HomeMy WebLinkAboutLIFT STATION # 23 & 41 - General Warranty Deed - Jeannette Golart9233590 9_14-92
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GENERAL WARRANTY DEED
008-39-0077
RETURN TO
TEXAS AMERICAN TITLE CO.
307 SC,04 F �!F!4DSV`=D DR. #B-3
F? rNDS VJOOD, TEXAS 77%W
GF#, ' �5- 9�-/&77 .-
THE STATE OF TEXAS * r
* KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF GALVESTON
That the undersigned, JEANNETTE GOLART, a single woman, of the County
of Galveston and the State of Texas, for and in consideration of the sum of
TEN AND NO/100 DOLLARS ($10.00) cash in hand paid by the grantee hereinafter
named, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged and confessed for all purposes,
has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT,
SELL and ODNVEY unto the CITY OF FRIENDSWOOD, whose mailing address is
109 Willowick Fr�r1cQ�.TX.._754 fi.................. all of t h e f o i l ow i n g
described real property located in Galveston County, Texas, together with
all improvements situated or located thereon, to -wit:
0.4823 ACRE, MDRE OR LESS, OUT OF THE SARAH MCKISSICK LEAGUE,
ABSTRACT 151, AND PARTLY OUT OF RESERVE "K" OF POLLY RANCH ESTATES, A
SUBDIVISION IN GALVESTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF.
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto the
said grantee, its successors, legal representatives and assigns forever;
and I do hereby bind myself, my heirs, executors, administrators and assigns
to WARRANT AND FOREVER DEFEND all and singular the said premises unto the
said grantee, its successors, legal representatives and assigns against
every person whomsoever lawfully claiming or to claim the same or any part
thereof.
This conveyance is made and accepted subject to any and all validly
existing restrictions, mineral reservations and interests, conditions,
covenants, easements and rights of way, if any, applicable to and
enforceable against the above described real property as now reflected by
the records of the County Clerk of Galveston County, Texas.
Current ad valorem taxes on the above described property as of the date
hereof are assumed by grantee and grantee covenants and promises to pay the
same.
Executed this 12th day of August, 1992.
n
J ANNETTE
THE STATE OF TEXAS
* KNOW ALL PERSONS BY THESE PRESENTS
COUNTY OF GALVESTON
BEFORE ME, the undersigned authority, on this day personally appeared
JEANNETTE GOLART, known by me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that she executed the same
for the purposes and consideration therein expressed.
GIVE UNDER MY HAND and seal of office on this 0 day of
.1.. Z 1----- 1992. --
y�� �}a FiLr�f'Ai'� itt i.V
6%� y k.LhJet fity
1
tary Public in and for
Galveston County, Texas
My commission expires:
008-39-0078
EXHIBIT "A"
DESCRIPTION
Of 0.3687 acres of land being a portion of a called 0.4823 acre
tract conveyed by deed dated February 20, 1976 fron, Raymond V.
Kliesing to Jeannette Golart, as recordec in Volume 2661, Page 47
of the Deed Records of Galveston County, Texas, also being a
oortion of Reserve "K" of the Replat of Polly Ranch Estates, as
recorded in Volume 15, Page 4 of the t'.a:i Records of Galveston
County, Texas, and being situated in the Sarah McKissick League,
A:=,ract Nc'. 151, Galveston County, Texae, said 0.3667 acres of
-.f bF_inG rr,c.re particularly describes t-_v metes anc bounds as
:a.;ow:
Co?-X-_-NCING at the intersection of the nc=:heasterly line of F.N..
515 (based on a 140.Oi foot wide Right -Way) with the south-
ah McKissick League, as monumented and
rasterly line of said Sar
occupied;
THENCE North 25'26152" West along said F. ght-Of-Wafor distance
of
th
258.49 feet to a 3/4 inch galvanized iron pipe
corner and the PLACE OF BEGINNING of the herein described tract;
THENCE North 25*26152" West continuing along said Right -Of -Way at
a distance of 48.86 feet passing the southeasterly line of said
Reserve "K" and continuing for a total distance of 154.28 (called
152.39 feet) to a 5/8 inch iron rod set for corner;
THENCE North 36'53,00" East along the northwesterly line of said
0.4823 acre tract a distance of 81.79 feet to a 3/8 inch iron rod
found;
THENCE South 46016100" East a distance of 153.96 feet (called
152.85 feet) to a 3/8 inch iron rod found for corner;
THENCE South 43'44100" West along a line parallel to the south-
easterly line of said Sarah McKissick League, a distance of
136.04 feet(called
. feet)
the
sGG
of the
herein
heren describedtract andcontainingwithin theecalls16,060
square feet or 0.3687 acres of land.
0
92 AUG 27 AM 1 :145
i
GALiit S T :i '_I . i - X AS
STATE OF TEXAS COUNTY 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 Galvestor, County Texas, on
AUG 2 7 1992
'�h\Y CC�q�+•ti
COUNTY CLERK
GALVESTON CO., TEXAS
923350i 008-39-0079
_ RETURN TO
TEXAS AMERICAN TITLE CO.
307 &)UT!4 FP!ENDSV-'OOD DR. #"
FRiENDSV, 00D, TEXAS 77546
GF #
NOTICE
The real property, described below, which you are about to purchase is
located in the CLEAR CREEK DRAINAGE District. The district has taxing
authority separate from any other taxing authority, and may, subject to
voter approval, issue an unlimited amount of bonds and levy an unlimited
rate of tax in payment of such bonds. As of this date, the rate of taxes
levied by the district on real property located in the district is $0.15 on
each $100.00 of assessed valuation. If the district has not yet levied
taxes, the most recent projected rate of debt service tax, as of this date,
is NIA on each $100.00 of assessed valuation. The total amount of bonds
which has been approved by the voters and which have been or may, at this
date, be issued is $99,960,000.00, and the aggregate initial principal
amounts of all bonds issued for one or more of the specified facilites of
the district and payable in whole or in part from property taxes is
$68,985,000.00.
The district has the authority to adopt and impose a standby fee on
property in the district that has water, sewer, sanitary, or drainage
facilities and services available but not connected and which does not have
a house, building, or other improvement located thereon and does not
substantially utilize the utility capacity available to the property. The
district may exercise the authority without holding an election on the
matter. As of this date, the amount of the standby fee is NOT AVAILABLE.
An unpaid standby fee is a personal obligation of the person that owned the
property at the time of imposition and is secured by a lien on the
property. Any person may request a certificate from the district stating
the amount, if any, of unpaid standby fees on a tract of property in the
district.
The purpose of this district is to provide water, sewer, drainage, or
flood control facilities and services within the district through the
issuance of bonds payable in whole or in part from property taxes. The
cost of these utility facilities is not included in the purchase price of
your property, and these utility facilities are owned or to be owned by the
district. The legal description of the property which you are acquiring is
as follows:
0.3687 ACRE OF LAND, MORE OR LESS, OUT OF A CALLED 0.4823 ACRE OUT OF
THE SARAH MCKISSICK LEAGUE, ABSTRACT 1 51 , C014VEYED BY DEED FROM RAYMOND V.
KLIESING TO JEANNETTE GOLART, AS RECORDED IN VOLUME 2662, PAGE 47 OF THE
DEED RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTLY OUT OF RESERVE "K" OF
POLLY RANCH ESTATES, A SUBDIVISION IN GALVESTON COUNTY ACCORDING TO THE MAP
OR PLAT THEREOF IN VOLUME 15, PAGE 4 HAP RECORDS OF GALVESTON COUNTY,
TEXAS, AND SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUIdDS
ON EXHIBIT "A" ATTACHED HERETO A14D MADE A PART HEREOF.
Executed this the 25th day of AUGUST, 1992.
JEAWETTE GOLAR
Seller
Seller
PURCHASER IS ADVISED THAT THE INFORMATION SHOW14 ON THIS FORM IS
SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY
ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEI4BER THROUGH DECEMBER OF
EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY
THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE
THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON
THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregoing
notice at or prior to execution of a binding contract for the purchase of
the real property described in such notice or at closing of the real
property.
Executed this the 25th day of AUGUST, 1992.
CITY OF FRIENDSWOOD
By:
EVELY14 EWMAN, MAYOR
MAYOR
STATE OF TEXAS
COUNTY OF C A)yesl oN
This instrument was acknowled ed before me
1992, by JEANNETTE GOLART. I / n ,
iaiy F<r:,r�s�: ain kY}�i�a5
yf 22, f�-�C,J.
STATE OF TEXAS �
COUNTY OF
Purchaser
d for The State of Texas
E
This instrument was acknowledged before g�e on d
1 992, by EVELYN NEWMAN, MAYOR, M4 R ,Qf Cl/'Y OF�,? RIENDSWOOD.
o t a:y ;t:ifiilDi c
DISCLAIMER
d for The State of Texas
THE ENUMERATION OF THE DIFFERENT SERVICES AND FACILITES THE DISTRICT
DOES OR MAY PROVIDE DOES NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY THE
SELLER, OR THE SELLER'S HEIRS, REPRESENTATIVES, AGENTS, SUCCESSORS, OR
ASSIGNS, THAT THE PURPOSE OF THE DISTRICT IS TO PROVIDE SUCH SERVICES OR
FACILITIES OR THAT THE DISTRICT DOES IN FACT PROVIDE SUCH SERVICES OR
FACILITIES. IF THE PURPOSE OF THE DISTRICT IS TO PROVIDE ONE OR MORE OF
THE ENUMERATED SERVICES OR FACILITIES, OR IF IN FACT THE DISTRICT DOES
PROVIDE ONE OR MORE OF THE ENUMERATED SERVICES, THEN THIS NOTICE IS NOT
INTENDED AND SHALL NOT CONSTITUTE ANY WARRANTY OR REPRESENTATION AS TO THE
TYPE, QUALITY, OR NATURE OF SUCH SERVICES OR FACILITIES.
008-39-0081
EXHIBIT "A"
DESCRIPTION
Of 0.3687 acres of land being a portion of a called 0.4823 acre
tract conveyed by deed dated February 20, 1976 from Raymond V.
Kliesing to Jeannette Golart, as recorded in Volume 2661, Page 47
of the Deed Records of Galveston County, Texas, also being a
portion of Reserve "K" of the Replat of Polly Ranch Estates, as
recorded in Volume 15, Page 4 of the Map Records of Galveston
County, Texas, and being situated in the Sarah McKissick League,
Abstract No. 151, Galveston County, Texas, said 0.3687 acres of
land being more particularly described by metes and bounds as
follows:
COMMENCING at the intersection of the northeasterly line of F.M.
518 (based on a 140.00 foot wide Right -Of -Way) with the south-
easterly line of said Sarah McKissick League, as monumented and
occupied;
THENCE North 25*2615211 West along said Right -of -Way a distance of
258.49 feet to a 3/4 inch galvanized iron pipe for the south
corner and the PLACE OF BEGINNING of the herein described tract;
THENCE North 25*2615211 West continuing along said Right -Of -Way at
a distance of 48.86 feet passing the southeasterly line of said
Reserve "K" and continuing for a total distance of 154.28 (called
152.39 feet) to a 5/8 inch iron rod set for corner;
THENCE North 36*5310011 East along the northwesterly line of said
0.4823 acre tract a distance of 81.79 feet to a 3/8 inch iron rod
found;
THENCE South 46*1610011 East a distance of 153.96 feet (called
152.85 feet) to a 3/8 inch iron rod found for corner;
THENCE South 43*4410011 West along a line parallel to the south-
easterly line of said Sarah McKissick League, a distance of
136.04 feet (called 13*.94 feet) to the PLACE OF BEGINNING of the
herein described tract and containing within these calls 16,060
square feet or 0.3687 acres of land.
rtr
c? _„
.� t , flu
STATE OF TEXAS COUNTY 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
^.x Real Property of Galveston County Texas, on
AUG 2 7 1992
,�J�l'f COUq jo` t
COUNTY CLERK
GALVESTON CO., TEXAS
+S
Texas American
Title Company
DATE: 9/2/92
TO: City Of Friendswood
Mayor Evelyn Newman
Public Works Building
1306 Deepwood
Friendswood, TX 77546
Dear Ms. Newman:
Title Policy Transmittal
RE: GF # 875-92-1077
PROPERTY DESCRIPTION:
Metes and Bounds
on FM 518
Galveston County, Texas
With regard to the referenced property, please find enclosed your original Owner's Title Policy. Your Warranty
Deed has be6n filed with the County Clerk and is enclosed herewith.
Should you desire to sell or refinance your property, please contact my Company, and we will expeditiously process
your request. While the issuance of any further policies will depend upon a current examination of title, and the
status of title at that time, the special file set up on your property will enable us to render to you excellent service.
If taxes for the current year were not paid at the time of closing, you should pay them at the end of the year. In
addition, you should render the property in your name with each taxing authority when the tax rolls are opened for
that purpose.
It has been a pleasure to work with you on this transaction. Should you have any questions, or require our services at
any time in the future, please do not hesitate to call.
Sincerely,
TEXAS,AMERICAN TITLE COMPANY
Debo Reed
Escrowicer
FORM 118 REVISION 10/91
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CONDITIONS AND STIPULATIONS —Continued
10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which
exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss of damage shall be payable within 30
days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies that the insured claimant would have had against any person or property in respect to the
claim had this policy not been issued. If requested by the Company, the Insured claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion
that the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non -Insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other
policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any
service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000
or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated
only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land
is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting
any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which arise out of the status of the title to the estate or interest covered hereby or by any action
asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision, and all other provisions shall
remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices requred to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to
the Company at 613 N. W. Loop 410, Suite 100, San Antonio, Texas 78216.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the policy. It the problem is not
resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475-1771. This notice of complaint procedure is for
Information only and does not become a part or condition of this policy.
ChitcagoTide Insurance Company
P.O. Box 987
Houston, Texas 77001
MAIN OFFICE
BRANCH OFFICE
1600 Smith
600 Jefferson
Suite 3975
Suite 800
Houston, Texas 77002
Houston, Texas 77002
951-7700
659.1411
BRANCH OFFICE
14825 St. Mary's Lane
Suite 105
Houston, Texas 77079
870-9171
BRANCH OFFICE
1001 S. Dairy Ashford
Suite 100
Houston, Texas 77077
493-2676
BRANCH OFFICE
9720 Beechnut
Suite 106
Houston, Texas 77036
776-3303
BRANCH OFFICE
1700 West Loop
Suite 230
Houston, Texas 77027
871-8074
BRANCH OFFICE
13231 Champion Forest Dr.
Suite 102
Houston, Texas 77069
444-9000
BRANCH OFFICE
2316 Timber Shadows Dr.
Suite 106
Kingwood, Texas 77339
358-1050
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
1. PARTIES: Jeannette Golarrt, single ft3tm (Seller) agrees to
sell and convey to U t_y of Fri , Water Departlnen (Buyer) and Buyer
agrees to buy from Seller the property described below.
2. PROPERTY: Lot aox Jey Of a tract OUt, 91�ckRP_serye t°Krr Folly Ranch Estates Addition,
Cit)Fdri PndS'tnood Galveston County, Texas, or as described on attached exhibit (the Property).
3. CONTRACT SALES PRICE:
A. Cash payable at closing..............................................................................S 30, 925.00
B. Sum of all financing described in Paragraph 4 below.......................................................S • 00
C. Sales Price (Sum of A and B).................. ............... ................ ...... ..................S 30, 925.00
4. FINANCING: (Check applicable boxes below)
XM-CA. ALL CASH: This is an all cash sale; no financing is involved.
❑ B. ASSUMPTION:
(1) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to
in present monthly installments of S , 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 S
(2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable to
in present monthly installments of S , 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 S
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 S in
B(1) above or S 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 Eames( 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:
❑ 1. A third party first lien note of S , due in full in year(s), payable in initial monthly payments of principal
and interest not exceeding S for the first years) of the loan.
❑ 2. A third party second hen note of S , due in full in year(s), payable in initial monthly payments of principal
and interest not exceeding S 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
and payable.
bearing % interest per annum,
❑ 1. In one payment due sifter the date of the note with interest payable
❑ 2. In installments of S [ j including interest I 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
I J including interest I
nstallments for the first year(s) and thereafter in installments of
J plus interest beginning sifter the date of the note and continuing at
intervals thereafter for years) 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 Seiler.
Any Seller financed nave may be prepaid in whole or in part at any time, without penahy. 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 Pohcy of Title Insurance is furnished. Buyer shall furnish
Seller with a Mortgagees Title Policy.
Buyer shall apply for all third party financing or noteholder's approsal of Buyer for assumption and waiver of the right to accelerate the note within n a
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.y. sale of other property, requirernent 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.
EARNEST MONEY: S 1,000.00 is herewith tendered by Buyer and is to be deposited as Earnest Money with
TPXaC ATmriran Title CoI111any at Friends� (Address).
as Escrow Agent, upon execution of the contract by both parties. ❑ Additional Earnest Money of S none 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:
Owner's Policy of Title Insurance (the Title Policy) issued by Texas hP1erlCan Title Colrt�anV
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 dzte of this contract (Complete Abstract) and (2) supplemented
to the Closing Date (Supplemental Abstract).
NOTICE TO SELLER AND BUYER: AS REQUIRED BY LAW, Broker advises Buyer that Buyer should have an Abstract covering the Property examined by an
attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is to be obtained, Buyer should obtain a Commitment kr
Title Insurance (the Commitment) which should be examined by an attorney of Buyer's choice at or prior to closing. If the Property is situated in a Utility District,
ri
n r% Z TREC No 9-1
oti�22224
mfNj
D
i TYPO FR ENp 0JD
UnirrtprovedDropeny 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 txxtded indeblednes of
the District.
7. PROPERTY�,uyer adepts the Property in its present condition, subject only to
1dI1Q only no irnproveni ant
8. BROKER'S FEE: rXtm L•L `'%P%, i-w=1t"Y �� _ , 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 Harris County, Texas, on consummation
of this sale or on Seller's default a total cash fee of }fall percent 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 45 days from date of cmtract , 19--- U 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 he delivered to Buyer at closing.
11. SPECIAL PROVISIONS: (Insert factual statements and business details applicable to this sale.)
if any inspections below ground are required it will be at buyer's expense
**See Attached addendum
Buyer allowed up to $250.00 for survey
12. SALES EXPENSES TO BE PAID IN CAS14 AT OR PRIOR TO CLOSING: ,
A. Loan appraisal fees shall be paid by a2/ a
B. The total of the loan discount and buydown fees shall not exceed S 11/a of which Buyer shall pay the first S n✓a 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; '/2 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 20). 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 (1) 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 ni—Jinum 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 though 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 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 Of restrictive covenants affecting the
Property (2) any discrepancies, conflicts or shonages 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
15) 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 (1) 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 (1) through (7).
C. In either instance if title objections are raised, Seller shall have fifteen (15) days from the date such objections are disclosedlto 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 Eames( 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 tie 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 tiny 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 albs (a) enforce specific perfomoance and seek such other relief as may tic provided by law or (b)
it terminate this contract and receive the Earnest Money as liquidated damages. 11 Seller is unable without fault, within the time herein required, to (a) deliver the
Commitment or (h) 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 la) enforce specific ped onnance hereof and seek such dither relief as may be provided by law or Ib1 lemmina(e this contract aril
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 pany in any legal proceeding brought under or with relation to
this contract or transaction shall be additionally entitled to recover coup costs and reasonable attorney fees from the nun -prevailing Puny.
17. ESCROW: The Eamest Money is deposited with Escrow Agent with the understanding that Escrow Agent (a) is not a party to this contract and does not assune
or have any liability for performance or nun -performance of any signatory (b) has the right to require from all signatories a written release of liability of the Escrum
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
escrow funds caused by the failure of any banking institution in which such funds have been deposited, unless such banking institution is acting as Escrow Agent
If any signatory unreasonably fails to deliver promptly the ddcunen(s described in (h) above, then such signatory shall he liable to the other signatories as provided
in Paragraph 16. At closing, the Eamest Money shall be applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded to
Buyer. Any refund or payment of the Eamest Money under this contract shall he reduced by the amount of any actual expenses incurred on behalf of the pan%
receiving the Eamest Money, and Escrow Agent will pay the same to the creditors entitled thereto.
18. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens, assessments or Uniform Commercial Code Security
Interests against any of the Properly which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by Buyer and (b) that assunmed
loan(s) will be without default. If any representation above is untrue on the Closing Date this contract may be terminated by Buyer and the Eamest Money shall be
refunded to Buyer. All representations contained in this contract shall survive closing.
063 -'
TRh(�
Unimproved Property Earnest Money Contract concerning land at Oak Drive & PNl 51U FrleIKlSW00a, UX page Three 02.08-85
k (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 kr such use are I I water I I sanitary sewer I I gas I I electricity I J telephone
I I 11YliI n0FAil UDj-er rn MIMI ry . If Buyer ascertains that applicable zoning ordinances. restrictions or govemnemal 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 govemnental authority. anti Buyer so notifies Seller within days from the effective dale of this contract. then the same shall iernimatc
aril the Eamest Money shall be refunded it) buyer; failure on the pan 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: JX)d required I I not required. If required. then within 30 days from the effective date of this contract a current survey of the Property
shall be fumished by and at the expense of XXX Seller ( t Buyer by a mutually acceptable Registered Public Surveyor licensed by the State of Texas. A plat of
the survey together with any appropriate field moles shall be fumished 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 entite agreement of the parties and cannot be changed except by their written agreement. Texas Real Estate
Commission promulgated addenda which are a pan of this contract ;are (list):
Tnfo natim for a prospective real estate buyer
22. NOTICES: All notices shall be in writing and effective %%lien delivered at the addresses shown below.
23. CONSULT VOUR ATI RNEY: The Broker cannot give you legal advice. This is intended In be a legalh hinding curmact. READ IT CAREFULLY. Federal law
may impose certain duties upon Btokcrs or Sign:uurics to this contro•1 when any of Ile sigmnories is a foreign party or when any of the signatories receives certain
amounts of U.S. currency in connection with a real estate closing. 11 you do not understand the elfect of any Iian of this contracl. consul your allomey BEFORE
signing.
SELLER'S BUYER'S
ATTORNEY: Al1t.)RNEY:
EXECUTED in multiple originals effective the dato. 19 / V (BROKER: FILL IN THE DKIE OF FINAL ACCEP"fANCE.)
[3uycr , ller sT& gWN47TF
Buyer a Seller
Buyer's Address
Listing Broker agrees to pay
8102 Amelia Unit 104F
Phone No. Seller's Address Houston, Texas 77055 Phone No.
AGREEMENT BETWEEN BROKERS
Ameritec Realty leanor Gilchrist
Co -Broker.
a fee of S]U% of the total sales price when the Broker's lee described in Paragraph 8 is received. Escrow Agent is authorized anti directed to pay
Co -Broker from Listing Broker's fee at closing
Ameritec Realty 276390 Ameritec Realty 276390
Co -Broker License No. Listing Booker License Not.
By. — By: / ;.4&
1880-DaLry_Bshford #112 496-9901
Co -Broker's Address Phone No. Listing I xSt6hi' Texas 77077 Ilhone No.
EARNEST MONEY RECEIPT
Receipt of S C / ��� Earnest Money is acknowledged in the form of "` ` e,0 _
1 � i
Escrow Agent:���c�2�' �1��
Date:. -? / � . 19J_'—'1—
The lint of IN, contract has been aplumcd hs. the 'li•sas Real I'%talc Commission. Such appnnal relates Io this otntlatI
loom only. Nu tcpresentation is made as io the legal %alidirs or adcqu:c) 01 an provision in :uty slecilic tr:unaclion, 11 is
uol wiv itable for complex transactions. Extensive riders or additions :are tt.t1 it)he used. IRev. 112-fe51'IREC No. 9- 1. '1 his
lornt replaces'IREC No. 9-0. 063
'A
am F R I
sue"
1
9: 5 9 DAIRY A S H F O R D
SURVEY OF A TRACT OUT OF
RESER'Jv- "K" , PALLY RANCH
ESTATES SUBDIVISION, GALVES;'ON
CO'."iTY, TEXAS
1
fizcl rO ii
According to the map or plat of said
subdivision recorded in Vol. 15, PageIn 4,
the office of the c � -G$zveston ..
zonnty, exas . -
"RACT NO. 1:
-'T,ACT DESCP.IPTION: Commencing at the West corner of Reserve "K" 0011Y Ranch
.,tates S xv s on, recorded in Volume 15, Page 4, in the Office of the Count
'lerk of Galveston County, Texas, said point lying in the Northeasterly right of
gay line of F.M. 518 as occupied, THENCE from said beginning corner S26053'E,
ilong the said Northeasterly right of way Fline of .M Southwest line of said Reserve "K" 518, and along the
a distance of 178.37 feet to the Place of
:a -inning of the tract hereinafter described;
:ontinuin S 26 ° 53' E a? T'HE:ICE from said beginning corner
9 , along the Northeasterly right of way line of F.M, S18 and
the Southwest lire of Reserve tlK"
=r:ner being the South corner of said ReserveSn�nce of 9�.74 feet to a coint for
��t';east line of Reserve "K", s distance of 154.45�fEFt`to�a 00 E, along the
PENCE 1145 16 TI, a distance of 91. 33 feet to a point for come -point ; TF ENCE corner;
3E°53'w, a diStLnce of 122.1 fEet to the place of beginning and containing
. Z ,- acre, ?�rre or less.
..5 F011y PanCh £-=tatas
S'-'rveyed November 1, 1975
By.
r
CITY OF FRIENDSWOOD P14B 7134821083
lNserfied mJ
SteG,4Lr. —
daBuyer shall have thirty (30) days from the effective
te of this Contract to perform or cause to be performed
such tests and inspections as shall be necessary to
determine the environmental condition of the property and
the presence or absence of or contamination by hazardous
materials, or the compliance of the property with
regulations or laws pertaining to health or the environment.
In furtherance thereof Buyer, its agents, servants, and
employees, shall be entitled to enter upon the property for
the purpose of conducting any such tests and/or inspections.
If Buyer discovers any defects in the
condition of the property or contamination by the rpresence
of hazardous material., thereon or therein, or that the
property does not comply with regulations or laws pertaining
to health or the environment and Seller fails to cure same
Within twenty (20) days from the date of notice thereof,
Buyer may (1) terminate this Contract and receive back all
earnest monies paid and neither party shall have any further
Obligation hereunder or (2) waive such conditions.
Modified terms and conditions listed above acceptable by owner
as per signature:
P. 02
ChicagoTide Insurance Company
P.O. Box 987
Houston, Texas 77001
MAIN OFFICE
BRANCH OFFICE
1600 Smith
600 Jefferson
Suite 3975
Suite 800
Houston, Texas 77002
Houston, Texas 77002
951-7700
659-1411
BRANCH OFFICE
BRANCH OFFICE
BRANCH OFFICE
14825 St. Mary's Lane
9720 Beechnut
13231 Champion Forest Dr.
Suite 105
Suite 106
Suite 102
Houston, Texas 77079
Houston, Texas 77036
Houston, Texas 77069
870-9171
776-3303
444-9000
BRANCH OFFICE
BRANCH OFFICE
BRANCH OFFICE
1001 S. Dairy Ashford
1700 West Loop
2316 Timber Shadows Dr.
Suite 100
Suite 230
Suite 106
Houston, Texas 77077
Houston, Texas 77027
Kingwood, Texas 77339
493-2676
871-8074
358-1050
02-08.85
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT
This Contract Is Limited 1b 71ransactions Where Intended Use Is For One To Four Family Residences
PROMULGATED BY TEXAS REAL ESTATE COMMISSION
1. PARTIES: Jeannette GOlart, single fe me (Seller) agrees to
sell and convey to Lily of Fri , Water Depart nen (Buyer) and Buyer
agrees to buy from Seller the property described below.
2. PROPERTY: Lot b`L"VeV Of a traCt OUt, gk�ckResexye riKrr Polly Ranch Estates Addition,
CityFdri PridStnood I Galveston , County, Texas, or as described on attached exhibit (the Property).
3. CONTRACT SALES PRICE:
A. Cash payable at closing . . . . ... . ..... . .... . .. . . .S 30, 925.00
.....................................................
B. Sum of all financing described in Paragraph 4 below.......................................................S .00
C. Sales Price (Sum of A and B)..................................... .... ....... .................... .... S 30, 925.00
4. FINANCING: (Check applicable boxes below)
)CE){p. ALL CASH: This is an all cash sale; no financing is involved.
❑ B. ASSUMPTION.
(1) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to
in present monthly installments of S , 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 S
(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 S
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 S in
B(I) above or S 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:
❑ 1. A third party first lien note of S , due in full in year(s), payable in initial monthly payments of principal
and interest not exceeding S for the first year(s) of the loan.
❑ 2. A third party second lien note of S , due in full in year(s), payable in initial monthly payments of principal
and interest not exceeding S for the first years) 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 S bearing % interest per annum,
and payable:
❑ 1. In one payment due After the date of the rate with interest payable
❑ 2. In installments of S [ ) 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 years) and thereafter in installments of
[ ) including interest [ ] plus interest beginning After the date of the mote 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 w;th,n five (5) days thereafter. Seller shall be deemed to have approved Buyer's credit. Buyer hereby
authorizes Buyer's credit report to be furnished to Seller.
Any Seller financed rate 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
hen securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished. Buyer shall fumish
Seller with a Mortgagee's Title Policy.
Buyer shall apply for all third party financing or noteholder's approval of Buyer fur assumption and waiver of the right to accelerate the note within n a
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.&, sale of other property, requirement of co-signer or financial verifications. If such financing
ct
or noteholder's approval and waiver is not obtained within 11J days from the effective date hereof, this contract shall terminate and the Earnest Money
shall be refunded to Buyer.
EARNEST MONEY: S 1,000.00 is herewith tendered by Buyer and is to be deposited as Earnest Money with
TPxa-, AnPrinan Tit-1COmany at Friendswood (Address).
as Escrow Agent, upon execution of the contract by both parties. ❑ Additional Earnest Money of S none shall be deposited by Buyer with
the Escrow Agent on or before , 19
TITLE: Seller shall furnish to Buyer at Seller's expense either:
Xj� Owner's Policy of Title Insurance (the Title Policy) issued by TeXaS ATneriCan Title CoITTonny
in the amount of the Saks 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).
NOTICE TO SELLER AND BUYER: AS REQUIRED BY LAW, Broker advises Buyer that Buyer should have an Abstract covering the Property examined by an
attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is to be obtained. Buyer should obtain a Commitment for
Title Insurance (the Commitment) which should be examined by an attorney of Buyer's choice at or prior to closing. If the Property is situated in a Utility District.
063 TREC No 9-1
Unimproved. Property Earnest Money Contract — Page Two 02-09-85
Section 50.301 Texas Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating a) the tax rate and Minded indebtedness of
the District.
7. PROPERTY QONDI�TIONNWuye�r aac�epts k Properly in its present condition, subject only to
unimp1 Q only igip m ex} ,
1
,1
8. BROKER'S FEE: rttileilLeL, rctait_y ��. .. _ �__ .�___ g Y P
Listing Broker, and an 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 Harris County, Texas, on consummation
of this sale or on Seller's default a total cash fee of i-4-T, percent 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 45 days from date of contract , 19--2, 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 t) exercise the remedies contained in Paragraph 15 immediately and without notice.
10. POSSESSION: The possession of the Property shall he delivered to Buyer at closing.
11. SPECIAL PROVISIONS: (Insert factual statements and business details applicable to this sale.)
if any inspections below ground are required it will be at buyer's expense
**See Attached addendum
Buyer allowed up to $250.00 for survey
12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIM TO CLOSING- ,
A. Loan appraisal fees shall be paid by �a /
B. The total of the loan discount and buydown fees shall not exceed S lr/ a of which Buyer shall pay the first S nZa 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; '/2 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 lunless stipulated to be paid by Seller in Paragraph 201, recording
fees, copies of restrictions and easements, Mortgagee's Title Policies, credit reports, photos); 1/2 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 (1) month prior Iodates of
First monthly payments; expenses stipulated to be paid by Buyer under other provisions of this contract.
E. If any sales expenses exceed the ni—imum 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 Dale, 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 dale 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 ( 1) restrictive covenants affecting The
Properly (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 plated subdivision
of which this Property is a part and (8) reservations or other exceptions permitted by the terms of this contract. Exceptions permited 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 (1) 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 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 disclosedlto 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 assured
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 lexas shall be used.
15. DEFAULT: If Buyer fails nm comply herewith, Seller may euhcr (a) enforce specific performance and seek such other relief as may he provided by law or (b)
terminate this contract and receive the Earnest Mundy as liquidated damages, It 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 Eamest 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. 11 Seller fails to comply herewith Gx
any other reason, Buyer may either (a) enforce specific petlortance herein and seek such other relief as may he provided by law or lb) terminate this contract and
receive the Earnest Money, thereby releasing Seller front this contract
16. ATTORNEY'S FEES: Any signatory to this contract. Broker or Escrow Agent who is the prevailing parry in any legal proceeding brought under or with relation to
this contract or transaction shall be additionally entitled to recover court costs and reasonable attomey 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 parry to this contract and does not assume
or have any liability for performance or nun-performnce 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
escrow funds caused by the failure of any banking institution in %khtch such funds have been deposited, unless such banking institution is acting as Escrow Agent
If any signatory unreasonably fails to deliver promptly the documents described in (b) above, then such signatory shall tie liable to the other signmories as provided
in Paragraph 16 At closing, the Earnest Money shall he applied first to any cash down payment required, then to Buyer's closing costs and any excess refunded to
Buyer. Any refund or payment of the Earnest Money under this contract shall he reduced by the amount of any actual expenses incurred on behalf of the party
receiving the Earnest Money, and Escrow Agent will pay the same to the creditors entitled thereto.
18. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will he no unrecorded liens, assessments or Uniform Commercial Code Security
Interests against any of the Property which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by Buyer and (b) that assuned
loan(s) will be without default. If any representation abowe is untrue on the Closing Date this contract may be terminated by Buyer and the Earnest Money shall he
refunded to Buyer. All representations contained in this contract shall survive closing. \
063
.I RI U N,, to I
Unimproved Property Earnest Money Contract concerning
ve
(Address of Property)
Page Three 02-08-85
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 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 1MKiCIIIPn=D4Wr to UP I T . If Buyer ascertains that applicable zoning ordinances, restrictions or governmental laws, rules or regula-
lions 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
appnrpriale governmental authority, and Buyer so notifies Seller within days from Cite effective dale of this contract, then lire same shall terminate
and the Earnest Moncy shall be refunded to buyer: failure on tie pan of Buyer It) give the notice within the required time shall constitute Buyer's acceptance of
the Property for Buyer's intended use.
20. SURVEY: IX)d required I I not required. If required, then within 30Jays from the effective date of this contract a current survey of the Property
shall be furnished by and at the expense of jam{ Seller ( ! 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 locale all improvements, encroachments and overlapping
of improvements on the Property, together with all easements and roadways adjoining or crossing the Property.
21. AGREEMENT Oh PARTIES: This contract contains the entire agreement of Ube 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):
Information for a prospective real estate buyer
22. NOTICES: All notices shall be in writing and effective when delidcrcd at the addresses shown below.
23. CONSULT YOUR ATTORNEY: The Broker cannot give you legal dKlvicc. This is imenred in he a legally hireling contract. RI -AD IT CARIiFULLY. federal law
may impose certain duties upon Broikers or Sigmuorics to this contract when any of the sigmalmics is a foreign party. or when any of thhc signatories receives certain
anrnnls of U.S. currency in conreclion with a read estate closing. II you do not understand the effect tit any Tian of Ihis contract. consult your aoontey BEFORE
signing.
SELLER'S BUYER'S
ATTORNEY: ATTORNEY:
EXECUTED in multiple originals effective the --Jay o 19 / Y (BROKER: FILL IN THE DATE OF FINAL ACCEP7ANCE,1
7�
Buyer Seller
4fJ�9i1lN4,TTF
Buyer Seller
Buyer's Address
Phone No.
8102 Amelia Unit 104F
Seller's Address 110UStM, Texas 77055 Phone Ni
AGREEMENT BETWEEN BROKERS
Listing Broker agrees to pay Amerind Realty/Eleanor Gilchrist cm -Br lets
a fee of six of ite total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed to paN
Co -Broker from Listing Broker's fee at closing.
Ameritec Realty 276390 Ameritec Realty 276390
Co -Broker � - Liccmr No. Listing Ihokcr r License N,
By. By:
Co -Broker's Address
Phone No.
1880 f)ai ry Ashford #112 496-9901
z
Listing l i8f6 t- Texas 77077 Ph„nc N ,
EARNEST MONEY RECL'119'�
Receipt of 3 �a C9Q Earnest Money is acknowledged in the loon of `-" `s
Escrow Agent:y� allel_ C2/z r_. �- By:
Dale: ? /�3 19L�
t150-JPI-
the lomn of Ihis contract has been approved by to *I:xas Real fatale Commission. StKh appnwal relates to this contract
limn only. No representation is made a% Io the Icgal %alithls or aKequac� of any provision in any specilic Irawaclions. It is
not suitable Ibr complex transactions. Extensive ride- or additions dire nol to he used. (Rev. 02-951 TREC No. 9-1 '11ns
Innn replaces TREC No. 9-0. 063
F R I
9: 5 9 DAIRY A S H F O R D P.02
•
SURVEY OF A TRACT OUT OI
RESERVE "K" , PALLY RANCI
ESTATES SUBDIVISION, GAI
COL''ITY, TEXAS
According to the map or
subdivision recorded ir,
in the 0 fice of the COL
County, exas. ��_r. -
'RACT NO. 1:
TACT DESCRIPTION: Commencing at the West corner of P.eserve "K", 'Dolly Ranch
:states S i.v s on, recorded in Volume :le15, Page 4, in the Office of the County
:k of Galveston County, Texas, said point lying in the Northeasterly right of
aay line of F.M. 518 as occupied, THENCE from said beginning corner S26053'E,
ilong the said Northeasterly right of way line of F.M. 518, and along the
Southwest line of said Reserve IV, a distance of 178.37 feet to the place of
:e-inning of the tract hereinafter described; THENCE from said beginning corner
:ontinuing S26953'E, along the Northeasterly right of way line of F.M. 518 and
i`org the Southwest line of Reserve aK", a distance of 97.74 feet to a point fcr
along the ')itheast lire of Reserve "K", a distance of 154.45 feet to a point for corner;
being the South corner of said Reserve "K" ; THENCE N38°00' E
N46'16'14, a distance of 91.33 feet to a point for corner; THENCE
360531w, a distance of 122.1 feet to the place of beginning and containing
acre, :Wore or less.
,YS Polly PancY! Estates,
s�,�0�l
A y i.j
r
Surveyed November 3, 1975
By; .
CITY OF FRIENDSWOOD P14B 7134821083
Id P� /NSQPfied ►IJ 'J"
Stec► P"oso" l D
Buyer shall have thirty (30) days from the effective
date of this Contract to perform or cause to be performed
such tests and inspections as shall, be Necessary -to
determine the environmental condition of the property and
the presence or absence of or contamination by hazardous
materials, or the compliance of the property with
regulations or laws pertaining to health or the environment.
In furtherance thereof Buyer, its agents, servants, and
employees, shall be entitled to enter upon the property for
the purpose of conducting any such tests and/or inspections.
If Buyer discovers any defects in the environmental
condition of the property or contamination by the presence
of hazardous material, thereon or therein, or that the
property does not comply with regulations or laws pertaining
to health or the environment and Seller fails to cure same
within twenty (20) days from the date of notice thereof,
Buyer may (1) terminate this Contract and receive back all
earnest monies paid and neither party shall have any further
obligation hereunder or (2) waive such conditions.
Modified terms and conditions listed above acceptable by owner
as per signature:
-/O"
Date
/j4annette Go
P.02
AUTHORIZE PURCHASE OF PROPERTY FOR
SOUTH FRIENDSWOOD INTERCEPTOR LIFT STATION
We indicated to you at the last Council meeting the proposed
donation of property for the location of the lift station had
fallen through. With that, staff sought out available property
along the same route of the line. We have located a 0.284 acre
tract of land that happens to be the site of the old Crazy Horse
Saloon (what a coincidence). Jimmy has prepared an exhibit
showing the property. We do not technically need all the
property available. However, if we only purchase what we need
there will be nothing usable left for the property owner, and we
would end up harming the owner.
We have made a tentative unofficial offer, subject to your
approval, of $30,925. The owner has agreed to this price and
provided a proposed contract. We have not signed the contract as
we had no authority to do so.
We are seeking your authorization to purchase the property for
that amount subject to an environmental review of the property.
We believe an environmental review of the property is warranted
to determine if any underground storage tanks exist of any
hazardous materials that might have been stored or buried on the
site. (We are more reluctant about the purchase of property
after having had to incur the costs of asbestos removal on the
Shadwell Street property.)
We propose to purchase the property with Impact Fee Funds. Roger
has reviewed our finances in that fund, and money is available.
We have discussed the price with Mayor Newman. She feels it is a
reasonable amount.
Attachment
1) Packet of information pertaining to the purchase of
property for the South Friendswood Interceptor Lift Station.
CMR9207.1G/KSNO2 July 6, 1992
SFI
L caw T
4 ' P
LESL
v9
FOX
4�
YS t�
LAKESAGLE SECT 2
GOVE CT. A4
3
SLOE
j
�' F9
> CREEK
Y
PROPOSED
LIFT STATION
SITE
RANCHO
VIEJO
s
JU4 15 '92 13:01 ENVIROTEST, INC., (713)-782-34ze
P.2
June 15, 1992
Mr. Jimmy Thompson
City of Fnendswood, Public Works Building
1306 Deepwood
Friendswood, TX 77546
RE: Cost Estimate, Proposal, and Contract for Services
Phase I Environmental Assessment
0.284 undeveloped acres
FM 518 and Oak Drive, Friendswood, Texas
Dear Nir. Thompson:
Thank you for providing Envirotest, Inc. the opportunity to submit this proposal to conduct a
Phase I Environmental Assessment of the above referenced property. The purpose of the
Phase I Environmental Assessment is to make inquiry and investigation into the environmen-
tal conditions and potential contamination to the air, water, soil, and improvements on a
specifically designated property.
The attached contract details the services undertaken by Envirotest, Inc. with respect to the
Phase I Environmental Assessment of the subject property. The contract sets forth and
details the three areas of emphasis of the assessment.
Upon receipt of the executed contract, payment schedule, property data sheet, and complete
legal description of the property, a final report will be completed within ten working days.
Should you have any questions regarding this proposal for services or contract please feel
free to contact me at 782 4101.
Sincerely,
Stuart C. W, , P.D.
Chief Executive Officer
Envirotest, Inc.
G PM
JUN 15 '92 13:01 ENVIROTEST, INC., (713)-7e2-342e P.3
CONTRACT FOR SERVICES BY ENVIROTEST, INC.
PHASE ONE ENVIRONMENTAL ASSESSMENT
As of the dates of the execution of this contract the, parties hereto, being Envirotest, Inc.,
and the Client indicated below have entered into the following contract for services to be
provided by Envirotest, Inc. and to be paid for by Client in accordance with the attached
Payment Agreement:
I. SCOPE OF WORK TO BE PERFORMED BY ENVIROTEST, INC. ON -SITE
I. Envirotest, Inc. will conduct an on -site visual inspection of accessible areas of
the subject property for the purpose of viewing and noting the following specific
matters:
A. identification of the current use or uses of the property;
B. identification of the current water drainage patterns on the property;
C. visual evidence of previous fires on the property;
D. current or recent construction of improvements or other construction to
the property;
E. visual evidence of any underground storage tanks, water wells, septic
tanks, pipelines, and/or oil and gas well;
F. visual evidence of spills or surface soil contamination;
G. evidence of storage and/or use of hazardous materials such as solvents
and pesticides;
H. the existence of electrical transformers or fluorescent light ballasts which
may contain polychlorinated biphenyls.
1. visually inspect improvements and make recommendations regarding
lead in paint and water coolers.
2. The on -site visual inspection will not include any materials or sample testing
with the exception of possible asbestos inspection as set forth hereafter.
-2-
. JUN 15 '92 13:02 ENVIROTEST. INC., (713)-782-3428
P.4
II
3. If improvements to the property are present, Envirotest, Inc. will conduct a
visual inspection of materials in the improvements and collect random samples
of possible asbestos containing materials from improvements on the property to
check for the presence of asbestos if in the discretion of Envirotest, Inc. such
testing is necessary.
Pursuant to this contract no more than five samples of materials commonly
known to contain asbestos will be collected and analyzed by Envirotest, Inc. s'
NVLAP accredited in-house laboratory using polarized light microscopy.
SCOPE OF SERVICES REGARDING REGULATORY INFORMATION AND
APPLICABLE PUBLIC INFORMATION AND RECORDS
Considering the nature of the subject property, Envirotest, Inc. in its discretion
shall contact applicable, state, city, and county a encies and review applicable
public records regarding the subject property. Agencies which may be con-
tacted may include the following:
Public Works Department
City Planner
Fire Marshall
Local Health Department
Local Pollution Control Board
County Soil Conservation Department
County Flood Management Administrator
2. Envirotest, Inc. will review local municipal water well lists and state ordinances
restricting land use near well sites.
3. Envirotest, Inc. will review available county flood maps to determine whether
the subject property is located in a flood hazard zone.
4. Envirotest, Inc. will review soil maps and EPA radon potential maps if and
when available in order to determine if radon testing should be performed. If
property is undeveloped and not urban, readily available soil maps will be
reviewed to determine if hydric soils are listed for the property.
5. Envirotest, Inc. shall determine if any municipal zoning restrictions affect the
use or character of the subject property.
6. Within the discretion of Envirotest, Inc., Envirotest, Inc. shall review readily
available aerial photographs of the subje:Tindications
roperty and adjacent properties for
development of property improvements of industrial or unusual
usage.
7. Envirotest, Inc. will review the Texas Historical Commission's Catalog of
Texas properties in the National Register of Historical places to determine if the
subject property has historical or archaeological significance to the State of
Texas.
-3-
JUN 15 '92 13:03 ENVIROTEST, INC., (713)-782-342e P.5
8. Envirotest, Inc. will undertake to obtain the following information by contract
with third party sources to be reviewed and summarized by Envirotest, Inc. and
included in the report issued pursuant to this contract:
A. Chain of title and ownership records for the subject property for the
previous fifty years. However, such information obwined for the
purposes of this report pursuant to this contract shall include only one
chain of title. If additional chain of title must be researched in order to
complete this information, an additional charge to Client of cost + 10%
per chain of title shall be charged by Envirotest, Inc. and paid by
Client.
The chain of title and ownership records reporting pursuant to this
paragraph is not intended to be and is in no way to be considered a title
opinion, assurance of record title, or guaranty or insurance of any kind
as to the past or present record ownership of the property. The sole
purpose of obtaining and providing a summary of this information is for
the evaluation of the possible or potential past usages of the property by
prior owners as those usages might affect this report.
B. Information from the United States Environmental Protection Agency
(EPA) in order to determine if the subject propertyis listed as, or is in
close proximity to properties subject to any of the
a. Resource Conservation and Recovery Act (RCRA) - which
regulated the ongoing generation, transportation, treatment,
storage and disposal of hazardous waste;
b. The Comprehensive Environmental Recovery, Conservation, and
Liability - Which is the "Superfund Law", which
covers waste sizes requiring cleanup; w d includes, but
is not limited, facilities which stored, processed, or disposed of
hazardous material;
C. National Priorities List (NPL) which includes the CERCLA sites
which constitute an imminent and substantial danger to public
health and/or the environment.
C. Information from the Texas Water Commission concerning the follow-
ing:
a. Underground Storage Tanks (UST) - any tank, including asso-
ciated piping, that has at least 10 % of its volume underground;
b. Leaking Underground Storage Tanks (LUST) - facilities which
are known to be releasing a portion of their contents into the air,
water, and/or soil.
M
UN 15 '92 13:04 ENVIROTEST, INC., (713)-782-3428
P.6
Envirotest, Inc. shall determine from this information:
1) if the subject is on or within a one mile radius of any registered
Superfund an� cleanup site, and;
2) if the subject property is within a 1/4 mile radius of any registered
RCRA, UST, and LUST sites.
III. SCOPE OF FINAL REPORT
Envirotest, Inc. will provide two copies of a final written report for each subject
property presenting the results of the investigations set forth herein along with
recommendations for further testing if required, including but not limited to the
following information:
1. A summary of the on -site inspection including general development of
the property, water drainage, chemical storage, waste disposal, obvious
signs o spills or contamination, lead concerns, possible PCB containing
equipment, and general implied activity of the adjacent properties.
2. A summary of the review of environmental databases (CERCLA,
RCRA, UST, LUST, NPL, and State Superfund).
3. Summarized interviews with appropriate state, county, and city depart-
ments.
4. A review of munies'pal water well lists, municipal zoning maps, county
soil maps, and flood maps in relation to the subject property.
3. Information regarding historical or archaeological significance.
6. Summary of the chain of title for the purpose of evaluating past owners
and their implied past use of the property. This final report is not
intended to be and shall not be construed by the client to be a title
opinion of any nature.
7. If applicable, asbestos test results with sample locations, descriptions,
assessments, and recommendations.
8. If applicable; recommendations for radon testing, lead testing, and PCB
testing;
9. An executive summary detailing the findings and recommendations for
further studies.
The Payment Agreement and Terms and Conditions for the Contract for Ser-
vices by Envirotest, Inc. - Phase One Environmental Assessment constitute a
part of this contract and are incorporated herein as though set forth fully herein.
-5-
. JUH 15 '92 13:05 ENVIROTEST, INC., (713)-782-342e
P.7
Mr. Jimmy Thompson
City of Friendswood, Public Works Building
1306 Deepwood
Friendswood, TX 77546
Cost of Services - Phase One Environmental Assessment
0.284 undeveloped acres
FM 518 and Oak Drive, Friendswood, Texas
TOTAL CHARGES: $ 1,625.00
All Prices include one chain of title for each property. An additional charge of cost + 10%
shall be assessed for each additional chain of title pursuant to the contract.
The Final Report will be completed within 10 working days after receipt of the executed
contract, property data sheet, complete legal description of the property, and this executed
Payment Agreement.
All copies of the Final Report will be sent directly to the client at the address listed above.
Without explicit written instructions from the client neither the report nor copies of the report
shall be provided to any other party. Envirotest, Inc. reserves the right to assess a charge to
the client for any such request by the client.
This proposal is accepted by the client, the client agrees to pay Envirotest, Inc. in accordance
with this Payment Agreement and Envirotest, Inc. is hereby authorized to begin work on the
project in accordance with the contract as of the date of the execution of this Payment
Agreement:
City of Friendswood, Public Works
By (printed name
Position
ate
01
JUN 15 '92 13:05 ENVIROTEST, INC., (713)-7e2-3428
P.8
PROPERTY DATA SHEET
Please complete the following and return to Envirotest, Inc.
PROJECT: 0.284 undeveloped acres, FM 518 and Oak Drive, Friendswood, Texas
Legal address of the property
Address where report is to be sent:
Person(s) authorized to receive reports or information on this project:
Person who will act as contact to provide access onto the property and buildings:
Who is the present owner of the property?
If structures are located on the property, when were they constructed?
Is the property presently occupied?
will floor plans and site maps be sent?
To the best of your knowledge, based on currently available information, the only hazardous
materials or toxic materials which exist on the subject property are:
To the best of your knowledge, based on currently available information, do any water wells,
underground storage tanks, septic tanks, natural gas or petroleum product pipelines, or other
underground structures exist on the property?
`. JUN 15 '92 13:06 ENVIROTEST, INC., (713)-782-3428
P.9
The contract for services by Envirotest, Inc. - Phase 1 Environmental Assessment is subject
to the following terms and conditions;
1) The 'client' refers to the person or entittyy ordering the work to be oompleted by Emrirotest, Inc. The client has
contracted with Envlrotest, Inc. for Envlrotest, Inc, to perform the errrlronmsrdal services outlined In the
oon"Ot. If OW client Is oontractln for the services of Envlratest Inc. on be of another pay the diem
reprasenta and warrants that It hat the authority to order the services and In fact rspraswtt6 the `third parry.
Ths client e►�revs; however, that it shall be solely resporw(ble for payment under the terms of the Payment
Acrsoment. �rnlrotest, Inc. shall not be responsible for the Interpretation or use of the final report by anyone
offer than the client.
2) All wvices, work, work product, and roportlnQ shall be conalde oo Envirotw , Inc. for all
purposes and no Informadon shall be disseminated except to the client un= is t wrttten Instrucdons
are given by the ollent to Envirotest, Inc.
3) Client agrees that should any cialm be made against the client or against Envirotw Inc. as a result of, or
referring to the report provided by gnviroteat, Inc. the client will Indemntfy ErrviroMat, Inc. end hold ErMMt-
est, Inc, harmless for all attorneys , expanses, cow of court, and all other monies or ages expanded
by or suffered by Env rotest, Inc. in defense of any clalme asserted agsinat Envirottast, Inc. by the diem or by
any other third party.
4) The contract and all of ttt• terms and concittlons shall be gowned by and shall be oonaned In accordance
with the laws of the state of Texas and all rights duties and obligations pursuant to the contract and the terms
and conditions are payable, performable and snOcaable in Mamie County, Texas.
8) If any of the provisions of the cor>tract or the terms and oondttiorts am held to be Invalid, void or unenforce-
able by a court of oompetem )uriadlction the omalning provisions will neverths-leas continue in full fora
and effect without being Impaired or Invaildeted In any form or fashion.
a) silent to the full amount invoiced for services by Envtrotset, Inc. In accordance with the
yment Bement within thirty (20) days after recelpt of the Invofee for services. Client agrees that client
shall pay any cost for oollecdon and reasonable attorneys fees an any put due amounts. Client agrees that
any poet due amount shall accrue Interest at the maximum rate permisaible by law.
7)
n
The Contract and these terms and ocndhlons cordtftuts the entire agreement between the parties hereof with
respect to the matters oovwed thereby. All prior neQott cns, reartssntattom, and agroef en wilh respect
hereto which are not Incorporated Wain are hereby canoell act The contrand terms and eonai Ord may
be rnocifned or amended only by a document to be executed by all parties to the oOMMct.
12
2-92 FR I 1 3 : 04 DAIRY ASHFORD
VaChicagolli le Liswralnce Comex- ty
P.O. Box 987
Houston, Texas 77001
MAIN OFFICE
BRANCH OFFICB
16W Smith
600 Jefferson
Suite 3975
Suite 800
Houston, Texas 77002
Houston, Texas 77002
951.7700
659-1411
BRANCH OFFICE
BRANCH OFFICE
14025 St. Mary's Lan•
9M Beechnut
gulls 105
suite 105
Houston, Texas 77079
Houston, Tioxas 770M
070.9171
776-"03
BFtANC}i OFF1Cfc
Bf1Aak-
1001 S. Dairy Ashford
1700 West Loop
Suite 100
Suits 230
Houston, Texas 77077
Houston, Texas 77027
493.2676
871-8074
BRANCH OFFICE
13231 Champion ForeSI Or,
Bulls, 102
Houston, Texail 7706a
444.2000
BRANCH 6041
2310 Timber Shadows Dr.
Suite 106
Kingwood, Texas 77�39
358.1060
UNIMPROVED PROPERTY EARNEST MONEY CONTRACT 02.un.as
This Contract Is Limited To Transactions where Intended Uxe Is anon Oita TO Fuur F-tmily Kesidences
PROMULGATED BY TEXAS REAL MATE CUMMISSION
1, PARTIES: Jdt wtette Golar t, single fe -e
City—ofri — ___ _tSel)er) Agrerx to
Sell and convey to r Water 2
—_(Buyer) aw Buyer
agrees to buy from Seller the properiy described below. F
2. PROPERTY; Lot S J Of a tr,�Ct Ol:t, 91ockRP_,5 e "K" Folly Ranch Estates
Clt—addition,
)Fcg1 Pr�riR,�x-Y� Ga 1Ve!Qn1 „ County, TCXLq, or is tkscrlbed on attsK•hed eshihit (the Property),
3. CONTRACT SALE5 PRICE:
A. CAsh payable a( ciustng s 30, 925.00
B. Sum of all financing described in Para&MrAj a below .. , , . , .00
C. Sales Pricc (Sum of .4 anJ 0) ........ . ........... . . . .. . . ..., .. , f_ 30, 925.00
a. FINAiNCINQ: (Check applicable bOxC3 below)
XMt;A, ALL CASH: This is an all cash said; no rinaneing is involved.
❑ 0. A3sumF r10N: ►
(1) Buyer's assumptwrr of the unpaid principal balance of a first lien promissory nvle payable to
in proxcrN monthly mmallmcnis of S , including principal, Interest and any reserve dx:pvsi(s, with Buyer's first installment payment
hieing payable on the first installmcnt payrnent dale after eluting, the assumed principat finance of which at CIVstrtg will be S
(2) Buyer" assumption of the unpaid principal balance Of a second lien ptomissory note payahk to
in present monthly installmcnu of $, including princaps), interest and any rescrve deposits, with Buyser's first Inatsllnreru
being payable on the firs( installmcnt paymed
paymeru date after closing, the sasunted principal balance a( which at closing will be S
Buyer's assumptwn of an cxixting note includes all obligations imposed by the teed of trust securing the note.
If the total principal balance of all assumed loans vanes in an amount greater than $370 00 at ebsing tither party may terminate (hiss cttrMrrsry sad the Earnest
Money sfrall be refunded (a Buyer, If the noteholder On assumption (a) requires Buyer to pay an assumption fee in excess a S In
9(I) above or S in 13(2) &b(ots and Seller declines 10 pay such access or (b) raises the existing interest rate above ate%
in 8(I) above or % in B(2) absrvc, Buyer troy tcrmlnata this contract VW the Earnest Moray shall be mfunded to Bu list cash
closing xl I be adjusted by the amount of any variant in the loan balanco(s) shown #bow. � �°� A,
NOTICE TO BUYERS Monthly payments. ialicMst ales or other temts Of soma loans nay be adjusted after closing. Before signing the corwract, esanNne the
notes and deeds of trust to determine the possibility of fissure xdjuslmcnta.
❑ C. THIRD PARTY FINANCED:
Q I, A thin! poly fiat Ij= mete of $ due in full in
and interest not oxcccding for the 11n1 YeaKs)' peynble in initial monthly puynsurls of pttineipoi
2, A third yeu(s) of ax ban.
❑ party tcvrx) lien note o!S , duo in full in — year(s) )'layahle in initial nturithJ
and inter<st rrcrt exceeding S Y payments of pNrleipal
NOTICE TO PARTIES; Bclnrc signing this contract Bu for uto first yeu(s) of the lone.
Interest, arms have month( M is advised to determine the financing options from Ienders, Certain Ioan.s Rave var7abie rates of
y payments which may not he sufficient to pay the accruing in(crcx(, and some have interest roe "buydrnvns" which reduce tax
rate of interest for part or all of the Isom zrm At the expense of one ur mice of the parties to the contract.
Q D. SELLER FINANCED: A pr inissory note from Buyer to Seller in tine arrtvunt of S
and payobic: bcuing i, iniefest
per tutnum,
Cl I In one payment dire (M the date of the nctc with Interest payable
❑ 2,. In ins(allmerus of S { {including interest ( I plus inte:cu beginning �
after (he date of the mac and continuing at
nwc shaif be due And , oyablc. 11tc-01s thereafter for yettr(s) when the entire balance of the
❑ 3 interest only in nsta;lmen(s Ier t4c firm ---,.ycar(0 and thereafter in lnstallniwus of S_ ( I rn udin interest '
' g � t )plus intcrest bcgtn^ng--�—�fer the di(e of the note and continuing at
v intervals thereafter for : t? — -
yCar(S) 'rht.^. aht t�aurc bslan••. n.r
❑ 4. This contract i.s xub)cct w Buycr furni,laing Seller evidence of good Credit within
of d1upprnval of Buyer's credit is not given willtin five (S) doyx (hereafter. Seller eftl b� �CCntcdtfrom'
o p 'tiil rW ivi: Buyetf t is i; credit acteIflnoticc
authorizes Buyer's credit repsnm to be (unnshed to Seiler. s
Any Seller financed note may be prepaid in whole or in pan at any urr:e, without pcnulty. The lien securing paynunt of such ncsse will be %ni'vinr to sny
hen securing any Ines ass incdTitic Rrlicy. Title Or given in connection with third pony fina
Seller with a Mnngngce'Title ,,King If an Owner's %hcy of e Irrsunsrtce is famished, Fluycr shall fumigh
l'i
Buycr shall apply for all third puny ontracmg or nutefutickr's approval of Uvyet tier As.wmpturn and waiver of the right to Accelerate the note within �a .�
days from the effective date of Ulis contract arid shot! snake every reasonable e(fvn to obtain the same, Such financing or assumption shall have icon ,,pprvvcd when
flcd
Buycr has ;asAppr all of IcnJcr's fntanCtAl cundiuotts, Sg,�sale of Other property, requirement v( cv-signer Or rnatmcial-vCr;fKa,Km;. Ir such fiMrscing
shallll ehrefuns d w But and wuivu is nut obtained within �` days from the effective date hereof, this contract shall termimsic�anrl the r:ameet Money'
shall be refunded to Guyer
S. EARNEST NtONI Y: S
is herewith tendered by Buyer and is to be deposited as Lamcst Wiley with
as E !crow upon execution of th
Agent. u at
e contract by both parties,—cAddrexsl,
the Escrow Agent on or before C7 Atklitlnnal liarrest McNrey of $ shah bC dcp„saied by Buyer with
6. T1TLE: Seller shall tumish to Buyer at Sclier's expense either: 19
❑ A. Owner's P:4icy of Title Insurance (the Title Pbticy) isxvcd by
in the xmuun( of the Saks Price And dated at or Art= closing OR - —•
❑ B. Abstracts of Tltk ccnlflrrl , " ,F., _ ,
2— 9 2 FRI 1 3: 0 S D A I R Y A S H F O R D P. 0 3
N
IJrttmproved Property Carnes, Money Contract Pole Two---
Seclum 50,301 Texas Mier C'uddc nquires the Huger u, x)gn and acknowledge (he alatinory rsrttict loan Seller rcla(ing (u IMf tax rule tar+J lt,ntktiJ ,n,ycM dtK A,1
the District,
7. PROPERTY COND1T10N: u cf ac opts t Pr y jn Its prescnt condiliva, subject only to
un=Prov( lama only no inTicyaTient
4 BROKER'S FEE: 1 �
Seller unless otherwise specified herein. ScIICr agrees to pay Listing Broker the tote specified . Listing Broker, And any Co•Brokcr represent
by separate agrtcmcnl hctween LiAling Broker and Seller, If thcrc is
no StWillo agreement, Scllcr agrees to pay Li tin= Hroker in Harris
of this sale or on Seller's dcfoull a total cash red of 22KEerlt County, Texas, nn crxssumntation
paid to Seiler Nx to cxcued the amount of cash (cc. Escrow Agcni Is aullxrlxed undf d c lb( ,(Sales Prior n mid (rem Ilse galhalf of be Earnest Money
Listing proceeds.
9, CLOSING; The cluslug of the sole shall be on or before 4� days fern+ r�at2 Ole Gt7r1tr3
days after objections to tide have heen cured, whichever Jute Is Inter (the Glaring hue); however, if financin or arson jinn ' 19-9,Z, to within sever, (7)
to Paragraph 4, the Closing Dula shall be extended daily up to fthctn (15) days if necessary to complete Iuan requirensents. I( citoherlpartyhas bfa ixen 'hr c1cm h s ink
by the Ckosing Date, the non•defaulling party sltail be entitled in excrclse the relncdies contained in Parngrnitlr IS imnrediniely and without trtae
10. POSSFSS"n The rmssc%sion of the Property shall he delivered to lluyer Alt closing
11. SPCCIAL PROYtSN'NdS: Nnxcn rac(uul xtaicnd:na and basins% &Itlilx applicable ho Wit sate. )
if any inspections below ground are required it will be at buyer's a pense
12 SALES F.XPCNSGCS .in BE PAID IN CASH AT CR PRM TO CLOSING. ,
A. Loan "ppruisul fccs shall be ptid by a
8, The dmal of the lion discount and WYJuwn fees sh:111 fx,l exceed S a --of which Royer shall pay ilia Rrst $ a
Puy the remainder and Seller shall
C. Seller's Expenses; Prepayment pcnuloics on any existing loans paid at closing, plus cost of rclessing such loans and recording releases; tax statamerus; `/s of any
escrow rote; preparation of deed; preparation and recording of any deed of trust do secure assumption; other expenses siipulated u, he (mid by Setter under
other provisions of Ihis contract.
D. Buyer's Expense:: Application, uriginatlon and c0mMtIln<:N fccs: private awrigage inxor,(nce premiums and any loan assumption fee; expense. irrcidenl to
new Inan(x) (e g.. preparation or any mute, deed or teas, and other loon dmvmcnis, survey (unless elifn,latcd to he paid by Seller in iTrajretto MI, recdxdino
fees, copes o(rcslrk(bns and a,scnxnn, Murtggce'e Title ltilictc%, credit reports, 0010 ). A of any escrow fee; any required rtserse depos,lc rnr aJ sn1,rem
taxes and special govemnicnial axscssmen(s; lntcros( nn all mGmthly insiallmcnt payment rime% from date of dl.sburxemenis m( err one ( I ) utih furor (u dater nl
first monthly paynients; expenses alipufuted to be paid by Uuycr under oAhu rmvisinn.t of this contract.
E. If any Saks expenses exceed the uu,.trnum arrtcuni herein stipulated to Ix paid by either parry, e1(her parry may terrniawc this ecmlrxl ankm the other parry
agree► to posy such excexs.
13. PRORATIONS ANU TAXES: Interest (in any :sullied loan, current tuxes, any rents and rnain(emance feet shall he prtxatcd thnsotgh tha Closing DI(C If ad valorem
taxes for the year in which (iu .little is closed are not Available on the Closing Date, pruration of (axes shall be made onl the haxis of taxes axseveed in the prev;pus
)ear.
If this sale - Suycr's use of Ilse Property after closing results in the assesxntenl of additional taxes lot periods prior w cloning, such add,ikrial loxes shall be the
obl(gation of the Buyer and such oliligntion shall survive Closing, If Scller's change in use of the f4aperty prior to cluing or denial of a special use valuallon
claimed by Seller re,wlis in the asxossment of uddltiortal taxes fix perlods prior to survive closing choosing, such additional taxes shall be the obligxtion of teller, and such Ohllsuion
shall
14. TITLE APPROVAL
A. it absuut is rumishcd, Seller shall deliver Complete Abstract to Buyer within twenty (20) days front the effective dale hereof. Buyer shall I (20)
days from date of receipt of Complete Absiraci to deliver A criry of dic examining attornehave (20)
days (ilia opinion to Seller, stating any diteclinru to tide, err! only
objections so stated A01 be considered.
B. If Tina Nicy is tumishcd, the Title Policy shall guarrinice Buyer's title 10 be good and Indefcanible Subject Only to (1) restrictive coKnanix #fI&(ing the
P►O(>crty (2) any discrepancies, eor hots Of .,.hurtagcs in area or Ivondury lines, to any cncnwchments, w any uverlapping trf impnovenrrtu► (31,tare. tot the
current and suhoetiuent years and subscquenl ami;x"11(s fur prhx yeah due to a change In land usaite or OWr. Chip (4) existing building and inning tirdinancss
(3) riON or parties in possexsi(m (6) liens created or Assumed As security fur the safe cnnskIcrution (7) utility ersemerus enmmtr) to the piit" subJivisim
of which Ibis Proiscny Is o pun And (8) rescrvatidms or Other cxccplionx permitted by the terms of Ihis contract, Exceptions pernllllad In the Dccd and zoning
ordinuncex %hull not be valid t,h)cctiuns to hlle. If the Title Adicy will boa subjcct to exceptions misc, than those recied above in hub -paragraphs (1) through
(7) inclusive, Seller ►hall deliver to Buyer the Commilrncnt and kQihlc copies of any doculncntA creating weh exceptions ilia( are mint recited in %ub.pttragraph.
( I1 ihn>uuh (7) above at least flue (5) days prior 10 closing, If Buyer has 06JCCIIOA IO any such previously undi.ck,sed exceptions. Buyer shall have flsK IS)
( days after receipt of such Camrnilmeril and copies u) nuke written cshjecttanx to Seller. If rot The C(tnonhtmcnt d. pxavheJ to payer at tr pear a. closing, it
will be comOuxivItly presumed that Seller represented at clo.sing that the Title policy would no( he suhjett to eueptionx other than those criteJ shove is sub
parugruplis ( I ) through (7 )
C. In either instances if title nbjections are raised, Seller shnll have riRecn (15) days from the dale such objeeti(MS are disclosedtio Burr the same, and the Closing
Dole shall be extended accordingly. If ,hot objechlvns are not saclstled by the trended closing slate, this contract shall Terminals and the Eames, Moray shall
be refunded to Buyer, unless Buys alecis to waive the unsnlisfwd Otojeetions and corpete the purchase,
D. Sells shall fumtsh tax slatcmcrits showing no delinquent luxes, s $upplenxn(al Abstract when Applicable, .hewing no additional title exccptions and a Genera!
Warranty feed convcying title subject only to liens securing payment of deft created or assumed six pan of Ilw consideration, (axes lox the current year.
restrictive covenants and utility easements common to the ptaucd Subdivision of which the PropCrty is A pun and renrvutlunx and corwIIk is permitted by his
ion
contract or onherwixe ,acceptable to Buyer. Each note shall lit secured by nttitlor'S and JCed of trust liens, A vender's lien and deed of (rust to secure lied b3ssunlhis
shall be rcqutrtd, which shall sutumaiically rc eased on execution and delivery of a release by noiclulder. If Seter is rcicascd from liability on any aS.sunned
n(xe, the vend(r's lion and deed of trust to sccl,re IsMunipt(oo shall not `;e rcquirc(1, In a,ce of dl• ur(e a< to s! e rur:r of the i)ee(I, rr,tc(sl, deed of trust nt
deed of 4u�r lot secure assumi,lion, farms prepared by tint Stalc star of hexer shall bt: u%ed.
IS. IXsFAUI.T if l(uycr toils III comply herewith, Scllcr may ehtwr (u) enfurcu IiNcllic perrominnce and seek such other rclicl us may bo con
terminate 116% contract and receive the Etirocst Money As Ifilmdatcd darnngus. 11 Seiler Is unahle withool (:cult, within the time herein rcquircol� (nY dklivcr the
COmiriltment or (hi deliver dw Coniplcle Absirv, 1, Iluycr nlmy either terminate this contract and receive the Burros, Men y ux the sole rcnkdy ,+r extend the jinx
for perfonnance up lot litiecn (15) day% And (Ile Closing 1)ulc %hall ha cxicndcd pursuant to attar Provisions ill Ihis enntriv ll Seller fool, ctly of x 1%d the l fix
any other reason, Uuyer may either oil) enrurce spccdlc perlunnamt Iwrcol' and seek sudh other relief ux may he pruvlkd try law or IN tcrmu,atc ilu� comrari erect rcccive the Barer%, Money, thereby releasing Seller from this ;oIltrucL
16. AT 0RNEY'S I -US. Any sittim(aly lu this Contract, OrokCr or Escrow Agent who is the prevailing pally in any legal proceeding bmvphr un,l•r ;> w,th rein „n to
this contract ;)r transaction shall be Wdiliurully entitled to recover court arts and rcau,nuhle anumcy fccs from the Iioll,prcyallins party
17. ESCXUW; The t�'unic.si ,Honey a (lepasllcd with Cscr,w Agcni with the ultdcrKlnnding that Escrow Agent (n) ix not a pnrly to lilk cunlluct ind due% rx,t assume
or have Inc liability fur (the d shut c is hoof thrfomia(rce Of any signalnry (b) has the nghl to require frmi ull signalurics A written release „( haMhiy of doe I c;uw
Agent which aullsurizes the Jishurscmcnt al ;lit Eamcsl Annoy (c) Is eta liable fur Interest or other chant of, the funds Bold and (d) is not liable for Any losses of
escrow (ulAls caused by the ruilurc of any honking Inuiluuon in which such fortolx have hCcn JeP0%iI0d, unle%s ,tich hunkln` in,N6111lion ix acting a% (,crow AFcnt.
If uny slgnnlory umrcaxonnhly luils it) deliver prom oily lie doeunu:nis Jcx'nhv'J in (h) above, then xuo h xignntory xhull he liable In Ilw oiltcr s,gnuinries ax �ravidcd
nt Buyer
le d closing, the f the IZ Muncy xhull he Apl,licd fat IU any cash down paynoent roquirtJ, then w Huyer's closing carts a,od uny ezcesM refunded to
Buyer. Any refund or payment o! the Cartlesi Money under (his contract shall Ise reduced by the anoanit of Any actual expenses irwurred on hehalr of the piny
receiving the Edrncsi Muixy, and Lserow Agcni will pay the sunk to the creditors emitted thereto.
18. REPRESENTATIONS. Seller represents that as of the Closing bale (A) there will he no uotccorJed liens, assessnxrits or Unlflxm Commercial Cock Security
Interests a1. k aims( any of the Property which will nix x sat,sficJ out of the Sala Niec, unless %CClirina naVmc,n of env I.xo,c
FRI 1 3: 0 6 DAIRY A S H F O R D P.04
NEW
(AOj ss of Progeny)
19• WE AND UTUTI1:S• Tlk in( rxlcd
• Mrtf Thtet Q2•M•RS
use of the Property by uuyer Is 1 1 single family dwelling I I multiple fancily dwelling (rl - I I mapik bone. Ellili(irs reyuirr<d At 111e Nuperty flr ltanitary scwvr ( !
such use Ara I I water units
I ( IAA I I tit-Imicily I 1 lekphonc
I (...vent such
dW u It e tire I r availins that 1pI�rr11cahk c(rning ordinances, reslrlclims Or 1t(rvcmmetaal laws, rvklt of rerula•
rklnx prevent slrch Imc(xic(i use (r that such required utilities arc tx>t available, or that the Property is kxated within (ha 1W year fltxld Itlain ax dvalgnated by the
nle
eq
one Ihe(liay I srtB um-yer' ,h1ill icrkx rtuse.ticdllo btuyrr. lanutc tinfthe panIII uf Huyt_ •r Ic, g;vcdllyie Mn"ll icetwithin l>e �utlyc airuvl IOf hc>c01, cnhull nmts�i� ra lwn euysr�a acceptanIII le
na
ce of
the Prupclty lix Buyer's in(crxkd use.
20. SURVEY: 130d nyuired I mmst rcquirce. If rcyuired, Ilwn within
—3Q—d2ys from the effccllva dale of this cumract o eutretu wrvay of the pmpony
shall Iry furnished by t a At Ilse expense jC ( Seller pIX I Buyer by a mulvully acccplable Rcgisleretl lhdrlic Surveyir licensed by the State of texas. A plan ut
the survey together with any apprupriute field rxdcs shell lrc rumisltad to Soler arty buyer, 'the survey .thall locale all improvemcnld by the State
And m A plat
I)
Of inlprtrvrn)enl, 'In the Prapcny, mpther will, all eascntcnls and m4ways adjoining or cr(>astng (I)e pn,peny,
21. ACRI'.FmEmr Oh PAR'l IV-$: This ctxllract cunwins the emote al;mement 41l the piutics dnd Ca11ntsl he chnnErd cxrcp
C01111t by their wrhlcn apnCmcnl Trim Real Fiv/1c
1 shin promulgated ;xldcnda which are a pun nl this cantnxl nn (!i,tl:
j�rmat�;_cm for a prospective real estate bwer-
22. NOTICIiS. All ntnx'Cv,half I)C 11, writing nix, cjji%;Iivr; when IklivCrcd al IIk iahllv,xcv sllt,wn lrClow,
r
I3. CUNS(11:1 1'0(19 A1'I'(WNI'.Y: The 111t4wr Cannot pvc yltu tcy;al «d,,ce This 1%111(clxkd It, IV a lepully Isimlinct colimw1 k1:Al) rl ( ARI:plIl.1.Y lctkml Inw
may Ingxtsc certain dulic, trrx,n Dn><Cr, tit tilgnnturiC, it, Ihi, ""';xl wf><11 :111y al 1W slpnnitims Is A fiNcipli pnAy, trr whC11 any tit It% vpnnitgiv% n•tOi,T> tcl4rnit
a11xx1111, of (I .S. k-mrorwy in ctmr><tUun with a 14:01 C,I111C CIV,Iny II ytxl thr ntx UIxICIS141 l the CIfCt'1 t)I mtun of Ihi, t'mmru•t. cirnsufl wrur ,Intrnry l)I:I (>♦(h
Signing y
SEiLLIA'S I)UYIiR'S
A'19tMNrY _- A'I'ItIRNUY:
EXECUTES) in muliple origlnak Clre0w the �(luy if �, 14_- flflif)KFRt FII I IN
Buyer ---
soya` r
buyer'. A(klrcxa Ph(x)e Ntr,
T HLOMUf }1NA1, XLEMAKE I
Setter —•� -
JC9VN477W
8102 Puielia Unit 104F
Srlkr's Addtr st , S _ 1% tle Not
M1RH.1WLN'I. Illl?'C ,.LN Ii1ir) ms
Listing $nrkeer !purees 141 gory Pneritec Real /Eleanor Gilchrist
A foe W Six ul tllc anal ,r(1c,1 poke wlml d1c N11*0'>, led (ks<•rihed In PWI191DO A Is received. LWrow Aytnr la AulMrynd od ditectrd it pay
C1rBnrker (nxn Liming Ilrt*cr'• fca el ctlraiq
Ameritec Realty 276390 _ Amer_ itee _Realty 276390
lk:cm%c At
Ct>$niktf Liccn�c Na. 1.(.nng Ib(r1,Cr
By: �. / •
By:
j 1 496-9901
Co. AddrCty 17urnC iV11 Liven r —
1W'j,s Texas 77077 1rlltrnc N1r.
LARNESl' MQNI:Y' Rh('Iillr)'
Receipt of 3" — Karsx;s( !Money i, a(1.rhrttictlpcd in Ifw It)mn td
C.vKrow Agcn1: 14y
Date:
. 19_4
Ilxt firrnt nl Ihi, rIm(tu,•1 hit, heat npluttvtrd by IIKI lc,as Rcal InLnc C
only Nu rnmni.,i,nl 5,k'h uprutrvnl lclal�, la Ihi, cannot,
fanU rclxc,(utuuu(1 i, ntuk as ra Ilk Icpul vuli,hln Irr ;xlCtlune> fit any I,ratekian in tn,y ,rx•titic Inn,s(x'tkuts a (s
1119 sultJOIC I1K complex Irunsat•Ika1,. ExlCnsive ndcrs ar Na H uddllh,na ,Ire nut la Ile uxtJ tkrv, tIP•o(.il I'ki:(' I Ih1,
titan rcptuctt, �1 k1i(' No. 9-fl.
---- 063
....5.•...ct?C:+«�:F:9'bT,Y,K..:`.-.iik7i�F.":_.......•'SS � :e..,�..
►
MAINTENANCE INFORMATION SERVICES, INC.
9301 Southwest Freeway
Suite 455
Houston, Texas 77074
(713) 270-07M
��� (�rr#ifirtt#p
TITLE COMPANY
CERTIFICATE NO
Texas American Title Company
92-
G.F. NO
ORDER NO.
875-92-1077 DYR
6296
BUYER
PROPERTY ADDRESS
City of Friendswood Water Dept.
MAINTENANCE INFORMATION SERVICES. INC s --m-a-tees the status of this report as herein stated However, this certificate does not guarantee changes in tax amounts or tax
payment status resulting from the following Tax rD s_. ,Dlementsichanges, refunds or transfer of payments, changes in land use, ownership or exemptions
DISTRICT
COLLECTION DISTRICT NAME
TAX ACCOUNT NUMBER
YEAR
AMOUNT
STATUS
Assessed 0
er:Kleising R. V. Est
to (BOT11 ACCOU1N'TS
5926-0000-0000-011/7
1991
43.15
PAID
County
Galveston I
County
Galveston II
5926-0000-0000-012/6
1991
155.82
PAID
City
Friendswood I
1605-011-002-0
City
Friendswood II
1605-011-001-0
1991
232.89
PAID
School
Friendswood
- - -
12
'
PAID
School
Friendswood II
1605-011-001-0
1991
552.92
PAID
Water
Clear Ck. DD. I
1605-011-002-0
1991
13.92
P AID
Water
Clear Ck. DD. II
1605-011-001-0
1991
50.27
PAID
Stand-by
es: There are No Stand-by
Fees levied ny-Tfils
water is ri
.
Maintenanc
- SEE ATTACHED
TAX DESCRIPTION $equested:0.4823 Acres out of Reserve K, roliy Kancn
I Assessed: J. Dickinson come. 178.37 S.E. from W. corner of Res. K, for .284
Pt. Res. K, Replat of Polly Ranch Estates
II Assessed: J.Digckinson come. W. corner Res. K, SE 178.37 & N.E. 122 to beg.
23�+1 3 NEre 1255.5, NE. 83.9, SW 860, NW 405, SW 428.2, Pt. Res. K
CAD value I 9,280 Land on %ELINOUENT TAXES II 33,510 Land Only
DISTRICT I TAX ACCOUNT NUMBER OR DESCRIPTION I TAXES ARE WHICHEAR FOR I AMOUNT OF TAX I AMOUNT TO REDEEM I THRU
DUE
DATE August 5 , 1992 $64.9 5 MAIN A CE INFORMATIO ERV ES, INC. �!
t' Includes Sales Tax
PUF;C1iASER' S AFFIDAVIT
THE STATE OF TEXAS
COU11TY OF GALVESTON
GF it U7 5921077
Public for crie State of Texas, on
LEFJr.- tiE, the undersiGneu otar;' ' i
• � iAYGr; of Ci.T OF FF.IE:�DS'.'Ouu
this day rersonally appeared EVELYId i r:i;ri; tiiE
oat;; r,,ai:e(s) the following
= to be credible anc over tine a6e of eighteen (16) }'ears, who
i:no�.., �c r �* duly s,.orr.,
-gin by r;ic first par-- -ser of the fcllo�;in�;
haver+, sLid corporutior; is t:,e
- = 1 t1 e
descr+i;,edv-ar,d, to-�:-L• LLLD 0.Z4c2j ACRE OUT OF
1.0- 0; LASS, OUT OF , C
r.r C F DEED F,7�Ji' R!'YiiOi'D 1
�. y: `C.- LE u,U ri� �:'f: l 1 � � - � LU L 2� �2, Pr`.GE' 47 OF Tl+E
TTL `' OUT OF �SEi: L
;LIc:1 TO Jr-= VES10i:�000;:T'i, Tt ::r••�, A:.D PARTLY
�CCO DIi;G o TriE i`.i:F
DE D ;,� ,;;.JS Gr GtiL CGU1+11
POLL" :.r._ � i EST P TES, A SUEDIVISICi I ; GALVLST0' yCO-RDS
PAGE ;IAP P,iCG'DS OF GALVESTGii S
�r Ii, 1rOLUi;E 1- cC .IE;rL L1 VZTES AI1D uOUi DS
OF: PLf•i--:iP,Z0F CT EI1:G 1`;OF;ir PhiitICULI.It'LY Di✓.% � r
1rXAS, .-._:� SAID HERETO A1D i!ALF. ti PA
Oi: Cn'C:i- -1 "All ATTACHED 1 to the
You are hereby authorized to issue aij Owt;er's and is understood
red upon the real property described above, ection of the
,undersio:�
that Texas American Title Cor:,pany has Wade no agrees to the Owner' s
prerinises being
insured and tine undersigned ag n;iLhts of
Title policy with the following except,
incorporated therein:
ion".
Parties in Possessis accepting said
by so doing the undersigned
It is understood thaw parties now in possession of such property
poi icy subject to the rights of P� if any are now in possession of such
hold, inspect
the said premises and to
and these under wi�ori they ne6 agrees to
property, and the undersig
ants.
obtain possession thereof fro,, the present occupants.
encroachments as
Tae undersigned is aware of and and acciptswitn thisfollowingthe transaction:
shown on the survey furnished i
:v: E
transaction is an assumption or fuallctoe°terms°ofbtile �Deed
the
_f this tr rior to
undersigned hereby acknowledges full awareness ee,s requirements p
of Tru'St and compliance. with all of tine r,�es Tex � arise under
the undersgned hereby releasear,Tciossesr��tha�dmayltle Company
C1OS A. ,o, at,u onsibilities for y
fror;i arty liability or re..p
the terc,,s of the Deed of Trus-u. stater:,ents
used or, the settler,:ent figures
understood that the figuresare the most accurate figures
Prepared by Texas American Title CorapanY the loan balance and tax fig
a,�a tha.. the lender concerned
available e at the time of closing
authorities having jurisdiction over the said property.
used were furnished
file said title coc+,pan} gent statement is hereby
and/or tile taxing. aut arcs shown thereon
Receipt and examination
sinneeduherebyracceptslthe figures from any
acknowied;;ed and the ures, the
Title Cor+npan
and releases Texas Ar;:erican °1. such fie;
as bung correct accuracy
resror:sibiiity in connection: with file
' on5 1riVU1VCd, al;G ti:e disburse:.ients in connecti0:, tiieret,iti�•
pror�tl
In the event that the figures used by Texas American Title Company to
calculate amounts to be paid out of the funding of this transaction are
hereinafter found to be insufficient, the undersigned hereby authorizes
Texas American Title Company to collect from the undersigned any additional
sums owed by the undersigned therefore. Such amount shall be deducted from
the balance held by the said title company for the account of the
undersigned, or if no such balance is currently held, the undersigned shall
forthwitri pay such ai;,ount to Texas Ar,jerican Title Company upon request.
This aff idaviL is made in connection, with and as an inducement to the
above referenced transaction and it is recognized that the other parties
thereto (lnc l udinf, the said title cor„pally) are and shall be autliorizeo to
rely upon trig I.;atcers contained herein. The undersigned hereby swears'
that tl,e foregoing inforti,ation is true anu correct in all respeCtS.
CITY OF Fi;IiI:DSi:00D
i
may. EVELYN N.,:ijA:.
lts: ,:." 10Yi
Si' :i. . i �U SCRIUED EEF0RE I;c , thi s the Z
Notary Public in an for
The State of T E X Ag S
THE STATE OF TE..AS
COUNTY OF GALVESTO1
BEFORE i;E, the undersigned authority, on this day personally appeared
EVELYId INI idi-;'.i;! the iiAYOR of CITY OF FRI IDSi:00D known to me to be tr,e person
whose na:,;e is subscribed to the foregoing instrument and acknowiedgeu to me
that she executed the saL%.e for the purposes and consideration therein
expresed, and as the act and deed of said corporation.
VEI; UI1DER I,Y HAI D AI;D SEAL
10
OF OFFICE this L da of
: lot4rf '}dub. is in and for
TiAe-_Stat;e of T E n A S
NOTICE
The real property, described below, which you are about to pure:: is
located in the CLEAR CREEK DRAINAGE District. The district has .cuing
authority separate from any other taxing authority, and may, sub E-:Z to
voter approval, issue an unlimited amount of bonds and levy an u •1_: ited
rate of tax in payiaent of such bonus. As of this date, the rate c . -xes
levied by tales dis.-rice on real property located in tfie district is %� . on
each ,,100.00 of assessed valuation. If the district has not yet ied
taxes, tide nost recent projected rate of debt service tax, as of t" z_ce,
is _;,lA on each :,100.00 of Gssesset valuation. The total ailiourit C: _Cila
llhict: t1a3 beet: approvcu cy tie voters and wi-hell have been or i::i y , a: �..is
date, be issued is 4)99,960,000.00, and the agre,,ate initial
ai.,ounLs of all bonds issued for one or more of the specified faci_:�_- of
the district and payable in whole or in part frog. property ta;;__ is
.fib G, oJ�'°5, 000.00.
The district has the authority to adopt and i►apose a standby fee on
property in the district that has water, sewer, sanitary, or drEi age
facilities and services available but not connected and which does ncc: have
a house, building, or other improvement located thereon and doe_ not
substantially utilize the utility capacity available to the property. The
district may exercise the authority without holding an election zn the
matter. As of this date, the amount of the standby fee is NOT AV=__.:JLE.
An unpaid standby fee is a personal obligation of the person that own;-- the
property at the time of imposition and is secured by a lien c. the
property. Any person may request a certificate from the district
the amount, if any, of unpaid standby fees on a tract of property the
district.
The purpose of this district is to provide water, sewer, drair,a-�, or
flood control facilities and services within the district thrc::1=. the
issuance of bonds payable in whole or in part from property taxes. The
cost of these utility facilities is not included in th,e purchase pr:C= of
your property, and these utility facilities are owned or to be ownec t the
district. The legal description of the property which you are acquir: is
as follows:
0.3687 ACRE OF LAND, 1ORE OR LESS, OUT OF A CALLED 0.i4823 ACRL = OF
THE ARAH MCKISSICK LEAGUE, ABSTRACT 1 51 , CONVEYED BY DEED FROM F Y. V.
KLIESING TO JEANNETTE GOLART, AS RECORDED IN VOLUME 2662, PAGE 47 THE
DEZD RECORDS OF GALVESTON COUNTY, TEXAS, AID PARTLY OUT OF RESERVE _-:' OF
POLLY RANCH ESTATES, A SUBDIVISION IN GALVESTON COUNTY ACCORDII:G TO T_ - MAP
OR PLAT THEREOF IN VOLUIiE 15, PAGE 14 i•,AP RECORDS OF GALVESTO: _';TY,
TEXAS, AND SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES Ai:-L, �� iIdDS
ON EXHIBIT "A" ATTACHED HERETO AND i-iADE A PART HEREOF.
Executed this the 25th day of AUGUST, 1992.
JEANi ETTE GOT i T ler
==Lr
PURCHASER IS ADVISED
THAT THE INFORI•iATIOi:
S OIdN 0E THIS FORH
IS
SUBJECT TO CHANGE BY THE
DISTRICT AT AI'Y TIE1.
HE DISTRICT ROUTINELY
ESTABLISHES TAX RATES DURING
THE EOIN+THS OF SEPTI
: THROUGH DECEI BER
OF
EACH YEAR, EFFECTIVE FOR THE
YEAR Ih WHICH THE T
:°: RATES ARE APPROVED
BY
THE DISTRICT. PURCHASER IS
ADVISED TO CONTACT T
DISTRICT TO DETERMINE
THE STATUS OF ANY CURREi'T
OR PROPOSED C1IAIIGES T_'
:.-.E II FORr;AT1'011 SHO11
Oi:
THIS FORi�i.
The undersiLned purchaser iiereby acknov.,ledges receipt of the foreEoinL
notice at or prior to execution of a binding con:.:-_ct for the purchase of
the real property described in such notice Cr ct closing; of the real
property.
Executed this tiie 25-uh day of AUGUST, 1992.
STATE OF TEXAS
COU14TY OF
CITY OF FRIEi:DSI;O:�::
I y :
EVELYN
1 AYOR
:C
T.
jam, /.'�!� , r:�Y✓
EWHAN,
This instrument was acknowledged before me on
1992, by JEAi'NETTE GOLART.
STATE OF TEXAS z
COL' 11TY OF �� liars fDy2
Purchaser
111otary Public in ar.c for The State of Texas
This instrument was acknowledged before
1 992, by EVELY14 IIEVNIAN, MAYOR, 1.1 R / _f CITY 0
_
Notar-Y P.0 "'ic
DISCLAIMER
e on
:.=�I:DSI•IOOD.
for The State of Texas
I
THE EI:U1•1ERATION OF THE DIFFERE11T SERVICES I"-- FACILITES THE DISTRICT
DOES On MAY PROVIDE DOES NOT CONSTITUTE A I;ARRA?;:: REPRESENTATION BY THE
SELLER, OF, THE SELLER'S HEIRS, REPRESEI'TATIVE-E, tGEI:TS, SUCCESSORS, OF;
ASSIGNS, THAT THE PURPOSE OF THE DISTRICT IS TO -- .JVIDE SUCH SERVICES OR
FACILITIES OR THAT THE DISTRICT DOES IN FACT i ._JVIDE SUCH SERVICES OF
FI.CILITIEa. IF TEE PURPOSE OF T1IC DISTRICT IS PROVIDE OI'E OR MORE OF
TI;'L EI:Ui:IRr:TED SERVICES 0I1 FACILITIES, Or; IF :'A CT Trill.F. DISTRICT DOES
PROVIDE 01.L_ OR MORE OF THE ENUMERATED SERVICES, _ ENTHIS NOTICE IS NOT
INTENDED AND SHALL NOT COfISTITUTE ANY I'ARRAIITY OR ?.=?RESENTATION AS TO THE
TYPE, QUALITY, OR NATURE OF SUCH SERVICES OR FACI_I=IES.
EXHIBIT "A"
DESCRIPTION
Of 0.3687 acres of land being a portion of a called 0.4623 acre
tract conveyed by deed dated February 20, 1976 front Raymond V.
Kliesing to Jeannette Golart, as recorded in Volume 2661, Page 47
of the Deed Records of Galveston County, Texas, also being a
portion of Reserve "K" of the Replat of Polly Ranch Estates, as
recorded in Volume 15, Page 4 of the Map Records of Galveston
County, Texas, and being situated in the Sarah McKissick League,
Abstract No. 151, Galveston County, Texas, said 0.3687 acres of
and bounds as
lan being c.,re particularly described by metes
fo:_ows.
COMMENCING at the intersection of the northeasterly line of F.M.
516 (based on a 140.00 foot wide Right -Of -Way) with the south-
easterly line of said Sarah McKissick League, as monumented and
occupied;
THENCE North 25'26152" West along said Right -Of -Way a distance of
on pi
ndetheto a PLACE/OF1nch BEGINNINGnofedtherhereipnefor e
south
described corner
and
cor
THENCE North 25'26152" West continuing along said Right -Of -Way at
a distance of 48.86 feet passing the southeasterly line of said
Reserve "K" and continuing for a total distance of 154.28 (called
152.39 feet) to a 5/8 inch iron rod set for corner;
THENCE North 36*53100" East along the northwesterly line of said
0.4823 acre tract a distance of 81.79 feet to a 3/8 inch iron rod
found;
THENCE South 46'16'00" East a distance of 153.96 feet (called
152.85 feet) to a 3/8 inch iron rod found for corner;
THENCE South 43'44'00" West along a line parallel to the south-
easterly line of said Sarah McKissick League, a distance of
136.04 feet (called 13*.94 feet) to the PLACE OF BEGINNING of the
herein described tract and containing within these calls 16,060
scuare feet or 0.3687 acres of land.
MAINTENANCE INFORMATION SERVICES, INC.
9301 Southwest Freeway
Suite 455
Houston, Texas 77074
(713) 270-0786
0ttx (miff iratr
TITLE COMPANY CERTIFICATE NO.
Texas American Title Company 92-
G.F. NO ORDER NO
875-92-1014 DYR 4645
BUYER PROPERTY ADDRESS
Ronald D. Russell 3115 Carter STreet
MAINTENANCE INFORMATION SERVICES. INC guarantees the status of this report as herdin stated However, this certificate does not guarantee cha- _ee - tax amounts or tax
payment status resulting from the following Tax roll supplements/changes. refunds or transfer of payments, changes in land use. ownership or exe-pt
DISTRICT
COLLECTION DISTRICT NAME
TAX ACCOUNT NUMBER
YEAR
AMO'�'.-
STATUS
Assessed
County
er:Mildred Mac Neely
Harris
064-011-000-0132
16650-029412
1991
1991
Exempt
Exempt
OVER
65
OVER
65
City
Pasadena
School
Deer Park
064-011-000-0132
1991
Exeru-?t
OVER
6
Maintenanc
- NONE (PLEASE ADVISE
THE UNDERSIGNED OF
ANY
ISCREPANCY)
TAX DESCRIPTION East 15' of Lot 132 & West 40' of Lot 133, Deepwater
C A D Value29,100 W/Homes tead /Over 65 DELINQUENT TAXES
DISTRICT
TAX ACCOUNT NUMBER OR DESCRIPTION
YEAR FOR WHICH
TAXES ARE DUE
AMOUNT OF TAX
AMOUNT TO R-EDEEM
THRU
NOTE: Confirm
that the seller is eligible
for over
65 exem
tions for 1991.
MA T ANCE IN ORMA�T"I�RV, Z=S IDnTEJune 2, 1992 FEE $64.95(,G, j
DESCRIPTION
Of 0.3687 acres of land being a portion of a called 0.4823 acre
tract conveyed by deed dated February 20, 1976 from Raymond V.
Kliesing to Jeannette Golart, as recorded in Volume 2661, Page 47
of the Deed Records of Galveston County, Texas, also being a
portion of Reserve "K" of the Replat of Polly Ranch Estates, as
recorded in Volume 15, Page 4 of the Map Records of Galveston
County, Texas, and being situated in the Sarah McKissick League,
Abstract No. 151, Galveston County, Texas, said 0.3687 acres of
land being more particularly described by metes and bounds as
follows:
COMMENCING at the intersection of the northeasterly line of F.M.
518 (based on a 140.00 foot wide Right -Of -Way) with the south-
easterly line of said Sarah McKissick League, as monumented and
occupied;
THENCE North 25*26152" West along said Right -Of -way a distance of
258.49 feet to a 3/4 inch galvanized iron pipe for the south
corner and the PLACE OF BEGINNING of the herein described tract;
THENCE North 25*26152" West continuing along said Right -Of -Way at
a distance of 48.86 feet passing the southeasterly line of said
Reserve "K" and continuing for a total distance of 154.28 (called
152.39 feet) to a 5/8 inch iron rod set for corner;
THENCE North 36*53100" East along the northwesterly line of said
0.4823 acre tract a distance of 81.79 feet to a 3/8 inch iron rod
found;
THENCE South 46*16100" East a distance of 153.96 feet (called
152.85 feet) to a 3/8 inch iron rod found for corner;
THENCE South 43'44100" West along a line parallel to the south-
easterly line of said Sarah McKissick League, a distance of
136.04 feet (called 135.94 feet) to the PLACE OF BEGINNING of the
herein described tract and containing within these calls 16,060
square feet or 0.3687 acres of land.
WITNESS MY HAND AND SEAL THIS THE 13TH DAY OF AUGUST, 1992.
REVISED AUGUST 24, 1992
BILLY B,/FOS;T-ER
Registered Professional Land Surveyor No. 1609
BILLY R. FOSTER & ASSOCIATES SURVEYING, INC.
3425 Federal Street
Pasadena, Texas 77504
Phone No.: (713) 941-0070
Job No.: 0892130
WS5/92FILES/92130
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