Loading...
HomeMy WebLinkAboutOld City Park - Deed - FVFD - 1102 WINDING WAY • -' r THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON That the FRIENDSWOOD VULUNTEER FIRE DEPART - MENT, a volunteer association, under the laws of the State of Texas, acting by and through its President , KENNETH M. CAMP, a resident of the County of Galveston and State of Texas , and hereinafter called Grantor, hereby authorizes con - veyance herein as evidenced by a certified copy of such reso - lution of the membership of said FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT, marked " Exhibit A " and attached hereto and made a part hereof, for and in consideration of the sum of TEN AND NO/ 100 ($ 10 . 00) DOLLARS cash in hand paid by the FRIENDSWOO D CHAMBER CF COMMERCE , and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed , has GRANTED , SOLD and CON - VEYED , and by these presents does GRANT , SELL and CONVEY unto the said CHAMBER OF COMMERCE CF FRIENDSWOOD, County of Galveston and State of Texas, and hereinafter called Grantee, all that certain tract or parcel of land lying and being situated in the County of Galveston , State of Texas, and being further described as follows, to -wit : A Two (2) acre strip of land across the North - west end of Lot No . Twelve ( 12) in the HARVEY & STOUT SUBDIVISION of Block No . Five (5), in the FRIENDSWOOD SUBDIVISION out of a part of the J . R . Williams or Sarah McKissick League of land , according to map or plat thereof recorded in the Office of the County Clerk of Galveston County , Texas , together with all improvements thereon situated; said property known as the Friendswood City Park , Friendswood , Texas . - 1 - . TO HAVE AND TO HOLD the above described premises unto the said FRIENDSWOOD CHAMBER OF COMMERCE of Galveston County , Texas , and its successors, so long as a free public park is maintained upon such premises : Provided that no temporary cessation , of not longer than six consecu - tive months , shall be deemed a failure in such respect; and whenever such free public park shall cease to be provided and maintained upon such premises , then and thereupon this conveyance shall be NULL AND VOID and the said land and premises shall absolutely revert to Grantor herein , its suc - cessors and assigns forever; and no act or omission on the part of any members of such organization shall be a waiver of the operation or enforcement of such condition . IN WITN FSS WHEREOF the FRIENDSWOOD VOL - UNTEER FIRE DEPARTMENT aforesaid has caused these presents to be signed by KENNETH M . CAMP, its said President , this the // day of June , A. D . 1964 . FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT BY ��4fv il 4-7.-if KENNETH M. CAMP its President THE STATE OF TEXAS 0 COUNTY OF GALVESTON 1 BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared before me Kenneth M. Camp, Individually and as President of the Friendswood Volunteer Fire Department, known to me to be the person whose name is subscribed to the foregoing instrument, who', being by me duly sworn, upon oath deposes and says that he executed the same for the purposes cnd consideration therein stated and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the J/ day of June, A. D., 1964. 2 / o Notary PLtf5 is in and or G veston2 -c County, Tex. - 2 - / EXHIBIT 11 A II RESOLUTION ON THIS the 2-4.+-ii day of hiazy, A. D . 1964, the FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT of Friendswood, Galveston County , Texas , with a quorum of its membership present , hereby authorizes KENNETH M. CAMP, President, to GRANT, SELL and CONVEY unto the FRIENDSWOOD CHAMBER OF COMMERCE , of Friendswood , Galveston County, Texas, the following described tract or parcel of land lying and being situated in Galveston County , Texas , to -wit : A Two (2) acre strip of land across the North - west end Jf Lot No . Twelve ( 12) in the HARVEY & STOUT SUBDIVISION of Block No . Five (5), in the FRIENDSWOOD SUBDIVISION out of a part of the J . R . Williams or Sarah McKissick League of land , according to map or plat thereof recorded in the Office of the County Clerk of Galveston County , Texas , together with all improvements thereon situated; said property known as the Friendswood City Park , Friendswood , Texas; subject to the provision that if at any time in the future the so said FRIENDSWOOD CHAMBER OF COMMERCE shall cease to provide and maintain a free public park upon said premises, said premises shall revert absolutely to the FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT . I, 4V G% S� C �✓�L'&v�--- 2�— , Secretary of the FRIENDSWOODNTEER FIRE DEPARTMENT, do hereby certify that the above is a true and correct copy of the resolution passed unanimously by the member- ship of the FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT on May 26th, 1964. ‘d/,‘162.-td6-2- ...7:--‘4Z-,"_-2-'2--- Secretary Sworn to and subscribed before me, this // day of June, A. D. 1964, to certify which, witness my hand and sea f of ' e. _ 1 ZL ,[/ Not Public in an 0 alveston County, Tex. THE STATE OF TEXAS COUNTY OF GALVESTON I, JOHN R. PLATTE, County Clerk of Galveston County, State b Texas, do hereby certify that the foregoing instrument of writing, with its certificate. Of, authentication was filed for record in my office on the____1_day of Jane 19 .64 at 8:30 o'clock, A•_M., and recorded on the____1.6_day of sTurie 19__fi4__at1Q:.4Q___o'clock, A M., in Deed Record Book__1_633 Page'_e 314 to 30 incl. WITNESS my hand and Official Seal, at my office, in Galveston, Texas, on the date last above written. JOHN R. PLATTE, County Clerk of Galveston County, Texas By eputy, • THE STATE OF TEXAS I County of GALVESTON In consideration of the payment of indebtedness described in and secured by the liens created by the instruments hereinafter mentioned, the subscriber, as the legal owner and holder of such indebtedness, does hereby release from the operation of the liens thereby created, the real property described in the instruments of record in the office of the County Clerk of GALVESTON County, Texas, as follows, to-wit: Release of VENDOR'S LIEN in Deed From Fay Harvey to Friendswood Chamber of Commerce dated August 17, 1955, and filed for record August 30th, 1955; recorded in book 1115, page 493. It is our intentions to release any and all liens which we hold against the herein described property, as of the date of this instrument; the property being released is described as follows, to wit: Part of Lot 11 of the Harvey & Stout Subdivision of part of Block 11 of the Friendswood Subdivision of a part of the J. R. Williams and Sarah McKissick League of land in Galveston County, Texas. Sa id tract of Land being fully described by metes and bounds in the abovementioned deed. EXECUTED this the / . day of May, 1964 "---C---LP6C2/270-1X)--r\ Cecil Brown, dba BROWN INVESTMENT COMPANY THE STATE OF TEXAS County of GALVESTON Before me, the undersigned authority, on this day personally appeared Cecil Brown, dba, BROWN INVESTMENT COMPANY known to me to be the person whose name i s subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this >2 /- AV, f a Ma , A. D., 19 64,(�F � y • " ' Notary Public in and for Galveston County, Texas. 1 THE STATE OF TEXAS COUNTY OF GI.LVESTON } I, JOHN R. PLATTE, County Clerk of Galveston Countys State of Texas, co hereby Certify that the foregoing instrument of writing, with its Certificate of „athheatication was filed for record in my office on the .......rl...+a..... day of 11;._, ...,.4..17..LI• 3t 19 64 at 9:00 o'clock,..At fit[.,and recorded Db the .......... day of July 19 64 , at 1:05 c�� Poak ....:, .� I� ' Aed of Trust Record Book 1640 page g 532 & 533 ' WiTNESS my hand and Official Seal, at my office in Galveston, lids Let skim written. on the ^, JOHN R. PLATTF3, County Clerk of Galveeton �f . der7.- 67 -- c.) =6 .' 4, . . • W I ,..._ . H F., . _ \w v. .. Ei " C: talt N ... cc c �1 I— ' 6 cern I-, ._1 g '1• ' � a LT., I ® c_ 70 ki W (� � ' \ uaa 0 � 0 e od • TARES: 5. City of Friendswood, Tax Exempt Friendswood Ind. School Dist. Tax Exempt POSSESSION, AREA AND BOUNDARIES: 6. No investigation as to matters of area, boundary lines, conflicts, adverse possession, rights of parties in possession and those under whom they claim, easements not appearing of record, location of improvements or homestead rights has been made and this commitment is issued subject to said matters. If the party in possession is a former owner and has been foreclosed, no policy will be issued until the property is vacated or other arrange- ments satisfactory to the company are made. 7. This commitment is subject to proof of payment of all bills and claims for work performed and material furnished in the above described premises. MISCELLANEOUS: 8. That we be furnished with correction Deed ffom William M. Stout and Fay L. Harvey and Stockholders of Friendswood Oil Company, which appears to be defunct, as deed recorded in Vol. 345, Page 447 and Vol. 345, Page 533, in Galveston County, Texas, being described as in Friendswood Subdivision and not in Harvey & Stout Subdivision. And that we have proof that they are all of the stockholders at the time of defunct. 8a. Chambers of Commerce of Friendswood claims under a Deed from Friendswood Volunteer Fire Department, recorded in Vol. 1633, Page 314, in Galveston County, Texas, who claimed under a Deed from E. D. Altemus, individually and as Trustee, recorded in Vol. 1055, Page 335, in Galveston County, Texas. 8b. Require release of Judgment in Cause #79,627, State of Texas vs. The Friendswood Oil Co., a defunct Corporation. FEES AND DURATION OF COMMITMENT: 9. The undersigned must receive payment of the premium prescribed for this policy by the Board of Insurance Com- missioners, and this commitment shall become null and void upon the issuance of said policy or thirty (30) days from the date hereof, whichever is earlier. MATTERS SUBSEQUENT TO COMMITMENT: 10. This commitment is issued subject to anything that may be filed or done subsequent to the 1 Orb day of February , 19 70 ,at 8:00 a.m.,that may, in the opinion of our attorneys, adversely affect the title to be insured. PAYMENT, PRORATION AND CLOSING REQUIREMENTS: 11. This commitment is subject to the full purchase price for the property being paid,proration made and the Company's usual closing requirements being met. SECTION I RESTRICTIONS: 1. All restrictive covenants affecting the above described property. 2. Any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or any overlapping of improvements which a correct survey would show. 3. Taxes for the current year. 4. Rights of parties in possession. 5. Any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record. STEWART TITLE GUARANTY COMPANY By 'ckinson) /jj-2 Aut oriz Signature Note: Where property is being conveyed to the Veterans Administration,the time limit should be changed to ninety days. Form 54B (Rev. 2-68) OWNER'S TITLE POLICY COMMITMENT 4TE\VART 'lamITLE GUARANTY COMPANY G. F. # 96,338 (2) ' EXPIRES THIRTY DAYS FROM DATE TO: CITY OF FRIENDSWOOD 1.0ti3AY OF February 19 70 ,Sanctity of Contract Dear Sir: In connection with an order placed with us for an Owner's Title Policy, we commit ourselves to issue to City of Friendswood subject to all of the matters hereinafter set forth, our usual Owner's Title Policy in the amount of $ on the following described property in Gal veston County, Texas: Part of Lot 12, Harvey & Stout Subdivision of Part of Block 5, of the Friendswood Sub- division of a part of the J. R. Williams or Sarah McKissick League of Land, in Galveston County, Texas, described as follows, to-wit: Beginning at the most West corner of Lot 12 also being most North corner of Lot 11; Thence N 45 deg. 0 min. East along and with Northwest line of Lot 12; 330 feet to point for corner being the most West corner of Lot 13 and the most North corner of Lot 12; Thence S 45 deg. 0 min. E along and with common line of Lot 12 and 13, 264 feet to point for corner; Thence S 45 deg. 0 min. W, parallel with the Northwest line of said Lot 12 a distance of 330 feet to point for corner in Southwest line of Lot 12! Thence N 45 deg. W along Southwest line of Lot 12, 264 feet to the Place of beginning, containing 2 acres more or less. said policy to contain the exceptions set forth in Section 1 below and to be issued subject to matters hereinafter set forth, any liens created in connection with the closing of this transaction, any liens hereinafter mentioned which are not released, payment of all taxes,and any other requirements hereinafter set forth which have not been fully complied with and satisfied. REQUIREMENTS OWNERSHIP: 1. That we be furnished with properly drawn, executed, acknowledged and delivered General Warranty Deed from Chamber of Commerce of Friendswood conveying the above described property to our assured. LIENS: 2. EASEMENTS: 3. LEASES AND/OR MINERAL RESERVATIONS: 4. ti E 589-WARRANTY DEED-WITH SINGLE AND WIFES SEPARATE ACKNOWLEDGMENTS. CLASS 5. TEXAS STANDARD FORM. f 7 I .:)„). r 0 1 1 1 1 k ...4 6 - .. f'_- , 1 - - 14 , _ 4 i t.,..... . .4 r/P1014/1 'I_ _Fallt414.. ) &wit Ail il 1 t_ ,,,,,' illfootrAi ilkQty. S', 1 -_ _ 1,10./e/ .101,04Cle#0044244.1, C9,4t01 9_. -'4Z,-C.," 1)/exeig -4 ,e ?,/leeie,r,e7,i,i}761'ti,/eAeop,el oft-ta oidgal. e r.4.4.—0,‘ 0--Zice.t., -tAer...44,eckl. _ALL 4 .‘,„1 - =o IA lta m, 7,/y 72,a,_ ,//it.ie/l (✓ reii4 / , , ' ; yQt:e-i-t4-4-e-‘,-v-eve AO '?/ (gratttt UIit c, P tt ri 6Doerri i on / �An) 4.e � , ( mat, cxnnA ( unfit , /14,feer(0.44-A' If , /"X407 / / // .I"/7:0 9.44'.0'4 4Z �� .G�` • 'V a t,c�ut l ,-, �7(.- / .14_4..., 7 7 „., ,,...0 ,647.e7t,..e..44 a, 7ge (4,4) g_eAz, i_i_ef.4 -41 , iti„.,, ,,,,eff.,. ,.,,......,,, 4,1 ....4.4.4.1 ' 4' i: ' 0- / eid- ,"-4.-7,-ii— , ' 4. /A.121:Le 2 JA-zizt.(4.t7 zolialc,i,d7pt.w,,,,,,...ii3 O at.,,/ . ' 6 %o , ) 4.-g.a.�.> .� 61 ,..t..4.12. . ___ r• a.a�-�r.�.� . u-f G . .,� 336 - .. a....--4_ .2—it ( , -� 3s , .4 c�-,vv •a•m•w • I . ; —— 1 I ; I ! and f Cr iliit,4,%-& -dezdedfrieiwie4,iordegif,44aear J Aci74Ad jes).4, )9ew,1/7a;w ifiya ai Wiz/. ao1,74,e e arrant anti 3itor rr rfritZeyowd ; ,th-radiZzipeed a ei*Peeio, P /(r44, • 11 45 44 ritg 44 140,0 107,040e#1,07 dee,e4i1,674fre /;/thi,00;e.Atii/ !zney,dayilme,7, 7/..w, ,e, 91/e4;iedd7 Zzied_.,;a& J r4Li Lwe4leide,d/ fee,m,ii),,azieeht ! I , 2.r .' f I _ ,',6,V i 4f, c_ 3 _ , ,_ L001 /i/W b a-WI-do-kJ cRie/( /, 04.K.ig 7(0--r°2---e- /AL-7/0 1(),,, 4„ ..4a1(./-€ IP', *, . . ,. - , 1 ,,,a41,0*.de-re ,tehei4e/ear /.eY _ (.4t, iikeoteled derygire;7,iigi4e.emew4 w9./iiarZzeidoiSfe.%/n,7104i .,lez ,,zrecia,Wiledg' ee./A)/4 14e,,w 17:--— ,6,.c, .4cav,..e... ea 4, , , , III I 1 `0.-e".0-1,eq,, gefefiri . , , ; • • • 70ik;a/A44' _, --,--- e7,,e4i9/14,44.ewed /..-,/:ii.d.,fietientielewedeZeivjeli/eth.07) eviliii4,/eiii,,ill,ff dot.LI-e/4/4~/ ! „ 2 --- - L..eyrivim;f,e4ywiez., ' 14- /toliz,frtiti4e////#ei,// d:-A7wid4wali,47-e>7.-4.„,/~4,- - - , .,&91,4hieele.itwikiZeiad ,,izeizepybrei .1 ' .i#64)/i4.09wei40"wari edakflawaidezheAsk4oe,ne/44-,,nedigjo ie i */, ,eri440//eged dr, -(0-aiefiatAio.heitaeiled,f,ge,/,‘,/,,,dhyddfiiiit,e05/4ent //ek . , , . 1 , ! i ‘ , (A r r. NI c, • cfh.,‘0‘Wow legwt 41/Awieet 7/1///, /A4/*/eai liekh A",eyeirriiid a 04/9,en,e : 66#4,awle, ,,e7/24/4)46, 7,6)7/0.iwilii4/teer,,KitiTerryi(Atd‘ / Aiff://f, 0,9 vae.% ,e, e ,_. /ef,g,%f #,,, f,r/r...,4r/i . , . . 1 .._(-Y/e091-teceti,e1,daeoweifri 79,i/iee-Y ,e).-. ,,oi/ . , 941,17# fida dew%‘,1"icrnawdStrawilfr,;a.4,5g ';,. ; • 1 Aff/r aftwivj e 7,i z akreeidadevezro-bw, , ' . 4-. , 7, i 1 E 68S • -, , I I I fri i 1-4 , t_s: .i' WITH SINGLE AND WIFES SEPARATE ACKNOWLEDGMENTS. difet,e,,- . . 2 $ ,--.„ ... • L'.ree.....d,;(1--critrXdeigz ,......7,47,3,-, sgOlg „fie ! , cementlege,4 t 2, . . /biz Ce.,peew,44419tat 1 . • 1 . i . ,/ .:,,Dea should,he. imitted.,49i." Piled zoith/ -• they a way Cierk/frrecor4 . . . I 1 fGtd � � / x ✓ / f' � Z I $ / ?Sy, `A Q7-.ed01 Zie o V r8/.44 ,QPi0/ G�-�- �G a� 2' -L) LQ-a o -e �t� iA_ ,),,.t 150-WARRANTY DEED WITH VENDOR'S LIEN The State of Texas Know all Men by These Presents: COUNTY OF Galveston THAT FAY HARVEY of the County of MARICOPA State of ARIZONA for and in consideration of the sum of ********TEN DOLLARS:;'.;-:y*:;-:;;; ;;;; AND OTHER VALUABLE CONSIDERATIONS DOLLARS to be paid,and secured to be paid,by BROWN INVESTMENT COMPANY as follows: This conveyance is made in trust, however, to secure and enforce the payment of a certain promissory note of even date herewith(hereinafter referred to as note ) , executed by the undersigned, payable to BROWN INVEST MENT COMPANY, or order at Friendswood , Texas, as follows : Vendor' s Lien Note of even date in the principal sum of eight hundr and fifty dollars bearing Seven ( 7%) percent interest per annum, payable a • Friendswood, Texas with principal and interest of said note being payable in sixty (60) days from date. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said FRI E;NDSWOOD CHAMBER OF COMMERCE of the County of Galveston State of Texas all that certain part of Let 11 of the Harvey & Stout Subdivision of part of Block 5 of the Friendswood Subdivision of a part of the J. R. Williams or Sarah McKissick League of land, Galveston County, Texas,described as follows, to-wit: Beginning at the North corner of Lot 11, 165 feet in a Southwesterly direction along the Northwesterly line of Lot 11 to a point, Thence in a Southeasterly direction 264 feet to a point , Thence 165 feet in a North- easterly direction to the Southwesterly line of Lot 12, Thence 264 feet in a Northwesterly direction along the Southwesterly line of Lot 12 to the point of beginning, this being one acre out of the Northwest part of the Northeast half of the Northeast half of Lot 11. It is specifically agreed and understood that said Grantors Fay L. Harvey and wife, Elizabeth Harvey, shall retain an undivided one-half (2) of the one-eighth (1/8) of all of non-participating royalty on, in, and under said land, in all minerals rightsthereto. \\Dom"" .A= v., \ , `; �, ice . 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 heirs and assigns forever and do hereby bind heirs, executors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. But it is expressly agreed and stipulated that the Vendor's Lien is retained against the above de- scribed property, premises and improvements, until the above described note , and all interest thereon are fully paid according to face and tenor, effect and reading, when this deed shall become absolute. WITNESSS. /� hand at I T� °`-„- this /7 !. day of 1945 7 • r--e-f- .'e--e €%__t___ ______ Witness at Request of Grantor SINGLE ACKNOWLEDGMENT ✓ THE STATE�FTEXAS, County of m-c-&_ f BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared L ,43 e •known to me to be the person_whose name tA/ subscribed to the foregoing instrument, and acknowledged to : me that —he— executed the same for the purposes and consideration therein expressed. 74 A GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /7 day of qAUTt4At , A. D. 19 -r-4- • F (L. S.) S. G. Combs ttttr;:,ttt';, No ry lic in and for County, Texas, WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 County of f BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared wife of , known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A. D. 19 (L. S.) Notary Public in and for_ County, Texas. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, County of BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared and ,his wife,both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , A. D. 19 (L. S.) Notary Public in and for County, Texas. THE STATE OF TEXAS, County of Galveston I HEREBY CERTIFY that the foregoing instrument of writing, with its certificate of authentication, was filed for record in my office on the 30 day of August , A. D. 19 55, at 9:00 o'clock A• Nr., and was duly recorded by me on the 31 day of August A. D. 19 55�n Volt. 1115'clock Al page s493&494 , of the Records of Deeds of said County. WITNESS MY HAND and the Seal of the County Court of said County, at my office in Galveston, Texas• the day and year last above written. ` John R. Platte (L. S.) County Cl rk— a 0 Con , xas. � l By epu �'" • �° ="lmk j ao Gr ' P7'_�' ac5.tM �w eri CD 'N'lk ' -‘,47 .1 Pli* tia CI C :65 ti y s JCD tli ti vi CD 8 1411çit:; y '�' a DC" CO t . • NAMES OF PARTIES TO INSTRUMENT CHARACTER OF INSTRUMENT Fay Harvey Deed To DATED August 17, 1955 Friendswood Chamber of Commerce FILED August 30, 1955 RECORDED BOOK 1115PAGE 493 Office County Clerk, Galveston County, Texas. THE STATE OF TEXAS I KNOW ALL MEN BY THESE PdESENTS: COUNTY OF GALVESTON I THAT FAY HARVEY of the County of MARIGOPA, State of AR.tIZONA for and in consideration of the sum of ************TEN DOLLA-tS**M* AND OTHER VALUABLE GONSIDENATIONS DOLLARS to be paid, and secured to be paid, by BR07N INVESTMENT COMPANY as follows: This conveyance is made in trust , however, to secure and enforce the payment of a certain promissory note of even date herewith ( here- inafter referred to as note) , executed by the undersigned, payable to BROWN INVESTMENT COMPANY, or order at Friendswood, Texas, as follows: Vendor' s Lien Note of even date in the prindipal sum of eight hundred and fifty dollars bearing Seven (7%) percent interest per annum, payable at Friendswood, Texas with principal and interest of said note being payable in sixty ( 60) days from date. have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said FRIENDSW00D CHAMBER OF COMMERCE of the County of Galveston State of Texas all that certain part of Lot 11 of the Harvey & Stout Subdivision of part of Block 5 of the Friendswood Subdivision of a part of the J .R. Williams or Sarah McKissick League of land, Galveston County, Texas, described as follows, to-wit: Beginning at the North corner of Lot 11, 165 feet in a Southwesterly direction along the Northwesterly line of Lot 11 to a point, Thence in a Southeasterly direction 264 feet to a point , Thence 165 feet in a Northeasterly direction to the Southwesterly line of Lot 12, Thence 264 feet in a Northwesterly direction along the Southwesterly line of Lot 12 to the point of beginning, this being one acre out of the Northwest 1115/493 esm 2. part of the Northeast half of the Northeast half of Lot 11. It is specifically agreed and understood that said Grantors Fay L . Harvey and wife , Elizabeth Harvey , shall retrain an undivided one- half ( 2) of the one-eighth ( 1/$) of all of non-participating royalty on, in, and under said land, in all minerals rights thereto. R .S . 41.10 To HAVE AND TO HOLD the above described premises , together with all and singular the rights and appurtenances thereto in anywise be- longing unto the said heirs and assigns forever and do hereby bind heirs, executors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said heirs and assigns, against eve,'y person whomsoever lawfully claiming, or to claim the same , or any part thereof. But it is expressly agreed and stipulated that the Vendor' s Lien is retained against the above described property, premises and improvements, until the ajove described note, and all interest thereon are fully paid according to face and tenor , effect and reading, when this deed shall become absolute . WITNESS my hand at Friendswood, Texas, this 17th day of August , 1955 . Fay L. Harvey Witness at Request of Grantor: SINGLE ACKNOWLEDGEMENT THE STATE OF TEXAS County of Galveston 6 B_.r'OHE rE, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Fay L. Harvey known to me to be the person whose name is subscribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and con- sideration therein expressed. " 1115/493 esm 3 . GIVEN UNDER MY HAND AND SEAL OF OFFICE This the 17th dal, of August , A.D. 1955 . ( L.S . ) S .G . Combs S .G . Combs Notary Public in and for Galveston ( SLAL) County, Texas. Filed for Record August 30, 195'7 at 9: 00 o' clock A.M. No . 139352 Recorded August 31, 1955 at 9: 1" o' clock A .M. JOHN R. PLATTE, Uounty Clerk, By L.L . Mullen Deputy. THE STATE OF TEXAS ) COUNTY OF GALVESTON ) KNOW ALL MEN BY THESE PRESENTS: THAT VIE, the undersigned, being the owners of stock in Friendswood Oil Company, a defunct corporation, of Galveston County, Texas, for and in considera- tion of the sum of Ten (S10.00) Dollars and other good and valuable consideration cash to us in hand paid by Friendswood Volunteer Fire Department, the receipt of Which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SETT, AND CONVEY unto the said Friendswood Volunteer Fire Department, of Friendswood, Galveston County, Texas, the following described tract or parcel of land, lying and being situated in Galveston County, Texas, to-wit: A two (2) acre strip of land across the Northwest end of Lot 12 in the Harvey & Stout Subdivision of Block 5 in the Friendswood Sub- division out of a part of the J. R. Williams or Sarah McKissick League of Land, Galveston County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singu- lar the rights and appurtenances thereto in anywise belonging, unto the said Friendswood Volunteer Fire Department, its successors and assigns, forever. WITNESS OUR HANDS, this the day of July, 1954. ciaUno0 .zo j pus uT ormnd lsaeTom '+( 6T c jo .gsp auT Szug- 'HOIAITO 30 `IF 3S aav am Xi i uaa n. MHAIn •passaadxa uTaaam. uoTTsaapTsuoo pus sasodand am. Jo; auras am paTnoaxa all Tst[T Out oT pa9paTAouxos pus 'TuaumaTsuT 9uToSaaoJ auT oq. pagTaosgns sT aursu asoWM uosaad auT ag oq. am oq. utouli c paasadds .RTTsuosaad asp sTUT no 'ATaotlTns pau9Tsaapun auT c51ii a2-I033g ( 30 xS,af10 O ( 30 EI`JSS an `FTunoO aoj pus uT oTTgnd Igasa.oM '+( 6T c Jo 1Cep auT STUT 'WWI330 30 'was cmv am 2N xv(tM l Mt AID •passaadxa uTaaam uoTTsaapTsuoo pus sasodand auT ao,; auras auT paa.noaxa au Tsui all oT papaTMouxos pus cTuaurnaTsuT BuTo2aaoJ auT O . pagTaosgns sT atrreu asoITM uosaad auT ag oq. am O . uaoui c paasadds itsuosaad Ssp sTUT uo cATaomns pau9Tsaapun auT capi a03ag ( d0 LII'Tf100 ( iO WT,vSS al. c ia.uno 0 ao,; pus uT oTTgnd .KasToN c Jo 2Csp auT sTUT ' DI,T,TO 30 'IFl`3S aav WtVB Ani IIIQNfl N IAID •passaadxa uTaaam. uoTTsaapTsuoo pus sasodand am ao; auras auT paanoaxa all Tsui am oq. pa parr ouxos pus 'Tuaurnaa.suT OuToSaao j auT oT pagTaosgns sT aureu asoqM uosaad am. ag oq out oq. tu&oux c paasadds JTTsuosaad Jsp sTt - uo cATaotITns pauSTsaapun auT 'MAI aa03ag ( JO X ano 0 ( J0 SINIS a, /t'"D—L c 1cTuno O .-""t p r+-,ro aoJ pine uT oTT0.nd 1casToN' -f Des '+�56T c Jo iCsp r r- auT STUT c a3I330 LEO 'IV'3S W1V am X t uaaNn NHAID •passaadxa uTaaam. uoTasaapTsuoo pus sasodand aria. aoj GUMS auT paa.noaxa at[ Tsui OM oT pa9paTriotrsios pus ca.uaumaa.suT SuToOaao; am, oT pagTaosgns sT auzsu asoqri uosaad am_ ag oa_ out oT uftouIT c snutaTTI 'Q 'a paasadds .KTTeuosaad asp sTUT uo 'i l.Taomns pau2Tsaapun auT ' VI HUOJH E ( ao Limo tno O ( �-r5 30 awls an �r`" 'Auno0 r7797/7 ao,T pus uT oTTq has o SS6I `6I aaquzano� sastdxg uotssriuuro0 S ) _ '+�56T c~ s47- auT sTUT c a0I�,�0 30 I�'3S Q[ Q11IVH XInI N QDI[1 N AIO •passaadxa uTaaam. uoTTsaapTsuoo pus sasodand auT ao� s amja. paanoaxa au a.sua. aut oa. pa paTnouxos pus c Tuaumaa.suT 2uToSaaoj auT oq_ pagTaosgns sT aureu asoqm. uosaad am_ ag oq. out oT uriouDI ciZaAasH •Z ALE paasadds .KTTsuosaad 1csp sTUT uo ' TaotITns pau2Tsaap at q. 'SII 3H03ag ( -- dO ASan10O ( ;T, 0 WIS EllI V THE STATE OF TEXAS ) COUNTY OF GALVESTON ) KNOW ALL PEN BY THESE PRESENTS: THAT WE, Fay L. Harvey, Lillian Stout, a widow, and Ima Stout Smithey , joined pro forma by her husband F.L. Smithey , said parties being the sole and only heirs and beneficiaries of N. E. Stout, deceased, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration cash to U.S in hand paid by Friendswood Volunteer Fire Department, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said Friendswood Volunteer Fire Department, of Friendswood, Galveston County, Texas, the following described tract or parcel of land, lying and being situated in Galveston County, Texas, to- wit: A two (2) acre strip of land across the Northwest end of Lot 12 in the Harvey & Stout Subdivision of Block 5 in the Friendswood Subdivision out of a part of the J. R. Williams or Sarah McKissick League of land, in Galveston County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singu- lar the rights and appurtenances thereto in anywise belonging, unto the said Friends- wood Volunteer Fire Department, its successors and assigns, forever. WITNESS OUR HANDS, this the day of July, 1954. • Fay L. Harvey Lillian Stout Ima Stout Smithey F.L. Smithey THE STATE OF COUNTY OF - --) BEFORE ME, the undersigned authority, on this day personally appeared Fay L. Harvey, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same or the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the a day of , 1954. My Commission Expires November 19, 1955 No y Public in and r County, sexal, ' o0 _ eze eD aoj pus Liz wp.Tcgagxra Mo0 .E4uno0 431‘terO ,LT i' L.eu 7,77.-;7/7 'tt6T aaquaa.des Jo pep a.si @Liq sTLi- `aOIa O JO 'IVES GEIV GIRTH Ant =MR maiao •a.z q.osaa.aa oO. Listri a.ou pzp aqs TeLiO pine 'passaadxa uzaaatja. uoTgsaapzs -uoo pus sasodand aT q ao; auras @Lig. pauSTs JTUTTT?& peLi arts Taqq. paasToap pie 'poop pine a.oe aaq aq oq. a.uaumaq.suT Lions paSpaTMoultos iatt4TuzS 4no4.S 'Burl piss aLi4 calls 'Jag oq. pauTsTdxa fTTn atuss aqq. 2uzn.sq pie `pusgsnt aatt uo.xj o.asds pus .CTTATad au iiq pauzutexa uaaq SuTAet ' JetT4TIITS •Z• pies auO. Jo aJTM ` &atdq-TUTS Tno?.S um' PTFes attq_ pus fpassaadxa uzaaatt4 uoTgsaapzsuoo pus sasodand aua. ao; auras am. paTnoaxa .gatI4 42114 au oq. paSpaTMounas pus 'quaurnaq.suT SuToSaaoJ art?. oq. pagTaosgns aas sauteu asoirl suosaad aLi4 aq oq au (pg. u&oux ' Lam.tuzs q-nogS sur 'a;TA pus ietj rcwS ''I' paasadde .TTsuosaad .Ksp sTgq. uo 'J T.1oliTns pau0Tsaapun aqq- STq auoaaJ ( 1/7 41-TD 30 x mo o ( SHxaZ a0 31-vSS sexed, 'iq-un0O C'zav-D ao,; pus uT x qVX � zno quno 0 `IWGIO `ua-Taus keH aequzagdas Jo rCsp a.si au? STII? `HOI M° a0 'vas cmv mil AEI }tC[Nfl i[ AID •passaadxa uTaaata. uoTq.saapTsuoo pus sasodand atq- ao,J antes atjq. paanoaxa aqs q_sgq. au oq papaTriouxos pus `quaunaq.suz Buzo2 -ado j aqQ- o4 pagzaosgns sz aureu asoLir. uosaad of q. aq oq ant oq ut oux `AopTR s `gnoq.0 usTTTT'I paasadds JTTsuosaad lsp sTT14 uo `1CTTaoggns pauSTsaapun aLiq 'arg au03ag ( �GaVf J0 XINI10O ( SVXHI 30 EMS CIS RIGHT-OF-WAY EASEMENT DEED THE STATE OF TEXAS ) COUNTY OF GALVESTON ) THAT WE, J. B. VanWinkle and wife, Pearl VanWinkle, of Galveston County, Texas, in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations in hand paid by Galveston County, acting through the Commissioners' Court of said County, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN, SELL AND CONVEY unto Galveston County, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described lands in Galveston County, Texas, owned by us, to- . wit: A part of Lot 12 of the Harvey & Stout Subdivision ofeBlock 5 of the Friendswood Subdivision of a part of the J. R. Williams or Sarah McKissick League of land, Galveston County, Texas, described as follows, to-wit: BEGINNING at a point in the Southeast line of said Lot 12 which is equidistant from the East and South corners of said Lot 12; THENCE in a Northwesterly direction parallel to the Southwest line of said Lot 12, to a point in the Southeasterly line of a two acre tract now owned by the Friendswood Fire Department; THENCE in a Northeasterly direction along the Southeasterly line of said two acre Friendswood Fire Department tract a distance of 20 feet to a point for corner; THENCE in a Southeasterly direction parallel to the Southwesterly line of said Lot 12, to a point in the Southeasterly line of said Lot 12; THENCE in a Southwesterly direction along the Southeasterly line of said Lot 12 a distance of 20 feet to the place of beginning. For the purpose of opening, constructing and maintaining a permanent road or State Highway in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, its agents, employees, workmen and representa- tives having ingress, egress and regress in, along, upon and across said premises for the purposes of making additions to, improvements on and repairs to the said road or highway, or any part thereof. TO HAVE AND TO HOLD unto the said Galveston County as aforesaid for the pur- poses aforesaid the premises above described. WITNESS OUR HANDS, this the day of July, 1954+. J. B. VanWinkle Pearl VanWinkle THE STATE OF TEXAS ) COUNTY OF GALVESTON ) BEFORE ME, the undersigned authority, on this day personally appeared J. B. VanWinkle and wife, Pearl VanWinkle, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed; and the said Pearl VanWinkle, wife of the said J. B. VanWinkle, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Pearl VanWinkle, acknowledged such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF O.LFICE, this the day of 1954. Notary Public in and for Galveston County, Texas. THE STATE OF TEXAS ) COUNTY OF GALVESTON ) KNOW ALL MEN BY THESE PRESENTS: THAT I, E. D. Altemus, Individually and as Trustee, for and in con- sideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration cash to me in hand paid by Friendswood Volunteer Fire ' Department, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said Friendswood Volunteer Fire Department, of Friendswood, Galveston County, Texas, the following described tract or parcel of land, lying and being situated in Galveston County, Texas, to-wit: A two (2) acre strip of land across the Northwest end of Lot 12 in the Harvey & Stout Subdivision of Block 5 in the Friendswood Subdivision out of a part of the J. R. Williams or Sarah McKissick League of land, Galveston County, Texas. 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 Friendswood Volunteer Fire Department, its successors and assigns, forever. WITNESS MY HAND, this the Q 7 day of July, 1954. ii, 1....3#3.1.4„..e.a.......— E. D. Altemus THE STATE OF '-51-fLei..--- ) COUNTY OF � ,._ ) BEFORE'NE, the undersigned authority, on this day personally appeared E. D. Altemus, Individually and as Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the .47 day of ____dat.,1/ , 1954. ' .0/07,6C---- 5:e.ii. ,,,,,4 N ary Public in and for &,,�___ County, I 4-0,,, - ,7. DOCUMENTARY ` e / IV J n _ r �� r :,...‘,...v, L �� — a *r ti t tA' THE STATE OF TEXAS COUNTY OF GALVESTON I, JOHN R. PLATTE, County Clerk of Galveston County,' State of Texas, do hereby Certify that the foregoing instrument of writing, with its certificate of authentication was filed for record in my office on the_ 29 day.of July - --- - -1954at 10:00 o'clock, A. ---- aid xgeorderi on the_ N ----day of July 054at 1:45 _a'ciock, P. RQ, In Deed Record Book__105_5____Pages_335 _8c_336 ____ WITNESS my hand and Official Seal, at my office, in Galvestu*, Tarim,"on the date Iast above written. •JOHN R unt - k n , z 44. NAMES OF PARTIES TO INSTRUMENT CHARACTER OF INSTRUMENT E. D. Altemus, Individually and Deed as Trustee DATED July 27, 1954 to FILED July 29, 1954 Friendswood Volunteer Fire Department RECORDED BOOK 1055 PAGE 335 Office County Clerk, Galveston County, Texas. THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON I THAT, I, E. D. Altemus , Individually and as Trustee, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration cash to me in hand paid by Friendswood Volunteer Fire Depart- ment, the receipt of which is hereby acknowledged, have GRANTED, SOLD, AND CONVEYED and by these presents do GRANT, SELL AND CONVEY unto the said Friends wood Volunteer Fire Department, of Friendswood, Galveston County, Texas, the following described tract or parcel of land, lying and being situated in Gal- veston County, Texas, to-wit: A two (2) acre strip of land across the Northwest end of Lot 12 in the Harvey & Stout Subdivision of Block 5 in the Friendswood Subdivision out of a part of the J. R. Williams or Sarah McKissick League of land, Galveston County, Texas. 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 Friendswood Volunteer Fire Department, its successors and assigns, forever. WITNESS MY HAND, this the 27 day of July, 1954. E. D. Altemus E. D. Altemus THE STATE OF TEXAS I I COUNTY OF GALVESTON Z BEFORE ME, the undersigned authority, on this day personally appear- ed E. D. Altemus , Individually and as Trustee, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me . . J O55/33'5 bar -2- that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 27 day of July, 1954. S. G. Combs S.G. Combs Notary Public in and for Galveston County, Texas. RS $1.10 (Seal ) Filed for Record July 29, 1954 at 10:00 o' clock A. M. No. 116421 Recorded July 30, 1954 at 1 :45 o' clock P, M. JOHN R. PLATTE, County Clerk, By L. L. Mullen, Deputy. !-' A/c",e4 Comer LC/ /ycvr✓e - -/✓o r fii CaCi7er_Z a f /2 y 4/s/ /3 d vis:o/l .e%ck s .; a 5 ¢5`00 b/ /6S,co" Sef� 1,k.:� 4acnd I,P�ce r r.— N t O.G'N.W.orCor. / eiree / Poe•,mac//� I,P�+r. -"MW. Line Lof //' _ N W.L;r7e. La7 /c �at /iVW,s�Car. ri 1 Ji.irfib' Y.. ` o°,Q.. 10 f F 1 !-/i�iPVc s� r v. N.E. SToc)r` + = v aio 0 ,ri�n/os worn c. o`C. OY ;� 0 • 0 C y_ E.O..ALTF�/✓1L1S TR[JST�,� y0 .. c. .. A� 0 A t \'. t f Ai W r I -SAGE .i144 - 6 O FT .. , 1 Fe Cet . Scf I R./ 7 \ 'efj /1r,E'.o/ '� ,�, �N 4�°nJ, /6S:G0' I 5 4 5 °o 0'fti' i I 33O. o o fc vro✓ __- 1; 2o'i4'oexc�wayEoscr»e-rr 1 -re trr.ve'.,s tcrr c,-,-, �y ✓�/y /954)' W '•* PLAT OF A SURVRY OF A PART-OF LOT 11 AND 12, OF 7 HARVILY AND STOUT SOBDDVISIC[�I :ROBERT C.............. OF BLO 5, OF THE FRIG DSWOC ) SUBDIVISICEi .�.. . .... .0QT OF J. R. rr WILLIAMS.r T.�uQ OR 3ARAH •o•% 528 • • •.... Mc SISSICK LEAGUE ABET. NO. 151, GALVST $ ON COUNTY, TICAS. GB--f0, to:p� # ( Sae attached descriptioi ) ��C SUR"I` Surveyed Tune 19, 1969 _,' Ragisterd Public Surveyor No. 528 DESelAIPTICN OF 1 FAZE 0a LONE 11 AND 12 , Haft:• & STOUT SUBDIVISION CDT 07 BLOCK TRACT l; 5, 1'RIENDSWOOD SUBDIVISION. All that certain track or parcel of lead out of a part of Lot 11 ot=`.th. Harvey and stout Subdivision out of part of Block 5 of FOOD subdivision out of the J. R. Williams or Sarah Mc Kissiok League., Ab. No. 151, Galtwstoi County, Texas, aid the tract hereby convoyed more particularly described by mates aid bounds as follows; BEGINNING at the most North sorter of said Lot 11; THENCE S 45 deg. 00 min. if along and with;.the Northwest line of said Lot ].l, a distance of 165 foot to a point for sorter; TEiCE s 45 deg. 00 min. 3 a distance of 264 test to a point for earner; THRICE N 45 deg. 00 min. It distal.* of 1 5 fest to a point for corner in the Southeast line of said Lot 11, also biing the Southwest line of Lot 12; TH NcE N 45 deg. f along sad with the Southeast line of Lot 11 sad the Southwest lilts of Lot 12, a distance of 264 feet to the PLACE OF BEGINNING. Containing 1.0 As. of load nor* or less. TRACT P; All tthat certain tract or parcel of land out of a part of Lot 12 of the Harvey aid Stout Subdivision out of part of Block 5 Of FRIBNDSW00D subdivision out of the J. R. Williams and Sarah Ma Kiasisk League, Lb. No. 151, Galveston County, Texas, and the tract hereby convoyed more particularly described by totem mad bounds as follows; BEGINNING at the most West earner of Mid,Lot 12, also being the most North corner of Lot 11; THENCE N 45 deg. 00 aim. s along and with the Northwest lino of said Lot 12 a w distance of 330 feet to a point fait wrier, :being the Nosh West sower of Lot 13, and,:the most North corner of said Lot 12r THENCE S 4.5 deg. 00 Ida. 1 along and titk;ths salmon line of Lot 12 and Lot 13, a distance of 264. feet to a point for nor r; -." THRICE s 45 dog. 00 cis. N parallel irltk the Northwest line of said Lot 12, a distance of 330 foot to a point for swam la. the Southwest line of said hot 12; THENCE N 45 dig. W along said eoatkwmst Lime'of Lot 12,° a distance of 264 fest to the PLACE OF BEGINNING. Containing 2.00'js.s of.ylutd 'lore or use. 3. - . • F. • • sky Y{F`..- THIS IS A COPY ONLY OF THE ORIGINAL N. E. Stout TH6 STATE OF TEXAS Know All Men By These Presents To COUNTY OF GA LVES TON E. D. Altemus Trustee That I,, N. E. Stout, of the county of Galveston State of Texas for and in consideration of the sum #DEED# of Two Hundred & No/100 4200.00) Dollars to me in hand paid by E. D;, Altemus, Trustee, have Granted; Sold and Conveyed, and by these presents do grant, Book 345 sell and convey, unto the said E. D. Altemus, Trustee, Page 447 of the county of Galveston, Stets of Texas, all that certain tract or parcel of land in Lot 12, Block 5, of Friendswood Subdivision of Sarah McKissick Survey of J. R. Williams League of land in Galveston County, Texas, described as follows : starting at a stake at North Corner of Lot 11, Block 5, thence' 330 ft. Northeast to corner of Lot 13, Block 5, thence 284 ft. Southeast, thence 330 ft. Southwest to north line of Lot 11, Block 5, thence 264 ft. Northwest to point of beginning;, said tract containing Two (2) acres more or less. TO HAVE AND TO HOLD the above described premises, together with all end singular the rights and appurtenances thereto in anywise'belonging, unto the said E. D. Altemus, Trustee, heirs and assigns forever, end I do hereby bind my executors and adminis tra tors., to WARRANT AND FOREVER DEFEND, all end singular the said premises unto the said E. D. Altemus, Trustee,, his heirs and assigns, against every person whom soever lawfully claiming or to claim the same or any pert thereof. Witness my hand at Friendswood this 6th day of February A. D. 1V23. wi tnes ess at Request of Grantor; N. E. Stout 50% I. R. Stamp Cancled on Original February 2, 1970 Stewart Title Company P.O. Box 427 Dickinson, Texas 77539 Attention: Juanita Johnstone Re: Tittle Report on Part of Lot 11 and 12, Harvey and Stout Subdivision of Block 5, Friendswood Subdivision, requested 2/2/70 Dear Mrs. Johnstone: I am enclosing a xerox copy of a survey of the property captioned. The City of Friendswood will acquire the property from the Friendswood Chamber of Commerce. Would you please prepare a Title Repoaton both tracts and send the same to my office. Thank you for your cooperation. Very truly yours, Ody K. Jerden Enclosure OKJ:tb cc: Friendswood Chamber of Commerce City of Friendswood LAW OFFICES OF RICHARD J. HIGGINS AN G LETO N,.TEXAS July 22, 1954 Mr. Cecil Brown Friendswood, Texas Dear Mr. Brown: Enclosed herewith you will find the two right-of-way deeds, which I trust will be satisfactory as they are copies of the right-of-way deeds used by Brazoria County. The acknowledgments can be changed at the time they are taken as I forgot to tell Dorothy where they lived. Also you will find a deed from Altemus, Individually and as Trustee, and a deed from the stockholders of Friendswood Oil Company. The deed from the Friendswood Oil Company will have to have additional acknowledgments, but I just put enough on so that it could be signed by Altemus and Harvey. It would be my suggestion, as indicated by the enclosed deeds, that Altemus sign both the individual deed and the stockholders deed and that Harvey sign the stockholders deed at the time the right-of-way deed is sent to him for signature. After Altemus and Harvey sign the stockholders deed and it gets back, then we can write additional acknowledgments and it can be circulated to such other parties as you may be able to locate and trade with. Sometime next week I will send you a bunch of additional acknowledgments which you can attach to the stockholders deed when it gets back. I will keep the instruments for the time being which you left with me, in case it becomes necessary to do something further or check something further. I will let you hear from me again next ti Si ely yo s • RJH/dj Encls. (5) October 30, 1954 Fay L. Harvey 2342 North 11tht. Phoenix, Arizonf, Deer Mr. I ~rvey: Thank you very much for your help in getting the Deeds for the Fire Department properly sinned. The Fire Department would like to buy the other one-half of the road-;iffy et your price of •;1,000.00 per acre providing it will be ^K for them to psy one-half now and the balance the 1st of next year. The Fire Department funds are low after our yearly payment on insurance for both the trucks end men. If this is or.,reeable, we would appreciate a letter from you so s tP},ink, your approval end that you will s i^n any: return the Deed when the final payment is made. Fnc : d is the road-way Deed. If it is satisfactory, ,r;>. will imveCietely send our check for one-half of the reread price upon receipt of a letter from you to that efl ect. Yours very truly, Dale Brown, for Frieendswood Volunteer Fire Department DB:sgo August 12, 1954 Mr. Faye L. uervey Phoenix, Arizonia Derr Sir: Well we have finally of all the neoessart papers prepared to give us a fairly valie title to the two acres, provided we can get all the neueseara papers signed up properly. .;c have the deed from Mr. Altemus as trustee an this has already been sizneo, notarized and recorded. hr. Mackey sates that this was the most important paper for us to cot signed up first. I am enCi.OSiflT the deed to be signed by as deny of the stock holders as possible, and also the deed to be signed by you and Lillian and Ira Stout. I believe thot you said in your last letter that you would write a letter of explanation to send along with these papers to 1,11lian and Ilea. '143 were unable to contact Mr. Archer so your etocla holders list is the only one we have. When you retarn the stock holders deed back to me, we will attempt to get as many ue possible CI the stock holdeal, to 'elan it. (5 have run into some difficulty in obteining the 30 feet of road riabt cf way from Mr. Van Winkle . He at first told us that he would give uo the right of way but after he and his wife checked the number of feet loft between their property line and their son' s home they find thet they would not have enough room to build a house of their own. hr. Van ;Ankle told me that that was the only piece of property ho owned in this world and that after giving due consideration he didn' t feel that the:;. should sell this 30 feet and than later on not have enow;11 room to build a home of their own. Mr. Van Ankle feel rather bad about first having said that he would give the land and then back down and he said that If it were at all possible for the fire Cepartment to buy an additional 30 feet from you he would: help pay for it. 2nd page At the last meeting of the fire department I was instructed to write and ask you if you would consider selling to the fire department 30 feet and that if you would, they would be willing to pay whatever price per acre you would want for this add- itional ground. Please drop us a line an6 let us know how you feel about this matter and wo will than send you the road right of way deed with proper die.cription. The fire department wishes to express thinks to you for giving the 30 feet road right of way and they will be willing to pay for the other 30 feet if you would consent to sell to then. The Counts Commissioner tells me that he is ready to grade and shell this road and to do whatever he can to help us to make the two acres into a nice community park. The fire department together with the scouts plan to start to work on this tun acres as soon se we are able to get the road dove' to it. Very truly yours, Dale Brown DB:ig Enclosed are the following papers: 1. Deed from Faye L. Hervey, Lillian Stout and Ina Stout to Friendewood Volunteer Fire 5epartment. 2. Pied fro!° 'fir i endswooe. Cil Company Stockholders to Friendswood. Volunteer Fire Department. THE CECIL BROWN FIG COMPANY P. O. BOX 52 FRIENDSWOOD, TEXAS June 19* 1, Fay L. Harvey 411 ,, ri M, J ' i.,..F5,;t Phoenix, Arizona Dear Pay, The Fire Dept. is still trying to het the two res for a pars, I do not knw just what discussion you had grit afferent ones when you were here, but it is 1.17 understandi bat you were, agreeable to deeding whatervor interests you . t have,to the Friondawood, Vol. Fire Dept. r, �. We have taken up the matter of Yet is nacre . o secure a good title with the Stewart Title C . .so with a; Higgins, who, will prepare the papers if +c are rea /for kin to do so. f \,, The followin g Is a list of things\Oey say we will have to have done. The deed given by 2Z ,. olive the Oil do. was not correct in ittiedlacripti o t- lsn as it failed to say, "out of the 3Harve & Stou ub nn`kl,, the Title Co. says, First we will have to a e a ' :e i rvr N. E. Stout's heirs to the Friendawood Vol. Fi '\Dept. )a ating that it is given because of the error" r' the =d d Div n to the Friendswoad Oil Co. and because o erro y title is still vested in the Stout hei s (that the are joining in in transferring the property to t e\Friend NA Vol, Fire Dept. Second , they say that e will have to procure a deed from all the stockholder44 east the majority of the stockloldas of the Friendsw:od O1 Ca Mr. Altemus is very anxious to deed his interests and 1 understand you said that you were willing also to Deed ycurs. I suppose Willie Stouts Share will be represted Vy Lillian Stout and Imam. Could we send the deeds to you and let you send them on to Lillian and Iuue along with an explanation as to what we are desireing to do. . We would like to' know about what percent of the Stock; was owned by Altermis, Harvey and Stout, and a list of the names of all of the other stockholders that y:.0 remember. The Friendswood Vol. Fire Dept. will also have. to hove a road to get to the property. 1 believe that you told me that you would be willing to give a strip of land next to an equal. strip of land given by Mr. vanwinkle, In order for the County to build and Maintain the road, they require a 60 ft. right of way. THE CECIL BROWN FIG COMPANY P. O. BOX 52 FRIENDSWOOD, TEXAS 2nd. She9t. We have already been to the Court House and find that we will have to pay not only the back taxees but also the cost of the Tea Forclosure "uit which is pending and will be forecaeeid on the 6th of July, if not pal! before that dote. The total cost will be about 44200.00. W- are trying to get it redure41' ut do not think we will have eh luck. The Friendswood Vol. Fire Dept. wo . d lik; cry much to get this land for a coimumity park and.: • -a e your willingness for them to have it. Please let us hear from you , with t inforsna►tion requested, if you are still peace, with our plane °: then we will immediately go down = the taxes and have all neceasar, deeds prepared for iv puree. Yours ttruly, _-.. ..,\\ T H7 FRIENDSWOOD VOL. , .); . \' 7,7(;:„.>. Dale Trown April 13, I C yr Stewart Title Guaranty Company Galveston, Texas Attention: Yr. Clark Dear Sir: I am enclosing a sme1l map and a description. of a 2 acre tract which is swposed to belong to a local oil development company and is supposed to be deede ""f"rom N. B. Stout to E. D. Altemus, Trustee. The Friendswood Fire Department desires to purchase this piece of land • and would like to know who hes the authority to make the Deed. I have a copy of a Deed from N. E. Stout to E. D. ' Altemus, Trustee,. which is recorded in Book 345, page 447. However, according to the description in this Deed it does not properly describe the land es it fails to mention the Harvey & Stout Subdivision. Mr. Altemus, and other interested parties, are perfectly willing to Deed it to the fire department if they will pay up the back taxes which have been running for many years. The Triendswood Fire Department would like for you to furnish a Guaranty Title letting us know from whom the Deed we id have to be made to be le£;p l end the amount of taxes due. We. figure the value of the lend somewhere between t1,000.00 and 1,500.00. We would want a Guaranty Title in the eiwunt of : l,500.00. Yours very truly, Cecil Brown CD:sgo Copy of list of Stockholders of FRIENDSWOOD OIL COMPANY as of 3/ 3/23 as rendered by R.W.Archer- 5/15/52 F.L.Harvey 2?, Shan-Qv G.W.Butler rk"T.C.Stout — // -. 6/0 \. N.E.Stout D.S.Ca e Ct1 ;W. 4. G.M.C age r` r R.W,Archer r, —E t A,,,;r.' �� , :ice' e ., .t� e,t. ;; _ w__-- .D.Altemus ..- --_ -��-.� ix�_, . .. �. S.B.Brown J.W.Barrett Mrs. Francis McDent. Paul Phillips � N.H.Garretson Alva Smith Eli Peacock O.F.Altemus Paul Ho id al e S.V.Allen C.E.Hoover R.P.Knight -� > Elmer Braxton B.O.Kile Mrs. T.Wretling Ora Middleton W.T. Smith H.L.Green . Aeoe .0 Ralph Allen -E.S.Bales Hannah Green G.G.Anderson Jake Stout F.H.Clark LAW ❑FFICES ❑F RICHARD J. HIGGINS ANGLETON, TEXAS September 24, 1954 Mr. Dale Brown Friendswood, Texas Dear Dale : Enclosed herewith you will find a list of the stock- holders of the Friendswood Oil Company, which was left with me several weeks ago. Since-rely yours • RJH/dj Encl. 11 • • ttzunoo 44To °30. sx rss=doo goAnsovux sWX,y 'oonapuatad Jo 441 t osuer03 uoT 4esodza0 + _ r uspaast •g Apo 'sxnol[ 4cj nal AasA •sae ;0s;uoa •aasatd A s3u*;sjsss aterg4an, ;0 sq use I iI 'plopahaU nog( uot4sato;uT oq: s; s'fq; ;sq4 4sna4 I. 'sasodarnd solids motto aro; pue1 sq Jo ss:r 'uo ulToi sasgasm 04 bu ;ou alsoJsain 'pus pust spa; •os, uo 40nposd t*Z,UT'i AO sab :j To. auto* ou al saoys **swot 040 Jo xs; sq,; 6uTanp utksq KOTn uOT;.onpoad Gu sT sasm4 r nes*V' ureuus sIssow 's ass"I sq3 ;o 104071 •DsJ.sasgtts ;rug 424sjxns Tts p•;••1112•a *seat 4144 Ao uoT jssjdxs sq,; 4int4 uotuTdo sT 4T 'pus' •eta JO son s3R;Jns 044 400;0i wi ► *seal sob pus no *TIP 40U 20 assosg^ 04 se uotuydo us ps4sonbsar noA utaast 'oL rt "IT Avg jo uoT4usacsauoo suoudat,4 ano 04 uusnszng *maw; u io s;t iq ias Idxa s•y pus salmi swag; 40 pota+ed a act; say► *seat •ti rsmg uti0 i ty "sesoi 'x utto3 U04404t.fl ;o spaoosa isioutax pus sub Tta •sii; ut SLE 40b1,4 'Mt t "0* nooll uT plpao saa aim **mot *Mt "LS6T tT=di p•;.p `usual* gtaaaoN 04 worm 'ti 'lt mar; sees/ txexsule pus sob 1 o •g; Jo Adoz ps741' 4s* s bu1so10ov sis z esTsatrr 'aW ws punt sosd , usdo ;o ooT;T.T y *stoma 'poompusTai Jo 4410 eerg t�X L xr sx i ' i,4xoa. "44 4s*ara aoTA L 6TB buTpIT t 00T130 )1Zspsj 3uo*Lo i.Asa use4411 pus bu;snou Jo 4usst sidso t10 t5U0Tb*ll 30 *DIM s'cuss t I**s 'Mt OLax 'p1 sour d4r4/ ZOOLL svx0z •xos,snox LILo-aza `JHIQ'IIIlH}INva'IVROILVN AZIo LSaM ZI8 Mv'I sv xaNaoL,Lv Naanar x Aao • . F °SH'000 l '`� ,„ " @ity of en swoo ,..„--....,,..✓` ` ' '.„.,,„, �-'' ^,7. 109 WILLOWICK-PHONE 182-3323 . �'= FRIENDSWOOD, TEXAS 77546 18lTy, March 2, 1987 To the Mayor and Members of the City Council Friendswood, Texas In response to your request that we evaluate the proposed purchase of land adjacent to the Old park (Tracts 63551-0010 & 63551-0030 located on Briarmeadow totaling 1.34 acres), it is the consensus of the Community Appearance Board that the city should make an immediate effort or arrangement to option or buy the land. The Board's reasons for its' opinion stem from the fact that this is the only remaining park area in the vicinity and it is a strategic parcel of land which could be added to the old city park. The CAB, through the efforts of Chuck Talbot and Councilman Evelyn Newman, understands that the owner of the land is more than willing to work on this purchase, with the city, through his realtor, Jim Baker. The CAB feels that the city should strive to achieve this in the near future. Yours very truly, Friendswood Community Appearance Board omelia Meza, Secretar� A. Settlement Statement U.S. Department of Housing air and Urban Development • OMB No. 2502-0265(Exp. 12-31-86) B. Type of Loan 1.0 FHA 2.❑FmHA 3.000nv. Unins. 6. File Number 7. Loan Number 8. Mortgage Insurance Case Number 4.D VA 5.❑Cony. Ins. 87-1544 C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D. Name and Address of Borrower E.Name and Address of Seller F. Name and Address of Lender CITY OF FRIENDSWOOD DARYL K. PITTS AND WIFE CASH GLORIA ANN PITTS AND PEARL ARNOLD VAN WINKLE G.Property Location H.Settlement Agent A 1.35 acre tract out of Lot 12 Harvey & TITLE USA Stout Subdivision Galveston County, Tx. Place of Settlement I. Settlement Date 211 Parkwood Friendswood, Tx. 6/25/87 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 27.500.00 401. Contract sales price 27.500.00 102. Personal property 402. Personal property 103. Settlement charges to borrower(line 1400) - 566.00 403.__ 104. 404. 105. 405. Adjustments for items paid by seller in advance - Adjustments for items paid by seller in advance 106. City/town taxes to , 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. - - - - 110. 410. 111. 411. 112. 412. a 120. Gross Amount Due From Borrower 28,066.00 420. Gross Amount Due To Seller 47,500.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or earnest money 1,000.00 4501. Excess deposit(see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 2.206.00 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. -- 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 4509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to __512. Assessments to 213. All taxes 1/1/87 to 6/25/87 411.25 513.A11 taxes 1/1/87 to 6/25/87 411.25 214. - 514. 215. 515. 216. 516. 217. 517. 218. - -- -- - --- 518. ------ ---- --. - 219. - - - 519. 220. Total Paid By/For Borrower 1,411.25 ± 520. Total Reduction Amount Due Seller 2,617.25 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross Amount due from borrower(line 120) 28,066.00 601.Gross amount due to seller (line 420) 27,500.00 302. Less amounts paid by/for borrower(line 220) 1,411.25 602. Less reductions inamt.due seller(line 520) ( 2,617.25 ) X 303. Cash E From ❑To Borrower 26,654.75 603. Cash Elio ❑ From Seller 24 882.75 • • Previous Edition Is Obsolete HUD-1 (3-861 RESPA, HB 4305.2 L. Settlement t.narges • 700. Total Sales/B'roker's Commission based on price$27.500.00 @ 6 -__%_ 1,650.00 Paid From Paid From Division of Commission (line 700) as follows: Borrowers Seller's 701. $ - 825..0Q___ to Murphy Properties _ Funds at Funds at 702. $ 825.00 to Kitchel Realty - Settlement Settlement 703. Commission paid at Settlement 1,650.00 704. 800. Items Payable In Connection With Loan 801. Loan Origination Fee 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee • 806. Mortgage Insurance Application Fee to 807. Assumption Fee 808. 809. 810. 811. - - 900. Items Required By Lender To Be Paid In Advance 901. Interest from to co) S /day 902. Mortgage Insurance Premium for months to -- 903. Hazard Insurance Premium for years to 904. years to 905. 1000.Reserves Deposited With Lender 1001.Hazard insurance months @$ per month 1002.Mortgage insurance months @$ per month 1003.City property taxes months @$ per month 1004.County property taxes months @$ per month 1005.Annual assessments months @$ per month 1006. months @$ per month 1007. ----- ------------ months @$- -- -- per month ---- ------------- -- - - - ont - - - - -1008. months @$ per month 1100.Title Charges 1101.Settlement or closing fee to 1102.Abstract or title search to 1103.Title examination to 1104.Title insurance binder to 1105.Document preparation to Thomas R. Johnson, Attorney 135.00 1106.Notary fees to D. Reed 5.00 5.00 1107.Attorney's fees to (includes above items numbers: 1108.Title insurance to TITLE USA 295.00 (includes above items numbers: 1109.Lender's coverage $ 1110.Owner's coverage _ $ 27,500.00 1111. Escrow Fee 50.00 50.00 1112. Federal Express 30.00 1113. 1200.Government Recording and Transfer Charges _ 1201.Recording fees: Deed$ 10.00 _Mortgage$ ; ReBouttaary 12.00 11.00 11.00 1202.City/county/stamps: Deed$ ;Mortgage$ 1203.State tax/stamps: Deed$ ;Mortgage$ • 1204. Tax Certificates 30.00 1205. ---- 1300.Additional Settlement Charges 1301.Survey to Shanks Surveyors -__ - 500.00 1302.Pest inspection to 1303. 1304. - -- - - --- -- 1305. 1400.Total Settlement Charges (enter on lines 103,Section J and 502,Section K) 566.00 2,206.00 I have carefully reviewed the HUD-1 Settlement Statement and to the bes y 4owledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account y e in this transactio f certify that I have received a copy of the HUD-1 Settlement Statement. Dart' s - - r - - _ Gloria Ann Pitts O� . I � Borrowers • Sellers Pearl Arnold Van Winkle The HUD-1 Settlement Statement w ' ave prepared is a true and accurate account of this transaction. I have caused the fund be disbursed in accorda ith this statement. 77. (4) ett ement Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U. S. Code Section 1001 and Section 1010. • 1251 Prepared by the State Bar of Tesas tin u'.e hs Ia%%)er, Revised 10-85. o t 1141,.E�;,J. G.F. #87-1544 / FWD WARRANTY ARRAN H DEED Date: lung 26 , 1987 Grantor: DARYL K. PITS and wife, GLORIA ANN PITS, (as to Tract 1) and PEARL ARNOLD VAN WINKLE, (as to Tract 2) Grantor's Mailing Address(including county): Rt. 2 Box 36 Booker, Texas 79005 Grantee: CITY OF FRIENDSWOOD Grantee's Mailing Address(including county): 109 Willowick Friendswood, 'texas 77546 Galveston County, Texas Consideration: Cash and other valuable consideration Property (including any impior;ments): (.SRR EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES) AND ALSO EXHIBIT "B" Reservations from and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements. 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 context requires,singular nouns and pronouns include the plural. • • /J\ — DARYL / PITTS V_ 4d, GLORIA ANN PITTS • ARNOLD VAN E tAckno ledymcnt1 STATE OF TEXAS 'OUNTYOF1E9TON ,y. •'•;it ei l/ acknowledgedon the , TX of ( C>t.: This instrument was before me day . 19 87 • by DARYL K. PITTS and wife, GLORIA ANN PITTS. .,11, ; •,•' . df� 4.'i,, Notary Public,State of Texas Notary's name(printed): MERRY ALLISION tI..3ry Pier:ir.;n�i1 ate of Te- Notary's commission expires: t'; .,n c,;,r,t_ as F :2-3( l Acknos lodgment) STATE OF TEXAS COUNTY OF G JJ ,k;: ,•,..'''• ''LI This instrument was acknowledged before me on the i! day of 9<<//` 19 87 by PEARL ARNOLD VAN WINKLE , sib • 2 txm air+ee Zrt l-ttWt.*thitiettr- Notary's name(printed): - MERRY ALLISION Notary Public in the Slat,of Ter<as Notary's commission expires:My Commisracn f_epires ` __.L__., AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: G. F. NO. 87-1544 EXHIBIT "A" TRACT ONE : A tract of laid out of the Northeast one-half of the Southeast 3 acres of Lot 12 of tho Harvey and Stout Subdivision of part of Block 5 of the Friendswood Subdivision of the Perry and Austin League of land, Galveston County, Tex •,s, according to the map of said Subdivision recorded in Volum,. 315 , Page 280 in the Office of the County Clerk of Galveston County, Texas, and being described by metes and hounds as follows : BEGINNING at the East corner of Lot 12, Block 5 of the Harvey and Stout Subdivision which point is in the centerline of a County Road; THENCE Northwest along the Northeast boundary line of Lot 12 , a distance of 264 feet to a point for the Eaot corner: of the tract herein described ; THENCE continuing in a Northwesterly direction along the Northeasterly boundary line of Lot 12, a distance o2 132 feet to a point for corner ; THENCE Southwest parallel with the Northwest line of Lot. 12, a distance of 169 feet to a point for corner; THENCE Southeast parallel with the Northeast line of Lot 12, a distance of 132 feet to a point for corner; THENCE Northeast parallel with the Northwest line of Lot 13, a distance of 165 feet to the PLACE OF BEGINNING, SAVE AND EXCEPT all that part of subject property that may he within adjoining roadways. TRACT TWO: 0. 84848 acre tract of land out of the Northeast one-half of the Southeast 3 acres of Lot 12 of the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivision according to the map or plat thereof recorded in Volume 315 , Page 280 of the Deed Records of Galveston County, Texas , said 0 . 84848 acre tract of land being more particularly described by metes and bounds as follows to-wit : BEGINNING at a point in the Northeasterly line of Lot 12, said point also being in the Southwesterly line of Lot 13 in the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivi ion in the Sarah McKissick or the H. R. Williams League situated in C;alveston County, Texas; said part being S 45° E 396. 00 feet from the North corner of Lot 12; THENCE S 45° E and along the Northeasterly line of Lot 12 a distance of 224 . 00 feet to a point for corner , said point being in the North- westerly line of Briarmeadow Drive; THENCE S 45° W and along the Northwesterly line of Briarmeadow Drive a distance of 165 .00 feet to a point for corner; THENCE N 45° W and parallel to the Northeasterly line of said Lot 12 a distance of 224.00 feet to a point for corner; THENCE N 45° E a distance of 165. 00 feet to the PLACE OF BEGINNING, Containing 0. 84848 acres of land, SAVE AND EXCEPT all that portion of said property that may lie within adjoining roadways. �, F • EXHIBIT "B" / . A 1.35 ACRE TRACT OUT OF IOT 12 OF THE HARVEY AND STOUT SUBDIVISION OF PART OF BLOCK 5 OF THE FRIENDSWOOD SUBDIVISION OF THE PERRY AND AUSTIN LEAGUE IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP AS RECORDED IN VOLUME 315, PAGE 280 OF THE GALVESTON COUNTY CLERK'S RECORDS: COMMENCING AT THE EAST CORNER OF SAID LOT 12 OF THE HARVEY AND STROLTT SUBDIVISION; THENCE N 45° 00' W 40.00 r'EE1' ALONG THE NORTHEAST LINE OF SAID LOT 12 OF THE HARVEY AND STOUT SUBDIVISION TO A 1/2" IRON ROD SET IN THE NORTHWEST RIGHT-OF-WAY LINE OF BRIAR- MEADOW AVENUE, SAID IRON ROD MARKING THE POINT OF BEGINNING OF THIS TRACT; THENCE S 45° 00' W 165.00 I'EB;1' ALONG THE NORTHWEST RIGHT- OF-WAY LINE OF BRIARMEADOW AVENUE TO A 1/2" IRON ROD; TI is r N 45° 00' W 356.00 FEET TO A 1/2" IRON ROD; is • N 45° 00' E 165.00 PEET TO A 1/2" IRON ROD bET IN THE NORTHEAST LINE OF SAID LOT 12; THENCE S 45° 00' E 356.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.35 ACRES OF LAND. • 01-0b-85 ONE TO FOUR FAMILY RESIDENTIAL EARNEST MONEY CONTRACT (RESALE) ALL CASH, ASSUMPTION, THIRD PARTY CONVENTIONAL OR OWNER FINANCED I ' PROMULGATED BY TEXAS REAL ESTATE COMMISSION NOTICE:Not For Use For Condominium Transactions I PARTIES: Daryl Pitts, Gloria Pitts, & Pearl 'Van Winkle (Seller)agrees to senardaxuveyto City of Friendswood, Friendswood, Tx. (Buyer)and Buyer agrees to buy from Seller the property described below. 2. PROPERTY:14 Out of E part Lot 12 _,41?5,4 Harvey ,& Stout S/D, 1_ VIRII acres _ Addition,City of F riendswood. Galveston County,Texas,known as NE corner. D r is rmeat iw & City Arena D r, (Address);or as described on attached exhibit,together with the following items, if any:curtains and rods,draperies and rods,valances, blinds, window shades, screens,shutters,awnings,wall-tq-wall carpeting, mirrors fixed in place,ceiling fans, attic fans, mail boxes, television antennas, permanently installed heating and air conditioning units and equipment, built-in security and fire detection equipment, lighting and plumbing fixtures, wales softener, trash compactor, garage door openers with controls, shrubbery and all other property owned by Seller and attached to the above described real property All property sold by this contract is called the"Property". • 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 27. 500.0Q B. Sum of all financing described in Paragraph 4 below c C. Sales Price(Sum of A and B) $ 27..SOO OO 4. FINANCING:(Check applicable boxes below) Icv A. ALL CASH:This is an all cash sale;no financing is involved. O B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien prommssory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Buyer's ftru installment payment being payable on the first installment payment date after closing,the assumed principal balance of which at closing will be$ (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable to in present monthly installments of$ ,including principal,interest and any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,the assumed principal balance of which at closing will be t 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 a;aunt greater than 5350.00 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 t in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(1)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,exauirss the notes and deeds of bust to determine the possibility of future adjustments. , �_„�,,.. -- -- .. ..........�...:.....,,,-_ ._...___ .--_, _ - _-._,—.....--.�--.»-....,.,.a+e=.--.,. ..�-r.....�.�•..,..w»-tee--.- —..-� ❑ C. THIRD PARTY FINANCED ❑ I. A third party first lien note of a due in Lull in year(s),'payable in initial monthly payments of principal and interest not exceeding s for the first_ year(s)of the lean. ❑ 2. A third party second lien note of S ,due in full in year(s),payable in initial monthly payments of pttrt,ipal and interest not exceeding$ fir 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, sonic have monthly payments which may not be sufficient to pay the accruing interest, and some have interest rate "buydowns" which reduce the rats of interest for past or all of the lawn term at the expense of one cc more of the parties to the contract. I ' • D. TEXAS VETERANS'HOUSING ASSLSTANCE PROGRAM IA kN: This contract is also subject to approval for Buyer of a lbws Veterans' Housing Assistance Program Lout (the Rogrem Lows) in an amount of for a period of se least _ years at the interest rate established by the'boas Veterans'Land Board et the time of closing. ❑ E. SELLER FINANCED:A promissory note from Buyer to Seller in the amount of S.__ ___.._, beating 9b interest per annum, and payable: ❑ I. In one payment due .after the date of the note with interest payable ❑ 2. In installments of t t ) including interest [ ] plus interest beginning ' after the date of the note pod continuing at intervals thereafter for - ruts)when the entire balance of the note shall be due and payable, 3. Interest only in installments for the first_ year(s)and thereafter in installments of S _ [ I including interest[ i plus interest beginning rafter the date of the note and continuing at . intervals thtreafter for. ... year(a)when the entire balance of the rote 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 noticef of disapproval of Buyer's credit is rat given within 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 note may be prepaid in whole or In part at any time without penalty. The lien securing payment of such note will be inferior to any • lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title lnsursnce is furnished,Buyer shall furnish • Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or note holder's approval of Buyer for assumption and waiver of the right to accelerate the note within--- days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when - Buyer has satisfied all of lereier's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within _ !lays from the effective date hereof,this contract shall terminus and the Earnest Money shall be refunded to Buyer. 5. EARNEST MONEY: $ 1. OQf) On is herewith tendered by Buyer and is to be deposited as Earnest Money with Title U S A- ,at711 F- Parkyttood Dr__ F.riendgwpod. (ems), as Escrow Agent,upon execution of the contract by both parties.0 Additional Earnest Money of SILO t app shall be deposited by Buyer with 055 TREC NO.20-0 PRINTED 8Y HOUSTON BOARD OF REALTORS _x It tit the.J:.HT 2 2 re ITU3 t)r pub 1001114a1:?I1!i 1u4of44pa PN but4.t��.+`aiNr�H114!(4 u#Ilm 1 +HV I0414ua y1f a'Fe111.14 9 Jlulhr ''ti asti+ ' x 4'4144'U 4111fi1;t• 'a++ila+N atp 00a14u104 pup supl4• r-+ .7}41 t ;1 1%; !eon Oi 1101d a,xt fl1 ;ut4nll 01 p 11111.1 °vq1 40004 11003 Mil 44111q .,'3a1 ;ttP 13"111141 rig('11rp dulls"a pap41al13 tell k, _ Ali 4r 'i.u' dRw.}spume) pom! ulxlta NI Pi/'a4ue1 a41 alna Pi P411144t0 441114+011 q4 WI r1Ap 141 411 ua:uu,4411041 40111iI tPM1111 Mf iOttiMimo r11,Jl aalipicol 4 ' '(4)40141111 1441411114 •4n1 uI wwogo papal,)r1p41 u1414 4011upl1d1ar1 to laafuna aq(au ppuuo 4a11414 1111,E 04i(1141 blimp is paluoraldrl Fallow imp pu1n1a4d 4I14 unlaUAa p41 14M 11 '1U/1513 pi 144 1n lI 10411i na PV14n 11d 1I 1uau;114u4un)19lt4-au)1 401IAp 01 RNclllaafg0 Paill4M KIM p4 aR1lAA psis"1Na14111u1141aa 4a111,10 i 4isasr 4 10 a p Id)a^U 0A04111+4s*Oa '1401 a1a posololpun disnolsw Hans Atis of 41PitaafPp 1114 4o411111 '04101101100 OUP(`l bAli 11,01 I►moue((.l 4dn4u41 11) tg4uih sci-qns ul pa11a41 4pu 010 1411001114a0 Ham A411oala 114041n30P 441 dP 1al40a uppdal pu14usu1111uwaa as14*4ng 0140Apap 404*4a1104 IAnniaul lkl 411441111(1)440140.1141-444 41 WO pxlta04 Imp PIT aa41P r!1a11daa1a ni laafgn'am I(!M Aal N 0114 a41.4 •a111(Pl ruanaafg0 P4►1A a4 IN Ilay1 403*0U4411 ulupt pus"palq 041 ul ps1111i4ad 111011411344 1d111una 1i41 Ja!WA 041 44 paplu00 luu144aaaa$4 0 40*UPIIIMrla4(p)pup pod a 111 diadlmsl 1141 43aII4M JP uo!**1k1pgn1 p0l$tid OP 01 4041414Pd 1111a4un1114111nn(4)4011110144Pa 4Ia1 141-1 1 41llnaas 1e pawns»1p po pus"1ua1)(4)41014111vPd ul tp1WaA JO'14A11 IV) caul0UI(t*n 041004 pot d_ul�y�1Inq 0u111111(p101411atI 0 40 adpin purl tit adur4a a a)*Pp ad VIA 4 4 u'n 14aawo luanPospnl pm saes4 IuanbMMgns put Iuallna a41141J 5olp 1f)tluaru1A4+1H411 JP 11u14141►14M0 441 40'111414114411(41340 cus 4P'11111 Aa1punal110 1104 ul 1110141411 40 1101U903'101200*I41114 Rut(]?)44014 a41 dun lUI 144'44401 MI1;141104(1)P1 4(up Id.n1 alglsagispul pus pool aq n)01411 1,4441 aa14ta1014►104'+ 4111M 0011(141 'p44ilueu sI 4*1lM spu.1.41 '4 •ptiume4we ad Imp) 1I1s p an 1mm11ve ► ��a1o"1 41uo )opp a stoonaafgp Au,duns;o 41411p4 Pi uniul4P Pp111,4Rflp11s du)u1tu11r11 1141 do OA 11ani1rP at 1 V a1e)du10;J0 1ae#1 JO Poo 4ua1J t$ (all 44o**;M04 11141404110 '4anro4$lop r+11aa,41 A41410�)141p CPO41t1I 1 u1411M turn'al iawll4V alopoolmap Ilr°4r 11111r4 p04tp ► 1II 1*04141.4`I ' 't+l 'pli!)00 A►A p04J14ttn111 0.1 111710 p 4411(pld 0011$11P8111,S11114 1111119I111 al of 1114011 J}„' Illy EQ t110 4441 p111tud ail I14 1 lop 1 M to Ind;II 40*INM VI 0)4009nda q 4a►411 put viol pomp Alut,oa*n!d n peav mom ►►q mon ►4"p toortul illull'11a*u pawn pled a4d,Hurl p Mk(0044e11 441 4 0 1111/01 'rall 034*1411411414'p1u11 '(uanda t,a.4n4a))1)IM41t1141111 Nimni pill Ra11 item,I0NQid&VW)0W 'dt tl d.{de.16e1ed e;..t$0 Haas"49d111 _ 40144101411011iti " A(4"'�i 1u"iauui 4 irA�av4lia 4 pp4 i pi P041*10 vital + I Pp 1 snot*S 4"Au I1 'N I.L glde.l6e.aed was vaunt PI maw op,opullad 1Mu11rltt4l 14111nt41,1u11101 q ep11p1, 44110101003 o 4411 pus moo tilp JP 1141114*0441 1p411P lapun 1a44no 4q pet aq 4N popiw1i11 1A111Ptin 111u14a4 4 4l 4K444 11NU J41 OoOr o)11>4A1 ql l (()aua 44 t1ua1M11ng11p 11 alrp 411041 rwau I14$wW 111u411111111) 414111041 11i1 ua 1111101111 111110Rit1Nn 1A144a4141ao4A01 motor P111 nn►►I 1110 'nun1uliud eautun,UI try 1gladr0 0Ms"/1 plinkaa 4u111au11Mu4 paal►4rll put pogo gmrun1►upld pwlnMu 4411004 Nona Ain 4 !owl*'s1Mda1 1f paJA >MIp1*4 II1i4L t,i11a1140p4 11ua1ua11a pup 11K1p0W)n1 J0 tgdaa't*i11111p10011 Krnrnl'siuw11naop 1400)Jolla pu11rn11 Ja poop you hoo Jo y0)111nflo4' s)(1J1t0a1 Mau al 1{0111A11►M41a4Y11004 uo id1Nntn ula)Rut p411 minimal Panful nful'Mum 1114)dfl 1ng1 Iu44K4rpN441t1 put Y0)1t4)141 'tIetr14144V i111a1/41p tl*knl 'a • 'l l yde.16e.ied aaS '10110100 1)41 J0 tua)t)a0►d PIM apt min 44 prod 14$p1t(i )t t/tu444t1 atmsI* tlop141141*d 1u1a1aad a3u11II11V $u)rno ,lotPuto t out), Au1 111P11d411nn1 wool al pm Ja PMP 'Fur 40 IpWIw put ampadoid lop JO 11p41A1ld1Jd Illy **1st Rue 1n 1,1 I11ua41a1111 n1 Isespop a duip40s04 put lino(tour Rupidepi410 alga 1n11'010'010 r prod'viol!Ppr)1/hi Pa tglrurd powitdolii iletu0404 t,Jrlial a 'a044440 ual 1111 Add 11140 J141n 1011 iI MU 141 Ald I)r411adnq 40I4M 1W IngulT MI (1 p1ooroA MW 114i4r 1INIJ woolgn,4o1 put W0'0 1301 t441a Mal RI '1 "Mt.,!Ititi 111 N P4114 M 11t4ir 104 rrl/adde 4ro1 'V IQN11013 01 MOW VO.LV 14IV3 N#01W VIOL i1SNN!lalli11111V1 '1;I •pailsap J! Aan.lns pue 'wad MoJas_I AuedwoD anal all '509d6u1P.1030):1 ':.49An9 •wad Moaas3 AuedwoD awl ay} pue 'saaj 6u)p.loaaJ 'sa1e3!J(iJap xel 'uoissiwwoD sales 'AD!Iod awl sl.laUMO 'paaa A;ue.l.lerM le.lauao %laps :sMol(oJ se pied aq !legs slsoo 6u!sop 'Zl gde.l6e.ied ui A.ie.J4uoa 6uo1.4*Ale 6uipuelsyf!M1oN1 ('r4r1 rl4)01 I1400111d►1110)10 n i114wPah11 WS0*t1 Boot$$ )Mut)14t40t13,'W 41V1 t1 n iurull . •Paorput►41t1Q/11s trip Ilalnpwlarp inn row mea41 RQ pM/1lnwaad 11 SIIP ! Ilp1N'" uQ 1,►NM A MelR1u*P1f11i r,a tn1i 141 Rq puppy?),tan sl 1o4(11 ildala JalJ'ulN1 as of Jaime' s4nq Rq palmnod 'piMarova LIE pia as* 4au,pao ouS 4 w(peArbss a*Pm* tll u1 16.11aS Aq �pur1 j Jo 1dia39A Fro ISAnl al Palo+llIP al HIM�lalday ter10 t11,J,iN011117410 '01 'Ploy Ino44IM Puy xIIIRIPTIPIwt 91 4dIAu4N u1 pwilluao IMMIX)PP Iltuna a!4.444101 M PIP hand t114)1 I4.41au 1gI1'o110 h)1ol e44141 I)1$1111*sop al InvRued au(11.J1 .ttu0w4u1n i1/a1 wlidwao al RJ4t11Nwl J)t4tp(tl)MIA)01 do 4)1Ip mom ad help n(A 1u1*n(0 IRO I,444*J 01 1Utnund palrlgo wag ley)AOJddo uopdumlla JO*u)3u1411J 11'1M$M044 t(aha tultot3 t41)mill II pip awa4ol44'91101a INnq tom a4 1410po1*0 JAJ1/'b'p (L)%Aa1 ul41!M J0'L8"(41 ' 6 l aun 1 Pcooq Jo+ta tq ttr4t Irt tqt p t111010 aLL 10.41i013 '6 'epaaood ton ay4 441eu1 Ml p11a agora tuptl't Add al pclouip pn pa4+o44n111 watt/ s.orng jail*(put nvaig 11.41111 uusAMag luawa,h wends" maze Al psupoedt$04 tql 41g tuptl•1 Od 01 Fora Mtn 'WON Paved,a4*1a4(a0 na<an tallos lusgudu Js11w0.03 An pY/'mom lupin,.._ s a!1.t aC10 I d AlltLIT14 Titwi L119"0103 't 1=1400 11410i lu1nund vow egodu JU t)sopsedtul Jq4 Rliiig111 Jo R1ltlglsuodnl on sosq ewr;aotn.1st put(Iplerati yJ�u palo)dwoa ap Tim ern e41 etola CO WPM*e,ar(ne aq 01 peusap/v il*O PsP1Ao1d MOO/4P u1y11M 4+onoale Vow mill to Wog J0 tuop13 'aa1Jd tc415111110 luoarod(S)on1J pooaxo 1a441 urdeu Han/Jo isoo w(1 Aul at 1UMa0ultlIM',Jt411s Jo J9Rng t1U410u JIrd JOJ,taJtp(f) aa141 u1414n+uflU.3$a s!yi 0 p0U HIT Jatng Jatng rn papunjIIl aq It'l' 4ouoW'sown a441 put Lin o411u11/uluuel JO'what pw +now all 4114‘efa/41 Sump Jo uando ay1 9Ae4 II'9'lang ''J4tdu yang Jo 110011y1 Xoci o1 tssuls aortas put 4uodoJJ!a41 Jo 1014d urn r44 Ja r=swod(S)1AU Polo III*alas"J4►deo v41 J) woe os InP11n111 eq IMP Atari is011.101 pue 01111 4w31 I1141 1:104400 1141 '1441d01 P+1IW11 01 44i* otluetdoa3o t,Janng 1IQ1440J1 u41deJ pa)nbu arum 1t ansmoq tpinpy31 ne poop eq ally' ors am put'Ueda.potful!'a1I upon RI1ad0td o441 Idoon w Uop3o41 t,JaAng oq to pump aq Imo P5P400td mug Iy1 u!411M uap0sto Rant s1(1W o1 Jo4n Jo*INN •15301M yang Rid 0t ItsnJ1J s,JallaS Jo Jatng salJitou 1311*S 1o1,4e 141Y1)(£)00011 10.101M u011oor 114 1041w 14041 latng '101 01 plpunja 1q 111111 Ralopi ttautg 141 Pit l.30Jtu00 t!ql aleu!ttuat Raw Ja4ng (E)JO rpuo' Rq pa1!nb31 OJi siredal yaps halloo urdal Paltull 0111 NIM R1ndo0d 141 1dsoos(t)JO 1e00 rtl0!1!pp au)44td (i)kiwi JaRng '110310 Lions'Ord 01 yasn43J Dips put tunowe po111t oy1 p000t o fpM woo Jrdat o41 Ji 'Fret 1+P Jo vomit]o41 watt P)Id ales/41 pit po!.paadn amount ay1 01 do ono!!ag ltt4'10l13S put os op Atli'Jane'u!tdal Lions alatdwoa o1 st!11 nips Ji' a po00x4 101,1 11141 otewep altutrol as"►r, !sdatporA Nenvittuer'itwdarot!1.Psig1nt Ie 1;10115V ' � (Halal Lions a1o1d4tl ue JI 'wnpuapPV 1100i4UO3 4110d01/41 0y1 put lapuoi Alt '1?aJ19oa a411 Rg 131'PS J0 Pat4nbal mammon alivalal put undal o0u0110410a 11441 101iaS 1lJod61 u0naadtu!pus ormaid6de 1104 lr J0 td)IOJJ 2,1a4t1S 410 wa/ay pa43ou/ulnpuoppy uonlpuo3 Ruadald an pue lopttol Rut Rq pa1(nbat urd*J put 0041984101 s1114nboa ao4rtq 'g 0 5`IToi Ida)Xa ou pug uledau pa1!nbal lapuai Aug 01 Rluo Pqqat'►o14ip 03(Pasta t11 ul£p$dm14 all tOko0*Ps 'V (8 Ji V' 13)'No11K NO3 A1113401M 't 404J11!a ay1 Jo ccaupoigapul papuoq iwt mu eel a41 01 Ou11110J J3110S wo1J 2190u tio11ne11 ay1 a?pa!Moutpe pug ups o1 sang op ta!nbtJ :WO lam*s^tiol. lot OS un!laas •l30y!(1.(win!)g u1 p3ltnns It 4uadoJd ayl Ji •Sulsop3 of Joud Jo 1g a)!04o s,1a(ne jo Ammo ue Rq pow!alxa eq wogs typos 1lualu outUo.)3Li1)a3usunsul a!1!1 Joi 1Ual01lwluoJ t utrtgo mays J34ng •paupogo aq 01 s!)(allot op!!t Ji •KopoI ap!,j,1 U1110o JO y1'M potputt1n4 oq P4n0y'Jal(n4 Ja'u1:4133las s,Ja(n4 in 431U0111 ut paUlturlo 414 d014 341 Nuucaoa 13MJ1sgV ur ane4 map 1a4n1 11y1 1a4ng 1as!npe Ja10.11 'ton AEI 03111(163M SV;W1Af143 CiNV 2191-13S QL 3JI!0N '(1o/nsgy rluauaiddnS)area du!sol0 ay1 01 patuotuatddns(r)pus(1,1J1sgv alaidwoa)01411103 s!41 Jo altp an11a3JJ3 ay101 41u0!0Janos 0y1 wag(I)XtroduKso ial itgt tit Rq poulu0J an Jn+13$'J114V .9 240:twsop tall*Jo 1 WO put$34.4d 11111 141 01 10411111 441 ui •xl pooMspuallj •d•J•n all'. L Xq pansy!(X3!lod atg1,a41)aouelnsul a41t1 Jo Ra!IW s,Jau,n0 'V gI ;J31J113 atuadis s,n!IaS 11 JadnR of l4S!w0J 11r4s laiiaS:31111 '9 ._61 ,_ uoJaq i'uu Magi,/ VS' R $(' 0+4L aftld—13J1uo3 know ls'sownIi!tuap!su RI!w13 in0{of'awp • SLilo: �, ,., . . `i. Ono'ib Four Family Residential Earnest Money Contract concerning rue Throe 02-08-85 • (Address of Property) 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 arid deed of trust liens. A vendor's lien and deed of trust to secure any assumption shall be required,which shall automatically be released on execution and delivery of a release by nteholder. If Seller is released from liability on any assumed note,the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed,note(s),deed of tress or deed of trust to secure assumption,forms prepared by the State Bar of Texas shall be used. 15. CASUALTY LOSS:If any pan of Property is damaged or destroyed by fire or other casualty loss,Seller shall restore the same to its previous condition as soon as reasonably possible,but in any event by Closing Date. If Seller is unable to do so without fault, Buyer may terminate this co ntrect and the Earnest Money shall be refunded to Buyer. 16. DEFAULT: If Buyer fails to comply herewith. Seller may either (a) enforce specific performance and seek such other relief as may be provided by law or(b) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required, to(a) make any non-casualty repairs or(b)deliver the Commitment or(c)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 tc comply herewith for any other reason, Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(b)terminate this contract and receive the Earnest Money,thereby releasing Seller from this contract. 17. ATTORNEY'S FEES:Any signatory to this contract,Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover cowed costs and reasonable attorney fees from the non-prevailing.pally. 18. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a)is not a party to this contract and does not assume or have any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money(c)is not liable for interest or other charge on the funds held and(d)is not liable for any losses of 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 documents described in(b)above,then such signatory shall be liable to the other signatories as provided in Paragraph 17.At closing,the Earnest 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 Earnest Money under this contract shall be 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. 19. 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 Property which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by Buyer and(h)assumed loan(s)will be without default.If any representation in this contract is untrue on the Closing Date,this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All rppresentat.iuns contained in this contract shall survive closing. 20. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda wtticb are a part of this contract are(list): None 21. NOTICES:All entices shall be in writing and effective when delivered at the addresses shown below. 22. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice. This is intended to be a legally binding contract.READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S.currency in connection with a real estate closing. If you do not understand the effect of any pan of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATflORNE1f Y _ W _ _ AT' • • EXECUTED in multiple originals effective the , day of May , 19 .(BR R:FILL IN THE DATE F FINAL ACCEPTANCE.) %2-) Buys • Seller Buyer Seller j'e 2 ? Zo,(02, T 866 -515/e4 Buyer's Address Phone No. Seller's Address / Perim No. ACrREEMENT BETWEEN BROKERS ,e ,7//,/ =;47 Listing Brooker agrees to pig K i t c h e l Realty ,Co-Broker, a fox ofthree percent of the total sales price when the Broker's fox described in Paragraph 8 is received.Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee at closing. ��qq K itchel Realty . /5' ? ' "[/ Murphy Pro a ties 1541774 -- Co- „1_ License No. Listing B r License No. By. By: zl l Fr endswood Crossing, Ft•iendswood, Tx. PLO Box 337 Frienricwrv�rl, fix. Co-Broker's Address 7131482-4322 - - Pierre No. Listing Boer's Address 71 3/482-1100 Phone No' EARNEST MONEY RECEIPT Receipt of Earnest Money is acknowledged in the form of Escrow Agate: --*-- By: Date: _ —, IA_. The form of this contract has been apposed by the'texas Real Estate Commission. Such approval relates to this contract - form only. No representation is made as to the legal validity or adequacy of any provision in any specific transaction. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (02-85)TREC NO. 20-0.This form replaces TREC NOS. 1-1,4-0 and 6-0. 0 5 5 vf'•1�►4t `4*Z, RALPH�OWE ''�E,: t• ?� eLLa9LEjzcticLrood• ANNETTE A.BRAND of City Manager � .=�� '•`••`" H Councilmen � d 109 WILLOWICK 7131482.3323 JIM HARRELL JAN JORDAN `► i FRIENDSWOOD, TEXAS 77546-3898 PHYLLIS J.LEE EVELYN NEWMAN NA, 1r JOE D.PRIHODA 4, It' ROBERT WICKLANDER = i. .z DELORIS McKENZJE CMC City Secretary LETTER OF INTENT The City of Friendswood wishes to express it ' s intent to offer Daryl and Gloria Pitts and Pearl Van Winkle , the cash sales price of $27 , 500 for purchase of : East Part of Lot 12 1 . 3484 Acres-Approximately 165 x 356 feet) Located in the Harvey and Stout Subdivision Galveston County, Texas The acreage is divided by . 8484 acres being owned by Pearl Van Winkle and . 50 acres being owned by Daryl and Gloria Pitts . The City of Friendswood guarantees the closing will be within 45 days at the convenience of the seller , if offer is accepted . Please return the executed Earnest Money Contract along with the executed letter of acceptance . Cfi TE BY: CITY OF FRIENDSWO D , T %AS Dart' Pi is Mayor Ra ph Y p L . Lowe April 29, 1987 Gloria Pitts �// ��� Pearl Van Winkle r WAIVER OF INSPECTION Friendswood Texas -- --- City ---- State 'Title USA Friendswood, Texas Gentlemen: In consideration of the issuance to us of your Policy Serial No. 87-1544 for $ 27,500.00 guaranteeing that title to See Exhibit "A" Attached Hereto and Made A Part Hereof For All Purposes as described in deed of even date herewith from Daryl K. Pitts, Gloria Ann Fitts and Pearl Arnold Van Winkle to City of Friendswood is good in Grantor subject to the terms of such policy, We hereby waive inspection by you of such property and accept your policy subject to"rights of parties in possession," and those under whom they hold, such possession to include any open acts or visible signs of occupancy, and any visible and apparent roadway or easement over or across the subject property, if the occupancy, possession, or use affects the premises upon which you have issued such policy, and take it upon ourselves to inspect such premises and to obtain possession thereof from the present occupants. Very truly yours, City of Friendswood 51-A Rev.3-81 (10M 3-85) }• /, • ilt' 'r r Yy ,G. F. NO. 87-1544 • EXHIBIT "A" TRACT ONE: A tract of land out of the Northeast one-half of the Southeast 3 acres of Lot 12 of the Harvey and Stout Subdivi ion of part. of Block 5 of the Friendswood Subdivision of the Perry and Austin League of land, Galveston County, Texas, according to the rap of said Subdivision recorded in Volume 315 , Page 280 in the Office of the County Clerk of Galveston County, Texas, and being described by metes and bounds as follows: • BEGINNING at the East corner of Lot 12, Block 5 of the Harvey and Stout Subdivision which point is in the centerline of a County Road; THENCE Northwest along the Northeast boundary line of Lot 12, a distance of 264 feet to a point for the East corner of the tract herein described ; THENCE continuing in a Northwesterly direction along the Northeasterly boundary line of Lot 12, a distance of 132 feet to a point for corner; THENCE Southwest •p,- rallel with the Northwest line of Lot 12, a distance of 169 feet to a point for corner; THENCE Southeast parallel with the Northeast line of. Lot 12, a distance of 132 feet to a point for corner; THENCE Northeast parallel with the Northwest line of Lot 13, a distance of 165 feet to the PLACE OF BEGINNING, SAVE AND EXCEPT all that part of subject property that may be within adjoining roadways . TRACT TWO: 0. 84848 acre tract of land out of the Northeast one-half of the Southeast 3 acres of Lot 12 of the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivision according to the map or plat thereof recorded in Volume 315 , Page 280 of the Deed Records of Galveston County, Texas , said 0 . 84848 acre tract of land being more particularly described by metes and bounds as follows to-wit: BEGINNING at a point in the Northeasterly line of Lot 12, said point also being in the Southwesterly line of Lot 13 in the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivision in the Sarah McKissick or the H. R. Williams League situated In Galveston County, Texas; said part being S 45° E 396.00 feet from the North corner of Lot 12; THENCE S 45° E and along the Northeasterly line of Lot 12 a distance of 224 . 00 feet to a point for corner, said point ' being in the North- westerly line of Briarmeadow Drive; THENCE S 45° W and along the Northwesterly line of Briarmeadow Drive a distance of 165.00 feet to a point for. corner; THENCE N 45 ° W and parallel to the Northeasterly line of said Lot 12 a distance of 224.00 feet to a point for corner; THENCE N 45° B a distance of 165 . 00 feet to the PLACE OF BEGINNING, Containing 0.84848 acres of land, SAVE AND EXCEPT all that portion of said property that may lie within adjoining roadways. • Title USA Insurance Corporation/1301 Main St.,Dallas,Texas 75202 Texas State Board of Insurance Promulgated Form T-1:Owner Policy of Title Insurance—Schedule A 100TX-A(Rev.7-80)40M1085H EXHIBIT "A" A 1.35 ACRE TRACT OUT OF LOT 12 OF THE HARVEY AND STOUT SUBDIVISION OF PART OF BLOCK 5 OF THE FRIPNDSWOOD SUBDIVISION OF THE PERRY AND AUSTIN LEAGUE IN GALVESTON COUNTY, TEXAS, ACCORDING TO THE MAP AS RECORDED IN VOLUME 315, PAGE 280 OF THE GALVESTON COUNTY CLERK'S RECORDS: COMMENCING AT THE EAST CORNER OF SAID LOT 12 OF THE HARVEY AND STROUT SUBDIVISION; THENCE N 45° 00' W 40.00 11.W1' ALONG THE NORTHEAST LINE OF SAID LOT 12 OF THE HARVEY AND STOUT SUBDIVISION TO A 1/2" IRON ROD SET IN THE NORTHWEST RIGHT-OF-WAY LINE OF BRIAR- MEADOW AVENUE, SAID IRON ROD MARKING THE POINT OF BEGINNING OF THIS TRACT; THENCE S 45° 00' W 165.00 Ph= ALONG THE NORTHWEST RIGHT- OF-WAY LINE OF BRIARMEADOW AVENUE TO A 1/2" IRON ROD; THENCE N 45° 00' W 356.00 FU T TO A 1/2" IRON ROD; 'HENCE N 45° 00' E 165.00 FEET TO A 1/2" IRON ROD SET IN THE NORTHEAST LINE OF SAID LOT 12; THENCE S 45° 00' E 356.00 YhhT TO THE POINT OF BEGINNING AND CONTAINING 1.35 ACRES OF LAND. • • • _ a • . • • 3 724996 751 Prepared by the State Bar of Texas for use by lawyers only. Revised 10-85. 01485 M the Stale Bar 01 Te,a, G.F. #87-1544 / FWD WARRANTY DEED 0 05-33-1635 Date: June 26 , 1987 Grantor: DARYL K. PITTS and wife, GLORIA ANN PITTS, (as to Tract 1) and PEARL ARNOLD VAN WINKLE, (as to Tract 2) Grantor's Mailing Address(including county): CECEIVED CITY SECRETARY Rt. 2 Box 36 Booker, Texas 79005 JUL 2 2 1987 Grantee: CITY OF FRIENDSWOOD (,b" F 7i.ta Grantee's Mailing Address(including county): 109 Willowick Friendswood, Texas 77546 Galveston County, Texas Consideration: Cash and other valuable consideration Property(including any improvements): (S EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES) AND ALSO EXHIBIT "B" Reservations from and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements. 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 context requires, singular nouns and pronouns include the plural. 005-33-f 6 ✓' DARYL PITTS c./91 - GLORIA ANN PITTS //...;44-1/JAYI-14/ZTIZAIP ,',/j4fr ARNOLD VAN (Acknowledgment) STATE OF TEXAS . OUNTYOF £ ON *1y*'{'°-21-1 I/ / This instrument was acknowledged before me on the `1 .a day of �'1-'1 , 19 87 , by DARYL K. PITTS and wife, GLORIA ANN PITTS. Notary Public.State of Texas Notary's name(printed): MERRY ALLISION N !ary Pot;ii:it the Skate of Teas Notary's commission expires: t';;,,r=missicr,i:.pi, t a'a! +i'" lEttepeeide Acknowledgment) STATE OF TEXAS COUNTY OF . , P;holW1l '' '' This instrument was acknowledged before me on the < (/ day of . 19 87 • by PEAR ARNOLD VAN WI KLE , • a c rrperution.. PU/,C Notary Public.State of Tex . _ Notary's name(printed): MERRY ALLISION Notary Public in the State of Te•a Notary's commission expires:my Commission Expires 6 a"� AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: G. F. NO. 87-1544 005-33-1637 EXHIBIT "A" TRACT ONE : A tract of land out of the Northeast one-half of the Southeast 3 acres of Lot 12 of the Harvey and Stout Subdivision of part of Block 5 of the Friendswood Subdivision of the Perry and Austin League of land, Galveston County, Texas, according to the map of said Subdivision recorded in Volume 315 , Page 280 in the Office of the County Clerk of Galveston County, Texas, and being described by metes and bounds as follows : BEGINNING at the East corner of Lot 12, Block 5 of the Harvey and Stout Subdivision which point is in the centerline of a County Road; THENCE Northwest along the Northeast boundary line of Lot 12 , a distance of 264 feet to a point for the East corner of the tract herein described ; THENCE continuing in a Northwesterly direction along the Northeasterly boundary line of Lot 12, a distance of 132 feet to a point for corner ; THENCE Southwest parallel with the Northwest line of Lot 12, a distance of 169 feet to a point for corner; THENCE Southeast parallel with the Northeast line of Lot 12, a distance of 132 feet to a point for corner; THENCE Northeast parallel with the Northwest line of Lot 13, a distance of 165 feet to the PLACE OF BEGINNING, SAVE AND EXCEPT all that part of subject property that may be within adjoining roadways. TRACT TWO: 0. 84848 acre tract of land out of the Northeast one-half of the Southeast 3 acres of Lot 12 of the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivision according to the map or plat thereof recorded in Volume 315 , Page 280 of the Deed Records of Galveston County, Texas , said 0 . 84848 acre tract of land being more particularly described by metes and bounds as follows to-wit : BEGINNING at a point in the Northeasterly line of Lot 12, said point also being in the Southwesterly line of Lot 13 in the Harvey and Stout Subdivision of Block 5 of the Friendswood Subdivision in the Sarah McKissick or the H. R. Williams League situated in Galveston County , Texas; said part being S 45° E 396. 00 feet from the North corner of Lot 12; THENCE S 45° E and along the Northeasterly line of Lot 12 a distance of 224 . 00 feet to a point for corner , said point being in the North- westerly line of Briarmeadow Drive; THENCE S 45 ° W and along the Northwesterly line of Briarmeadow Drive a distance of 165. 00 feet to a point for corner; THENCE N 45 ° W and parallel to the Northeasterly line of said Lot 12 a distance of 224. 00 feet to a point for corner; THENCE N 45 ° E a distance of 165 . 00 feet to the PLACE OF BEGINNING, Containing 0.84848 acres of land, SAVE AND EXCEPT all that portion of said property that may lie within adjoining roadways. EXHIBIT "B" 005-33- 1636 A 1.35 ACRE TRACT OUT OF LOT 12 OF THE HARVEY AND STOUT SUBDIVISION OF PART OF BLOCK 5 OF THE FRIENDSWOOD SUBDIVISION OF THE PERRY AND AUSTIN LEAGUE IN GALVESTON COUNTY, 'TEXAS, ACCORDING TO THE MAP AS RECORDED IN VOLUME 315, PAGE 280 OF THE GALVESTON COUNTY CT.FRK'S RECORDS: COMMENCING AT THE EAST CORNER OF SAID LOT 12 OF THE HARVEY AND STROUT SUBDIVISION; THENCE N 45° 00' W 40.00 FEET ALONG THE NORTHEAST LINE OF SAID LOT 12 OF THE HARVEY AND STOUT SUBDIVISION TO A 1/2" IRON ROD SET IN THE NORTHWEST RIGHT—OF—WAY LINE OF BRIAR— MEADOW AVENUE, SAID IRON ROD MARKING THE POINT OF BEGINNING OF THIS TRACT; THENCE S 45° 00' W 165.00 FEET ALONG THE NORTHWEST RIGHT— OF—WAY LINE OF BRIARMEADOW AVENUE TO A 1/2" IRON ROD; THENCE N 45° 00' W 356.00 FEET TO A 1/2" IRON ROD; THENCE N 45° 00' E 165.00 FEET TO A 1/2" IRON ROD SET IN THE NORTHEAST LINE OF SAID LOT 12; THENCE S 45° 00' E 356.00 FEEL TO THE POINT OF BEGINNING AND CONTAINING 1.35 ACRES OF LAND. 5 i ATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed on the date and time stamped hereon by me and R5--COp was duly recorded in the Official Public Records ,. FOR of Real Property of Galveston County Texas,on � \� JUN SO 1987 JUG+3 - . CrIL ST , ti z • ,.,,,,,i COUNTY CLERK GA VE S ;a!,,' GALVESTON CO.,TEXAS 400 Mop`I ,S�PRE 621 ..�f N SQU 7550 , F,`vEs-�pN,1X• GN Gf7- isi5,/,,,,,,z ' ' 8724995 BOUNDARY AGREEMENT 005-33-1630 THIS AGREEMENT is made between Daryl K. Pitts and Wife, Gloria Ann Pitts, hereinafter referred to as "First Party," and Pearl Arnold Van Winkle, hereinafter referred to as "Second Party," and Marvin F. Clark and Wife, Norma Clark, hereinafter referred to as "Third Party." WHEREAS, First Party is the owner of certain real property located in Galveston County, Texas, more particularly described as follows: Tract One as described in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, Second Party is the owner of land adjoining that of First Party, located in Galveston County, Texas, more particularly described as follows: Tract Two as described in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, Third Party is the owner of land adjoining that of First Party and Second Party known as Lot 13 of the Harvey and Stout Subdivision of part of Block 5 of the Friendswood Subdivision of the Perry and Austin League in Galveston County, Texas, according to the map as recorded in Volume 315, page 280 of the Galveston County Clerk's records. Said properties are depicted on the Shanks Survey dated June 15, 1987 attached hereto and incorporated herein as Exhibits "B" and "C"; and WHEREAS, the parties are uncertain as to the exact location of their common boundary, which separates the aforementioned properties, NOW, THEREFORE, in consideration of the mutual agreements herein contained, it is agreed as follows: 1. The common boundary between the properties of the parties is hereby established as described in Exhibits "B" and "C" attached hereto and incorporated by reference herein. 2. This Agreement shall be binding on and inure to the benefit of heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument is executed on June 24, 1987 . Daryl K. it • (..///'" -, C:%. 44"; Gloria Ann Pitts (/'4 .e!(, GS�'Gs� l/ya/Iz „, Pearl old Van Wi //r7 in F. Clark grvoiw - ei-c2,7_4_ Norma lark • 005-33-1631.. ACKNOWLEDGMENT State of Texas County of Ca1veston This instrument was acknowledged before me on June 24, 1987 by MARVIN F. CLARK AND WIFE, NORMA CLARK 1 * ice �--) i taffy lic t t,e-•. . My (?ate issio, Expi s 1"J%- th.cvalAil Y.OUtIu (i,:.Glr, r1C44 e..Utik. iq"& for'Harris Court',I.t,,`t35 STATE OF TEXAS COUNTY OF / This instrument was acknowledged before me on ✓ 1 -26, /9/7 by Daryl K. Pitts and wife, Gloria Ann Pitts and Pearl Arnold Van Winkle. s NOTARY P BLI(ZI m MY COMMISSION EXPIRES 4 -.7 49 MERRY ALLISION Y Notary Public in the State of Tea My Commission Expires 6 �" =U� rrOR RECORD uii, 30 a z, , i 717 ;J. .,�/� l' 1 4.y . ". `q`ES Ti: 1 CVOUNd Y TX. TITLE USA\I SUITE 400 JA LVESTON,TX. 77550 GA +`�Y,s 4 , ¢ r t��;, :re,- Y 'I t r J``t',"�i , `?r wt� r , 3 4.,;. ►,y r 4. • k ill if ., jt '+�t t " y* i' y ► it.,) ( '' ,r fr.j i4 tt -, rbc 7�g •„, 4.'W*4 u t't��r'.+`'4'c'4 r' `• trfF+ +♦. 1 ! 'i-', ..^I' si .:' ,�, ,f i .Yr'.r ML R'f.�"r.'r; �• 3.i�1y[P�'!'^�.•r i il ,,�p�r'� •�Y,-: + rt i fi". +y ' o �1 {. ," "•I ns' h< .1 i' r• 1 . .>t-:t,1✓; j1,,,:ori ,' • . 'F r Y: ..ii, yr" FN . ' .1 {r'4� " • '• � � !,�Ic �t'�f �. °: •:ray 87=154' Y r,'`' i # ' �{`, ,: ? . . of f SK . ,; � 005 33 1632 ; : ° r , , j y�..5�f )�y4:{{r �� Kty: i r ''j� �.�Y •I' � j( f �,� a /, •p,71.0 , .4 -- R'''a,• ' ri.'4. Y'.. '' f' f ! '' yes .r�>j,.. '. . '' , ! ' ii „ EXHIBIT "A" ' tj . RACT" ONE : A tract of ' land land out of the Northeast one-half. ,of ' ; ' the ISoui.he ist ,3 acres of Lot 12 of the Harvey and Stout Subdivision 'of part pf ?J81ock 5''of the Friendswood Subdivision of the Perry and Austin ; eagueof land , Galveston County, Texas, according to the map of said `'..2 subdivision recorded in Volume 315 , Page 280 in the Office of the i',; 1"- ''County .Clerk of Galveston County, Texas, and being described by metes 'and' bounds as follows : • BEGINNING at the East corner of Lot 12, Block 5 of the Harvey and Stout ( _Subdivision which point is in the centerline of a County Road; 1' THENCE Northwest along the Northeast boundary line of Lot 12 , a ;:distance of 264 feet to a point for the East corner of the tract herein described; THENCE continuing in a Northwesterly direction along ` the Northeasterly boundary line of Lot 12, a distance of 132 feet to a point for corner ; THENCE Southwest parallel with the Northwest line of Lot 12, a distance -'of 169 feet to a point for corner; rf; THENCE Southeast parallel with the Northeast lineyof'`Lot 12, a distance of 132 feet to a point for corner ; THENCE Northeast parallel with the Northwest line : rf Lot 13, a 'distance of 165 feet to the PLACE QF BEGINNING, SAVE AND EXCEPT all that ,part of subject property that may be within adjoining roadways . . TRACT TWO:' ,.".0:84848' acre tract of land out of the Northeast one-half of the Southeast 3;sacrea of Lot 12 of the Harvey and Stout Subdivision of Block 5 of ,the' Friendswood Subdivision according to the map or plat thereof recorded in Volume 315 , Page 280 of the Deed Records of Galveston County, Texas ,4said 0 . 84848 acre tract of land being more particularly described by metes and bounds as follows to-wit: BEGINNING at a point in 'the Northeasterly line of Lot 12, said point also being'.;in the Southwesterly line of Lot 13 in the Harvey and Stout Subdivi`sion:•of .B1'ock 5 of the Friendswood Subdivision in the Sarah McKissick or. the H. R. Williams League situated in Galveston ' County , Texas ; said `'part 'being S 45° E 396. 00 feet from the North corner of Lot .,,;. .12; THENCE S 45° 'E and along the Northeasterly line of Lot 12 a distance of ` 224 . 00 feet'' to . a point' for corner , said point being in the North- westerly line ' of';Briarmeadow Drive ; . ry ' THENCE S '45 ° . W and along the Northwesterly line of Briarmeadow Drive a ,distance of,"-165 . 00 feet to a point for corner ; ' ' 'THENCE': N 45 ° W and parallel to the Northeasterly line of said Lot 12 a ''distance 'of 224 . 00 feet to a point for corner ; THENC '' N 45 ° E a distance of 165 . 00 feet to the PLACE OF BEGINNING, Containing 0. 84848 acres of land, SAVE AND EXCEPT all that portion of said property that may lie within adjoining roadways. •. ' 1`� f. • • . •:u ' ,D 4 . fJwIBIT B . . 0Q5-33 illy le rN Cc /?A' Lvr / Z r w6'S7" • / (-- C c•2Nt-k' LuT 13 -- ' 1 1 �L I , , \ (,t — __4 -._ .___ __ l\ r� .ter �1 "ice -) - . (: 1 A, � - ciir , /6,57ov f, i -- , 4 i iV 45'OD � ;i / Q I., S- N h, � 0 Oc) 44) en S _ ' ,,, ,4 (-) , � ,U 4 h I >,.. 11 1 ; !' ')- .,f 45 %Po' tAr : 0}Cc,.C U �r. ;) /loS.ov 1r. 84 /H/�M •-i4 Pow �•-+d' .? ?O. c u •.•.� C. L f c4.5' Caviz /‘/E-i2 Z o r / 2 F $ , 'N Cof2 ' LvT / 3 NOTE: PLAT RECORDED IN VOLUME 51 :, , PACE 280 , GA1.VE`iTON COON' I DEED RECORDS. i SURVEY OF A 1 ,35 ACRE TRACT OUT OF LOT 12, 4ARVEY & STOUT SIUEDIVISION, FRIENDSW'OOD, GALVESTON COUNTY TEXAS I SCALE 1"w2.0 ' I HERESY CERTIFY THAT THIS SURVEY DATE 6/15/67 CONFORMS- TO THE CURRENT TEXAS SURVEYORS ASSOCIATION STANDARDS --..9.. ,• SURVEY 8Y B. L. S. AND SPECIFICATIONS FOR A CATEGORY lij:/' rAs DRAWN BY: B. L. S. IA, COt1DITION 1 ,§U$VEY ...Z• 'Ina ;I`. •I L IUMUMS . FOR : TITLE USA (FRIENDSW SSW ID) ' ,t y - ` - . • _ . 1121 .: GF t 87-1544 BILLY L SHANKS l' REGISTRATION NO 1 821 ,�� '!!!�� �, PURCHASER • CITY OI' C. . J08 NO. FRIbDSforpQD LL 1uu a SHANKS SURVE' RS $414 WAVECRES LAND J L.A.C1 1. • SHANKS SURVEYORS • Billy L Shanks 33 • REGISTERED PUBLIC SURVEYOR 005- -1 634 440 Gemini,Sults 204 Houston,Texas 77062 • 48E•8306 JUNE 15 , 1987 A 1 . 35 ACRE TRACT OUT OF LOT 12 OF THE HARVEY AND STOUT SUBDIVISION .OF PART OF BLOCK 5 OF THE FRIENDSWOOD SUBDIVISION OF THE PERRY AND AUSTIN LEAGUE IN GALVESTON COUNTY , TEXAS , ACCORDING TO TILE MAP AS RECORDED IN VOLUME 315, PAGE 280 OF THE GALVESTON COUNTY CLERK 'S RECORDS : COMMENCING AT THE EAST CORNER OF SAID LOT 12 OF THE HARVEY AND STOUT SUBDIVISION; THENCE N 45° 00 ' W 40 . 00 FEET ALONG• THE NORTHEAST LINE OF SAID LOT 12 OF THE HARVEY AND STOUT SUBDIVISION TO A 1/2 " IRON ROD SET IN THE NORTHWEST RIGHT—OF—WAY LINE OF BRIAR— MEADOW AVENUE, SAID IRON ROD MARKING THE POINT OF BEGINNING OF THIS TRACT; THENCE S 45° 00 ' W 165 . 00 FEET ALONG THE NORTHWEST RIGHT— OF—WAY LINE OF BRIARMEADOW AVENUE TO A 1/2 " IRON ROD; THENCE N 45° 00 ' W 356 . 00 FEET TO A 1/2 " IRON ROD; THENCE N 45° 00 ' E 165 . 00 FEET TO A 1/2 " IRON ROD SET IN THE NORTHEAST LINE OF SAID LOT 12 ; THENCE E 45° 00 ' E 356 . 00 FELT TO TIIE POINT OF BEGINNING AND CONTAINING 1 . 35 ACRES OF LAND. .114 U. S i ATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument was filed s,,, on the date and time stamped hereon by me and I was duly recorded in the Official Public Records t I Sr!n Ii n ;i of Real Property of Galveston County Texas,on ,,111 • �! • `'JUN SO 1987 `;z `` S'J' J. * • 0:4"4"- \..,,"� COUNTY CLERK / �/ % GALVESTON CO.,TEXAS 6c c�• •- >r-_�.. tom/ • &cir. },. v M • • RALPH L. LOWE ftef�rn�T`1r.: Mayor '�6 `• ANNETTE A. BRAND ,9 .i• ,��,�• £?Lty f Citycouncilmen JIM HARRELL 109 WILLOWICK 713/482-3323 JAN JORDAN FRIENDSWOOD, TEXAS 77546-3898 PHYLLIS J. LEE EVELYN NEWMAN JOE D. PRIHODA 1©r ROBERT WICKLANDER 17A- DELORIS McKENZIE,CMC City Secretary LETTER OF INTENT The City of Friendswood wishes to express it ' s intent to offer Daryl and Gloria Pitts and Pearl Van Winkle , the cash sales price of $27 , 500 for purchase of : East Part of Lot 12 1 . 3484 Acres-Approximately 165 x 356 feet ) Located in the Harvey and Stout Subdivision Galveston County, Texas The acreage is divided by . 8484 acres being owned by Pearl Van Winkle and . 50 acres being owned by Daryl and Gloria Pitts . The City of Friendswood guarantees the closing will be within 45 days at the convenience of the seller , if offer is accepted . Please return the executed Earnest Money Contract along with the executed letter of acceptance . CEPTE BY: CITY OF FRIENDSWO D , T XAS 06 Dary Pi is Mayor R 1ph L . Lowe April 29 , 1987 Gloria Pitts Pearl Van Winkle 02-08-85 ONE TO FOUR FAMILY RESIDENTIAL EARNEST MONEY CONTRACT (RESALE) ALL CASH, ASSUMPTION, THIRD PARTY CONVENTIONAL OR OWNER FINANCED PROMULGATED$Y TEXAS REAL ESTATE COMMISSION NOTICE:Not For Use For Condominium Transactions I. PARTIES: Daryl Pitts, Gloria Pitts & Pearl Van Winkle (Seller)agrees to sell and convey to City of Friendswood, Friendswood, Tx. (Buyer)and Buyer agrees to buy from Seller the property described below. 2. pRopERTylcoi OUt of E part Lot 12 ,tRiac Harvey ,E Stout S/D, 1 1IIA1I arrrac Addition,City of Friendswood. Galveston • ,County,texas,known as NE corner. B r i a rmeadow & City Arena D r. (Address);or as described on attached exhibit,together with the following items, if any:curtains and rods, draperies and rods, valances, blinds, window shades, screens,shutters,awnings, wall-tq-wall carpeting, mirrors fixed in place,ceiling fans, attic fans, mail boxes, television antennas, permanently installed heating and air conditioning units and equipment, built-in security and fire detection equipment, lighting and plumbing fixtures, water softener, trash compactor, garage door openers with controls, shrubbery and all other property owned by Seller and attached to the above described real property. All property sold by this contract is called the"Property". 3. CONTRACT SALES PRICE: A. Cash payable at closing $ 27, 500.00 B. Sum of all financing described in Paragraph 4 below C. Sales Price(Sum of A and B) $ 27. 500. 00 4. FINANCING:(Check applicable boxes below) 23 A. ALL CASH:This is an all cash sale;no financing is involved. 0 B. ASSUMPTION: (I) Buyer's assumption of the unpaid principal balance of a first lien promissory note payable to .4 in present monthly installments of$ ,including principal,interest and any reserve deposits,with Buyer's first installment payment being payable on the first installment payment date after closing,the assumed principal balance of which at closing will be$ • (2) Buyer's assumption of the unpaid principal balance of a second lien promissory note payable to • in present monthly installments of$ ,including principal,interest and any reserve deposits,with Buyer's first installment payment '.4 being payable on the first installment payment date after closing,the assumed principal balance of which at closing will be$ Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the total principal balance of all assumed loans varies in an amount greater than S350.00 at closing eithet 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 t in B(I)above or& in B(2)above and Seller declines to pay such excess or(b)raises the existing interest rate above in B(I)above or % in B(2)above, Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount of any variance in the loan balance(s)shown above. NOTICE'ID 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. • 7,12 • u , -. ❑ C. THIRD PARTY FINANCED: .•- ❑ 1. A third party first lien note of$ ,due in full in year(s);payable in initial monthly payments of principal and interest not exceeding$ for the first year(s)of the loan. ❑ 2. A third party second lien note of$ ,due in full in year(s),payable in initial monthly payments of principal and interest not exceeding$ for the first year(s)of the loan. =,r 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. TEXAS VETERANS' HOUSING ASSISTANCE PROGRAM LOAN: • This contract is also subject to approval for Buyer of a "Texas Veterans' Housing Assistance Program Loan (the Program Loan) in an amount of I $ for a period of at least years at the interest rate established by the Texas Veterans' Land Board at the time of closing. ❑ E. SELLER FINANCED: A promissory note from Buyer to Seller in the amount of$ _ ,bearing %interest per annum, and payable: ❑ I. In one payment due after the date of the not with interest payable ❑ 2. In installments of $ [ j including interest [ ) plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note shall be due and payable. ❑ 3. Interest only in installments for the first year(s)and thereafter in installments of$ [ I including interest[ I plus interest beginning after the date of the note and continuing at intervals thereafter for year(s)when the entire balance of the note is due and payable. ❑ 4. This contract is subject to Buyer furnishing Seller evidence of good credit within flays 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 be furnished to Seller. Any Seller financed note may be prepaid in whole or in part at any time without penalty. The lien securing payment of such note will be inferior to any lien securing any loan assumed or given in connection with third party financing. If an Owner's Policy of Title Insurance is furnished,Buyer shall furnish Seller with a Mortgagee's Title Policy. Buyer shall apply for all third party financing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within days from the effective date of this contract and shall make every reasonable effort to obtain the same.Such financing or assumption shall have been approved when Buyer has satisfied all of lender's financial conditions, e.g., sale of other property, requirement of co-signer or financial verifications. If such financing or noteholder's approval and waiver is not obtained within days from the effective date hereof, this contract shall terminate and the Earnest Money I shall be refunded to Buyer. a`s 5. EARNEST MONEY: $ 1, 000 00 is herewith tendered by Buyer and is to be deposited as Earnest Money with Title_ U S A- ,at711 F Parkwnnta Dr., Friendswood, ('tress), as Escrow Agent, upon execution of the contract by both parties.❑Additional Earnest Money of$Nnt applicable shall be deposited by Buyer with • 055 TREC NO. 20-0 PRINTED BY HOUSTON BOARD OF REALTORS u+ _ it✓, Isil Ian One lb Four Family Residential Earnest Money Contract—Page Two o2-nS-85 1 the fi grow Agent on or before 6. TITLE: Seller shall furnish to Buyer at Seller's expense either: Qg A Ov,ner's Policy ofride Insurance(the Title Policy)issued by Title U.S.A. Friend swood, T X. in the amount of the Sales Price and dated at or after closing:OR 0 B. Abstracts of Title certified by an abstract company(I)from the sovereignty to the effective date of this contract(Cutupletu Abstract)and(di suppinmeutud 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, Section 50.301 'Thus Water Code requires the Buyer to sign and acknowledge the statutory notice from Seller relating to the tax rate and bonded indebtedness of the District. 7. PROPERTY CONDITION:(Check A or B) (a A, Buyet accepts the Property in its present condition,subject only to any lender required repairs and no excej fPII ❑ B. Buyer requires inspections and repairs required by any lender and the Property Condition Addendum attached hereto. On Seller's receipt of all loan approvals and inspection reports,Seller shall commence repairs and termite treatment required of Seller by the contract,any lender and the Property Condition Addendum, If any, and complete such repairs prior to closing. $eligf,j,raaponsibility for.the.rcpeira,.*rm wtreettnent<lindlleftairtb-termite damage shall not exceed S . If Seller fails to complete such repairs,Buyer,nay do so and Seller shall be liable up to the amount specified and the same paid from the proceeds of the sale. If the repair costs will exceed the stated amount and Seller refuses to pay such excess, Buyer may(I) pay the additional cost or(2)accept the Property with the limited repairs unless such repairs are required by lender or(3)Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. Buyer shall make hit election within three(3)days after Seller notifies Buyer of Seller's refusal to pay such excess. Failure of Buyer to make such election within the time provided shall be deemed to be Buyer's election to accept the Property with the limited repairs,and the sale shall be closed as scheduled; however, if lender required repairs prohibit Buyer's acceptance with the limited repairs, this contract shall terminate and Earnest Money shall be refunded to Buyer, If the repair cats will exceed five (5)percent of the Sales Price of the Property and Seller agrees to pay the cost of such repairs, Buyer shall have the option of closing the sale with the completed repairs,or terminating the sale and the Earnest Money shall be refunded to Buyer, Buyer shall make this election within three (3)days after Seller notifies Buyer of Seller's willingness to pay the cost of such repairs that exceed five(5)percent of the Sales Price, Failure of Buyer to make such election within the time provided shall be deemed to be Buyer's election to close the sale with the completed repairs. Broker(s)and sales associates have no responsibility or liability fbr inspections or repairs made pursuant to this contract, a, BROKER'S PEE . MurD,Jly Properties , Listing Broker,and any Co.ltroker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the tie specified by separate agreement between Wating Broker and Seller, Escrow Agent Is authorised and directed to pay Listing Broker said M from the sale proceeds, 9. CLOSING:The closing of the sale shall be on or before June 19 11r 87,or within sewn()) 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 Data shall be extended daily up to fifteen(13)days if necessary to complete loan requirements. If either party fulls to close this sale by the Closing Data,the tnon.defaulting party shall be entitled to exercise the remedies contained in Paragraph 16 immediately and without notice, 10, POSSESSION:The possession of the Property shall be delivered to Buyer on Yeceipt of funds by Seller .in its present or required Improved condition, ordinary wear a tear find excepted, Any possession by buyer prior to or Seller after closing that Is not authorized by the Buyer's'biometry Residential Lary or Seller's Tmporery Residential Lars Mortis psumulgeted by the Maas Real Sursts Commission shall establish a landlord• lettent at lurking*444 between the pettier, •• _.. ..... _,.�_....._ I I. SPICIAL PRONlSIONSt Omen hetusl imamate end business details applicable to this sale.) Notwithstanding anything to the contrary in Paragraph 12, closing costs shall be paid as follows: Seller: General Warranty Deed, Owner's Title Policy, Sales Commission, Tax Certificates, Recording Fees, and the •Title Company Escrow Fee. Buyer: Recording Fees, the Title Company Escrow Fee, and survey if desired. 13, SALSS bXPSNSM$TO SS PAID IN CASH AT CO MOON TO CLOSINOI A, Loran appraised fees Shell be paid by��lla1�:}l ;tea Ip-.__._.. __•- _ I, The total of the loan discount and any buydown fees shell not exceed I f ..applirahle_ _.__ ,ref which buyer shall pay the first$ and biller shall pay the remeinden C. Seller's(xipanwn Prepsynwnt penalttes on any salsting loins paid it closing,phis cost of tbleeaing such Irons and recording teleasest tart statements Vt viany escrow fist preparation of dealt proportion and recording of tiny deed of trust to stunt assuniptittni my `hose Whitens' Housing Assistance Progeem Pettietpition het other expinws stipulated to be paid by Seiler under Other provisions of this contrast. See Paragraph 11. O. buyer's Saprnresi ApphWruttn,origination end eommitmmt than private MOditige insurance premiums and any loan assumption flit expenses Incident to new lows)s)(Lg.,pwpar tios of my nob,dead of trust and other loan dtwuments,survey,nt:tird►ng tees,smiles of restretnins and easements,Motif gee's Title Mu tee,etrdit reports,photosh of any esefvw feel any required premiums for flood end hood lnauranelli any repulsed reserve deposits Rrr insurance premiums,ed valorem tatter and spatial governmental aasessnnentrt Interest on all monthly installment payment notes kith date of disbursements to One I►) month prior to dates of first monthly paymentst expenses stipulated to be paid by buyer under other provisions of this oton►tast and any cu►tumoy `Ibxas Wtarms' Housing Assistance program Roan costs for buyer. See Paragraph 11. $, If any rater expenses exceed the MAXIMUM amount herein stipulated to be paW by sither ant eitther arty tit/Wrtttlntt, this entittag-9ttlgyt titer her parry agrees to pay such erwrse; See Paragraph 11 O. MICROS/Mil tautflood and hound Inauratiee(at buyer's option), rents, ms)ntenance Nei,Intetert oft resumd Man and any prepaid unearned mortgage Maumee premium wtieh has net been flnrneed as pert Of any assumed loan rid which Is retUndable in w e fir in pate al a later date shall be prorated through the Closing[ire, If buyer elects to enntinue bailer's insurance polity, it shall be transferred at ginseng, 14, mitt b APPNtiW l i A: It abstract is fuotlehed,Miller shall deliver Complete Abstract to buyer within twenty(itil days hum the et(eetive date hewof: buyer shill hew twenty t20) days from date of tree) of Complete Abstract o deliver a copy of the examining sttortlsy s tills opinion to bellen'toting any*scums to title,end only objections so slated Shall be eonsidsred. N. If title Attiey Ir futnlshad+ the Title Miry shall guarantee buyer's title hi be good and Indefeasible subjecl only to(II le►trlettw covenants sheeting the Property(i)tiny discrepancies,conflicts or shortages in anti in boundat lines,or any encroachments,or any overlapping of itnpruwments t3)takes hmr the current and subsequent years and subsequent euessnlents for prior years due to a change In land usage or mwnrrshlp(4)existing building and toning ordinances t*)rights of parties In possession(b)liens created or assumed as security ter the sale emnsitleratltin(1)utility ersetttentitled common Id the platted subdivision of which this Pmpetty is a part and(b1 rrsereellons or otherexceptions permitted by the terms of this contract. bxeepptions permitted In thetitled and tuning ordination shall not be valid objections to title. It the title policy will be►ubject to exceptions other then those teetted show In sub-paragraphs(t)thhsugh (11 Ititlitslyet hailer shall deliver to buyer the Commitment and legible copies of any documents carting such exceptions that are not recited In sub-paragraphs ill throtigh Ill above al least het(5)days prior to closing. If buyer has ubjeoutn to any such previously undisclosed exceptions, buyer shall haw five tS) days after receipt of such Commitment and copies to maid written objections Its belies. If no title Commitment is prodded to buyer at or print to closing, it will be conclusively presumed that bullet represented at closing that the title polity would hut be subject to exceptions other than those recited above In sub- paragraphs(I)through 01. e, In either instanthe Irbil'objecll.t relied biller shall have fifteen(lb)dry►from the Site such Objections sir disclosed to cure the same and the Closing shad ''ended the*petit**are me satisfied by the extended cluaift dale lnit ign(laltt shall tertttlnate and Ilse t-atitcsl Money shall se rifltrldat 40tb Ek x.d 4,10 ve M`N". '�• s 3c s,�:t'.-fJr end eulteillt$th 'e.:sety `� �a)y►r s t:+ll grate lax lrlt't�4e'l ahfar'ag' tj lintie+ly tx sec a llueelt rntal Abt"rset when sinWeettllr,* sets tie V.d'.total title.�xs:eptluhe en( a tienvi- One To Four Family Residential Earnest Money Contract concerning1IF ct.rner, Bri.armeadow E City Arena D l oge Three 02-08-85 (Address of Property) 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 any assumption shall be required,which shall automatically be released on execution and delivery of a release by note-holder. If Seller is released from liability on any assumed note,the vendor's lien and deed of trust to secure assumption shall not be required. In case of dispute as to the form of the Deed,note(s),deed of trust or deed of trust to secure assumption,forms prepared by the State Bar of Texas shall be used. 15. CASUALTY LOSS:If any part of Property is damaged or destroyed by fire or other casualty loss,Seller shall restore the same to its previous condition as soon as reasonably possible,but in any event by Closing Date. If Seller is unable to do so without fault,Buyer may terminate this contract and the Earnest Money shall be refunded to Buyer. 16. DEFAULT: If Buyer fails to comply herewith, Seller may either(a) enforce specific performance and seek such other relief as may be provided by law or (b) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required, to (a)make any non-casualty repairs or(b)deliver the Commitment or(c)deliver the Complete Abstract, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy or extend t ' time for performance up to fifteen(15)days and the Closing Date shall be extended pursuant to other provisions of this contract. If Seller fails to comply herewith for any other reason, Buyer may either(a)enforce specific performance hereof and seek such other relief as may be provided by law or(b)terminate this contract and receive the Earnest Money,thereby releasing Seller from this contract. 17. ATTORNEY'S FEES:Any signatory to this contract,Broker or Escrow Agent who is the prevailing party in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from the non-prevailing party. 18. ESCROW:The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent(a)is not a party to this contract and does not assume or have.any liability for performance or non-performance of any signatory(b)has the right to require from all signatories a written release of liability of the Escrow Agent which authorizes the disbursement of the Earnest Money(c)is not liable for interest or other charge on the funds held and(d)is not liable for any losses of 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 documents described in(b)above,then such signatory shall be liable to the other signatories as provided in Paragraph 17. At closing,the Earnest 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 Earnest Money under this contract shall be 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. 19. 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 Property which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by Buyer and(b)assumed loan(s)will be without default.If any representation in this contract is untrue on the Closing Date,this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All representations contained in this contract shall survive closing. 20. AGREEMENT OF PARTIES:This contract contains the entire agreement of the parties and cannot be changed except by their written agreement.Texas Real Estate Commission promulgated addenda which are a part of this contract are(list): None 21. NOTICES:All notices shall be in writing and effective when delivered at the addresses shown below. 22. CONSULT YOUR ATTORNEY:The Broker cannot give you legal advice. This is intended to be a legally binding contract. READ IT CAREFULLY. Federal law may impose certain duties upon Brokers or Signatories to this contract when any of the signatories is a foreign party,or when any of the signatories receives certain amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this contract,consult your attorney BEFORE signing. SELLER'S BUYER'S ATTORNEY: - ATTt�btNFX:. _�, ,�.— ..•.,,v.._ EXECUTED in multiple originals effective the y of May , 19R (BR :FILL IN THE TE F FINAL ACCEPTANCE.) / , 14 rim o� t' Q Sella Buyer Seller ier 2 21 x.36 Dortui2i T 8&i -Vf/za Buyer's Address Phone No. Seller's Addy siiip Phone No. c AGREEMENT BETWEEN BROKERS �"/11 , �, Listing Broker agrees to pay K i tc h e l Realty ,Co-Broker, a fee ofthree percent of the total sales price when the Broker's fee described in Paragraph 8 is received.Escrow Agent is authorized and directed to pay Co-Broker from Listing Broker's fee attlosing. Kitchpl Realty /V_.,7�� Murphy Prope ties 15U774 Co- ` /�, License No. Listing B r ,�— _ License No. By: �`1�Y/K/ /!/' —� By: /j �'" G --e'-1- t-a---x Fr endswood Crossing, Friendswood, Tx. P. 0. Box 337- Fricnrlswood, TX_ Co-Broker's Address 713/432-4322 •___ Phone No. Listing Broker's Address 713/482-1100 PhoneN°' EARNEST MONEY RECEIPT Receipt of$ Earnest Money is acknowledged in the form of Escrow Agent: By: Date: , 19—. The form of this contract has been approved by the'texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transaction. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (02-85)TREC NO. 20-0.This form replaces TREC NOS. I-1,4-0 and 6-0. 0 5 5 • PAUL W. SCHRADER . 4\41!.1cJa(Wk Mayor .?=- •,•� •- Councilmen ``, £? ty of 9LEncLuJoodRON RITTER .:.-'.:-� ' �'•��.;, ROBERT WICKLANDER ii.':4-;'- '7 *. � �••. ''�,:, N EVELYN NEWMAN ` ;.� 4 M1 109 WILLOWICK 713/482.3323 PHYLLIS J. LEE ‘ if ` � FRIENDSWOOD, TEXAS 77546-3898 JAN JORDAN JOE PRIHODA ANNETTE A. BRAND 1®r City Manager ' DELORIS McKENZIE, CMC , r-�..`1:' City Secretary July 20 , 1988 John W. Lyons , Jr . Attorney at Law Post Office Box 2789 Texas City , Texas 77592-2789 Dear Mr . Lyons , In response to your letter dated July 15 , 1988 , please be advised these taxes were paid July 1 , 1988 . Attached for your reference are copies of checks for this payment . If additional information is needed , please contact this office . Sine - ely , Abr .. C . Deloris McKenzi , MC City Secretary DM/j t Enclosures : ( 2 ) • " ' • ' -,---------------- -- __ _ ______ . ,. , , 'PA kriD• LAW OFFICES JJ 'J���(•"• NEUGENT, LILIENSTERN,LYONS & PLACKEMEIER A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 621 6T" STREET NORTH P. O. DRAWER 2789 TEXAS CITY, TEXAS 77592-2789 July 15. 1988 CITY FiiltNDSWOOD PROPERTY LOCATOR NUMBER: guy wIL,4.CCK 063551 -0030-00 fkitka WODD,TEXAS 77546-0000 CONTACT PERSON: Uo3551- 30-00 is . Lucy Dawson (409) 945-7431 or (713) 488-4347 TOTAL DUE : $60. 21 IF PAID IN AUGUST Dear Taxaay r: Tne ualvticn County Delinquent Tax Roll reflects that there are delinquent as v8lurez taxes owed Galveston County and the other entities for which tney c..LLect on the following described property : ABST 151 S MCKISSICK NE PART OF LOT 12 HARVE Y & STOUT DIM 224 X 165 IT yuu have reason to believe that your taxes are paid. or this notice has Peen acnt to you in error please notify the contact person stated above by teteunune 4nd inform them of same . Tnis Trill further advise that unless the taxes are paid by August 15. 1988. or notice from you has been received by that date further Legal steps wilt be taken. Pti se note that the filing of a tax suit incurs costs which will oe cndryv:: in addition to the delinquent taxes. penalty. interest and cotiection f . Please rrrakt your payment to Galveston County. and sena or deliver to ,alvestuia- Lounty Tax Office. 722-21st Street, Galveston. Texas 77550. Very truly yours. • • 'John W. Lyons .,'}Jr . $1 N.X` k("s /)p fitA JwLicdc cc: nalkrastPn County TaC Office /� � (1 t'722-21V: Street (( 11\ Q` natveston. Texas 77550 -}Q) /Q �y . o � ,o