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HomeMy WebLinkAboutDeed - Mary Louise Fitch & Harold M. Soule - 0 E EDGEWOOD AVE CREEK 65501 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTONL BGG 65►` ►iv i 64E7 That we, MARY LOUISE FITCH SOULE and husband,. HAROLD M. SOULE, of the County of Harris, State of Texas, for and in consideration of the love and affection which we have and bear unto and toward the City of Friendswood, Texas, HAVE GIVEN, GRANTED, AND CONVEYED, and by these presents DO HEREBY GIVE, GRANT, AND CONVEY unto the City of Friendswood, of the County of Galveston, State of Texas, all that certain piece or parcel of land, lying and being situated in Galveston County, Texas, more particularly described as follows: Lot eleven (11), out of Block nine (9), of the Subdivision of Friendswood, being a subdivision of 1538 acres of land out of the J. R. WILLIAMS or SARAH McKISSICK, league of land in said Galveston County surveyed and platted by R. W. LUTTRELL for J. C. LEAGUE under date of July 16th, 1896, to which plat and the due record thereof in the office of the County Clerk of Galveston County, Texas, reference is here made for further and more particular description, except and less however one and three-one- hundredths (1. 03) acres of said Lot eleven (11) of Block nine (9) which is north of Clear Creek and south of the present Friendswood-Choate Road, and less and except however a small portion of said Lot eleven (11) established and used now for road purposes, except and less an un- divided one-thirty-second (1/32) non-participating royalty in and to all the minerals produced from said land, re- served by GEORGE L. DARROW and wife, LAURA B. DARROW, in a certain deed executed and delivered by them Conveying said land to WILLIAM R. PICKWORTH and wife, LUELLA. A. PICKWORTH on March 21, 1940, and said deed being recorded in Book 607, Pages 296-298 of the Deed Records of Galveston County, Texas, and said royalty interest being reserved in said deed by said Grantors for a period of twenty (20) years from date of said deed, and as long thereafter as the land may be producing oil, gas or other minerals in commercial quantities. The said tract of land herein conveyed contains twelve and 601/1000 (12. 601) acres of land, more or less. This conveyance to the City of Friendswood, Texas, is expressly condi- tioned on the provision that the above described property shall be used exclusively as a park for the benefit of the public, except for necessary drainage and street improvements. In the event that such property's use as a park is abandoned by the City of Friendswood, then and in that event, fee simple title to such property, unrestricted to use as a park, QO shall vest in the Episcopal Church of Friendswood, Diocese of Texas, -, CO of the County of Galveston, State of Texas. TO HAVE AND TO HOLD the above described premises, together CCU with all and singular, the rights and appurtenances thereto in anywise belonging and any right, title, and interest of MARY LOUISE FITCH SOULE and husband, HAROLD M. SOULE, in and to adjacent streets, alleys, and rights-of-way, unto the said City of Friendswood, Texas, its heirs, personal representatives, successors, and assigns forever, and we do hereby bind ourselves and our heirs, personal representatives, successors, and assigns, to warrant and forever defend all and singular the said premises unto the City of Friendswood, Texas, and its heirs, personal representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, subject, however, as aforesaid. WITNESS OUR HAND this 3 ) day of December, A. D. 1975. G2) � �� MARY UISE FITCH SOULE HAROLD M. SOULE -2- • • a THE STATE OF TEXAS COUNTY OF HA.RHIS BEFORE ME, the undersigned authority, on this day personally appeared MARY LOUISE FITCH SOULE and HAROLD M. SOULE, known to me to be the persons whose names were subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 3 s day of December, 1975. \ \s3AA4akLe • 11 -cafIL\f? -&"/\' V tary Public irf d for Harris County, Te x a s MARY ALICE BRUNSON Notary Puplic in and for Harris County, Texas My Commission Expires June 1, 19'1'1 Bonded by Alexander Lovett, Lawyers Surety Corp. -3- e 7 • THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF G A L V E S T O N I That we, MARY LOUISE FITCH SOULE and husband, HAROLD M. SOULE, of the County of Harris, State of Texas, for and in consideration of the love and affection which we have and bear unto and toward the City of Friendswood, Texas, HAVE GIVEN, GRANTED, AND CONVEYED, and by these presents DO HEREBY GIVE, GRANT, AND CONVEY unto the City of Friendswood, of the County of Galveston, State of Texas, all that certain piece or parcel of land, lying and being situated in Galveston County, Texas, more particularly described as follows: Lot eleven (11), out of Block nine (9), of the Subdivision of Friendswood, being a subdivision of 1538 acres of land out of the J. R. WILLIAMS or SARAH McKISSICK, league of land in said Galveston County surveyed and platted by R. W. LUTTRELL for J. C. LEAGUE under date of July 16th, 1896, to which plat and the due record thereof in the office of the County Clerk of Galveston County, Texas, reference is here made for further and more particular description, except and less however one and three-one- hundredths (1. 03) acres of said Lot eleven (11) of Block nine (9) which is north of Clear Creek and south of the present Friendswood-Choate Road, and less and except however a small portion of said Lot eleven (11) established and used now for road purposes, except and less an un- divided one-thirty-second (1/32) non-participating royalty in and to all the minerals produced from said land, re- served by GEORGE L. DARROW and wife, LAURA B. DARROW, in a certain deed executed and delivered by them Conveying said land to WILLIA,M R. PICKWORTH and wife, LUELLA A. PICKWORTH on March 21, 1940, and said deed being recorded in Book 607, Pages 296-298 of the Deed Records of Galveston County, Texas, and said royalty interest being reserved in said deed by said Grantors for a period of twenty (20) years from date of said deed, and as long thereafter as the land may be producing oil, gas or other minerals in commercial quantities. The said tract of land herein conveyed contains twelve and 601/1000 (12. 601) acres of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging and any right, title, and interest of MARY LOUISE FITCH SOULE and husband, HAROLD M. SOULE, in and to adjacent streets, alleys, and rights-of-way, unto the said City of Friendswood, Texas, its heirs, personal representatives, successors, and assigns forever, and we do hereby bind ourselves and our heirs, personal representatives, successors, and assigns, to warrant and forever defend all and singular the said premises unto the City of Friendswood, Texas, and its heirs, personal representatives, successors, and assigns, against every person whomsoever lawfully claim- ing or to claim the same, or any part thereof. WITNESS OUR HAND this day of December, A. D. 1975. MARY LOUISE FITCH SOULE HAROLD M. SOULE THE STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared MARY LOUISE FITCH SOULE and HAROLD M. SOULE, known to me to be the persons whose names were subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of December, 1975. Notary Public in and for Harris County, T ex a s -2- I. THE STATE OF TEXAS 0 COUNTY OF GALVESTON WHEREAS , MARY LOUISE FITCH SOULE and husband, HAROLD M. SOULE, hereinafter styled Grantors , have heretofore conveyed to the City of Friendswood , Texas , a municipal corporation existing under the laws of the State of Texas , hereinafter styled Grantee , a certain tract or parcel of land to be used exclusively as a park for the public use , except for necessary drainage and street improvements , said tract of land being more fully described in deed dated December 31 , 1975 , and being of record in Vol. 2653 , Pages 647 thru 650 , inclusive , of the Deed Records of Galveston County, Texas , reference to which is here made for full metes and bounds description of said tract of land; and WHEREAS , Grantors now desire , because of their love and affection for the Grantee , to establish a trust fund with the Grantee to produce income to be used by Grantee in its maintenance , improvement and operation of said park ; NOW, THEREFORE , KNOW ALL MEN BY THESE PRESENTS : THAT WE, the undersigned, Grantors , have this day delivered and paid over to Grantee the sum of TEN THOUSAND ( $10 ,000 . 00 ) DOLLARS cash , hereinafter styled trust estate , to be held , treated and disposed of by Grantee as hereinafter provided: 1. No bond shall be required of Grantee . 2 . Grantee shall have absolute control of and over said trust estate and shall invest and reinvest the same in such manner and at such times as to it shall seem wise and prudent and with safety produce income therefrom. 3. The income produced by and from said trust estate shall be used by Grantee from time to time as it accrues and becomes available for the sole purpose of aiding in the mainten- ance , improvement and operation of said park , it being understood • Ob by Grantors that said income will be insufficient to wholly maintain, improve and operate said park , and that other funds will be made available by Grantee to aid in the maintenance , improvement and operation of said park. 3. In the event such tract of land is not used as a park or its use as a park is abandoned after being so used, or in the event the income produced by and from said trust estate is not used as herein provided , then in such an event or either of them, this trust shall thereupon terminate and Grantee shall without delay pay over and transfer said TEN THOUSAND ( $10 ,000 . 00 ) DOLLARS to the Church of the Good Shepherd of the Protestant Episcopal Church in the Diocese of Texas , situated in the City of Friendswood , Galveston County , Texas , or in the event said church is not then in existence , said sum shall be paid over and transferred to the Protestant Episcopal Church Council of the Diocese of Texas , a non-profit corporation , organized and existing under the laws of the State of Texas , and thereupon this trust shall terminate . 4. Grantee by the acceptance of said trust estate confirms and ratifies this trust agreement and accepts the same according to its terms , conditions , and provisions , and which acceptance shall also be evidenced by an ordinance confirming the same , fuly and legally adopted by the City Council of the City of Friendswood , Galveston County , Texas , in accordance with the laws of the State of Texas and the Charter and ordinance of the City of Friendswood, Galveston County , Texas . WITNESS OUR HANDS , this,/ day � , 1976 . ��'�, L ij-tqk Marouts Soule Y ��� -1 l !1,f-;fit.(-�- � Harold M. Soule Before me , the undersigned authority , on this day personally appeared Mary Louise Fitch Soule and Harold M. Soule , 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. Given under my hand and seal of office this , day of,e9 1976 . /Z-24/ ' (2//e7 -;// Notary Public in and forlveston County , Texas 0 E 25 0078 ORDINANCE NO. 7� Doo 2875 FAH 573 AN ORDINANCE PROVIDING FOR THE CONFIRMATION, ACCEPTANCE, •-• AND ADOPTION OF A CERTAIN TRUST AGREEMENT DATED DECEMBER 21, 1976, BY AND BETWEEN MARY LOUISE FITCH SOULE AND HUS- BAND, HAROLD M. SOULE AND THE CITY OF FRIENDSWOOD, TEXAS. WHEREAS, Mary Louise Fitch Soule and husband, Harold M. Soule • w have heretofore conveyed to the City of Friendswood, Texas, a certain tract of land to be used exclusively as a public park, a description of which is contained in Exhibit A, attached hereto and in all things made a part here- of; and WHEREAS, Mary Louise Fitch Soule and husband, Harold M. Soule desire to establish a trust fund with the City of Friendswood, Texas, the income produced therefrom to be used by the City to aid in the maintenance, improvement and operation of such park; and WHEREAS, the City of Friendswood, Texas, desires to accept and ratify this trust; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and recitations set forth in the preamble of this ordinance are hereby approved and adopted. Section 2. That the certain trust agreement dated December 21, 1976 • between Mary Louise Fitch Soule, Harold M. Soule and the City of Friendswood, Texas, a copy of which is attached hereto as Exhibit A and in all things made a part hereof, is hereby confirmed, accepted and fully adopted according to its terms, conditions and provisions, PASSED AND APPROVED on first reading, this the ,11 day of , 1977. PASSED AN APPROVED on second reading, this the ' day of , 1977. mummunienorrir7077700.40.1.11......„, r PASSED AND APPROVED on final reading, this the /, -day of , 1977. • 3 .•• : Mayor • Cff ecretary EED APPROVED AS TO FORM: BOOK2875 F^,f-574 City Attorney J -2- 'fl STATE OF TEXAS ) COUNTY OF GALVESTON ) WE, Harold M. Soule and Mary Louise Fitch Soule, do hereby grant permission to the City of Friendswood, Galveston County, Texas, to close the unfinished road on our property described as part of Lot 11, Block 9, Friendswood Subdivision, in the Sarah McKissick League, Abstract 151, map of which is recorded in Volume 254, page 37, Deed records of Galveston County, Texas. In granting this permission, we hereby reserve the right to open this road for our own personal use, should the need arise. This road is to be closed at a point where it intersects the proposed right-of-way of FM Highway 2351 ( Choate Road ) . Witness my hand this the /j-7at day of ;149---1/LerK %- 1966,A.D. 74--/-t4-trier52171-P-e-cee--- Harold M. Soule r 009- ieliaizAj - egtet,6- Mary Lsuise Fitch Soule STATE OF TEXAS ) COUNTY OF GALVESTON ) BEFORE ME, a Totary Public in and for the County of , Texas on this day personally appeared Harold M. Soule , and Mary Louise Fitch Soule, wife of Harold M. Soule, 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 purposed therein expressed. Given under my hand and seal this the 7/ , day of , 1966, A. D. SEAL: Notary Publi i an the C ounty of e- A9-Yy- , Texas. C. R. JOHNSON, CTA COUNTY COURTHOUSE Assessor-Collector of Taxes GALVESTON, TEXAS To Mary Louise Fitch Soule AT 44102 Dallas Houton, Texas 77023 SUBJECT Account 4 63142-0000/0 1DATE 1n-29-76 We are in receipt of your 1976 statement that has been sent to us from the Dickinson tax office. You stated that you have sold this lot to the City of Friendswood. We will need to know the date on which this took place and if possible the deed and_volumn number where this has been recorded. If you only have the date on which this was sold please remit information to us in_order that we correct our records- If this office can be of any further help feel free to contact us. Thank you for your cooperation in this matter_ PLEASE REPLY TC SIGNED Carol Hopkins/Deputy Collection Dept. DATE SIGNED Rediform°45 469 y Poly Pak(50 sets)4P 469 SEND PARTS 1 AND 3 WITH CARBON INTACT.-PART 3 WILL BE RETURNED WITH REPLY. RESOLUTION NO.R2013-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DEDICATING THE USE OF REAL PROPERTY AS MUNICIPAL PARK LAND AND DECLARING ITS ACCEPTANCE AND INCLUSION INTO 1776 MEMORIAL PARK; AND REPEALING ALL OTHER RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. * * * * * * * * * * Whereas, by virtue of that certain deed dated December 31, 1975 and recorded in Volume 2653, Pages 647 through 650, of the Deed Records of Galveston County, Texas, the City of Friendswood, Texas(the"City") acquired an approximately 12.6 acre parcel of land from Mary Louise Fitch Soule and husband, Harold M. Soule, to be used exclusively as a public park, which park is located on Edgewood Drive and Clear Creek and known as "1776 Memorial Park;"and Whereas, the City is the owner and holder of certain additional parcels of land located adjacent to 1776 Memorial Park and located in Imperial Estates, Section One (1), which parcels are legally described as: Lots 6 through 28, 30 through 38, 40, 41, 43 and 45 through 47, of Imperial Estates, Section One (1), a subdivision in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 254-A, Page 81 of the Map Records of Galveston County, Texas. and which additional parcels of land shall, for the purposes of this resolution, be described as the "Buyout Lots;"and Whereas, the City Council wishes to expand the boundaries of 1776 Memorial Park to accept the Buyout Lots as additional acreage to be included into 1776 Memorial Park and to dedicate the same to municipal park use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: Section 1. The City Council of the City of Friendswood, Texas, hereby declares that the Buyout Lots as described in this resolution shall be and they are hereby accepted as additional acreage to be included into 1776 Memorial Park and that the same is dedicated to municipal park use. Section 2. Upon passage of this resolution, the City Manager shall direct that any and all necessary actions be taken in order to re-define the boundaries of 1776 Memorial Park so as to reflect the inclusion of the Buyout Lots as described herein. Section 3. All resolutions or parts of resolutions inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. PASSED,APPROVED,AND RESOLVED this the 5th day of August, 2013. Kevin M. land Mayor ATTEST: L ,t v JL : Melinda Welsh, TRMC o* City Secretary °•N�. . °1i:••......•• • . ° OFT R2013-13 2 • • '-t- r ar Li: 1, rtil` \ 2 \ - _ ________ _ , i -- ;1 �. P••• -.+ems I rat -r -; -r am G1T�- ter= Ai• \k ,� ` ROSERT C. SMITH v /tlLlt4i i `o �� P A-0-7- O ' Lc--'l" 1P_ ''' \-,3'. c 528 °� fq�• s,`P �o G, ��21 ;,./�51.�/OC.rJ 'JU�3C�I�/l51v1�� " `� •_�- `�, ��� suK`' I Li T�-•C 14 �''( IClj1G 02 J,12 , I,4 LL I�N(�j L��C-�'� ,�ccoQDi�ll • 'ii I -r�) -rE t�f-4�v . F>zi p51.�loco ; :,''', \ ���,, Ott: "THe Cc�✓!�!-�(G -21C OF ` ' /tee �ar>r -D 4LI� a cc), ,, 7 �7. .% S ;wy I _^ .. ..\ 1i2i�—() �_� ems ' M.;= ' „�- 1 Pu mac. So v�o2 , uo.6-Z� a:' " Y ... I / 1 '1. ],r �obsti .n „iffrq a.,,r vy ,,� a s�� ►� . 'Rk. Cr-' $ 7 '✓.y p ' �' ytiJi •4t apt . ✓ s rys Y. P + ♦ r J 10 ' EASEMENT TO CITY OF FRIENDSWOOD A 10' Easement out of and a part of Lot 1, Block 6, Friendswood Subdivision in the Sarah McKissick or J. R. Williams League, according to the map of Friendswood Subdivision recorded in Volume 238, Page 14, and Volume 254, Page 37, in the office of the County Clerk of Galveston County, Texas, said easement being more particularly described by metes and bounds as follows: o COMMENCING at the West corner of said Lot 1, Block 6; THENCE South 45° 00' 21" East, a distance of 180.00 feet to a point fo:'• corner; THENCE North 44° 28 ' 11" East, a distance of 53.33 feet to the i LAC E OF BEGINNING of the tract herein described; THENCE continuing North 44° 28 ' 11" East, a distance of 135.00 feet to a point for corner; THENCE South 45° 36 ' 49" East, 96.87 feet to a point for corner; • THENCE 34° 34' 01" West, a distance of 186.37 feet to a point for corner on the Northerly line of a 20 foot Easement of record in Volume 2065, Pages 383-386, in the office of the County Clerk of Galveston County, Texas; THENCE along and with said Northerly line of 20 foot easement, forth 87° 17' 04" East, 4.73 feet to an anode point; THEti(,s .:.). ;. ,. ..... ,11C�t g surf , ., i 1 .iiE I'l y line .%i ,uU foot casement, South 49° 48' 56" East, a distance of 9.69 feet to a point for corner; THENCE North 34° 34' 01" East, a distance of 192.27 feet to a point for corner; • THENCE South 45° 36' 49" West, a distance of 108.73 feet to a point for corner; THENCE South 44° 28 ' 11" West, a distance of 145.00 feet to a point for corner; THENCE South 45° 31 ' 49" East, a distance of 10.00 feet to the rLACE OF BEGINNING. • ��iDS RALPH L.LOWE ��� ��� 6; City Mayor ?rtv � � JAMES C.MORGAN ofJ'rieac1swooc1 City Man agar Councilmen BENNY R.BAKER 0 _ 109 WILLOWICK - PHONE 482-3323 RICHARD L.HAKEN QV PAUL E.MAAZ •,• F RI E N DSWOOD, TEXAS 77546 WILLIAM B.PATTON THOMAS F.LAY EDWARD O.ZEITLER BOBBIE C.HENRY TEXAS January 4 , 19 7% City Secretary Tax Assessor/Collector Galveston County Courthouse Galveston, Texas Attn : Carol Hopkins Re : Acct #63342-0000/0 Gentlemen : • Mrs . Mary Louise Fitch Soule has asked me to contact you regarding taxes on certain property located within the City of Friendswood which she has donated to the City as a park-site. This is Lot eleven out of Block nine of the Subdivision of Friendswood, J. R. Williams or Sarah McKissick League , Galveston County, Texas , containing 12 . 601 acres of land, more or less . A deed conveying this property to the City was signed by Mr. and Mrs . Soule on December 31 , 1975 , and was recorded in the records of the County Clerk on February 5 , 1976 in Book 2653 Page 650 . Through an oversight on the City ' s part , this transaction was not called to the attention of the Tax Office so that the property would be placed on the tax free rolls . Please make this correction in your records and if taxes are due on the property, please notify me and the City will assume the cost. Sincerely, City Secretary cc: Mrs. Harold Soule t� January 4 , 1976 . . • Tax Assessor/Collector . . .• ._ .... , . .. - . » - - - _ • . .4. Galveston County Courthouse •. .. •. , . •. . Galveston, Texas -... .. . .. . -Qttn : . :Carol •Hopkins ~ Ke : Acct #63342-0000/0 . -- - ± Gentlemen: • ti Mrs. Mary Louise Fitch Soule .hasasked me to contact you regarding taxes on certain property located within the City of Friendswood which she has .donated to the City as a park-site. This is Lot eleven out of Block nine of the Subdivision of-Friendswood, J. k. .Williams or Sarah McKissick League , .Galveston . County, Texas, - containing 12. 601 acres of .land, more or less. A deed conveying this property .to.the .City was signed. . by Mr. and Mrs. Soule on December . 31 , - 1975 , and was . . - recorded in the records of ..the County -Clerkon February 5 , 1976 in Book 2653 Page :650. • . » . - Through an oversight on the ,City's >part , this transaction was not called to the attention ..of•the -Tax Office so that the property would be plaoed on the -tax -free ,rolls . Please make this correction in your..recoi ds and if -taxes are due on the property, please notify .me-and the City -wail assume the cost. - -• - . .. ... Sincerely , , City Secretary cc: Mrs. Harold Soule . - - - 0 CITY OF FRIENDSWOOD MEMO ****************************************************************** TO: Carolyn Mautner DATE: June 4 , 1987 FROM: Jane Tollett City Secretary' s Office ****************************************************************** ****************************************************************** Please find attached a copy of the deed for : 1776 Memorial Park per your request. If I can help in any other way, please let me know.