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
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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
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