HomeMy WebLinkAboutLake Friendswood Park - Special Warranty Deed - Texas Parks & Recreation Foundation, Inc. 9316733
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008-86- 1019
SPECIAL
WARRANTY DEED
GF# 93020166
Date:
April 27, 1993
Grantor:
TEXAS PARKS AND RECREATION FOUNDATION, INC., a nonprofit corporation
Grantor's Mailing address (including county):
P. O. Box 830309, County,
Richardson, Texas 75083-0309
Grantee:
CITY OF FRIENDSWOOD
Grantee's Mailing Address (including county):
109 East Willowick, Galveston County,
Friendswood, Texas 77546
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration
Property (including any improvements):
SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
Reservations from and exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to the following matters, to the extent
same are in effect at this time; Easements, rights-of-way, and prescriptive rights, concerning
the property, of record. All presently recorded restrictions, reservations, covenants,
conditions, oil and gas leases, mineral severances, and other instruments, that affect the
property. All zoning laws, regulations and ordinances of municipal and/or other
governmental authorities, if any, but only to the extent they are still in effect relating to the
hereinabove described property.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances
thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators,
successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors,
administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same
or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the
claim is by,through or under Grantor, but not otherwise.
4'
008- 86- 1020
Except for the warranty of title set forth above, Grantor expressly disclaims all warranties of any nature, kind or
character whatsoever, express or implied, regarding the physical and environmental condition of the property or
the improvements on the property, including,without limitation, any warranties of habitability, merchantability
or fitness for a particular purpose, and Grantee accepts such property and improvements as an "as is -- where
is"condition, with all faults.
When the context requires, singular nouns and pronouns include the plural.
TEXAS PARKS AND RECREATION
FOUNDATION, INC., A nonprofit
corporation
By: ( _
Name Al J• on
Title Secretary/ reasurer
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on the a 7 day ofQ ,l99 3 ,
by Al Johnson , Secretary/Treasurer
of
a Texas non—prof it corporation, on behalf of said corporation.
Oir\cuat,m3L,
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
I
•:`"" `' . CHARLENE HRNA
+ ';4 NOTARY PuBi•1C
AFTER RECORDING RETURN TO: °i ;d'' STATE OF TEXAS
al..• COAdMISSION EXPIRES 03-23-97
City of Friendswood ��OO°°°°°°°°°°°°��0000
109 E. Willowick
Friendswood, Texas 77546
Attention: John Branson
J 6 EXHIBIT "A"
L8- 86- 1021
GF. NO. 93020166
All that certain 45.906 acre tract of land being out of and a part of
the Slones Second Subdivision, a subdivision in the John Dickinson
League, Abstract No. 9, Galveston County, Texas, a plat of said
subdivision being recorded in Volume 254-A, Pages 12 and 15, in the
office of the County Clerk of Galveston County, Texas, said 45.906 acre
tract being comprised of the Eastern Three Fourths (3/4ths) of Lot
Fifty-six (56) , and all of Lots Fifty-seven (57) through Sixty-five (65)
of said referenced Slones Second Subdivision, and as said 45.906 acre
tract is described in Deed recorded in Book 2621, Page 278 et. seq. , of
the Deed Records of Galveston County, Texas.
i ILE t FOR RECORD
STATE OF TEXAS COUNTY OF GALVESTON
I hereby certify that this instrument was filed
4� ` on the date and time stamped hereon by me and
c# was duly recorded in the Official Public Records
itjN;GA`_VEST =,:.; ;i: tTEXAS `;i--,clPropertyofGalvestonCounyTexas,on
APR 2 8 1993
c!'i, o:: 9� 4.
.< I. . Klisi.d4a.e.,
.4 COUNTY CLERK
`.Z.1,u'-- GALVESTON CO., TEXAS
HOUSTON
TITLE since 1892
•'. I 114 * *
f
* HOUSTON TITLE
* COMPANY
416 Friendswood Dr.
Suite 113A
Friendswood,Texas 77546
(713)996-8839
(713)996-0384 FAX
Home Office:Minneapolis,Minnesota 5540 1-24 99
May 10, 1993
City of Friendswood
109 East Willowick
Friendswood, Texas 77546
Attention: John •Branson
Re: GF# 93020166
Purchase from Texas Parks
Dear Mr. Branson:
Enclosed is your Owner's Policy of Title Insurance insuring the
title to the property recently acquired by you.
This Company has a complete and permanent file on the property and
can give you prompt and efficient service if needed in the future.
Your Deed to the property has been filed in the office of the
County Clerk in which your property is situated in and will be
returned to you under separate cover.
If the taxes for the current year were not due at the time of
closing your transaction, and are not to be paid through an escrow
account with your lending institution, such taxes should be paid
before the end of the year, and you should make certain that the
property is assessed in your name for the following year.
It has been a pleasure being of service to you!
Very Truly Yours,
HOUSTON TITLE COMPANY
CANO.YLUALSL.,
Charlene Hrna-Morreale
Escrow Officer
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9135047 ;)07-77-2672 I:,
DEED WITHOUT WARRANTY
DATE: September ' ' , 1991
GRANTORS: Elizabeth 1.. Whiteford,
Lewis Letzerich,Jr.and
Edwin N.Lctzerich
GRANTORS MAILING ADDRESS(ES) (Including County): 1J
Elizabeth L.Whiteford ';
Lewis Letzerich,Jr.
Edwin N. Letzerich t.
5711 Indian Circle 1..
Harris County ,
• Houston.Texas 77057
GRANTEE: Daniel A.Tostado,and wife,Carmen B.Tostado
GRANTEE'S MAIUNG ADDRESS(Including County):
Daniel A.and Carmen B.Tostado
2609 South Friendswood Drive '
Galveston County '
Fricndswood,Texas 77546 •
CONSIDERATION:
(1) Ten Dollars($10.00)and other good and valuable consideration,the receipt
•
and sufficiency of which is hereby acknowledged paid in hand by Grantee. ,
(2) Liability for all ad valorem property taxes,whether delinquent,presently duo '
and payable,or to become due and/or payable,including without limitation,all 1991 taxes
on the herein described Property. ' -PROPERTY (Including any improvements):
Part of Lots 1 and 2 in Block 27,Division*A;*Oalveston-Houston Interurban
Land Company's Subdivision, in Galveston County,Texas, according to the
map thereof recorded in Volume 254-A,Page 20,in the officer
of described by
nty
Clerk of Galveston County,Texas,and being more particularly
metes and bounds in Exhibit'A'attached hereto and made a part hereof for
all purposes,the same as if fully sct forth herein. •
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: -
Title to the Property herein described in Exhibit"A,and Grantors'warranties herein.
are subject to all exceptions,restrictions,conditions,reservations and encumbrances(all of which are collectively referred to herein,from time to time,as the'Permitted Exceptions') •v
that are described in Exhibit'B;which is attached hereto and made a part hereof for all
purposes,the same as if fully set forth herein.
Grantors, for and in consideration of and subject to the reservations from and
exceptions to this conveyance. conveys to Grantee the Property, together with all and
singular the rights and appurtenances therein In any wise belonging,to have and hold unto
Grantee,Grantee's heirs,executors.administrators.successors or assigns forever provided,
however that the said conveyance by Grantors to Grantee is made without express or
implied warranty,and all warranties that might arise by common law and the warranties in
Section 5.023 of the Texas Property Code(or its successor)arc excluded,including,without
• 'pry . '1.••• f • '':JI k c'{�' r.V... �YWF► `r. •
dam^ ,
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0v7-77-267:3 :'
limitation, any expressed or implied warranty in any way relating to the description of the •
q Property as set forth in Exhibit"A"attached hereto;and excluding any expressed or implied
warranty of right, title or interest to the Property in the event it is determined that the
description of the Property set forth in Exhibit"A"attached hereto is not a valid or legal
description of the Property Grantors intend to convey and Grantee intends to receive by this
Deed. Grantee hereby waives any claim or cause of action against Grantors by reason of
• any defect in the Property description or in the title to the Property caused by the •
• description of the Property. Grantee holds Grantors harmless from any claims and causes
of action by any other person(s)to whom Grantee transfers any legal or equitable right,title
or interest in the Property as described in Exhibit"A"attached hereto.
•
When the context requires,singular nouns and pronouns include the plural.
GRANTORS& ,i;
►
_
•
eic n [«:L1 ��17. 7��ELIZABETH L Wli.E"(
F D
I'
LEWIS RI ,J
'ED N N. 1 ICH ti
STATE OF TEXAS f •
I
COUNTY OF HARRIS I •
BEFORE ME,the undersigned authority,on this day personally appeared Elizabeth
L Whiteford known to me to be the person whose name is subscribed to the foregoing •
instrument, and acknowledge to me that she executed the same for the purposes and ,1
consideration therein expressed. t,.
t•,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 39 y of •
<a jr,+a- -. 1991. ///
aECKY CARROLL Notary Public and for
•*• Notary u UAW a Taw the State of Texas
Commission Expiration:
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,' — •
•
•
007-77-2674
• STATE OF TEXAS
S
• COUNTY OF HARRIS S 1
• BEFORE ME, the undersigned authority, on this day personally appeared Lewis
Letzcrich, Jr. known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledge to me that he executed the same for the purposes and
• consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this •otdit,day of
.1991. (jn
60MNA16AbMNA11.wM.U1b
Notary Publlen and for
BECKYhWe.C4iRGGROLLotTur
the State of Texa•
s
Nopry
ra• W Cosisituita t■puu 12jta04 j
w•ouaunaltwtllt iVVVVl VVVV Commission Expiration:
STATE OF TEXAS !
S
COUNTY OF HARRIS f
BEFORE ME,the undersigned authority,on this day personally appeared Edwin N.
Letzerlch known to me to be the person whose name is subscribed to the foregoing •
instrument, and acknowledge to me that he executed the same for the purposes and
consideration therein expressed. �p
GIVEN UNDER MY HAND AND SEAL OF OFFICE this fie'='flay of
. 1991.
�aaa
•
/77 BECKY CARROd No�f�in and for
'� J Noury►u0Y1,tGG o Tar the State of Texas
r u,riofNrloo tipirr 11♦W9l '�',
•����brrrrrrllb�•IIN�f��
Commission Expiration:
Upon Recording Return Tot •
f
Daniel A.Toatado
2609 South Friendawood Drive
Friendawood,Texas 77546
•
Dac/Dusrao/DEI3Dwottr.wAR
-3-
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Lt
• ; ce
•
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f MIDIS "A"
H7-71-2675
CORRECT DESCRIPTION OF PROPERTY: �'.
Port of Lots 1 and 2 in Block 27, Division 'A', '
Galveston-Houston Interurban Land Company's Subdivision, in '
• Galveston County, Texas, according to the map thereof recorded !..
in Volume 254-A, Page 20, in the office of the County Clerk of
i
Galveston County, Texas, and being more porticularly described
by metes and bounds as follows:
BEGINNING at the point of intersection of the West lino of Lot
1, Block 27 of Division 'A' of ,the Subdivision of the property
•
of the Oalveston-Houston Interurban Land Company of Houston,
Texas, according to plot of sold Subdivision made by S. J. Maas, ' •
Civil Engindated
, said
8ubdivisioneer plot being8. yof/record ingust Map Book1, 911 Volume 254-A, Page
20, in the office'of. the County Clerk of Galveston County, G
Texas, with o'fence•;.bearing North 87 deg. 52 min. 12 sec., East • ..
at which aL1•'1/4 inch'.pipe is set in fence, being the most
Westerly Northwest corner of that certain tract of land out of t
the John Dickson League and parts of Sections 2 and 3 of I. & 0. .
N. R.R. Co., Surveys, in Galveston County, Texas, described in
Exhibit 'A' to and awarded to Grantor in that certain partition
deed by and between Grantor and James Bute, III, et ol, dated `
January 23, 1962, .of record in Volume 1319, Pages 396-409,
inclusive, of the'Deed Records of Galveston County, Texas;
THENCE North 0 deg, 21 min, West, a distance of 294.5 feet a 1
1/2 inch pipei_an4, cedar post for Northwest corner of Lot 1,
Block 27 of sa .d;Iiyision 'A•; •
THENCE North 88 deg. 48 min. East, a distance of 894.7 feet
pipe in County Road to Algoa; o
set
THENCE North as•deg,.50;min. East to a 2 inch H-Beam in the
Southeasterl0fence,7line of said County Road to Algona
THENCE'Bout : 4.djy/ 'A91:min.. 40;sec'., West along said
Southeasterly feRce 'lLn1;of said road, a distance of 365.65 feet • '
to fence .corpertAn Lot; 2, •Bloc•k 27•of said Division 'A'!
Q THENCE 8outh7417d,Q.'•r52 min. 12 sec., West with said fence line,
.44
a dittance of211 1 eet to a fence corner in the Wei line_at__
Lot 1, Block 27 of said Division 'A' and being the Southeasterly
fence line of said County Rood to Alga(' to PLACE OF BEGINNING; �'
.
SAVE AND EXCEPT therefrom all' that portion thereof lying within 3
roadways.
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EXHIBIT "B"
0U7- 77-2676
EASEMENTS AND RIGHTS OF WAY: •
Except to roads and ditch as shown on purvey prepared by Jeffrey
R. Duffy. dated November 30, 1977.
MINERALS AND/OR, ROYALTIES: I~
A reservation of 1/32nds of 8/Dths royalty
underterestth i in maydbto
the oil, gas and other minerals on,produced from the subject property is excepted herefrom as the t
some is set forth in instrument recorded in Volume 1365, Page
203, in the office of the County Clerk of Galveston County,
Ir
Texas.
A reservation of 1/32nds of S/Dths royalty interest inmandbto 1j
• the oil, gas and other minerals on.
• produced from the subject property is excepted herefrom as the , ,
same is set-forth in instrument recorded in Volume 1729, Page d
553, in•the office',of the,County Clerk of Galveston County.
• Texas. �.,
rest in
nd to the
andeother%minerals/on. in, under iorethat may abe produced from
as from
the subject property is,!xcepted herefrom as the some is set 1r
forth nofficeiofinstumenttherCountyrClerk ofecorded `n Volume GalvestonlCounty, Texas in the,
OTHER EXCEPTIONS% .�;,•
Unrecorded lease to Sand. Inc., as per transfer to W. R. Flora &
Sons, Inc., 'of record in Volume 323S, Page 756, in the office '
Texas.
of the County Clerk'oP,,Oalveston County, ,.I, '
Ilf
Oil, gas and mineral le• ase• to J. T. tiac667.of reth cordin one Volume
e aj
1550. Page 97t':nnd'in;Volume 1560,
Page of the County'Clerk of Galveston County, Texas. Title to said V`,,,
lease not -checked subsequent:todote-.of said instrument. _�__•,
,,? Any and all discrepancies between the Property description sot forth in Exhibit'A'
hereto and the Property description shown on that certain Survey dated Juaa,1991,
and accompanying Field Notes set forth in Exhibit'C attached hereto and made •_''
a part hereof,taken by Steve D.Adams, State of Texas,Registered Professional
Land Surveyor No.3666.
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EXHIBIT „C" 77-2677
r 4y LIEI D Iialn
LA
• 5.452 ACRES OF LAND (CALLED 5.36 ACRES), BEING A PART OF THE
. I i 0 N R.R. COMPANY SURVEY, SECTION 3, ABSTRACT 614, 1 .
GALVESTON COUNTY, TEXAS, AND BEING A PART OF THE ORIGINAL
GALVESTON-HOUSTON INTERURBAN LAND COMPANY SUBDIVISION,
DIVISION "A" AND ALSO BEING THAT SAME TRACT OF LAND DESCRIBED
AS TRACT 2 IN A DEED RECORDED IN VOLUME 2621, PAGE 279, IN ;
THE OFFICE OF THE COUNTY CLERK OF GALVESTON COUNTY, TEXAS, ti .
SAID 5.452 ACRES BEING MORE PARTICULARLY DESCRIBED AS li
•
. FOLLOWS: •
BEGINNING at a 2" iron pipe set in a fence line, said point
being located North 88 deg. 14 min. East - 309.0 feet, South !
- 64.51 feet, and North 87 deg. 41 min. 25 sea. East - 114.54
• feat from an old stone found in the South line of eloan's 2nd
Subdivision and called for in a Deed from A. D. Dyes* to Otto •
Letsorich as recorded in the Office of the County Clerk of '.
Galveston County, Texas;
THENCE North, at 64.85 feet seta 1" iron pipe, at 95.19 feet
set a 2" iron pipe, at 105.01 feet pass the edge of a lake,
and continue for a total distance of 297.16 feet to a point
for corner in the South line of the John Dickinson League, .
Abstract 9, and the North line of the I i 0 N R.R. Company :.
Survey, Section 3, Abstract 614;
•t
THENCE North 88 deg. 22 min. 01 sec. East, along the common . •
line of said Surveys, at 757.17 feet pass the edge of a lake,
at 770.83 feet pass a 2" iron pipe, at 839.74 feet pass a 2" '.
iron pipe, and continue for a total distance of 914.21 feet
r to a 2" iron pipe set over a 3/4" iron pipe in the Southeast
line of a fence;
THENCE South 34 deg. 37 min. 32 sea. West, along said fence,
- a distance of 357.97 feet to an iron pipe found for corner; '
• THENCE South 87 deg. 41 min. 25 sec. West, along a fence, a • :..4.
i distance of 711.0 feet to the PLACE 0E BEGINNING and .tl.% .
containing 5.452 acres of land, which includes 2.658 acres ?o.
outside of a lake and 2.794 acres within the bounds of a • .` '
lake. A.
• ,
a
FILED FOR RECORD
•
9IOCT-2 PMpiO
"""4"C�ppt��yT1�,`�E��"�" ►iAT[O�T[XfAyS COUvasNTY 01 GALVaOTON li
aALY[Si011 COtp XAl on tM dsoy.rw�IkM i� pad insuumentA«.on by nw ana V,
a•
duty operas U Ow.*C Public*Tema.on .+
Properly a Galveston
OCT f 1991 :,
41
* GALYESTOH CO..TEXAS
k.
THE STATE OF TEXAS
County of Galveston
I, JESSIE G. KIRKENDALL, County Clerk, in and for
Galveston County, State of Texas, do hereby CERTIFY• that the
above and foregoing is a true and correct copy of DEED WITHOUT
WARRANTY
GRANTOR: ELIZABETH L. WHITEFORD, ET AL
GRANTEE: DANIEL A. TOSTADO AND WIFE, CARMEN B. TOSTADO
as the same appears of record in my office, in the Official
Public Records of Real Property having Microfilm
Identification Number 007-77-2672 through Microfilm
Identification Number 007-77-2677 INCL.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the impress of the official seal of said County
Court, at my office, in the City and County of Galveston,
State of Texas, on this the 10TH day of
JUNE A. D. , 19 93 .
JESSIE .G. KIRKENDALL,
County Clerk, in and for
Galveston County, Texas.
;;?2Z4g) Deputy
PI/MILLER
51.V.-.'. P_VFL.YN mNeVtAAN
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ti•OM MANISON
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FAX TRANSMISSION
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IF YOU DO NOT it d.:P I VE 1■ I. OF 11LE PAGES. PLEASE CONTACT MY OFFXGE
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TRANSMISSION REPORT
THIS DOCUMENT WAS CONFIRMED
( REDUCED SAMPLE ABOVE - SEE DETAILS BELOW )
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TOTAL PAGES CONFIRMED : 8
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*
HOUSTON TITLE
COMPANY
416 Friendswood Dr.
Suite 113A
Friendswood,Texas 77546
(713)996-8839
(713)996-0384 FAX
Home Office:Minneapolis,Minnesota 55401-2499
May 10, 1993
City of Friendswood
109 East Willowick
Friendswood, Texas 77546
Attention: John Branson
Re: GF# 93020166
Purchase from Texas Parks
Dear Mr. Branson:
Enclosed is your Owner' s Policy of Title Insurance insuring the
title to the property recently acquired by you.
This Company has a complete and permanent file on the property and
can give you prompt and efficient service if needed in the future.
Your Deed to the property has been filed in the office of the
County Clerk in which your property is situated in and will be
returned to you under separate cover.
If the taxes for the current year were not due at the time of
closing your transaction, and are not to be paid through an escrow
account with your lending institution, such taxes should be paid
before the end of the year, and you should make certain that the
property is assessed in your name for the following year.
It has been a pleasure being of service to you!
Very Truly Yours,
HOUSTON TITLE COMPANY
ac0\--Q
Charlene Hrna-Morreale
Escrow Officer
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HOUSTON TITLE
I*
COMPANY
416 Friendswood Dr.
Suite 113A
Friendswood,Texas 77546
(713)996-8839
(713)996-0384 FAX
Home Office:Minneapolis,Minnesota 55401-2499
May 10, 1993
City of Friendswood
109 East Willowick
Friendswood, Texas 77546
Attention: John Branson
Re: GF# 93020166
Purchase from Texas Parks
Dear Mr. Branson:
Enclosed is your Owner' s Policy of Title Insurance insuring the
title to the property recently acquired by you.
This Company has a complete and permanent file on the property and
can give you prompt and efficient service if needed in the future.
Your Deed to the property has been filed in the office of the
County Clerk in which your property is situated in and will be
returned to you under separate cover.
If the taxes for the current year were not due at the time of
closing your transaction, and are not to be paid through an escrow
account with your lending institution, such taxes should be paid
before the end of the year, and you should make certain that the
property is assessed in your name for the following year.
It has been a pleasure being of service to you!
L
Very Truly Yours,
HOUSTON TITLE COMPANY
CANCL) .-Q/A01/4-SL,
Charlene Hrna-Morreale
Escrow Officer
•
(
CLOSING AGREEMENT
Date:. April 27, 1993
Closing Attorney: Thomas R. Johnson, DBA Houston Title
Seller: Texas Parks and Recreation Foundation, Inc,
Purchaser: City of Friendswood
Property Address:
Brief Legal: 45 acres more or less out of the Slone Second Subd.
metes and bounds, Galveston County, Texas
Mailing Address if other than Property:
Lender: cash
Title Company: Houston Title Company, Friendswood
Legal instruments involved in the above referenced real property
transaction have been prepared by Closing Attorney and the Lender' s
Attorney. The undersigned acknowledge that closing Attorney has
not acted as counsel and has not, in any manner, undertaken to
assist or render legal advice to the undersigned purchaser or
seller with respect to title, to the loan or the purchase of the
real property described above, or with respect to any of the
documents or instruments, being executed in connection with the
loan. The Purchaser and seller further acknowledge that they may
retain his or her own counsel for advice regarding the loan or
purchase of the real property, or to review and render advice
concerning any of the documents or instruments being executed in
connection with the purchase of the above property. Closing
attorney is acting solely as a closing agent. Purchaser is advised
that he or she should have an Abstract covering the property
examined by an attorney of his or her selection, and/or obtain a
title policy.
It is understood that the figures used on the settlement statements
prepared by the Closing Attorney are the most accurate figures
available at the time of closing and that the loan balance and tax
figures used were furnished to the Closing Attorney by the Lender,
Seller, Title Company and/or taxing authorities having Jurisdiction
over the said property. Receipt and examination of the settlement
statement is hereby acknowledged and the undersigned hereby accepts
the figures shown thereon as being correct and releases the Closing
Attorney from any responsibility in connection with the accuracy
of such figures, and the disbursements in connection therewith.
In event that the figures used by Closing Attorney to calculate .
amounts to be paid out of the funding of this transaction are
hereinafter found to be insufficient or erroneous, the undersigned
agrees to adjust for and pay the correct amount to Closing Attorney
upon request.
THE UNDERSIGNED, FOR AND IN CONSIDERATION OF A FAIR AND ACCURATE
CLOSING OF THE PROPERTY AGREE, IF REQUESTED BY CLOSING ATTORNEY,
TO FULLY COOPERATE AND ADJUST FOR CLERICAL ERRORS, ANY OR ALL LOAN
CLOSING DOCUMENTATION ERRORS, LENDER ERRORS, AND ALL TRANSPOSITION
OR OTHER NUMERICAL ERRORS MADE BY ANYONE, INCLUDING CLOSING
ATTORNEY. IT IS UNDERSTOOD THAT TIME IS OF THE ESSENCE TO MAKE
SUCH CORRECTIONS OF ERRORS. CLOSING ATTORNEY AGREES TO ADJUST FOR
ERRORS IN FAVOR OF THE UNDERSIGNED, SHOULD THIS BE NECESSARY.
The undersigned hereby acknowledges receiving and reading a copy
of this statement.
Th ' s a re ent shall survive the closing/sale.
(1\ - , ' f — e
Selle Buyer
Seller Buyer
Broker
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ZNaW3a OV ENISO'I0
SPECIAL
WARRANTY DEED
GF# 93020166
Date:
April 27, 1993
Grantor:
TEXAS PARKS AND RECREATION FOUNDATION, INC., a nonprofit corporation
Grantor's Mailing address (including county):
P. O. Box 830309, County,
Richardson, Texas 75083-0309
Grantee:
CITY OF FRIENDSWOOD
Grantee's Mailing Address (including county):
109 East Willowick, Galveston County,
Friendswood, Texas 77546
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration
Property (including any improvements):
SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
Reservations from and exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to the following matters, to the extent
same are in effect at this time; Easements, rights-of-way, and prescriptive rights, concerning
the property, of record. All presently recorded restrictions, reservations, covenants,
conditions, oil and gas leases, mineral severances, and other instruments, that affect the
property. All zoning laws, regulations and ordinances of municipal and/or other
governmental authorities, if any, but only to the extent they are still in effect relating to the
hereinabove described property.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,
grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances
thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators,
successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors,
administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same
or any part thereof, except as to the reservations from and exceptions to conveyance and warranty, when the
claim is by,through or under Grantor, but not otherwise.
•
•
Except for the warranty of title set forth above, Grantor expressly disclaims all warranties of any nature, kind or
character whatsoever, express or implied, regarding the physical and environmental condition of the property or
the improvements on the property, including, without limitation, any warranties of habitability, merchantability
or fitness for a particular purpose, and Grantee accepts such property and improvements as an "as is -- where
is"condition, with all faults.
When the context requires, singular nouns and pronouns include the plural.
TEXAS PARKS AND RECREATION
FOUNDATION, INC., A nonprofit
corporation
By: W"."-,12-c---"---
Name
Title
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on the a 7 day of apia ,199 3 ,
by
of
a corporation, on behalf of said corporation.
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
AFTER RECORDING RETURN TO:
City of Friendswood
109 E. Willowick
Friendswood, Texas 77546
Attention: John Branson
1
•
• EXHIBIT "A"
GF. NO. 93020166
All that certain 45.906 acre tract of land being out of and a part of
the Slones Second Subdivision, a subdivision in the John Dickinson
League, Abstract No. 9, Galveston County, Texas, a plat of said
subdivision being recorded in Volume 254-A, Pages 12 and 15, in the
office of the County Clerk of Galveston County, Texas, said 45.906 acre
tract being comprised of the Eastern Three Fourths (3/4ths) of Lot
Fifty-six (56) , and all of Lots Fifty-seven (57) through Sixty-five (65)
of said referenced Slones Second Subdivision, and as said 45.906 acre
tract is described in Deed recorded in Book 2621, Page 278 et. seq. , of
the Deed Records of Galveston County, Texas.
HOUSTON
TITLE Since 1892
PURCHASER-BORROWER
Although current tax amounts cannot be ascertained at this time, we accept the figures
shown the Settlement Statement as being correct and release Houston Title Company from
any responsibility in connection with such proration, and further, we acknowledge the
receipt of this Settlement Statement as to Statement of Actual Costs and agree to the
correctness thereof and we authorize and ratify the disbursement of the funds as
stated therein.
We hereby waive inspection by you of such property as referenced above and accept your
policy subject to the rights of parties in possession and those under whom they hold,
if any such are now in possession of the premises upon which you have issued such
policy, and take it upon ourselves to inspect such premises and to obtain possession
thereof from the present occupants.
If this transaction is the assumption of or subject to a mortgage, the purchaser
hereby acknowledges that he is fully aware of all the terms of the Deed of Trust and
has complied with all of the mortgagee's requirements prior to closing, and the
undersigned hereby releases Houston Title Company from any liability or responsibility
of any losses that may arise under the terms of the Deed of Trust.
CITY OF FRIENDSWOOD
By: 67-/ J (.l�t�'K a�
Purchaser 11///1 By:
Purchaser
SWORN to and subscribed before SWORN to and subscribed before
me, thissI the 9,1 day of me, this the day of
, A.D. , 1993. , A.D. , 1993.
Notary Public in and for the Notary Public in and for the
State o f000)M ooOpOO`7 `jOOx"? State of Texas
$oc»
CHARLENE HRNA
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HOUSTON
TITLE Since 1892
HOUSTON TITLE COMPANY
- MAINTENANCE -
NOTICE AND AGREEMENT
GF NUMBER: 93020166
I (WE) , THE UNDERSIGNED, UNDERSTAND AND AGREE THAT THERE IS A MAINTENANCE
CHARGE ASSOCIATED WITH THE RESIDENCE AND LOT LOCATED ON PROPERTY KNOWN AS:
SEE ATTACHED EXHIBIT "A"
*********
AND THAT ANY FUNDS COLLECTED BY HOUSTON TITLE COMPANY IN CONNECTION
WITH PAYMENT OF THIS MAINTENANCE CHARGE, ARE COLLECTED BASED UPON THE
BEST INFORMATION CURRENTLY AVAILABLE TO SAID COMPANY AND IS BEING PAID
PURELY AS A COURTESY AND THAT AN EXCEPTION IS CONTAINED IN MY (OUR)
POLICY OF TITLE INSURANCE WITH REGARD TO THIS MAINTENANCE CHARGE.
DATED: / DAY OF f1_ , 1993.
CITY OF FRIENDSWOOD
By: �oJ�: ✓� %/P��M�^. ���
By:
HOUSTON
TITLE since 1892
THOMAS R. JOHNSON
ATTORNEY & COUNSELOR AT LAW
4►6 cS 9ticncltwood LZt., c.Suttc 113B
JtizncLtwood, 'czar 77546
713-996-0324
TO: Texas Parks & Recreation Foundation, Inc.
City of Friendswood
G.F.NO.: GF# 93020166
DATE: April 27, 1993
SELLER (S): Texas Parks & Recreation
Foundation, Inc.
PURCHASER (S): City of Friendswood
PROPERTY: 45.906acres out of Sloanes 2nd
Subdivision, Galveston County, metes and bounds
ATTORNEY REPRESENTATION
Instruments to accomplish the purchase (or sale) of the subject property involved in the above referenced
transaction have been prepared by the law firm of Thomas R. Johnson. The undersigned acknowledges that
Thomas R. Johnson has not, in any manner, undertaken to assist or render legal advice to the undersigned
with respect to the closing or the purchase (or sale) of the real property described in the documents or
instruments being executed in connection therewith, and further agrees that attorney has made no
representations as to the quality or sufficiency of title. The documents requested to be prepared are as follows:
Warranty Deed
SELLER(S):
0--9.152A/")
PURCHASER(S): l%z-J
DISCLOSURE STATEMENT
- GF NO. 93020166
RE:
SEE ATTACHED EXHIBIT "A"
*********
As you may be aware, it is necessary to collect information from many sources, both
government and private, in order to close a real estate transaction. Much of this
information is in writing. Houston Title relies on the truth and accuracy of such
written information in preparing, closing and insuring real estate transactions.
We plan to issue a title insurance policy in connection with this transaction. The
title insurance policy sets out the title company's responsibilities should a title
problem arise. You should carefully review the policy form to determine your rights
and obligations.
WE THE UNDERSIGNED, BEING THE SELLER AND THE PURCHASER IN THE ABOVE-REFERENCED
TRANSACTION, do hereby indemnify Houston Title Company from any liability for the
completion of the initial escrow account statement that is attached to the HUD-1
settlement statement. We understand that this statement is required in all HUD/FHA
transactions and that Houston Title Company is relying on the truth and accuracy of
information supplied by third parties in ordder to complete the statement. The third
parties may include any one or more of the following:
1) Surveys
2) Surveyor's Certificate
3) Termite Certificate
4) Inspection Reports
5) Loan Payoff Information
6) Tax Statement showing status of advalorem taxes
7) All records of the respective County Clerk and
District Clerk including, but not limited to, those records showing
plat, ownership and rights to real property, liens, lawsuits, and
heirship
8) All records to the local Federal District Court
including, but not limited to, those records showing lawsuits and
bankruptcy proceedings
9) Affidavits of debts and liens
10) Appraisals
11) Contracts of Sale
12) Escrow Instructions
13) Loan Company Instructions
14) Written information supplied by Realtors
We will be happy to let you review such written information at your request.
HOUSTON TITLE COMPANY
ACKNOWLEDGEMENT OF RECEIPT
HOUSTON
TITLE Since 1892
. . 4
I/We understand that Houston Title Company is relying on the truth and accuracy of
written information from other sources in closing and insuring this transaction and
has made no representation to me/us regarding the truth or accuracy of such written
information.
CITY OF FRIENDSWOOD
a 0 DATE: - By: � L� �rti
DATE: By:
TEXAS PARKS AND RECREATION FOUNDATION, INC. , a
nonprofit corporation
DATE: - a 1 -9 3 By: 0Q—
DATE: By:
HOUSTON
TITLE Since 1892
GF. No. 93020166 NOTICE TO PURCHASER
SEE ATTACHED EXHIBIT "A"
Date:
Date: y -ao C 3
TEXAS PARKS AND RECREATION FOUNDATION, INC. , a nonprofit corporation
().„0... 1
By: 01,`-l- �,-
By:
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY
THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE
MONTHS OF SEPTEMBER 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 purchase of the real property.
Date: Li - O- 0 - 9 3
Date:
CITY OF FRIENDSWOOD
4y
BY: _.f G_u.- / C-1--'71�Lti�
By:
STATE OF TEXAS ACKNOWLEDGEMENT
COUNTY OF HARRIS
This instrument was acknowledged before me on the p11) day of ,
1993, by JQL`{ n 1? • Ivew ns A r\ of CITY OF FRIENDSWOOD behalf of
said corporatioh. Q--)(\01 ..)V
Notary Public, State of Texas
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HOUSTON
TITLE Since 1892
Notary's Name (Printed)
Notary's commission expires:
STATE OF TEXAS ACKNOWLEDGEMENT
COUNTY OF HARRIS
This instrument was acknowledged before me on the day of ,
1993, by of on behalf of said corporation.
Notary Public, State of Texas
Notary's Name (Printed)
Notary's commission expires:
STATE OF TEXAS ACKNOWLEDGEMENT
COUNTY OF HARRIS
This instrument was ac owledged before me on the a day ofClia)1AS
1993, by_ CAI of TEXAS PARKS AND RECREATION
FOUNDATION, INC. , a non fit cor oration on behalf of said corporation.
Notary Public, State of Texas
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Notary's Name (Printed) *..i,:••: •• com;,;;s3:0N ir:.:: 03-M-97
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Notary's commission expires:
HOUSTON
TITLE Since 1892
.
STATE OF TEXAS ACKNOWLEDGEMENT
COUNTY OF HARRIS
This instrument was acknowledged before me on the day of
1993, by of on behalf of said corporation.
Notary Public, State of Texas
Notary's Printed Name
Notary's commission expires:
RETURN TO:
HOUSTON
TITLE Since 1892