HomeMy WebLinkAboutGeneral Warranty Deed - Charles B Organ Jr and Carolyn L Organ - 1204 MYRTLEWOOD DRGENERAL WARRANTY DEED
This document has beenefectronic�II¥ recorded.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY OF Galveston
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT, Charles B Organ Jr and Carolyn L Organ. hereinafter known as Granter
(whether one or more), of the City of fy\tf'ldfj� State of 3'.tyaS , for and in
consideration of the sum of Two Hundred Thirty Four Thousand Two Hundred Sixty Five
and 46/100 Dollars($234,265.46) to Granter paid by the City of Friendswood, Texas, the
receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and
by these presents does grant, sell and convey unto the said City of Friendswood, Texas,
hereinafter known as City, its successors and assigns, the following described property situated
in the City of Friendswood, Texas.
1204 Myrtlewood Dr, Friendswood, TX 77546
Lots Sixteen (16), in Block Twelve (12), of LONGWOOD PARK, SECTION ONE (1), a
subdivision in Galveston County, Texas, according to the map or plat thereof recorded in
Volume 254A, Page 90 and transferred to Plat Record 5, Map No. 7, both of the Map
Records of Galveston County, Texas.
The above described property conveyed shall include all right, title and interest, if any, of
Granter in and to, (1) any land lying in a street, road, tollway, accessway or easement (including
any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or
within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch
adjoining or adjacent to the above described property, (3) all reversionary rights attributable to
the above described property, and (4) all rights of ingress and egress to the above described
property by way of open or dedicated roads and streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions,
rights-of-way and easements appearing of record in the Official Public Records of Real Property
of Galveston County, Texas, relative to the above described property, but only to the extent the
same are applicable to and enforceable against the City. This conveyance is further made subject
to the restrictions and conditions contained in Exhibit "A" attached hereto and made part hereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said City, its successors and
assigns, forever, and Granter does hereby bind himself, his, herself, her itself, its themselves, their,
heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the
reservations from and exceptions to warranty and conveyance described above.
EXECUTED on JuneQ_, 2021.
Grantor's Address:
l�-,��'j-/t?:�
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
GRANTOR:
,l �/7f;J,a1--Charles B Org��
��anx�
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§ COUNTY OF GALVESTON §
�by Charles B Organ Jr and
&mw\\\\'-'»\\\'\\\\ffi"\\'\\�ECORD ED BYSOUTH LAND TITLE LLC
GF # BOFW1900893
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Charles B Organ
Jr and Carolyn L Organ participating in the federally-assisted acquisition project ("the Grantor") and
the City of Friendswood, Texas, ("the Grantee"), its successors and assigns:
WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"),
42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation
Grant Program, including the acquisition and demolition of structures in the floodplain;
WHEREAS, the mitigation grant program provides a process for a local government, through the State,
to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the
use of the Property as open space in perpetuity;
Whereas, the State has applied for and been awarded such funding from the Department of Homeland
Security, Federal Emergency Management Agency and has entered into a mitigation grant program
Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation
grant program grantee.
Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in
the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed;
Whereas, the City of Friendswoodhas applied for and been awarded federal funds pursuant to an
agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by
reference, making it a mitigation grant program subgrantee;
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement
require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in
order to protect and preserve natural floodplain values;
Now, therefore, the grant is made subject to the following terms and conditions:
1.Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement,
the following conditions and restrictions shall apply in perpetuity to the Property described in the
attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the
acquisition of property for open space:
a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for
the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational
activities; wetlands management; nature reserves; cultivation; grazing; camping ( except where adequate
warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones;
and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation
Assistance, Requirements for Property Acquisition and Relocation for Open Space.
b.Structures. No new structures or improvements shall be erected on the Property other than:
i.A public facility that is open on all sides and functionally related to a designated open space or
recreational use;
ii.A public rest room; or
iii.A structure that is compatible with open space and conserves the natural function of the
floodplain, including the uses described in Paragraph l .a., above, and approved by the FEMA
Administrator in writing before construction of the structure begins.
Any improvements on the Property shall be in accordance with proper floodplain management
policies and practices. Structures built on the Property according to paragraph b. of this section shall be
floodproofed or elevated to at least the base flood level plus 1 foot of free board, or greater, if required
by FEMA, or ifrequired by any State, Tribal, or local ordinance, and in accordance with criteria
established by the FEMA Administrator.
c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster
assistance for any purpose with respect to the Property, nor may any application for such assistance be
made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for
damage to structures on the property occurring after the date of the property settlement, except for
pre-existing structures being relocated off the property as a result of the project.
d.Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written approval
of the transferee in accordance with this paragraph.
i.The request by the Grantee, through the State, to the FEMA Regional Administrator must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation
organization. However, the Grantee may convey an easement or lease to a private individual or entity
for purposes compatible with the uses described in paragraph (a), of this section, with the prior
approval of the FEMA Regional Administrator, and so long as the conveyance does not include
authority to control and enforce the terms and conditions of this section.
iii.If title to the Property is transferred to a public entity other than one with a conservation mission,
it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall
incorporate all terms and conditions set forth in this section, including the easement holder's
responsibility to enforce the easement. This shall be accomplished by one of the following means:
a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity
other than the title holder, which shall be recorded with the deed, or
b)At the time of title transfer, the Grantee shall retain such conservation easement, and record it
with the deed.
iv.Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist
or loses its eligible status under this section.
2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting
the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant
award.
3.Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee ), in
coordination with any current successor in interest, shall submit through the State to the FEMA
Regional Administrator a report certifying that the Grantee has inspected the Property within the month
preceding the report, and that the Property continues to be maintained consistent with the provisions of
44 C.F .R. Part 80, the property conveyance, and the grant award.
4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R.
Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of
FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of
enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing and
advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort
to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the
terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an
action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to 1 or more of the following:
a)Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee;
and current holder of the property interest.
b)Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the
costs of bringing the Property back into compliance with the terms of the grant; or
c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of
the following parties: the State, the Tribe, the local community, and their respective successors
5.Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory purposes
underlying the agreement.
6.Severability. Should any provision of this grant or the application thereof to any person or
circ umstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
grant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR(S):
C a rl es B Organs r
� W
GRANTEE:
Morad Kabiri, City Manager
City of Friendswood,Texas
A.Settlement Statement 0MB No. 2502-0265
B. Type of LoanI. □ FHA 2. 0 FmHA 3. □ Conv Unins 6.File NumberBOFW1900893 7. Loan Number 8.Mortgage Ins Case Number4. □ VA 5.□ Conv Ins. 6. □ Seller Finance7.(BJ Cash Sale.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\µ.v.v.J VY'i;,J� ua.,u UU�IU'-,, 1,.111,,,, \,,IV.:>Ul.t:;. Lll'-'Y QJI,,, .:>IIUVYII U\,,I\,, IVI 111.lVIIIIUl,.IVllUI U!wllUV.J..,,J a.II'-'� ... IIV'-HIVl\olU ....... Ill ......... V'-'"'""'· D.Name & Address of Borrower E. Name & Address of Seller F. Name & Address of LenderCity of Friendswood, Texas Charles B Organ Jr and Carolyn L Organ910 S. Friendswood DriveFriendswood, TX 77546 ' ' G. Property Location H.Settlement Agent NameSouth Land Title, LLC
Longwood Park, Section 1, Block 12, Lot 16, Galveston County, TX 6710 Stewart Road
1204 Myrtlewood Dr Suite 200
Friendswood, TX 77546 Galveston, TX 77551 Tax ID: 27-1152905
Underwritten Bv: Texan Title Insurance ComoanvPlace of Settlement I.Settlement DateSouth Land Title, LLC-Commercial Div. 6/3/2021
192 Gulf Freeway South, Suite C-2 Fund:League City, TX 77573 J.Summary of Borrower's Transaction K. Summary of Seller's Transaction100. Gross Amount Due from Borrower -----. ----------•·----------------. ' --400. Gross Amount Due to Seller--- -----. IO I. Contract Sales Price $234,265.46 40 I. Contract Sales Price $234,265.46 I 02. Personal Property 402.Personal PropertyI 03. Settlement Charges to borrower $1,741.73 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance I 06. City property taxes 406.City property taxesI 07. County property taxes 407.County property taxes108. HOA 408: HOA I 09. School property taxes 409.School property taxes110.MUD taxes 410.MUD taxes111.Flood Insurance 411.Flood Insurance112. 412. 113. 413. 114.Reimb Seller for Upfront 414.Reimb Seller for UpfrontHOA Fee HOA Fee115. 415.116. 416.120.Gross Amount Due From Borrower $236,007.19 420. Gross Amount Due to Seller $234,265.46
200. Amounts Paid By Or in Behalf Of Borrower 500.Reductions in Amount Due to Seller201.Deposit or earnest money 50 I. Excess Deposit -202-erincioaLamounLofne.l1l.loao(s)502.Settlement Charges to Seller (line 1400)$2,441.24
File No. BOFWI 900893 L.Settlement Charges700.Total Sales/Broker's Commission based on price $234,265.46 @%=Division of Commission (line 700) as follows: 701. to 702. to 703.Commission Paid at Settlement704.The following parties, persons, firms or to 705.corporations have received a portion of to 706.the real estate commission shown above.to 800.Items Payable in Connection with Loan 801.Loan Origination Fee %to 802. Loan Discount % to 803.Appraisal Fee to 804.Credit Report to 805.Lender's Inspection Fee to 806.Mortgage Insurance Application to 807.Assumption Fee to 808. Flood Certification Fee to 900.Items Required by Lender To Be Paid in Advance 90 I. Interest from 6/3/2021 to 7/1/2021 @$0/day 902.Mortgage Insurance Premium for months to903.Hazard Insurance Premium for years to 904.Flood Insurance for year(s) to 905.Windstorm Insurance for year(s) to 1000. Reserves Deposited With Lender I 00 I. Hazard insurance months@ per month I 002. Mortgage insurance months@ per month I 003. City property taxes months@ per month I 004. County property taxes months@ per month 1005. HOA months@ per month I 006. School property taxes months@ per month 1007. MUD Taxes months@ per month I 008. Flood Insurance months@ per month 1009. Other Taxes 0 months@ IO 11. Aggregate Adjustment 1100. Title Charges I IO I. Settlement or closing fee to South Land Title, LLC 1102. Abstract or title search to I I 03. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to (includes above items numbers: 1108. Title insurance to South Land Title, LLC (includes above items numbers: I I 09. Lender's coverage $0.00/$0.00 1110. Owner's coverage $234,265.46/$1,540.00 1111. Escrow fee to South Land Title, LLC 1112. State of Texas Policy Guaranty Fee to Texas Title Insurance Guaranty
Association 1113. to 1114. Tax certificates to Realty Tax Search, Inc. 1115. Title Premium split 85% to South Land Title, LLC 1116. Title Premium split 15% to Texan Title Insurance Company 1117. Courier to South Land Title, LLC
1200. Government Recording and Transfer Charges 120 I. Recording Fees Deed $49. 73 ; Mortgage : Rel to South Land Title, LLC I 202. City/county tax/stamps Deed ; Mortgage to 1203. State tax/stamps Deed ; Mortgage to 1204. Recording to South Land Title, LLC
1300. Additional Settlement Charges 1301. HOA Transfer Fee to 1302. Overpayment of HOA Transfer Fee to 1303. 2021 Prorated County Tax to 6/3 to Galveston County Tax Collector 1304. 2021 Prorated !SD Tax to 6/3 to Friendswood ISO Tax Office 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) S0.00
)
) Paid From Borrower's Funds at Settlement $0.00
$125.00
:-� f.: ;�\\.�·�1�}!t��� �.?
Sl,540.00 ' .. �-.��-t��.,i
,:1,·J1T"'f"'�"fa1?·� fl.�•i·':?�· • ,:i': 'l � •• .._. ••·�• -l'� .·· •r'•�'t � ,� ; ,..._t � ., '"· ) ... · , .. , ....
$2.00
$25.00
$49.73
$1,741.73 Paid From Seller's Funds at Settlement S0.00
:?: :): ·:'·-�-�..:.� .. J
�<�•\).\;:>·�;�, -� -}!;�f.B{. ·{·. l:T,-'?·V:. ;'_ i?--<.:>·
S0.00 $1,006.73 $1,434.51
$2,441.24 I have carefully reviewed the HUD-I Settlement Statement and to the best of my knowledge and belief. it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a completed copy of pages I, 2 and 3 of this HUD-I Settlement Statement.
City ofFriendswood, Texas �� By: Morad Kabiri, City Manager SETTLEMENT AGENT CERTIFICATION Settlement Statement which I have prepared is a true and accurate is transaction. I have caused the funds to be disbursed in ewitht�ent. l,-3-2021 t Agent Date Previous Editions are Obsolete �h<l�BO(dz{}V& 04} M1
J�Yidc �A-'form HUD-1 (3/86) Handbook 4305.2
GENERAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN RE AL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STA TE OF TEXAS
COUNTY OF Galveston
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT, Charles B Organ Jr and Carolyn L Organ. hereinafter known as Granter
(whether one or more), of the City of fi:\U\lJf1J5tlf State of :f..($.S , for and in
consideration of the sum of Two Hundred Thirty Four Thousand Two Hundred Sixty Five
and 46/100 Doll ars($234,265.46) to Grantor paid by the City of Friendswood, Texas, the
receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and
by these presents does grant, sell and convey unto the said. City of Friendswood, Texas,
hereinafter known as City, its successors and assigns, the following described property situated
in the City of Friendswood, Texas.
1204 Myrtlewood Dr, Friendswood, TX 77546
Lots Sixteen (16), in Block Twelve (12), of LONGWOOD PARK, SECTION ONE (1), a
subdivision in Galveston County, Texas, according to the map or plat thereof recorded in
Volume 254A, Page 90 and trans ferred to Plat Record 5, Map No. 7, both of the Map
Records of Galveston County, Texas.
The above described property conveyed shall include all right, title and interest, if any, of
Gran tor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including
any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or
within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch
adjoining or adjacent to the above described property, (3) all reversionary rights attributable to
the above described property, and (4) all rights of ingress and egress to the above described
property by way of open or dedicated roads and streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions,
rights-of-way and easements appearing of record in the Official Public Records of Real Property
of Galveston County, Texas, relative to the above described property, but only to the extent the
same are applicable to and enforceable against the City. This conveyance is further made subject
to the restrictions and conditions contained in Exhibit "A" attached hereto and made part hereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging unto the said City, its successors and
assigns, forever, and Granter does hereby bind himself, his, herself, her itself, its themselves, their,
heirs, executors and administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns, against every person
whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the
reservations from and exceptions to warranty and conveyance described above.
EX ECUTED on JuneQ_, 2021.
Grantor's Address:
l�,,�'.'?Gfl:.
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
GRANTOR:
" ( At,,0(7 � cvJ_
Charles B Orga-n<rr-V j_�;Xtti� -olvnLr; (, ACKNOWLEDGMENT THE ST A TE OF TEXAS §
§ COUNTY OF GALVESTON §
/) This instrument was acknowledged before me on Jun �b)'. Charles B Organ Jr andCarolyn L Or0an. �� . 'l'-"-' ��, ,�'''""""" m \'-'-\\,\\.\m, m .
� SSOMAN � (§SA?;<f\ NOTARY ID #1088519-8:�.: ��.f} My Com1mss1on Expires .
•,:;,0,-;;,.._,. June , o. 2025 ,,.
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SOUTH LAND TITLE LLC
GF# BOFWI900893
Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Charles B Organ
Jr and Carolyn L Organ participating in the federally-assisted acquisition project ("the Grantor") and the City of Friendswood, Texas, ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§ 5170c, Hazard Mitigation Grant Program, including the acquisition and demolition of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332, herein incorporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the City ofFriendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1.Tenns. Pursuant to the terms of the HMGP program statutory authorities, Federal programrequirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement,the following conditions and restrictions shall apply in perpetuity to the Property described in theattached deed and acquired by the Grantee pursuant to FEMA program requirements concerning theacquisition of property for open space:a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space forthe conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping ( except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than:i.A public facility that is open on all sides and functionally related to a designated open space or
recreational use; ii.A public rest room; oriii.A structure that is compatible with open space and conserves the natural function of thefloodplain, including the uses described in Paragraph I .a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disasterassistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer. The Grantee, including successors in interest, shall convey any interest in theProperty only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee, through the State, to the FEMA Regional Administrator must includea signed statement from the proposed transferee that it acknowledges and agrees to be bound by the tenns of this section, and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservationorganization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the tenns and conditions of this section. iii.If title to the Property is transferred to a public entity other than one with a conservation mission,it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entityother than the title holder, which shall be recorded with the deed, or b)At the time of title transfer, the Grantee shall retain such conservation easement, and record itwith the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictionsproviding notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right toenter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspectingthe Property to ensure compliance with the terms of this part, the Property conveyance and of the grantaward.3.Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), incoordination with any current successor in interest, shall submit through the State to the FEMARegional Administrator a report certifying that the Grantee has inspected the Property within the monthpreceding the report, and that the Property continues to be maintained consistent with the provisions of44 C.F.R. Part 80, the property conveyance, and the grant award.4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and theirrespective representatives, successors and assigns, are responsible for taking measures to bring theProperty back into compliance if the Property is not maintained according to the terms of 44 C.F.R.Part 80, the property conveyance, and the grant award. The relative rights and responsibilities ofFEMA, the State, the Grantee, and subsequent holders of the property interest at the time ofenforcement, shall include the following:a.The State will notify the Grantee and any current holder of the property interest in writing andadvise them that they have 60 days to correct the violation. i.If the Grantee or any current holder of the property interest fails to demonstrate a good faith effortto come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives, and assignees may enforce the terms of the grant by takingany measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b)Requiring transfer of title. The Grantee or the current holder of the property interest shall bear thecosts of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all ofthe following parties: the State, the Tribe, the local community, and their respective successors 5.Amendment. This agreement may be amended upon signatures ofFEMA, the state, and the Granteeonly to the extent that such amendment does not affect the fundamental and statutory purposesunderlying the agreement.6.Severability. Should any provision of this grant or the application thereof to any person orcircumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of thisgrant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR(S): (_
r -� (11 , I \ i'PHAA"L---'r. u-·GRANTEE: �/4F-�
Morad Kabiri, City Manager
City of Friendswood, Texas
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES (for Sales Only) GF# BOFW1900893
Unit Tract# SUBJECT PROPERTY: ADDRESS: 1204 Myrtlewood Dr, Friendswood, TX 77546
LEGAL DESCRIPTION: Lots Sixteen (16), in Block Twelve (12), of LONGWOOD PARK, SECTION
ONE (1 ), a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in
Volume 254A, Page 90 and transferred to Plat Record 5, Map No. 7, both of the Map Records of Galveston
County, Texas. BEFORE ME, the undersigned authority, on this day personally appeared Charles B Organ Jr and Carolyn L Organ, Personally known to me to be the person (s) whose name is (are) subscribed hereto and upon his/ her /their oath deposes and says: The undersigned represent (s) to South Land Title, LLC, hereinafter the company, to his/ her /their best knowledge that, 1.Except as noted below, there are no parties occupying, renting, leasing, residing orpossessing the subject property or any portion thereof, nor is the undersigned aware ofany parties claiming title to the subject property or any portion thereof by reason of·adverse possession, excZ:j_ �/ft 2.No unpaid debts for plumbing fixtures, water heaters, swimming pool, furnaces, airconditioners, radio or television antenna, carpeting, rugs,lawn, sprinkling systems, Venetian blinds, window shades, draperies, electricappliances, fences, street paving assessments, and or any personal property or fixturesthat are located on the subject property described above, and that no such items havebeen purchased on time payment contracts, and there are no security interests on suchproperty secured by financing statements, security agreements, or otherwise exceptthe following:Secured Party: n 0 Approximate Amgunt: ____ _3.No Mortgage liens of any kind against such property except the following:11 Secured Party: UApproximate Amount: __ (O __ _IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT(S)ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH
STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE
NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE
ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS
UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND
ANY OTHER LIEN INCLUDING AD V ALO REM TAXES NOT SPECIFICALLY
REFERENCED ABOVE.
That affiant owes no past du Fe�e�al or S:ate t� and that there are no delinque�t
Federal assessments presently a 0amstAffiant, and that no Federal or State
Liens have been filed against Affiant. There are no Involuntary liens, federal tax liens,
oil and gas liens and or home equity line of credit loans outstanding against said
property or sellers. --
There are n delinquent tate, County, City, School District, Water District or other
governmenta ag or homeowners association taxes or assessment of any kind due
or owing against said property and that no tax suit has been filed by any State,
County, City, School District, Water District or other governmental agency for taxes levied against said property.
There are no liens of any kind or character or claims �ding against
the property, and we have signed no petitions for the pav�e street or alley
adjoining this property and know of no petitions being circulated for payment.
All labor and material used in the construction of improvements, if any, on the above
describ°el� have been paid for. There are now no unpaid labor or material
claims against the improvements or repairs, if any, or the property upon which same
are situated, and the undersigned hereby declares that all sums of money due for the
erection of improvements, or repairs if any, have been fully paid and satisfied, and
there are no Mechanic's Liens or Materialmen's Liens against the hereinabove
property.
There are no proceedings jnhankruptcy ot)receivership that have been instituted by,
or against me/us, and Vw�ve ne�.r��e an assignment for the benefit of
Creditors.
Further, the undersigned has claimed
which he/she/they/it are not entitled.
relating to ad valorem taxes to
The undersigned realizes that these representations are made to include the Company and its Underwriter to insure the title to subject property and tenants.
VWE FURTHER STATE:
This affidavit is made to South Land Title, LLC and Texan Title Insurance Company as an
inducement to them to complete this transaction, and VWe realize that South Land Title, LLC and
Texan Title Insurance Company are relying upon the representations contained herein; and the
undersigned does hereby swear under the penalties of perjury that the foregoing information is true and correct in all respects. I/We further covenant and agree with South Land Title, LLC and Texan Title
Insurance Company forever fully to protect, defend and save harmless South Land Title, LLC and
Texan Title Insurance Company from and against all loss, costs, damages, and attorneys' fees and expenses of every kind and nature which it may suffer, expend or incur under or by reason, or in consequence of reliance upon the representations herein.
EXECUTED on June:a , 2021
SELLER'S SIGNATURE(S):
Charles B'6r'o'an J ,
:4 o C V
Carn!� (@r�
STATE OF TEXAS COUNTY OF Galveston
SWORN TO, SUBSCRIBED AND AC!OjpWLEand Carolyn L Organ,on June.:> 2021. BEFORE ME, BY Charles B Organ Jr
�;""'��m�,�,m,m·
SBOMAN NOTARY 10 #1088519·8
My CommissiOn Expires
June 10. 2025
'ublic, State of Texas Notary's Printed Name _______ _ My Commission expires: ______ _
SOUTH LAND TITLE, LLC
Title Company Disclosure
BUYER/BORROWER(S): City of Friendswood, Texas
SELLER(S): Charles B Organ Jr and Carolyn L Organ
PROPERTY ADDRESS: 1204 Myrtlewood Dr
Friendswood, TX 77546
LEGAL DESCRIPTION:
Lots Sixteen (16), in Block Twelve (12), of LONGWOOD PARK, SECTION ONE (1), a
subdivision in Galveston County, Texas, according to the map or plat thereof recorded
in Volume 254A, Page 90 and transferred to Plat Record 5, Map No. 7, both of the Map
Records of Galveston County, Texas.
GF # BOFW1900893
Unit Tract#
By executing this Closing Affidavit, each Seller acknowledges their understanding of the disclosures being made by SouTH
LAND TITLE, LLC, and affirms the representations made by them to SouTH LAND TITLE, LLC. Each disclosure and/or
representation may jointly benefit SouTH LAND TITLE, LLC and its title insurance underwriter-in-interest.
1.PROPERTY TAXES:
PR ORA TIO NS: Property taxes for the current year have been prorated. Seller, who each acknowledge and understand
that these prorations are: (a) amounts provided to SouTH LAND TITLE, LLC by the taxing entities, or (b) based upon the
sales price or the most current appraised value available and the most current tax rate available or (c) based upon some
other common method of estimation. These amounts are estimates from January 1 st through the day of closing. The
seller understands they could receive a refund for overpayment or could receive a tax bill after closing should the
appraised value or tax rate increase.
EXEMPTIONS: SELLER is aware that the above mentioned Property may have an exemption status which has reduced
the tax amounts owed on this Property for the last year. This exemption status may include, but is not limited to,
homestead exemptions, over sixty-five (65) exemptions, and/or exemptions due to disability. SELLER is further aware
that SouTH LAND TITLE, LLC has prorated the tax amounts due at closing based on these exemptions, and using last
year's tax assessments.
The Texas Property code provides the ability for the Tax Entities to remove these exemptions for the current year ifdocumentation is not provided to continue the exemptions and/or if information is given to remove the exemptions due to
lack of eligibility. By signing, SELLER is authorizing SouTH LAND TITLE, LLC to prorate the tax amounts due on the
above Property in accordance with the procedures as outlined above, and agree to hold SouTH LAND TITLE, LLC
harmless from any changes in exemption status which may result in an increase of taxes due for the current year.SELLER further agrees that any changes resulting in additional taxes due will be paid by seller immediately by seller
upon notification, without liability on Sourn LAND TITLE, LLC.{P ff) Seller will transfer the homestead exemption, over sixty-five (65) exemptions, and/or exemptions dueto disab� another Property.
2.
____ Seller will NOT transfer homestead exemption, over sixty-five (65) exemptions, and/or exemptions
due to disability to another Property.
SUPPLEMENTALS: If supplemental tax bills are issued for prior or current years taxes, due to any exemptions being
removed after closing, Seller understands they are solely responsible for paying said supplemental taxes.
Seller warrants and represents that there are no past due taxes owed on the property and if such warranty and
representation is untrue, the Seller shall reimburse South Land Title, LLC, on-demand, for any sums paid by the South
Land Title, LLC to pay such taxes and any related penalty and interest.
Seller agrees that when amounts of the current taxes become known and payable, on or about October 1st, any amounts
due over the amount collected may be reimbursed to the title company. Any amounts over collected will be refunded
upon receipt from the taxing entities.
Seller recognizes their responsibility for all taxes prior to the date of closing the subject transaction. Should it develop at
a later date, that taxes other than those collected at closing are due for prior years, seller agrees to make full settlement to
the taxing entities or to SouTH LAND TITLE, LLC.
Seller's Initials� Ll _
� -==c..
DISBURSEMENT AUTHORIZATION Seller hereby authorizes SouTH LAND TITLE, LLC to make
expenditures and disbursements as shown on the closing statement and approves same for payment. SouTH LAND
TITLE, LLC may supply a copy of this Statement to any real estate agent or lender involved in this transaction,
and Buyer and Seller acknowledge receipt ofa copy of the Statement. / CJ '
Seller's Initials� __ ·
3.ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the closing
of this transaction contain errors which misstate or inaccurately reflect the true and correct terms, conditions and
provisions of this closing, and the inaccuracy or misstatement is due to a clerical error or to a unilateral mistake
on the part of SouTH LAND TITLE, LLC , or to a mutual mistake on the part of SouTH LAND TITLE, LLC and/or
the Seller, the undersigned agree to execute, in a timely manner, such correction documentation as SouTH LAND
TITLE, LLC may deem necessary to remedy such inaccuracy or misstatement.
4.
5.
Seller's Initials: � �
NON-RESIDENT ALIEN: Seller is not a non-resident alien for purposes of United States Income Taxation.
Seller's Initials: &6 �·
INDEMNITY: SELLER HEREBY ACKNOWLEDGES THAT THEY HAVE EXECUTED THIS AFFIDAVIT
WILLINGLY AND OF THEIR OWN FREE VOLITION, AND HEREBY AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS SouTH LAND TITLE, LLC ITS TITLE INSURANCE UNDERWRITER,
FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, EXPENSE, CLAIM, ACTION OR CAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE DISCLOSURES
AND REPRESENTATIONS CONTAINED HEREIN. C, ,A h 1,,_ ,. Seller's Initials-� _s..)L
EXECUTED on June3, 2021
SELLER'S SIGNATURE(S):
'} !JJ� a /J (/ f _,) Charles B Organ Jr
�L�k �
THE ST A TE OF TEXAS §
COUNTY OF GALVESTON §
SWORN TO, �BSCRIBED AND A L Organ, on Jund'_, 2021.
•:i'"-'�'�m"'-mfu\,.\\.'�
•�-��' S BOMAN l�-�··� ;·-{f_\ NOTARY 10 #1088519-8
• •. i.: • .i• � My Commission Expires
-�>·· • ,:,,
"fi'o,'""""i June 10, 2025
BEFORE ME, by Charles B Organ Jr and Carolyn
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE
FROM: PATRICK F. DOYLE
GF#:
Unit Tract#
PATRICK F. DOYLE REALTY TAX
SEARCH, INC. TEXAN TITLE HOLDINGS, LLC, PATRICK F.
DOYLE, DOYLE LAW FIRM, PLLC, TEXAN TITLE HOLDINGS, LLC,
REALTY TAX SEARCH, INC.
NOT
THERE ARE OTHER SETTLEMENT SERVICE
PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU
ARE RECEIVING THE BEST SERVICES AND THE BEST RA TE FOR THESE SERVICES.
./Sl J :-1. luc .. \1irip1rio11 a.ud B1�1·011r Cou.,11/m1rr:i
1'0 !Jo\' -1:1,;1,·
!.A•t•sbur:,4; l'.-t :.!UI 77 ->------'--------�'--·---._,__�--------
( l J) .r-10-</tiS-tJ!J 1., ( F) st:t,·-o·:1s-a.1.�!!
J.,·w,1/(11'011rlot1k.ro111
DATE: April 16, 2021
ADDRESS: 1204 Myrtlewood Dr.
OWNER NAME:Charles 8. Organ Jr and Carolyn L. Organ
I/We, John Valade, understand that it is my/our responsibility as owner(s) of the
above property to have all utilities turned off within 7 days of the date of closing.
&/12 {) /vC-f():(l ,j-/ / I__../"�7-( Date
}.
6/4/2021
City of Friendswood, Texas
910 S. Friendswood Drive
Friendswood, TX 77546
RE: GF Number: BOFWI 900893
SOUl!t�
--==TITLE =-.... ---
a TEXAN*TrrLE COMPANY
Seller: Charles B Organ Jr and Carolyn L Organ
Buyer/Borrower: City of Friendswood, Texas
Property: 1204 Myrtlewood Dr
Friendswood,TX 77546
Closer Name: Buyout
Dear Policyholder,
In connection with the above transaction, we enclose your Owner Policy of Title Insurance. Please
retain this document in a safe place.
Your deed has been filed for record in the County Clerk's office ..
It has been a pleasure to serve you. Please keep us in mind in the future if you decide to sell or refinance
your property, as we can process your transaction quickly. Remember to file for your homestead
exemption with the central appraisal district, if applicable.
Should you have any questions or if we can be of further assistance, please do not hesitate to contact us.
� Irene A. Lozano
Policy Department
/sc
192 Gulf Freeway S.Suite C-2, League City, Texas 77573•(281)338-2225•Fax (281)338-2205
SOUTH LAND TITLE, LLC
PRIVACY POLICY
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of SOUTH LAND TITLE, LLC.
We may collect nonpublic personal information about you from the following sources:
•Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agent
or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED
TO RECEIVE ANY INFORMATION FROM THIS COMPANY ON ANY MATTER RELATED TO
YOUR CONTRACT.
South Land Title, LLC
6710 Stewart Road
Suite 200
Galveston, TX 77551
Agent for Texan Title Insurance Company
DOYLE LAW FIRM, PLLC
PRIVACY POLICY NOTICE
PURPOSE OF TIIlS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of DOYLE LAW FIRM, PLLC ..
We may collect nonpublic personal information about you from the following sources:
•Information we receive from you, such as on applications or other forms•Information about your transactions we secure from our files, or from our affiliates or others•Information we receive from a consumer reporting agency•Information that we receive from others involved in your transaction, such as the real estate agent
or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY LAW. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER. WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS. NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED
TO RECEIVE ANY INFORMATION FROM THIS COMPANY ON ANY MA TIER RELATED TO
YOUR CONTRACT.
POLICY NO. Tl-1619-10001710 OWNER'S POLICY OF TITLE INSURANCE (T-1) ISSUED BY TEXAN TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONL\INED IN SCHEDULE B AND THE CONDITIONS, TEXAN TITLE INSURANCE COMP ANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount oflnsurance, sustained or incurred by the Insured by reason of: 1.Title being vested other than as stated in Schedule A.2.Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:(a)A defect in the Title caused by:(i)forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;(ii)failure of any person or Entity to have authorized a transfer or conveyance;(iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;(v)a document executed under a falsified, expired or otherwise invalid power of attorney;(vi)a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts byelectronic means authorized by law; or(vii)a defective judicial or administrative proceeding.(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.(c)Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by anaccurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvementslocated on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.(d)Any statutory or constitutional mechanic's, contractor's, or materialman 's lien for labor or materials having its inception on orbefore Date of Policy.3.Lack of good and indefeasible Title.4.No right of access to and from the Land.Covered Risks continued on next page.IN WITNESS WHEREOF, Texan Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Countersigned by: � Authorized Countersignature South Land Title, LLC Company Name �
TEXAN� TITLE
INSURANCE COMP'ANY
- A ki:,;,1 1'..-•,H T':tlci CO<"�!'M'l)' -
Texan Title Insurance Company Patrick,·. For coverage information or assistance resolving a complaint, call (866) 55-TEXAN or visit www.texantitle.com. To nuke a claim, furnish written notice in accordance with Section 3 of the Conditiom. 5.The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building andzoning) restricting, regulating, prohibiting or relating to:(a)the occupancy, use or enjoyment of the Land;File No. BOFW!900893 Owner's Policy of Title Insurance (f-1) • Version 1/3/14
(b) the character, dimensions or location of any improvement erected on the Land; (c)subdivision ofland; or(d)environmental protectionif a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, butonly to the extent of the violation or enforcement referred to in that notice.6..An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of theenforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcementreferred to in that notice.7.The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the PublicRecords.8..Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.9.Title being vested other than as stated in Schedule .A or being defective:(a)as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or anypart of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule .A because thatprior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rightslaws; or(b) because the instrument of transfer vesting Title as shown in Schedule .A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i)to be timely, or(ii)to impart notice of its existence to a purchaser for value or a judgment or lien creditor.10..Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created orattached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed orother instrument of transfer in the Public Records that vests Title as shown in Schedule .A.The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1.(a) .Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting or relating to: (i)the occupancy, use, or enjoyment of the Land;(ii)the character, dimensions or location of any improvement erected on the Land;(iii)subdivision ofland; or(iv)environmental protection;or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1 (a) does not modify or limitthe coverage provided under Covered Risk 5.(b).Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6.2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.3.Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by the Insured Claimant;(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and notdisclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under thispolicy;(c)resulting in no loss or damage to the Insured Claimant;(d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under CoveredRisk 9 and 10); or(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.4..Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transactionvesting the Title as shown in Schedule .A, is:(a)a fraudulent conveyance or fraudulent transfer; or(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.5..Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule.A.6.The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule.A because of Unmarketable Title.File No. BOFWl 900893 Owner's Policy of Title Insurance (f-1) -Ven;ion 1/3/14
CONDITIONS 1.DEFINITION OF TERMS.The following terms when used in this poli cy mean:
(a)"Amount oflnsurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) ''Date of Policy': The date designated as''Date of Policy' in Schedule A.
(c)''Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d)"Insured": the Insured named in Schedule A.
(i)The term "Insured" also includes:
(A)successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees,
survivors, personal representatives or next of kin;
(B)successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C)successors to an Insured by its conversion to another kind of Entity;
(D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;
(1)If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
(2)If the grantee wholly owns the named Insured,
(3)If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person or Entity, or
(4)If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.(ii)With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have
had against any predecessor Insured.
(e)"Insured Claimant": an Insured claiming loss or damage.
(f)"Knowledge" or "Known": actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g)"Land": the land described in Schedule A, and affi...._ed improvements that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting
streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from
the Land is insured by this policy.
(h)"Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized
by law.
(i)"Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5( d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the
Land is located.
G)"Title'': the estate or interest described in Schedule A.
(k)"Unmarketable Title'': Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery
of marketable title.2.CONTINUATION OF INSURANCE.The coverage of this poli cy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only
so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in
force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase
money Mortgage given to the Insured.3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) below, or (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause
loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured
Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the
prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other
defect in Title insured by this policy that is not excluded or excepted from the coverage of this poli cy. the Company shall promptly
investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or
File No. BOFW1900893
Owner'$ Policy of Title ln$urance (f-1) -Version 1/3/14
statute. The Company shall notify the Insured in writing, -within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was other-wise addressed in the closing of the transaction in connection -with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore,issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance-without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection -with its issuance of a policy(ies) of title insurance -without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance,adverse claim or defect; or (vi) undertake a combinationof (i) through (v) herein. 4.PROOF OF LOSS.In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition ofpayment that the Insured Claimant furnish a signed proof ofloss. The proof ofloss must describe the defect, lien, encumbrance or othermatter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculatingthe amount of the loss or damage.5.DEFENSE AND PROSECUTION OF ACTIONS.(a)Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at itsown cost and -without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts aclaim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging mattersinsured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured toobject for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay thefees of any other counsel. The Company-will not pay any fees, costs or expenses incurred by the Insured in the defense of those causesof action that allege matters not insured against by this policy.(b)The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecuteany action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or toprevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of anyprovision of this policy. If the Company exercises its rights under this subsection, it must do so diligently.(c)Wbenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue thelitigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appealfrom any adverse judgment or order.6.DUTY OF INSURED CLAIMANT TO COOPERATE.(a)In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding andany appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, includingthe right to use, at its option, the name of the Insured for this purpose. Wbenever requested by the Company, the Insured, at theCompany's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining-witnesses, prosecuting or defendingthe action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessaryor desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnishthe required cooperation, the Company's obligations to the Insured under the policy shall terminate,including any liability or obligationto defend, prosecute, or continue any litigation, -with regard to the matter or matters requiring such cooperation.(b)The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative ofthe Company and to produce for examination,inspection and copying, at such reasonable times and places as may be designated by theauthorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,correspondence,reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertainto the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant itspermission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgmentof the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination underoath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third partiesas required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company underthis policy as to that claim.File No. BOFW1900893
Owner's Policy of Tide Insurance (f-1) -Version 1/3/14
7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.In case of a claim under this policy, the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount ofinsurance.
To pay or tender payment of the Amount ofinsurance under this policy together with any costs, attorneys' fees and expenses
incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
(b)To Pay or Otherwise Settle with Parties Other than the Insured or With the Insured Claimant.
(i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy.
In addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by
the Company up to the time of payment and that the Company is obligated to pay; or
(ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs,
attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and
that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i)
or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required
to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.8.DETERMINATION AND EXTENT OF LIABILITY.This policy is a contract of indemnity against actual monetar y loss or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i)the Amount ofinsurance; or
(ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b)If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount ofinsurance shall be increased by 10%, and
(ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the
Insured Claimant or as of the date it is settled and paid.
(c)In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.9.LIMITATION OF LIABILITY.(a)If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or
from the Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused to the Insured.
(b)In the event of any litigation,including litigation by the Company or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals, adverse
to the Title, as insured.
( c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim
or suit without the prior written consent of the Company.10.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the • .\mount of Insurance by the
amount of the payment.11.LIABILITY NONCUMULATIVE.The A.mount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortga ge to which exception is
taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.12.PAYMENT OF LOSS.When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made
within 30 days.13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by theFile No. BOFWl 900893 Owner•� Policy of Title Insurance (f-1) -Vcr�ion 1/3/14
Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of
the Insured Claimant in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered its loss.
(b)The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties ,other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments that address subrogation rights.14.ARBITRATION.Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or
consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the
Amount oflnsurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an
individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be
binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.15.LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.(a)This policy together with all endorsements,if any, attached to it by the Company is the entire policy and contract between the Insured
and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this
policy.
(c)Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except
as the endorsement expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy or (iv) increase the Amount oflnsurance. Each Commitment, endorsement or other form,
or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the
term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment,
endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the
Conditions of this policy.16.SEVERABILITY.In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.17.CHOICE OF LAW; FORUM.(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights,
remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims
against the Title that are adverse to the Insured, and in interpretingand enforcing the terms of this policy. In neither case shall the court
or arbitrator apply its conflicts of laws principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories having appropriate jurisdiction.18.NOTICES, WHERE SENT.Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at 6710Stewart Road, Suite 300, Galveston, Texa$ 77551.
File No. BOFW1900893
Owner's Policy of Title Insurance (f-1) -Version 1/3/14
GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECUR ITY NUMBER OR YOUR DRIVER'S LICEN SE NUMBER.
THE STA TE OF TEXAS
COUNTY OF Galveston
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT, Charles B Organ Jr and Carolyn L Organ. hereinafter known as Grantor
(whether one or more), of the City of fr\tf'lQf:l� State of :fJ$.S , for and in
consideration of the sum of Two Hundred Thirty Four Thousand Two Hundred Sixty Five
and 46/100 Dollars($234,265.46) to Grantor paid by th� City of Friendswood, Texas, the
receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and
by these presents does grant, sell and convey unto the said City of Friendswood, Texas,
hereinafter known· as City, its successors and assigns, the following described property situated
in the City of Friendswood, Texas.
1204 Myrtlewood Dr, Friendswood, TX 77546
Lots Sixteen (16), i11 Block Twelve (12), of LONGWOOD PARK, SECTION ONE (1), a
subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 254A, Page 90 and transferred to Plat Record 5, Map No. 7, both of the Map Records of Galveston County, Texas.
The above described property conveyed shall include all right, title and interest, if any, of
Granter in and to, (I) any land lying in a street, road� tollway, accessway or easement {including
any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or
within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch
adjoining or adjacent to the above .described property, (3) all reversionary rights attributable to
the above described property, and (4) all rights of ingress and e·gress to the above described.
property by way of open or dedicated roads and streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to all valid and
subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions,
rights-of-way and easements appearing of record in the qfficial Pubiic Records of Real Property:of Galyeston County, Texas, relative to the above described property, but only .to the ·extent thesame are applicable to and enforceable against·the City. This conveyance is.further made subjectto the restrictions and. conditions contained in Exhibit "A": attached ·hereto and made part-hereo[TO HAVE AND TO HOLD the above descri�ed premises, together with all and.singularthe rights and appurtenances thereto in ,anywise bel<;mging unto the.said City, its successors andassigns, forever, and Grantor does hereby bind himself, his, herself, her itself, its themselves,. their;heirs, executors and· administrators,: its successors and assigns to Warrant and Forever Defend alland singular the.said premises unto ·the. said City, its successors and assigns,.againsf every personwhomsoever !_awfully claiming, or to ·claim the same, or any :part thereof, subject 'to the.reservations from and exceptions to warranty. and co·nveyance described above ..EXECUTED.on JuneQ_, 2021.Grantor's Address: l�-,�'.'-½E:�Grantee's Address:910 S. Friendswood Dr.Friendswood, TX .77546GRANTOR:
.! �g!/-Charles B Or�J� .£�� 'CarclynLrga� �
.ACKNOWLEDGMENT THE S,TATEOFTEXAS§COUNTY OF GALVESTON§This instrument was acknowledged before me on Ju� �b)'. Charles B: Organ Jr andCarolyn L Or!!:tn; �� �· · · '1'�''"' ,, mm� m '\'\" \\\\\.\\\l. \:,.,,.,,
�' SBOMAN ,. h�·-:3:A ;·•{t,' NOTARY ID #1088519·8 �fiJf'· .. f./ My Commission Expires ,
•!)'�; .. ,t.� June 10, 2025 ;..
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Exhibit A In reference to the property or properties ("Property") conveyed by the Deed between Charles B Organ Jr and Carolyn L Organ participating in the federally-assisted acquisition project ("the Grantor'') and the City of Friendswood, Texas, ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Diaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§ 5170c, Hazard Mitigation Grant Program, including the acquisition and demolition of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, the State has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332, herein in corporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in the City of Friendswood, and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the City ofFriendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following tenns and conditions: 1.Tenns. Pursuant to the terms of the HMGP program statutory authorities, Federal programrequirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement,the following conditions and restrictions shall apply in perpetuity to the Property described in theattached deed and acquired by the Grantee pursuant to FEMA program requirements concerning theacquisition of property for open space:a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space forthe conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than:i.A public facility that is open on all sides and functionally related to a designated open space or
recreational use; ii.A public rest room; oriii.A structure that is compatible with open space and conserves the natural function of thefloodplain, including the uses described in Paragraph I .a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or ifrequired by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disasterassistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer. The Grantee, including successors in interest, shall convey any interest in theProperty only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee, through the State, to the FEMA Regional Administrator must includea signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservationorganization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii.If title to the Property is transferred to a public entity other than one with a conservation mission,it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entityother than the title holder, which shall be recorded with the deed, or b)At the time of title transfer, the Grantee shall retain such conservation easement, and record itwith the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictionsproviding notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2.Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right toenter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspectingthe Property to ensure compliance with the terms of this part, the Property conveyance and of the grantaward.3.Monitoring and Reporting. Eveiy three years, the Grantee (mitigation grant program subgrantee), incoordination with any current successor in interest, shall submit through the State to the FEMARegional Administrator a report certifying that the Grantee has inspected the Property within the monthpreceding the report, and that the Property continues to be maintained consistent with the provisions of44 C.F .R. Part 80, the property conveyance, and the grant award.4.Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and theirrespective representatives, succ essors and assigns, are responsible for taking measures to bring theProperty back into compliance if the Property is not maintained according to the tenns of 44 C.F.R.Part 80, the property conveyance, and the grant award. The relative rights and responsibilities ofFEMA, the State, the Grantee, and subsequent holders of the property interest at the time ofenforcement, shall include the following:a.The State will notify the Grantee and any current holder of the property interest in writing andadvise them that they have 60 days to correct the violation. i.lf the Grantee or any current holder of the property interest fails to demonstrate a good faith effortto come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by takingany measures it deems appropriate, including but not limited to l or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b)Requiring transfer of title. The Grantee or the current holder of the property interest shall bear thecosts of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all ofthe following parties: the State, the Tribe, the local community, and their respective successors 5.Amendment. This agreement may be amended upon signatures ofFEMA, the state, and the Granteeonly to the extent that such amendment does not affect the fundamental and statutory purposesunderlying the agreement.6.Severability. Should any provision of this grant or the application thereof to any person orcircumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of thisgrant and their application shall not be affected and shall remain valid and enforceable.
GRANTO;R(S):
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GRANTEE: ��
Morad Kabiri, City Manager
City of Friendswood, Texas
FILED AND RECORDED
Instrument Number: 2021040463
Recording Fee: 46.00
Number Of Pages:7
Filing and Recording Date: 06/03/2021 3: 11PM
I hereby certify that this instrument was FILED on the date and time stamped hereon
and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
v�,Q. O\vight 1) .. S-u1Hvan., C()u:nty Clerk Galveston Coun.tyt Tt:}:xas DO NOT DESTROY -Warning/ this document is part of the Official Public Record.