the Northeast line of said 8 .1017 acre tract; THENCE N44°08 '31"W, along the Northeast line of said 8.1017 acre tract, a distance of 100 .00 feet to the place of beginning. and containing 0 .1653 acre, more or less. Claycomb to City of Friendswood • Culdesq.c Right of Way at End of Wilderness Trails Drive • ( ouo ) rvwa )1_�f l,, ,2/ o/... QYs I -f hjf-va -a J)�1!D J7 / ��k.�: 'P og ; 0 JN ry o o�S.,lt/!j ?Di.o*7(t.0 S.DtI�N, G Nr�p p }nd r- 11 r �� ''f r9("7 /'n iv. ' hq S)'viJ., Ss" �ty-I a o t pro s9 h 7 O P)'� qua }� 0 f, f pv"j( 00i x Ot) 3-rU00 . Q-'71c / 7 ssDNA.,-avI; (Y) ti �f Donald & Cindy Claycomb '� 37 Wilderness Trail ',:.,Nr-f;Z::('' ::::: Friendswood , TX 77546 rc O May 28 , 1991 `Q",,_, \\��q' CC: M & CC TO: Hon. Mayor and Council Members , City of Friendswood CITY MGR. RE: Land Transfer Proposal J. Thompson We are in the process of selling a strip of land along the northern boundary of our property at 37 Wilderness Trail to Dr . Bill Roth and wife , Natalie , to be used as a driveway by them for land they are purchasing adjacent to our property, • which has no other legal access . In order for both the Roth' s and ourselves to each have legal access to our properties from Wilderness Trail , we propose to give the City of Friendswood a block of land 120 'L x 100 'W, at the end of Wilderness Trail , with a 40' turnaround installed , as per City size requirements . (See Attachment "A" . ) A survey has been completed ( see Attachment "B" ) and we are prepared to transfer ownership of this 120 ' x 100 ' block at no cost to the City, upon acceptance by the Mayor and City Council . As stated , this transfer would enable both the Roth' s and ourselves legal access from the road , and would also be of benefit to the City, as it would provide a turnaround at the end of Wilderness Trail for emergency vehicles , school buses , mail services , sanitation services , and other street traffic . Presently, the road dead-ends at our property line and there is no turnaround capability. We respectfully request the City of Friendswood consider our proposal and accept this block of land . Sincerely, - ;' - NI AY 1 2 2* ''1 Donald E. Claycomb -v o RE:::R E+l 1. Q/-• l;1 e01Yt�f �� CITY i il/r,��? Cindy L. Cla comb %�j�l � � Attachments : Attachment "A" - Proposal Sketch Attachment "B" - Survey AGENDA ‘) _ 3. 91 i rL J IN N OQTI-1 P1 CIPERT Y Ltr1F EX $TING ROW 2 ' , / I'�l L. MARKER S., 65' 6-I ' 2T61W lace AccEgS core pRoposED TURN r . _ -W1t, hCRN -SS Dn• ROTHA ROuNTD TRR1 L, o f 0 f` Z1 O R, E hl iJ O F TZ o x► p "' PREst:NTLy • o 0 � I , _ i _ NEW V1.' NOR�� N EXiSTInG ROW 0 0 7 I- 7 7 { 4 N GS°Sr 'z1"W 12o ' • z z \.____IF PRoPoSED hiz:- W Rovv LIME L_ Ex�sr PROPERTY L% NE 37 e EXHIBIT "A" PROPERTY DESCRIPTION (0.258 Acre Tract) 0.2 587��� �, DESCRIPTION OF A 0. 3 AC TRACT OF LAND OUT OF AN 8.1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT NO.A83, •T' icr 1 GALVESTON COUNTY, TEXAS, ACCORDING TO DEED FROM PROCTOR TO CLAYCOMB AS RECORDED IN FILM CODE NO. 006-74-2483 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8 .1017 Acre Tract; THENCE from said beginning point S65°51' 29"W, along the Northwest line of said 8.1017 acre tract, a distance of 120.00 feet to a point for corner; THENCE S44°08 ' 31"E, parallel to the Northeast line of said 8 .1017 acre tract, a distance of 100. 00 feet to a point for corner; THENCE N65°51'29"E, parallel to the Northwest line of said 8.1017 acre tract, a distance of 120. 00 feet to a point for corner in the Northeast line of said 8.1017 acre tract; THENCE N44°08 ' 31"W, along the Northeast line of said 8.1017 acre tract, a distance of 100.00 feet to the place of beginning and containing 03 acre, more or less. Claycomb to City of • Cul-de-sac Right c� of Wilderness Tr4 Z R z C R W 'V w h- H 4 . O 3 LL ..1 U S DATE: May 28, 1991 - ("::gi:2: TO: Ronald E. Cox City Manager 6r�r , FROM: James E. Thompson �1 < I �1 ' ,t Community Developitfent Director SUBJECT Wilderness Trail Cul-de-sac Dedication I have reviewed the attached correspondence regarding an offer to donate an improved cul-de-sac for Wilderness Trail. This roadway is currently a long dead end with no turn around for school buses, emergency vehicles, etc. I would, therefore, recommend that we accept this offer realizing that we will have to surface the base provided at some time. Drainage currently crossing this tract will need to be maintained and the landowner will need to contact the Engineering Department for an inspection of the improvements prior to final acceptance. 19- �2627'Z8Zg3��f Donald & Cindy Claycomb SAY 1991 37 Wilderness Trail a . .P ;LC Friendswood , TX 77546 FRlENDSWOOD �r '�EGRE7ARY cb May 28 , 1991 1�<�fdl F Z1\\AT• I � CC: M & CC TO: Hon. Mayor and Council Members , City of Friendswood CITY MGR. RE: Land Transfer Proposal J. Thompson We are in the process of selling a strip of land along the northern boundary of our property at 37 Wilderness Trail to Dr . Bill Roth and wife , Natalie , to be used as a driveway by them for land they are purchasing adjacent to our property, which has no other legal access . In order for both the Roth' s and ourselves to each have legal access to our properties from Wilderness Trail , we propose to give the City of Friendswood a block of land 120 'L x 100 'W, at the end of Wilderness Trail , with a 40 ' turnaround installed , as per City size requirements . (See Attachment "A" . ) A survey has been completed ( see Attachment "B" ) and we are prepared to transfer ownership of this 120 ' x 100 ' block at no cost to the City, upon acceptance by the Mayor and City Council . As stated , this transfer would enable both the Roth' s and ourselves legal access from the road , and would also be of benefit to the City, as it would provide a turnaround at the end of Wilderness Trail for emergency vehicles , school buses , mail services , sanitation services , and other street traffic . Presently, the road dead-ends at our property line and there is no turnaround capability. We respectfully request the City of Friendswood consider our proposal and accept this block of land . Sincerely, Donald E. Claycomb Cindy L. Claycomb Attachments : Attachment "A" - Proposal Sketch Attachment "B" - Survey 1-- I1. C J G 1'4'1 NOQTI-1 PROPERTY E I3TING ROW ., IN\ Al— imARVER /- P. L. S, 65o 6--i ' /io'w 1,200f ACCESS roR PRoPaSEo -TURN r Wit. bERNE-"Sc Drz. RoTH AROVtit1 TR /atl, o f 0 'c. f END of Rol n z) , l p R E NTLy p N E W N o R.I14 ‘N EX#ST 11d G R0 W 1_ Ei-ti 3 ' mAFtK R 0 0 : i7 r _ — 2- 4 �4 N�6.VS-I '�q"w I �o ' • z z \___,.. PRoPOSED NtZ- W ROvv LIME EAcr i. PRoPERT'y LINE # 37 0 EXHIBIT "Jim PROPERTY DESCRIPTION (0.258 Acre Tract) 0.2 5_87-0(G ~ DESCRIPTION OF A 0. 3 AC TRACT OF LAND OUT OF AN 8.1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT NO.A83, ;,K1cr 1 GALVESTON COUNTY, TEXAS, ACCORDING TO DEED FROM PROCTOR TO CLAYCOMB AS RECORDED IN FILM CODE NO. 006-74-2483 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8.1017 Acre Tract; THENCE from said beginning point S65°51'29"W, along the Northwest line of said 8.1017 acre tract, a distance of 120.00 feet to a point for corner; THENCE S44°08 ' 31"E, parallel to the Northeast line of said 8.1017 acre tract, a distance of 100.00 feet to a point for corner; THENCE N65°51'29"E, parallel to the Northwest line of said 8.1017 acre tract, a distance of 120.00 feet to a point for corner in the Northeast line of said 8.1017 acre tract; THENCE N44°08'31"W, along the Northeast line of said 8.1017 acre tract, a distance of 100.00 feet to the place of beginning and containing 0: 3 acre, more or less. Cat_aSB7'7 • Claycomb to City of Friendswood Cul-de-sac Right of Way at End of Wilderness Trails Drive • (J,./ '; I efl SINCE 1956 P.O. BOX 9 331 E. PARKWOOD AVE. ���_TA/ FRIENDSWOOD, TEXAS 77546 713-482-3404 Dear Sirs, May 24, 1991 This letter is to offer to donate the property described in the attached legal for a circular turn-around at the end of Wilderness Trails in order to accomodate city emergency vehicles and garbage trucks. We would donate the property by general warranty deed and put the initial seven inches of compacted limestone in an eighty foot diameter circle per city engineer. If this proposal meets with your approval we will initiate the general warranty deed and said improvements immediately. 1/� ci f/ ( PROPERTY DESCRIPTION (0 . 1653 _Acre Tract) DESCRIPTION OF A 0.1653 ACRE TRACT OF LAND OUT OF AN 8. 1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT NO. 83 , GALVESTON COUNTY, TEXAS , ACCORDING TO DEED FROM PROCTOR TO CLAYCOMB AS RECORDED IN FILM CODE NO. 006-74-2483 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8 .1017 Acre Tract; THENCE from said beginning point 565°51' 29"W, along the Northwest line of said 0 .1017 acre tract, a distance of 120.00 feet to a point for corner; THENCE S44°08 ' 31"E, parallel to the Northeast line of said 8. 1017 acre tract, a distance of 100.00 feet to a point for corner; THENCE N65°51' 29"E, parallel to the Northwest line of said 6 .1017 acre tract, a distance of 120 . 00 feet to a point for corner in the Northeast line of said 8 . 1017 acre tract; THENCE N44°08 ' 31"W, along the Northeast line of said 8 .1017 acre tract, a distance of 100 .00 feet to the place of beginning, and containing 0 . 1653 acre, more or less. Claycomb to City of Friendswood Culdesac Right of Way at End of Wilderness Trails Drive • (4ouo ) A "do-id ry,uo ) vo Q • s�7Je a6 + q-lb � ro/P:ya4 h-r✓vgf 1 Df�f.),, ,,J o� 14"10115 - S13. a�� !f) o-f. h�tva �)�1!7 n71.-014,P og No JIVo,)s. w!! r7C7wo7 S?y-lN, (J lyric nd ;?---a 0 0 0 t A-r9` / rnJN.)' CT'ro� so hi_ of ) V ( oor X oLl 31.'0Uo0 . r pa.1)*,dwo] .,4 pVov_ty N1(1_1 f e�L 7 1A./p , J p V7V-1 t l fi cn•o'b sr)14. SSaura� ' CY) r - - May 28, 1991 EXHIBIT "A" PROPERTY DESCRIPTION (0.2589 Acre Tract) DESCRIPTION OF A 0.2589 ACRE TRACT OF LAND OUT OF AN 8.1017 ACRE TRACT OUT OF THE R. HOPPEL SURVEY, ABSTRACT NO. 83, GALVESTON COUNTY, TEXAS, ACCORDING TO DEED RECORDED IN VOLUME 2041, PAGE 400 IN THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS Beginning at the most Northerly corner of said 8.1017 Acre Tract; THENCE from said beginning point S65°51' 29"W, along the Northwest line of said 8.1017 acre tract, a distance of 120 .00 feet to a point for corner; THENCE S44°08 ' 31"E, parallel to the Northeast line of said 8.1017 acre tract, a distance of 100.00 feet to a point for corner; THENCE N65°51' 29"E, parallel to the Northwest line of said 8.1017 acre tract, a distance of 120.00 feet to a point for corner in the Northeast line of said 8.1017 acre tract; THENCE N44°08' 31"W, along the Northeast line of said 8.1017 acre tract, a distance of 100.00 feet to the place of beginning and containing 0.2589 acre, more or less. Claycomb to City of Friendswood Cul-de-sac Right of Way at End of Wilderness Trails Drive e�b2i+282y�OJ JI Cs)re PYi y1g91 �` ef�E1V L'' rn rifsEc RcrARy C\<lk ftZt CC: Ron COx Jimmy Thompson • • PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS , PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS CHESTER DRIVE . L.) AALi.„4_,401z..21,17__AZ J � ,$) �� i t l!A i.. . 6/ ' ,Ci /o � :,� _ a ` J ifs'/ Vat.O / • QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON THAT THE CITY OF FRIENDSWOOD, TEXAS , a municipal corporation of the State of Texas , located in the Counties of Galveston and Harris , for and in consideration of the sum of eleven thousand dollars ($11 , 000. 00) in hand paid by the Grantees herein named , the receipt of which is hereby acknowledged , have QUITCLAIMED, and by these presents do QUITCLAIM unto Donald C. Dawson and John L. Dawson of the State of Texas , County of Galveston , Grantees , their heirs , and assigns , all of the City of Fri_endswood ' s right , title , and interest in and to that real property situated in Galveston County, Texas , and particularly described in Exhibit "A" attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of the City of Friendswood ' s right , title , and interest in and to the premises described in Exhibit "A" , together with all and singular the rights , privileges , and appurtenances thereto in any manner belonging unto the said Grantees , their successors and assigns forever, so that neither the City of Friendswood nor its successors , assigns , legal representatives, nor any person claiming under the City of Friendswood shall at any time hereafter have , claim, or demand any right or title to the aforesaid property , premises , or appurtenances , or any part thereof. EXECUTED this 19th day of October , 1988. CITY OF FRIENDSWOOD Mayor Paul W . Schrader ATTEST: ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on the 19th day of October , 1988, by Paul Schrader, Mayor of the City of Friendswood, a municipal corporation of the State of Texas , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. A__4Q Notary u• c an( r tfie State of Texas My Commission Expires : .T m y 18 , 1 9 9 2-_. --. ---- G. F. NO. 88- 2637 EXHIBIT "A" Page 1 of 2 A 2 . 0736 acre tract of land being all of that portion of San Miguel Drive right of way beginning at the Southwesterly right of way of San Joaquin Parkway and Extending in a Southwesterly direction to the end of the cul-de-sac , lying entirely in Block 1 , Section 1 and Block 1 , Section 3 of San Joaquin Estates , Sections 1 , 2, and 3 , as recorded in Volume 17 , Pages 63 and 54 of Galveston County Map Records; COMMENCING at the most Southwesterly corner of San Joaquin EStates, Sections 1 , 2 , and 3 as recorded in Volume 17 , Pages 63 and 64 , Galveston County Map Records; THENCE North 39 ° 32 ' 07" East , along the most Westerly line of said subdivision, a distance of 1942. 12 feet to a point for a corner , said point being in the Southerly right of way of San Joaquin Parkway ( 80 foot right of way ) ; THENCE South 50° 33 ' 00" East, along said Southerly right of way of San Joaquin Parkway, a distance of 612. 00 feet to the PLACE OF BEGINNING of the herein described tract; THENCE in a Southerly direction along a curve to the right having a radius of 20 feet, a delta of 90 ° 00 ' 00 " and an arc length of 31 . 42 feet to the point of tangency; THENCE South 39° 27 ' 00" West, along a line being the West right of way of San Miguel Drive ( 60 foot right of way ) , as recorded in the above mentioned plat of San Joaquin Estates , Sections 1, 2, and 3 , a distance of 535 . 00 feet to a point of curvature ; THENCE continuing in a Southwesterly direction along a curve to the right having a radius of 720 . 00 feet , a delta of 22 ° 24 ' 44" and arc length of 281. 64 f4et to a point of reverse curve ; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 780. 00 feet, a delta of 26° 44 ' 35" and an arc length of 364 . 07 feet to a point of reverse curve ; THENCE continuing in a Southwesterly direction along a curve to the right having a radius of 35 . 00 feet, a delta of 79° 20 ' 36" , and an arc length of 48 . 47 feet to a point of reverse curve; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 35 . 00 feet, a delta of 84° 14 ' 44" , and a arc length of 51 . 46 feet to a point of compound burve; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 840 . 00 feet , a delta of 4 ° 05 ' 33 " , and arc length of 60. 00 feet to a point of compound curve ; THENCE in a Southeasterly direction along a curve to the left having a radius of 60 . 00 feet, a delta of 180° 00 ' 00" , and arc length of 188. 50 feet to a point of reverse curve; • G.F. NO. 88-2637 EXHIBIT "A" Page 2 of 2 THENCE in a Northeasterly direction along a curve to the left having a radius of 780 . 00 feet , a delta of 22 ° 24 ' 44 " and an arc length of 305. 00 feet to the point of tangency; THENCE North 39° 27 ' 00" East, a distance of 535 . 00 feet to a point of curvature; THENCE in a Northeasterly direction along a curve to the right having a radius of 20. 00 feet, a delta of 90° 00 ' 00" and an arc length of 31 . 42 feet to the point of tangency also being in the Southwest right of way of san Joaquin Parkway; THENCE North 50° 33 ' 00" West, along said Southwest right of way of San Joaquin Parkway, a distance of 100 . 00 feet to the PLACE OF BEGINNING , Containing 90, 327 square feet , or 2. 0736 acres , more or less . The area does not include any of the easements adjacent to the herein described tract of land as shown on San Joaquin Estates, Sections 1 , 2 , and 3, as recorded in Volume 17 , Pages 63 and 64 , Galveston County Map Records. • • '�— 02-08-85 UNIMPROVED PROPERTY EARNEST MONEY CONTRACT This Contract Is Limited to Transactions Where Intended Use Is For One To Four Family Residences PROMULGATED BY TEXAS REAL ESTATE COMMISSION I. PARTIES: (Seller)agrees to sell and convey to Donal C. Dawson __(Buyer)and Buyer agrees to buy from Seller the property described below. San Joaquine ES tat-s 2. PROPERTY: Lot Block__See Attached Metes and Bounds Addition, City of Fri enrinwnnrl , Gn 1 vectnn ,County,Texas,or as described on attached exhibit(the Property). 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 11,000 B. Sum of all financing described in Paragraph 4 below $ —0— C. Sales Price(Sum of A and B) $ 1 1 ,000 4. FINANCING: (Check applicable boxes below) ® A. ALL CASH:This is an all cash sale;no financing is involved. ❑ B. ASSUMPTION: (I) Buyer's assumption ol the unpaid principal balance ol a first lien promissory note payable to in present monthly installments of$ ,including principal, interest and any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing, the assumed principal balance of which at closing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,the assumed principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the total principal balance of all assumed loans varies in an amount greater than$350.00 at closing either party may terminate this contract and the Earnest Money shall be refunded to Buyer. If the noteholder on assumption(a)requires Buyer to pay an assumption fee in excess of$ in B(I)above or$ in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(I)above or % in B(2) above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. Nt7'ICE TO BUYER: Monthly payments, interest rates or other terns of some loans may be adjusted after closing. Before signing the contract,examine the notes and deeds of trust to detemuine the possibility of future adjustments. ❑ C. THIRD PARTY FINANCED: ❑ I. A third party first lien note of$ ,due in full in year(s), payable in initial monthly payments of principal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ for the first year(s)of the loan. NOTICE TO PARTIES: Before signing this contract Buyer is advised to determine the financing options from lenders. Certain loans have variable rates of interest, some have monthly payments which may not be sufficient to pay the accruing interest, and some have interest rate "buydowns" which reduce the rate of interest for part or all of the loan term at the expense of one or more of the parties to the contract. ❑ D. SELLER FINANCED: A promissory note from Buyer to Seller in the amount of$ ,bearing %interest per annum, and payable: ❑ I. In one payment due • after the date of the note with interest payable ❑ 2. In installments of$ [ ]including interest( ]plus interest beginning after the date of the note and continuing at intervals thereafter for year(s) when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ I ]including interest[ ]plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note is due and payable. ❑ 4. This contract is subject to Buyer furnishing Seller evidence of good credit within days from the effective date of this contract. If notice of disapproval of Buyer's credit is not given within five (5) days thereafter, Seller shall be deemed to have approved Buyer's credit. Buyer hereby authorizes Buyer's credit report to he furnished to Seller. Any Seller financed note may he prepaid in whole or in part at any time, without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof, this contract shall terminate and the Earnest Money shall be refunded to Buyer. 1,000.00 5. EARNEST MONEY: $ is herewith tendered by Buyer and is to be deposited as Earnest Money with , at (Address), as Escrow Agent, upon execution of the contract by both parties. ❑ Additional Earnest Money of$ shall be deposited by Buyer with the Escrow Agent on or before , I9 . 6. TITLE:Seller shall furnish to Buyer at Seller's expense either: ® A. Owner's Polley of Title Insurance(the Title Policy)issued by Title USA in the amount of the Sales Price and dated at or after closing:OR EJnimproved Property Earnest Money Contract—Page Two 02-08-$9 Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. 7. PROPERTY CONDITION: Buyer accepts the Properly in its present condition,subject only to 8. BROKER'S FEE. na. _, listing Broker, and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is no separate agreement, Seller agrees to pay Listing Broker in na County Texas. on consummation of this sale or on Seller's default a total cash lee of na of the Total Sales Price or upon Buyer's default,one half of the Earnest Money paid to Seller not to exceed the amount of cash fee. Escrow Agent is authorized and directed to pay Listing Broker said fee from the sale proceeds. 9. CLOSING:The closing of the sale shall he on or Mitre Oct. 5 , 19 88,or within seven(7) days after objections to title have been cured, whichever date is later(the Closing Date);however, if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall he extended daily up to fifteen (15)days if necessary to complete loan requirements. If either party fails to close this sale by the Closing Date, the non-defaulting party shall he entitled to exercise the remedies contained in Paragraph 15 immediately and without notice. 10. POSSESSION:1 he possession of the Property shall he delivered to Buyer at closing. II. SPECIAL PROVISIONS: (Insert factual statements and business details applicable to this sale.) 12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING: A. Loan appraisal fees shall be paid by na tta B. The total of the loan discount and buydown fees shall not exceed$ of which Buyer shall pay the first$ na and Seller shall pay the remainder. C. Seller's Expenses:Prepayment penalties on any existing loans paid at closing,plus cost of releasing such loans and recording releases;tax statements;mh of any escrow fee; preparation of deed; preparation and recording of any deed of trust to secure assumption;other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application, origination and commitment fees; private mortgage insurance premiums and any loan assumption fee;expenses incident to new loan(s)(e.g.,preparation of any note,deed of trust and other loan documents,survey (unless stipulated to be paid by Seller in Paragraph 201,recording fees,copies of restrictions and easements,Mortgagee's Title Policies,credit reports,photos);'/:of any escrow fee;any required reserve deposits for ad valorem taxes and special governmental assessments; interest on all monthly installment payment notes from date of disbursements to one(I)month prior to dates of first monthly payments;expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party,either party may terminate this contract unless the other party agrees to pay such excess. 13. PRORATIONS AND TAXES: Interest on any assumed loan,current taxes,any rents and maintenance fees shall be prorated through the Closing Date. If ad valorem taxes for the year in which the sale is closed are not available on the Closing Date,proration of taxes shall be made on the basis of taxes assessed in the previous year. If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing,such additional taxes shall be the obligation of Seller,and such obligation shall survive closing. 14. TITLE APPROVAL: A. If abstract is furnished, Seller shall deliver Complete Abstract to Buyer within twenty(20)days from the effective date hereof. Buyer shall have twenty(20) days from date of receipt of Complete Abstract to deliver a copy of the examining attomey's title opinion to Seller, stating any objections to title, and only objections so stated shall be considered. B. If Title Policy is furnished, the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to (I) restrictive covenants affecting the Property(2)any discrepancies.conflicts or shortages in area or boundary lines,or any encroachments,or any overlapping of improvements(3)taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership(4)existing building and zoning ordinances (5)rights of parties in possession (6) liens created or assumed as security for the sale consideration(7)utility easements common to the platted subdivision of which this Property is a part and(8)reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other than those recited above in sub-paragraphs(I)through (7)inclusive.Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub-paragraphs (I)through(7)above at least five(5)days prior to closing. If Buyer has objection to any such previously undisclosed exceptions. Buyer shall have five (5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing, it will he conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in sub- paragraphs(I)through(7). C. In either instance if title objections are raised,Seller shall have fifteen(15)days from the date such objections are disclosed to cure the same,and the Closing Date shall be extended accordingly. If the objections are not satisfied by the extended closing date, this contract shall terminate and the Earnest Money shall be refunded to Buyer,unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements showing no delinquent taxes,a Supplemental Abstract when applicable,showing no additional title exceptions and a General Warranty Deed conveying title subject only to liens securing payment of debt created or assumed as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyer. Each note shall be secured by vendor's and deed of trust liens.A vendor's lien and deed of trust to secure assumption shall be required,which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed, note(s),deed of trust or deed of trust to secure assumption, forms prepared by the State Bar of Texas shall be used. 15. DEFAULT: If Buyer fails to comply herewith. Seller may either (a) enforce specific performance and seek such other relief as may be provided by law or(h) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required. to(a)deliver the Commitment or(b)deliver the Complete Abstract. Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend the time for performance up to fifteen(IS)days and the Closing Date shall he extended pursuant to other provisions of this contract. If Seller fails to comply herewith for any other reason. Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(h)terminate this contract and receive the Earnest Money thereby releasing Seller from this contract. 16. ATTORNEY'S FEES: Any signatory to this contract. Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 17. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a) is not a party to this contract and does not assume Unimproved Property Earnest Money Contract concerning Page Three 02-08-85 (Address of Property) 19. USE ANI)UTILITIES:The intended use of the Property by Buyer is I (single family dwelling I I multiple family dwelling of units ( I mobile home. Utilities required at the Property for such use are ( I water I I sanitary sewer I I gas I I electricity I I telephone I I . If Buyer ascertains that applicable zoning ordinances,restrictions or governmental laws,rules or regula- tions prevent such intended use or that such required utilities are not available,or that the Property is located within the I(8)year flood plain as designated by the appropriate governmental authority, and Buyer so notifies Seller within days from the effective date of this contract, then the same shall terminate and the Earnest Money shall be refunded to Buyer: failure on the part oI'Buyer to give the notice within the required time shall constitute Buyer's acceptance of the Property for Buyer's intended use. 5 days prior to closing 20. SURVEY: ( X (required I I not required. If required.then within days from the effective date of this contract a current survey of the Property shall he furnished by and at the expense of I X(Seller( I Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of the survey together with any appropriate field notes shall be furnished to Seller and Buyer.The survey shall locate all improvements,encroachments and overlapping of improvements on the Property.together with all easements and roadways adjoining or crossing the Property. 21. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which arc a part of this contract are(list): 22. NOTICES: All notices shall be in writing and effective when delivered at the addresses shown below. 23. CONSULT YOUR ATIORNEY:The Broker cannot give you legal advice.This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATTORNEY: ATTORNEY: EXECUTED in multiple originals effective the day of , 19 .(BROKER:FILL IN THE DATE OF FINAL ACCEPTANCE.) (),0L-YbQA __ Buyer Seller �1 Buyer �2leller Buyer's Address Phone No. Seller's Address Phone No. AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay na ,Co-Broker. a fee of na of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. na na Co-Broker License No. Listing Broker License No. By: By: Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the form of • Escrow Agent: By: Date: , 19_. The Ibrm of this contract has been approved by the"lxas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions arc not to be used. (Rev. 02-85)TREC No. 9-1. This bunt replaces TREC No. 9-0. 0 5 5 TO FROM Title USA Company of Galveston Ms. Delores McKenzie 211 Parkwood, Suite 100 Friendswood, Texas 77546 City of Friendswood 713/482-9398 109 Willowick SUBJECT DATE purchase of street from the Dawsons October 14, 1988 MESSAGE: Delores, I am enclosing the original deed for you to have in your possession. This is once again suppose to close on Monday, I will telephone you as soon as it does and you can get the deed signed that night. Thank You for your cooperation. Debbie,.. please return_recorded_.document to me and also transmit payment to me fnr distrubtion. Thanks ! 6 _._ OCT 1988co o l0 9/), Sri RECEIVED N CITY OF FRIENDSWOOC 'ti WY SECRETARY '1, _�. DATE SIGNED 8837475 QUITCLAIM DEED 0 0 6- 12 - 2 0 7 2 THE STATE OF TEXAS % KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON THAT THE CITY OF FRIENDSWOOD, TEXAS , a municipal corporation of the State of Texas, located in the Counties of Galveston and Harris, for and in consideration of the sum of eleven thousand dollars ($11 ,000. 00) in hand paid by the Grantees herein named, the receipt of which is hereby acknowledged , have QUITCLAIMED, and by these presents do QUITCLAIM unto Donald C. Dawson and John L. Dawson of the State of Texas , County of Galveston, Grantees , their heirs , and assigns, all of the City of Friendswood' s right , title , and interest in and to that real property situated in Galveston County, Texas , and particularly described in Exhibit "A" attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of the City of Friendawood' s right , title , and interest in and to the premises described in Exhibit "A", together with all and singular the rights , privileges, and appurtenances thereto in any manner belonging unto the said Grantees, their successors and assigns forever, so that neither the City of Friendswood nor its successors , assigns , legal representatives , nor any person claiming under the City of Friendswood shall at any time hereafter have, claim, or demand any right or title to the aforesaid property, premises, or appurtenances, or any part thereof. EXECUTED this 19th day of October , 1988. CITY OF FRIENDSW D Mayor Paul . Schrader ATTEST: ACKNOWLEDGEMENT UU6- 12 -- 2073 THE STATE OF TEXAS § COUNTY OF GALVESTON This instrument was acknowledged before me on the 19th day of October , 1988, by Paul. Schrader, Mayor of the City of Friendswood, a municipal corporation of the State of Texas , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. otary u C n Anc. ? t o State of Texas My Commission Expires : July 18 , 1992 G.F. NO. 88-2637 EXHIBIT "A" Page 1 of 2 A 2 . 0736 acre tract of land being all of that portion of San Miguel Drive right of way beginning at the Southwesterly right of way of San Joaquin Parkway and Extending in a Southwesterly direction to the end of the cul-de-sac, lying entirely in Block 1 , Section 1 and Block 1 , Section 3 of San Joaquin Estates, Sections 1 , 2, and 3, as recorded in Volume 17 , Pages 63 and 54 of Galveston County Map Records; COMMENCING at the most Southwesterly corner of San Joaquin EStates, Sections 1 , 2 , and 3 as recorded in Volume 17 , Pages 63 and 64 , Galveston County Map Records; THENCE North 39° 32 ' 07" East , along the most Westerly line of said subdivision, a distance of 1942. 12 feet to a point for a corner, said point being in the Southerly right of way of San Joaquin Parkway ( 80 foot right of way) ; THENCE South 50° 33 ' 00" East, along said Southerly right of way of San Joaquin Parkway, a distance of 612. 00 feet to the PLACE OF BEGINNING of the herein described tract ; THENCE in a Southerly direction along a curve to the right having a radius of 20 feet, a delta of 90 ° 00 ' 00 " and an arc length of 3.1 . 42 feet to the point of tangency; THENCE South 39° 27 ' 00" West, along a line being the West right of way of San Miguel Drive ( 60 foot right of way) , as recorded in the above mentioned plat of San Joaquin Estates, Sections 1, 2, and 3, a distance of 535.00 feet to a point of curvature ; THENCE continuing in a Southwesterly direction along a curve to the right having a radius of 720 . 00 feet , a delta of 22 ° 24 ' 44" and arc length of 281. 64 f6et to a point of reverse curve; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 780. 00 feet, a delta of 26° 44 ' 35" and an arc length of 364 . 07 feet to a point of reverse curve; THENCE continuing in a Southwesterly direction along a curve to the right having a radius of 35.00 feet, a delta of 79° 20 ' 36" , and an arc length of 48 . 47 feet to a point of reverse curve; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 35. 00 feet, a delta of 84° 14 ' 44" , and a arc length of 51 . 46 feet to a point of compound curve; THENCE continuing in a Southwesterly direction along a curve to the left having a radius of 840 . 00 feet , a delta of 4 ° 05 ' 33" , and arc length of 60. 00 feet to a point of compound curve ; THENCE in a Southeasterly direction along a curve to the left having a radius of 60. 00 feet, a delta of 180° 00 ' 00" , and arc length of 188. 50 feet to a point of reverse curve; .. i Le .... •_ l A 1 _ i .7a . 006- 12 - 2075 G.F. NO. 88-2637 EXHIBIT "A" Page 2 of 2 THENCE in a Northeasterly direction along a curve to the left having a radius of 780 . 00 feet , a delta of 22° 24 ' 44" and an arc length of 305. 00 feet to the point of tangency; THENCE North 39° 27 ' 00" East, a distance of 535 . 00 feet to a point of curvature; THENCE in a Northeasterly direction along a curve to the right having a radius of 20.00 feet, a delta of 90° 00 ' 00" and an arc length of 31 . 42 feet to the point of tangency also being in the Southwest right of way of san Joaquin Parkway; THENCE North 50° 33 ' 00" West, along said Southwest right of way of San Joaquin Parkway, a distance of 100. 00 feet to the PLACE OF BEGINNING, Containing 90, 327 square feet, or 2. 0736 acres, more or lees. The area does not include any of the easements adjacent to the herein described tract of land as shown on San Joaquin Estates, Sections 1, 2 , and 3, as recorded in Volume 17, Pages 63 and 64, Galveston County Map Records. • FILED FOPS RECORD • S T ATE E OF TEXAS COUNTY OF GALVESTON 3, $$ OCT 2 t Pf� 3 I hereby certify that this instrument was filed on the dote and time stampcid hem on by m2 and was duly recorded in the Official Public Records Fp,`"::.,24.,::.- "`-'''A1-'-' of Real Property of Galveston County Texas,on '' Ct;:i tTY !LILP,h GALVESION C.Vii Y.TEXAS OCT 21 1988 • ct7C t9 COUNTY CLERK c� a!�' GALVESTON CO.,TEXAS • TIT!. ilcA rl1 nr .... _ City of Friendswood Office of the City Secretary Interdepartmental Correspondence ***************************************************************** To : Jimmy Thompson Date : August 29 , 1990 Community Development Director From: Deloris Archer , CM City Secretary v_ ***************************************************************** Have we received the Dedication of Roadway by Separate Instrument for Mission Estates , Section three from the Dawsons? As you recall , this was approved March 5 , 1990 . Please let me know where we are on this project . cc : Mayor Paul Schrader Melvin Meinecke , Acting City Manager Municipal Engineering ECompany, Inc. FEB 1990 N, CONSULTING 3301 Federal Road Pasadena, Texas 77504 �O RECEIVED Telephone 713/941-8988 CITY Of EREMDSWOO: rV CITY SSCRFTARY /:SOP February 14, 1990 CC: M & CC Mayor Paul Schrader CITY MGR. 1 CITY OF FR I ENDSWOOD �.'1p1YLSON 109 Willowick G D Friendswood, Texas 77546 RE: Proposed Access Road to Mission Estates, Section Three for Dr. Donald C. Dawson Dear Mayor, I respectfully request the City' s consideration to allow us to dedicate a roadway by separate instrument rather than by a recorded plat. The proposed street would meet all current requirements and specifications pertaining to City streets. If this meets with your approval , please let me know at your earliest convenience. Enclosed isa copy of a letter to Mr. Benny Baker regarding this matter. If any additional information is needed please let me know. Yours truly, / . GJohn T. Bogren JTB/gr Enclosure 11k 0 Municipal Engineering Company, Inc. CONSULTING ENGINEERS 3301 Federal Road Pasadena, Texas 77504 Telephone 713/941-8988 February 14, 1990 Friendswood Planning Commission 109 Willowick Friendswood, Texas 77546 ATTENTION: MR. BENNY BAKER RE: Proposed Access Road to Mission Estates, Section Three for Dr. Donald C. Dawson Dear Benny, Please find enclosed a copy of a letter with suggested format to the Council regarding the above mentioned road. If any additional information is needed please let me know. Yours truly, 7/77 John T. Bogren JTB/gr Enclosure cc: Mayor Paul Schrader, City of Friendswood Municipal Engineering Company, Inc. CONSULTING ENGINEERS 3301 Federal Road Pasadena, Texas 77504 Telephone 713/941-8988 February 14, 1990 CITY OF FRIENDSWOOD 109 Willowick Friendswood, Texas 77546 RE: Proposed Access Road to Mission Estates, Section Three for Dr. Donald C. Dawson Dear Mayor and Council , Please be advised that the Planning Commission has reviewed the proposal to dedicate a proposed access road by separate instrument rather than by plat. We offer no objections to the proposal provided the following conditions are met by the Grantor: 1) Planning Commission approves location and alignment of proposed. street. 2) Construction plans are approved by the City Engineer and Clear Creek Drainage District. 3) Right-Of-Way to be granted in form acceptable to the City Attorney. 9 • L41Y) 3 ac4 1,,f, QUITCLAIM DEED 005-06-0035 8703401. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: (11 COUNTY OF GALVESTON That the City of Friendswood, Texas , a municipal corporation organized and existing pursuant to a Home Rule Charter and the laws of the State of Texas (hereinafter called "Grantor") , for and in consideration of the sum of ten dollars ($10 . 00) and other good and valuable consideration paid to Grantor by Israel Gomez and wife Marie, (hereinafter called "Grantee") , the receipt and sufficiency of which are hereby acknowledged and confessed, have QUITCLAIMED, and by these presents do QUITCLAIM unto the Grantee, his heirs and assigns , all of its right, title and interest in and to the following described real property (hereinafter called the "Subject Property") , lying and being situated in Galveston County, Texas, and being more particularly described as follows: FIELD NOTE DESCRIPTION OF A 0.01013 ACRE TRACT OF LAND, Out of the Perry & Austin League, Galveston County, Abstract 20, Said Tract Being Part of a 67.215 Acre Tract, Out of a 400 Acre tract of Land As Described in Vol. 212, Page 24 & 25 of the Deed Records of Galveston County, Texas and Being More Particularly Described By Metes & Bounds as Follows: Commencing at a 3/4 inch iron rod found in the northwesterly right-of-way line of F.M. 2351 (Edgewood) and being on the southwest line the C. A. Eignus Tract; Thence N. 45 00' 45" E. along the northwesterly right-of-way line of F.M. 2351, a distance of 247.27 feet to a 1/2 inch iron rod found for corner and being on the right-of-way line of Chester Drive; Thence N. 45° 00' 35" W. along the southwesterly right-of-way of Chester Drive a distance of 2392.88 feet to the Brazoria County Line, and the PLACE OF BEGINNING for this 0.01013 Acre Tract being described; THENCE N. 10° 33' 14" E. along the Galveston-Brazoria County Line a distance of 36.375 feet to a point in the northeasterly corner of this tract being described; THENCE S. 45° 00' 35" E. along the center line of Chester Drive a distance of 25.00 feet to a point for the southeasterly corner of this tract being described; THENCE S. 44° 59' 25" W. a distance of 30.00 feet to a point in the southwesterly right-of-way line of Chester Drive for the most southerly corner of this tract being described; J 005-06-0036 TO HAVE AND TO HOLD all of the City of Friendswood's right, title, and interest in and to the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said Grantee, its successors and assigns forever, so that neither the City of Friendswood nor its successors, assigns , legal representatives, nor any person claiming under the City of Friendswood shall at any time hereafter have, claim, or demand any right or title to the aforesaid property, premises, or appurtenances, or any part thereof. EXECUTED this the c ILD day of (:_ /9,1,4// 1 , 1987. CITY OF FRIENDSWOOD, TEXAS By Ralph L Lowe, Mayor ATTEST: Deloris McKenzie, City ecretary THE STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME, the undersigned Notary Public, on this day personally appeared Ralph L. Lowe, Mayor of the City of Friendswood, Texas, and Deloris McKenzie, City Secretary of the City of Friendswood, Texas , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Friendswood, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this d3/�r/ day of 1987 . 1r" � r Nnf ary Tn AnY�I i n A �+.. m_____ 1�' •-. ► • 005-06-0037. ''tLE0 FOR RECORD JAN 27 10 27 Ali '81 MUWTT CLERK.COTS COUNTY,TEXAS STATE Of TEXAS courtly OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County,Texas,on JAN 27 19,87 tv.CO°qi COU Y RK,Galveston County,Tens RALPH L.LOWE -V' **, Mayor "� • r ei_ty �jC ►/� ANNETTE A-BRAND • '-' ...:1;,..:' 10 , ,y.< tt of 9Ldwood City Manager Councilmen i';.�� -a `, f::.i 4i • JIM HARRELL �,.; �. y 109 WILLOWICK 7131482.3323 �1� JAN JORDAN FRIENDSWOOD, TEXAS 77546-3898 PHYLLIS J.LEE EVELYN NEWMAN It 1®S ,44I ROBERT WICKLANDER ; AN' ► DELORIS McKENZIE,CMC ss, 0" City Secretary January 26 , 1987 Mary Jane Christensen County Clerk P.O. Box 2450 Galveston, Texas 77553 Dear Mary Jane, Attached you will find two documents for recording as follows : I . Gomez - Quitclaim Deed G. Welch - Quitclaim Deed If you have any questions , please do not hesitate to call my office. Sincerely, Q /43/2'€:(21 .4 .1:4-) o Deloris McKenzie,CMCnu City Secretary \ / DM/jt l O j 1\ // \ )- Enclosures : 2 '\ J Mr. Jim Morgan City of Friendswood 109 Willowick Friendswood, Texas 77546 Dear Mr. Morgan: We hereby petition the City of Friendswood to transfer ownership of the property located in the unused portion of the Chester Drive right-of- way where Chester Drive dead ends at the Brazoria County line, to the undersigned. This property is more specifically described as follows: A section of the Chester Drive right-of-way is bordered by our front property line, the Brazoria County line, the center line of the Chester Drive right-of-way, and a line to be determined at a location approximately 25 feet south of the Brazoria County line connecting the Chester Drive right-of-way center line with our property line. (See attached sketch. ) Sincerely, yi_,,, , (c)16& cGenroa l ch -- )cjIlas , Darla Welch 405 Chester Drive Friendswood, Texas 77546 GEORGE AND DARLA WELCH 4105 CHESTER DRIVE z ;. CHESTER DRIVE (CENTER LINE ) , N Q L d 0 w t, N 3 • • RECEIVED ernr SECRETARY DEC 1 7 1986 CITY OF FRZENDSWOOD cc: Mayor & Council December 16, 1986 M.Meinecke J.Olson Honorable Ralph Lowe Mayor of the City of Friendswood 109 Willowick Friendswood, Texas 77546 Dear Ralph: In a recent discussion with John Olson regarding the abandonment of property located at the end of Chester Drive it was determined that a value for each plot be established in order to provide for consideration in the subject transaction. In recognition of the current state and condition of the property and as the current transaction with the city is the first step in a process to establish the property as a green belt with title to be held by a home owners' organization, I seek concurrence in establishing the value of the 0.01013 acre plot at $25 and the 0.2430 acre plot at $45. If these values meet with your approval , please notify John in order that he may conclude the work on this matter. Sincerely, /Z4(A\ Ronald L. Welch 201 Chester Drive Friendswood, TX 77546 cc: Mr. John Olson Capital Bank Plaza, Suite 3485 333 Clay Avenue Houston, TX 77002 • City of Fr i e'ncJswood Memo Form : #•36ib9(•*YE•H•9E•k•**)(•***3(-* *)(•**:.(•:(-4•*.x..H•* 3E)E?@.)(.?(..)6aP•)(-•)(•a(•9(•*. a(: 4(•:M.. . . •)()(*.)(..)t•)k•)(••)(-jE•)E*?(••)E•)(••)E•)(* TO: Malcolm Collins FROM: Deloris McKenzie DATE: Nov. 6, 1986� )()b**aE** H•*y(a(•* )6iF)F•)i X.-bib?(•?(*:k•:1' •H,4•*.* (•it3(••)E)t)(I()()P9( (••)6•)(*•)(9(•)(•*.M..)(.XX (..n..)(•)6•)F•)E•X••)kX-*.X.•)E•)(•)t IE FOR YOUR: F'1...1:::A;:;f-:: n'f•orm<a'i i <)n Ili ncJ I.e Commen'lr> r� i rc_u Late Signature ;y ri Tlr.}'N 11Y'!=? ._..»........._ •:yC•.?(:? me APpr ova I. _. ..._ I ..�_(:af7%a r'e rC?}> I.)' 1 Please find the attached information on Chester Drive for your input. Please give me a call if you have any questions. v , RECEIVED CITY SEatETANT SEP171986 CITY OF FRIENDSWOOD C:C. :-3-.D . CC. m.C'ollt 05 II/6 City Manager City of Friendswood 109 Willowick Friendswood, Texas 77546 Dear Sir: I hereby petition the City of Friendswood to transfer ownership of the property located in the unused portion of the Chester Drive right-of-way where Chester Drive dead ends at the Brazoria County line, to the undersigned. This property is more specifically described as follows: A section of the Chester Drive right-of-way is bordered by my front property line, the Brazoria County line, the center line of the Chester Drive right-of-way, and a line to be determined at a location approximately 25 feet south of the Brazoria County line connecting the Chester Drive right-of-way center line with my property line. (See attached sketch. ) Sincerely, 75 -- Israel Gomez Ma flez U \ . , \ ............ . z j \ .CHESTER DRIVE r (CENTER LINES N o L J "- O r--\ I ISRAEL AND MARIA GOMEZ LOT 10 W 3 , ' , . . ' | City of Friendswond Memo Form | | TO: John Olson FROM: Dalorio McKeuzieNN DATE: 9-17_86 � | | | FOR YOUR: PLEASE: | | Infnrmafion_- xxx Handie | Comments Circuiate | Signature ----- See me | Approvai _-_-- Prepare repiy____ | | | / _-_----- - ----__'-------__----_---_---_---__'---------_---| | Remarks: | | | | Please find attached copy of Transferring ownership of the | | property of the unused protioo of Chester Drive ROW by | | Israel Gomez and Maria Gomez for your review. | | | b� a��o | ^ | | | | | | | | | | | | | | | | -_-----_-----_------ ---------_-------------_----_---_ � ' • PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS , TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS CHESTER DRIVE. -;z.),.eriray dui p4aA4-te444A cP Mt - r 1 TT (A .g.AL4,4) ,, PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CAPIE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS CHESTER DRIVE. � avilA -P.� gifyykaryteL/ PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS CHESTER DRIVE. • PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN A$ CHESTER DRIVE. ' i ' e9.1.46va • PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS CHESTER DRIVE. PETITION WE, THE UNDERSIGNED CHESTER DRIVE PROPERTY OWNERS, PETITION THE CITY OF FRIENDSWOOD, STATE OF TEXAS, TO ARRANGE WITH LINN C. EIGNUS/CANE CORPORATION FOR THE CONVEYANCE TO THE CITY OF FRIENDSWOOD OF A PUBLIC RIGHT-OF-WAY TO THE LAND OCCUPIED BY THE STREET KNOWN AS C STER DRIVE.