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HomeMy WebLinkAboutQuitclaim Deed - Friendswood ISD, Galveston County ED, Clear Creek DD - 602 RICHMOND LN 008- 99-- 1378 THE STATE OF TEXAS § § QUITCLAIM DEED COUNTY OF GALVESTON § KNOW ALL MEN BY THESE PRESENTS that the CITY OF FRIENDSWOOD FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT OF THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT, GALVESTON COUNTY EDUCATION DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE STATE OF TEXAS , COUNTY OF GALVESTON, acting by and through its duly elected official ( "Grantor" ) , as authorized by Section 34 . 05 , Texas Property Tax Code , for and in consideration of the sum of THREE THOUSAND SIX HUNDRED TWO AND N01100 DOLLARS ( $3 , 602 . 00 ) , in hand paid by RANDY REAGAN ( "Grantee" ) , the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantee all right, title and interest of the CITY OF FRIENDSWOOD FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT OF THE FRIENDSWOOD IINDEPENDENT SCHOOL DISTRICT, GALVESTON COUNTY EDUCATION DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE STATE OF TEXAS , COUNTY OF GALVESTON, in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No . 89TX0649 , styled City of Friendswood, Et Al v. Charles E. Bane , said property being described as : Lot Thirteen ( 13 ) , Block Five ( 5 ) , Section One ( 1 ) , of Heritage Estates , A subdivision in Galveston County, Texas , according to the map or plat thereof recorded in Volume 15 , Page 7 in the map records of Galveston County, Texas . This conveyance is made and accepted subject to the following matters to the extent that the same are in effect at this time : any and all rights of redemption, restrictions, covenants , conditions, 008 - 99 - 1379 easements, encumbrances and outstanding mineral interests , if any, relating to the hereinabove described property, but only to the extent they are still in effect , shown of record in the hereinabove mentioned County and State , and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities , if any, but only to the extent that they are still in effect, relating to the hereinabove described property. TO HAVE AND TO HOLD said premises, together with all and singular the rights , privileges and appurtenances thereto in any manner belonging unto the said RANDY REAGAN, his heirs and assigns forever , so that neither the CITY OF FRIENDSWOOD FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT OF THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT, GALVESTON COUNTY EDUCATION DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE STATE OF TEXAS , COUNTY OF GALVESTON, nor any person claiming under it shall at any time hereafter have , claim or demand any right or title to the aforesaid premises or appurtenances , or any part thereof . Taxes for the current year are to be paid by Grantee . IN TESTIMONY WHEREOF, the CITY OF FRIENDSWOOD FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT OF THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT, GALVESTON COUNTY EDUCATION DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE STATE OF TEXAS , COUNTY OF GALVESTON have caused these presents to be executed this AaJday of , 1993 . 008- 99- 1381 THE STATE OF TEXAS COUNTY OF GALVESTON BEFORE ME, the undersigned authority, on this day personally appeared Evelyn Newman, Mayor of the City of Friendswood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this aPvj-day of 1993 . oovoa�0000000000aoc+oc000w�ocowo� NOTAR P PUBLI , in and tor the STATE OF TEXAS io" *t PHYLLIS J. 1KILLIAMS f,( NO7AHYPUBLIO My Commission Expires : y t� / STATF: OF TD(AS x`�'�e'"�'���%f CAMMISSION IXPIH[5 162095 c�00000000000000a�w0000a0000000g HUD 93 A1114 25 Ilij 10 �� CA14„ STATE OF TEXAS COUNTY OF GALVESTON I hereby certify that this instrument we'filed on tho date and time stamped hereon by me and was duly recorded in the Official Public Records of Real Property of Galveston County Texas,on JUN 2 5 1993A S,YtY COUBj /ji _ COUNTY CLE2,c ✓yo N++ GALVESTON CO., 12YAS CSO / City Of 9TiEnCISW00d 109 WILLOWICK FRIENDSWOOD• TEXAS 7 7546-3898 04/20/93 13: 14 PERDUE, BRANDON & FIELDER P.01 PERDUE, BRANDON, FIELI IFR, COLLINS dk MO'I'T, L.L.P. ATTORNEYS Al'I AW HOWARD PERDUE 26tn,CITADEL PLAZA DR.,SUITE I It, 'I'RRR\' ANN Will I K I.ARRY BRANDON I IOUSTON,TEXAS 77008 OSCAII I..9OMMRRS,IR C.DAVID FIELDER 'I't LEPT IONP <7(3) 862-1860 MICHARI.1.OARLOW IAMBS O.COI,LINS PACSIPIILR (713) 862-142%1 IOSEPI I T.LONGORIA ROBERT M19V"1-I' 9'An BEALL GBOROR HOW LItN DAVID A.RI.LIRON KEVIN BRRNNRN LAUIIA 1.MONROE IOHN HORN IEAN MARIL BAER HA,tOLD LERF.W April 19 , 1993 I.YNN STAVINOHA C;RI?GG M.MCI.AU(R ILIN STBVBN A.EHMIS10N R. nR1ICF.MRI.A.RY DIANA KINO SMl'I'11 Alta Carbone Tax Assessor—Collector P-O. Box 31 Friendswood, TX 77546 RE. Resale of Tax Properties Dear Alta ! I have received the offers your received on the property listed for resale . With regard to Lt . 13 , Blk 5 , Heritage Estates , I recommend it to be sold to Randy Reagan for his bid amount of $3 , 602 , 00 . This will pay all the ' taxes and costs -associated with the judgment and tax sale of this lot . Concerning Lot 10 , Blk 2 , Coward Creek Section 5 , I have reviewed the two offers you received. Both offers exceed the minimum amount needed to pay all taxes and costs associated with the judgment and tax sale . Mr . Montz' bid was received prior to Ms . 2epeda' s , Additionally, Mr . Montz had attempted to buy this lot at the initial tax sale last December but missed taxes oit by t of 10s minutes . This offer proposes to pay e bid amount , thereby lowering or eliminating the amount of excess proceeds to go to the court as required by law when excess proceeds exist during the redemption period. Therefore , I recommend the offer by Mr . Montz be accepted. Procedurally, the next step is to have the City Council approve or reject our recommendations . Assuming they are approved, we would then notify all bidders of the results and give the winning bidders 2 weeks to get us the money, We would prepare the deeds for the Mayor to sign and send them to the buyers for recording . Alta, if you have any questions , please call me . Very truly yours , PERDUE, BRANDON, FIELDER, C INS & MOTT, L. L . P . Michael J . Darlow pof.,(y 17c, cl i 10 C erry Frlc>-P\J-5 wo( d rX . 77 !3- �� � I y9� - 883 '302 , a� I I � I t �C :r ' I ; I , ; � Per �,,��✓+ I ' Reealwd Of y J✓�s AddrHl L For HOW PAID IMANCE DUE 9 ✓�a� �I AKA60f1�,pJ��e Y I ' . 1 Disposition of Bids Received for Property Sold for Taxes I I May 17, 1993 We have one set of recommendations from the tax attorney for both parcels of property and, therefore, have not reproduced the information in both these agenda items. A. Regarding bids for property owned by City of Friendswood Friendswood ISD, Clear Creek Drainage District, and County of Galveston known as Lot 10, Blk 2, Coward Creek, Sec. 5. This parcel had two bidders. One from Ms. Susan Zepeda in the amount of $10,150 and the other from Mr. Mike Montz in the amount of $9,200. The tax attorney, Mr. Mike Darlow, recommended Mr. Montz's bid, even though it was lower. Mr. Darlow explains in his attached letter that he recommends the lower bid on the strength of two reasons. First Mr. Montz tried to buy it earlier but was late to the sale on the courthouse steps, and secondly, the net proceeds to be placed in escrow at the courthouse is less. We do not have to accept the high bid. The second reason bears an explanation. My understanding is that taxing entities are only entitled to the exact amount owed them. If, during the sale, there are "excess proceeds" they must be placed in an escrow account for a period of seven years. During this time the original owner has the opportunity to redeem the property, plus the "excess proceeds." If they are not redeemed by the original owner, the "excess proceeds" then go to the taxing entities in proportion to the original amounts received. Even in view of the explanation and recommendation, and even in view of the fact the taxing entities do not benefit for the additional sale money, I am not sure the recommendation should be followed. It seems to me it is in our best interest to accept the high bid, regardless of the amount of excess proceeds. Eventually, the taxing entities would benefit by that small amount. Either way, however, we receive the money owed for the property and are made whole. Both citizens are local residents. I have discussed this briefly with Gary Clay, FISD Superintendent. Although technically they are not in the decision-making loop, as we are deciding on behalf of all the taxing entities, he generally agrees with me. It is our responsibility to maximize our efforts on behalf of all taxpayers. He, of course, has not discussed this with his Board. I have talked with Alta Carbone. She is basing her recommendations primarily on the fact that Mr. Montz has l expressed interest several times in this particular property. J I have also talked with John Olson. He sees no reason not to take the highest bid. I concur and recommend accepting the high bid from Ms. Zepeda. B. Regarding bid for property owned by City of Friendswood, Friendswood ISD, Clear Creek Drainage District, and County of Galveston known as Lot 13, Blk 5, Heritage Estates, Sec. 1. This is a little more straight forward. There is only one bidder, Mr. Randy Reagan, and his bid is $3,602. Everyone is in agreement in recommending approval. REC Attachments 1. Letter from Alta Carbone 2. Recommendation from attorney Mike Darlow 3. Copies of bids I CMR9305.3K/KSN02/AGENDA May 17, 1993 Mayor EVELYN NEWMAN f� N ��T Councilmembers Of 971t E)2C11 W OOC1 KITTEN HAJECATE c•✓N MEL P. MEASELES - TOM MANISON 109 WILLOWICK 713/482-3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 RAROLD RALEY _ A. FRANK FRANKOVICH City Manager RONALD E. COX E City Secretary DELORIS ARCHER, CMC June 22, 1993 Jessie R.irkendall Galveston. County Clerk. Galveston county Courthouse Past Office Box 2450 Galveston, Texas 77553 Dear 14s. Kirkendall,. Please find attached for. recording the: fallowing document from the City. of Friendswood: QUITCLAIM DPED; Randy Reagan Lot 13, Block 5, Section I rieritage Estates Subdivision. ➢o not hesitate to call. if you have questions regarding. the recordiag. of the abovL- items. Sincerely, Linda Thornton Assistant City Secretary Attachments: - 4 - Mayor - n EVELYN NEWMAN IVA Councilmembers KITTEN HAIECATE MEL P.MEASELES ' 7 TOM MANISON t, MEL AUSTIN ALINE DICKEY JANIS LOWE City Manager RONALD E.COX City Secretary DELORIS MCKENZIE�T,R.M.C. February 19, 1996 Gary Granere 403 Richmon Land Friendswood, TX 77546 Dear Gary: Pursuant to our conversation, please be advised it has been determined that Lot #6, along with Lot #14, in Heritage Estates was deeded to the city in 1983 for parks and recreation purposes. We have received correspondence from Mr. Leo Reitan, President of the Heritage Estates Civic Club advising that lot #16 is and has been used by the community. I have attached a copy of Mr. Reitan's letter for your convenience. Although Council authorized going out for bids on February 5, due to the fact that we have finally determined this property to be park property, in order to dispose of these lots, Council would have to place this issue on an Election Ballot. I trust this information clarifies the status of the property. Sincerely, por, McKenzie, TRMC City Secretary C� u��:� HILED CC: Mayor Councilmembers City Manager City of Friendswood 109 East Willowick * Friendswood,Texas 77546 * (713)482-3323 * Fax(713)482-1634 February 8. 1996 Honorable Mayor Evelyn Newman Friendswood City Hall 910 South Friendswood Drive Friendswood, TX 77546 Dera Mayor Neyvinan: i am �vrituig to you in my capacity as president of the Heritage Estates Civic Club. Yesterday Nvliile I was inspecting the Heritage Estates park area.(lots 6 & 14 in block 5) 1 noted that an adjacAnt property owner had dumped a load of bank sand in the park. When I complained to him be told me that the property was being sold by the City of Friendswood and that he intended to purchase it. I immediately contacted Jon Branson and lie courted that the property was going to be sold and that a bid package was being prepared. We oppose any action to sell the park. Ms properly was donated to the city for use and has been maintained by our civic club and in continual use by our community for almost ten years. It is our understanding that this and other parkland cannot be sold without a vote of the citizens and we are not aware of any council action or communiy vote to sell this land. We believe the area should be kept. Friendswood is steadily losing green areas and should preserve what it can of the little remaining coastal forest herein Friendswood. Areas like those are a positive contribution to our quality of life. Please adise us of any plans to sell the property. We would also appreciate help from the police to prevent improper use of the park acid trash dumping. I ectfu�l/ly yours, ' �1 CiC r /�i(ti`��^-� Leo A. tteitan 511 Williamsburg Circle Friendswood, TX 77546 713-482-4369 cc: Ron Cox, City Manager r 1=ti 9 yyyti AAA n INTEROFFICE MEMORANDUM DATE: February 9, 1996 TO: Mayor Councilmembers City Manager FROM: Deloris McKenzie, TRMC City Secretary SUBJECT: Lot #6 - Heritage Estates ***kkk*k***h*h**h*****k***kk****k*k*kk*kk********k**h*h****hk***k**k******** Following Monday's Council meeting, we did further research on the Heritage Estates property that you authorized to go out for bid to sell the property. Councilmember Austin remembered this property had been discussed last fall and asked if the property is park land. After pulling the minutes of December, 1983 whereby the city of Friendswood accepted this property, it is determined that lot #6 and lot #14 were accepted for park and recreation purposes. Mr. & Mrs. Davis deeded this property to the city in 1983. We apologize for the confusion regarding this lot, but are glad the status of the property has been determined. Subsequently, we have received correspondence from Mr. Leo A. Reitan, President of the Heritage Estates Civic Club which is attached, stating the park is used and maintained by the Civic Club and oppose disposing of the property. We will need to place the request from Mr. Granere back on a future agenda to resolve his request to purchase Lot #6. cc: Jon Branson Director of Community Services OGD9629/KSS03 MEMORANDUM CITY OF FRIENDSWOOD February 7, 1996 Office of the City Manager MC/96/019 To: Mayor and Councilmembers Subject: Heritage Estates Property Sale The conversation about the sale of the Heritage Estates property at the February 5 Council meeting led Deloris McKenzie to further research her file. As Councilmember Austin suggested, this property is designated park property and can only be sold after a vote of the people authorizes such. This property was accepted in 1983. The minutes of the Council meeting when the property was accepted clearly state it was being accepted for park purposes. We apologize for the error. Jon Branson had researched the records he had and found no evidence of the dedication language. REC ITJL t t b 13 ia:0 MAR 1nwr