HomeMy WebLinkAboutNo Address - Warranty Deed - Raymond Davis Jr & Geraldine'
B403B46 002-87-0182
WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF GALVESTON
§
§
KNOW ALL MEN BY THESE PRESENTS:
That we, W. RAYMOND DAVIS, JR., and wife, GERALDINE DAVIS of
the County of Harris and State of Texas for and in consideration
of gratitude, respect, and affection for and to the City of
Friendswood, the receipt of which is hereby acknowledged, have
GRANTED, GIVEN, AND CONVEYED, and by these presents do GRANT,
GIVE, AND CONVEY unto the City of Friendswood, a political
subdivision, of the county of Galveston, and State of Texas, all
of the foll owing described real property in Galveston County,
Texas, to-wit:
Lot SIX (6), Block FIVE (5), of HERITAGE ESTATES, Section ONE (1), and Lot FOURTEEN (14), Block SIX (6), of HERTAGE ESTATES, section TWO (2), in Galveston County, Texas, according to the map or plat thereof recorded in Volume 15, Page 7, in the off ice of the County Clerk of Galveston County, Texas;
Subject to the restrictions as reflected on Exhibit "A" attached
hereto, to the extent the same are in effect at this time.
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 grantee, its heirs and assigns
forever; and we do hereby bind ourselves, our heirs, executors
and administrators to WARRANT AND FOREVER DEFEND all and singular
the said premises unto the said grantee, its heirs and assigns,
against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
EXECUTED th is /Lf:fl day of DECEMBER, 1983.
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� _; o&-a»uU GERALDINE DAVIS
ELB WO 1.73
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THE STATE OF TEXAS
COUNTY OF HARRIS
§
§
OOZ-87-0183
BEFORE ME, the undersigned authority on this day personally
appeared W. RAYMOND DAVIS, JR., and wife, GERALDINE DAVIS, known
to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same
for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this the /dday
of DECEMBER, 1983.
My co mmission expires:
SADIE HOBBS Nolary'Pubhc .rn and tor the State of Tex::is My Commission Expires Feb. 19. 1e86
ELB WD 1.73
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002-87�018 4
l.Those restrictions of record in Volume 2470, Page 827, andas amended in Volume 2654, Page 553, and Volume 2442, Page410, all in the office of the County Clerk of GalvestonCounty, Texas.
2.Un located easement to City of Friendswood as described andas set forth in instrument recorded in Volume 2447, Page 44,of the County Clerk's Records of Galvescon County, T�xas.
3.A six foot (6') wide utility ea5ement across the rear alongwith an unobstructed aerial easement fiv e feet (5') widefrom a plane twenty feet ( 20 1 1
) above the ground upward asshown on the recorded plat.
4.Reservation of 1/2 of all minerals as recorded in Deed datedAugust 23, 1920, recorded in Volume 325, Page 350, of theCounty Clerk's Records of Galveston County, Texas.
S.Royalty reservation in Deed dated August 12, 1939, recordedin Volume 597, Page 179, of the County Clerk's Re cords ofGalveston County, Texas.
6.Reservation of 1/2 of royalt y as recorded in Deed datedJanuary 25, 1973, recorded in Volume 551, Page 77, of theCounty Clerk's Records of Galveston County, Texas.
7.Mi neral Deed conveying 1/2 of the minerals dated November28, 1936, recorded in Volume 521. PaQe 392, of the CountvClerk's Records of Galveston County� Texas.. •
8.A thirty foot (30') building set back line from fr ontproperty line as shown on recorded plat of subdivision .
9.Any and all other restrictions, cove nants, conditions andeasements, if any, relating to the hereinabove describedproperty, but only to the extent that they are still ineffect, shown of record in the hereinabove mentioned coutyand state, and to all zoning law , regulations and ordinancesof municipal and/or governme ntal authorities, if any, butonly to the extent that they are still in effect, relatingto the hereinabove described prop erty.
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CITY S£CRr.TARY
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482 1198
FRIENDSWOOD CONS.TAX OFF 482 1198
-..J'-"'L.1"4 .._ flt ..L.:> ..LV.&.1...) Heritage Estates HERITAGE ESTATES CIVIC CLUB Friendswoodt Tex.as 77546
December 5, 1983
P.01
City of Friendswood 109 Willowick Friendswood, TX 77546
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To: Mayor Ralph Lowe and Council
RE: Donation of 2 lots in Heritage Estates
The Heritage Estates Civic club recommends that the City of Friendswood accept Lot 6 and Lot 14 which the owner wishes to donate as park property. A survey has been taken of the residents in our subdivision and it is our wish that the land be accepted as park property and kept in its natural state. The residents will help with the maintaining of the two lots after the initial clean-up by the city.
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Sincerely, � JeJ: h . 1 · J C r1.s See ig President, Heritage Estates civic Club
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482 1198
FRIENDSWOOD CONS.TAX OFF 482 1198 P.02
121
MINUTES OF i, REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
December i9, 1.984
A Xegular Meeting of the Friendswood City Council was hel.d at the City Hall on Monday, December 19, 1983, at 7:00 p.m. with the fol.lowing members present:
Mayor Ral.ph Councilmen: Lowe Jan Jordan Evelyn Newman Bx,uce Branham Paul. Schr-ader Bob Wickl.ander
City Attorney Larry Schenk City Manager Jim Morgan City Secretary Bobbie Henry
With a quorum present, and with Councilm an Leon Brown absent, the foll.owing business was tr ansacted:
INVOCATION was given by City Manager Jim Morgan
APPROVAL OF MINUTES -The following minutes were approved as corrected:
Regular Meeting October 17 Special. Meeting October 24 Public Hearing November l Special Meeting November 14
Regul.ar Meeting November Special Meeting November Regular Meeting December Special Meeting December
21 28 s J.2
ANNOUNCEMENTS FROM THE MAYOR
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2.
Mayor Lowe reported that in a discussion with the Corps of Engineers they indicated the possibiJ.ity of some work starting on Clear Creek in 1985.
Represetnative Hill Kemp (Brazoria and Fort Bend County) has expressed an interest in the •Clear Creek Safety Valve Program. (Councilman Wickl.ander noted that Pearl.a nd, the Brazoria Co. Drainage District #4, and the Clear Creek Drainage District have all now indicated that they want the program to embrace a 1arger area reaching up Clear Creek into Brazoria County.)
3.Mayor Lowe, Councilman Jordan, and another Councilman who wouldlike to join them, will meet Tuesday with representa�ivesfrom Mayor Whitmire's office to discuss capacity in BlackhawkSewer P1ant, surface water, and review of ETJ J.ines as relatexto Friendswood-Houston mutual boundary areas .
4.·It was suggested that all Friendswood resident astronauts whohave flown in space be invited to the council meeting on January 9, and presented with "Keys to the City." Mr. Cecil Brown, Sr. will also be invited and will receive a Key.
5.Clear Creek Dr ainage District is to be invited to make a statusreport on·the Mary's Creek Project to Council on January 9.
. DONATION·:··QF<.:r•:'l'WO::,:.LOTS�!-'IN HERITAGE ESTATES FOR PARKS -Mr. Morgan said the city wilJ. have to carry liability insurance even though the property is leased to the Homeowners Association, but will be covered by �he present policy at no additional cost. He recommended that the J.ots be accepted by the city.·
MOTION: (Schrader) To accept the two lots for parks and recreation purposes from Mr. and Mrs. Davis contingent on receipt of all documents relative to transfer of title. Second: Jordan Vote: U�'lanimous FOR MOTION CARRIED
ACC_EPTANCE OF PARK LAND DONATED BY ::1R. & MRS. RALPH LOWE.
MOTION (Newman) To gratefu11y accept the 4.5583 acr�s of J.and for parks and recreation purposes, and to institute formal acceptance on behalf of the City.
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4B2 119B
FRIENDSWOOD CONS.TAX
I /9 /1>1 OFF 482 11�8 P.03
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ABANDONMENT Or WHISPERING PINES -Representatives from the New Life Church were present to ask for clarification on �tatu� of this project. The City Attorney exp�ained that the City will furnish to the Church and to Mr. Utl.ey a Quit Cl.aim de7d t� their respective half of the roadway being abandoned. The City is now awaiting a letter from Utley approving the present proposal and agreein_g to relinquish al.l cl.aims to the Church's half of the roadway.
MO�ION: (Schrader) To direct the attorney to proceed with
necessary action to abandon a section of Whispering Pines
and prepare quit-claim deeds to adjacent property owners. Second: Newman Vote: Unanimous FOR MOTION CARRIED
REQUEST REGARDING FLOOD CONTROL REGULATIONS -Blain Ballard, local builder asked for clarification on floo� elevation on new homes based on the Flood Control. Ord inance. He said over a long period of time they have been building at 2'+" above the centerline of the street. Now-he has several foundations started based on this concept, and has been told that the rules have been changed and he must now buil.d 18" above the natural. grade of the lot invoJ.ved. Mr. Morgan stated that it has been determined that if the foundations are 24'' above the center l.ine of the street, they are acceptable; after learning this, he had not contacted the builders on this fact.
CONFLICT OF INTEREST -The City Attorney explained a new law regarding conflict of interest for elected and appointed officials and the procedure to be followed where such a conflict exists.
COMPUTER STUDY - A recommendation from the Computer Study Committee, composed of Council.man Schrader, Russell. Williams, and Lynn Bucher, was to go with Deloitte, Haskins & Sells. If a satisfactory contract can not be negotiated, they recommend that a contract with Thigpenn be negotiated_
MOTION: (Schrader) To authorize the City Manager to begin �egotiations with Deloitte, Haskins & Sel.ls to proceed with ·the study.Second: Branham Vote: Unanimous FOR MOTION CARRIED
WORD PROCESSOR FOR CITY SECRETARY'S OFFICE -The City Secretary was authorized to proceed with a lease-purchase agreeme nt for a computer for her office.
FRANCHISE AGREEMENT WITH HLgp._ Copies of the franchise as proposed by �L&P were distributed to Council. The Attorney said he has studied the document and made suggestion for several changes with which Council agreed. He is to make these changes and submit the document back to the Light Company for their approval.
PARK PROfER'I\"t'·>·•:IN'.,s,HER:yr:AGE-,1 ,ESTATES. - A letter from Mr-and Mrs. Ray Davis has �ransmitted deea�-t6�two lots in Heritage Estates -to the City to be used as park space. These parks are to be... _ma_intained by the homeowners of_ the sub_9i.vis_i?�: ... _______ ..
REPORTS FROM THE CITY MANAGER
1.. The State Parks Department has reported to Morgan that they hope to get appr>oval of our "Letter of Retroactivit y" for grant money for a swimming pool on the land donated by Mayor Lowe. Applications are acceptable in May and October, so when this in�ormation is received, we would then need to submit our application for grant as soon as possible.
2.Weather has again held up work on the Greenbriar bridgebut they are ready to start on the rip-rap installation.
482 1198
FRIENDSWOOD CONS.TAX OFF 482 1198 P.01
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Heritage Estates
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\ HERITAGE ESTATES CIVIC CLUB Friendswood. Texas 77546
City of Friendswood 109 Willowick Friendswood, TX 77546
To: Mayor Ralph Lowe and Council
December 5, 1983
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RE: Donation of 2 lots in Heritage Estates
The Heritage Estates Civic club recommends that the city of Friendswood accept Lot 6 and Lot 14 which the owner wishes to donate as park property. A survey has been taken of the residents in our subdivision and it is our wish that the land be accepted as park property and kept in its natural state. The residents will help with the maintaining of the two lots after the initial clean-up by the city.
Cll'IS
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Sincerely,
�� h . 1 · JC rJ.s See 1g President, Heritage Estates civic Club
: CC: Mayor & Council 5-1-98
Me1110
Date: 04/30/98
To: Dr. Gary Clay / CC: Walter Wilson, Assistant Superintendent; Ron Cox, City Manager; Ginger Calk, CCDD
Fnm1: Becky Carbone
RE: Resale of Foreclosed Property: Lot 13, Blk 6, Heritage Estates, Sec. 2 (comer of Colonial
and Providence)
On October 11, 1995, we took judgment on the above mentioned property; on May 7, 1996 this
property was offered for sale at the Galveston County Sheriffs Sale. Because the property was not
purchased at the Sheriffs Sale, it was "struck off' to the entities. Friendswood ISO, City of
Friendswood, Clear Creek Drainage District, and the County of Galveston have jointly been the
owners of the property since that time.
We usually have several individuals each week who come into our office looking for owners of vacant
property. It was our practice to inform each person about our "lot for sale· and give him/her a packet
of information about the lot Each person was informed that the first person to bring in a cashier's
check for the minimum bid amount would become the owner. During these last two years, we have
had four or f1Ve people who were extremely interested in this lot.
On April 20, 1998, Mr. Jimmy Tran brought in a cashier's check in the amount of $12,142.11 (the
exact amount of the minimum bid) to purchase this lot. Because he paid the total amount sufficient to
pay the taxes, penalties, interest, attorney fees, court costs, and costs of the sale, no approval or
action was needed from the governing bodies. The money has been disbursed to all entities, and the
Resale Deed has been prepared by our delinquent tax attorney. The deed needs to be signed by the
presiding officer of the first entity listed in the original lawsuit; in this case it was the school district.
After Mr. Stanfield signs the deed, please return it to me and I will give it to Mr. Tran so that he may
record it at the County. For your information, Mr. Tran is a home builder who has primarily been
building in West University Place and Bellaire. He currently has a house under construction in The
Park (first house on the left as you enter The Park) and he plans to build on this lot and move his
family to Friendswood.
This was the only lot that we "owned". I am very glad to be out of the real estate business, and to be
able to get this property back on the tax roll. Please call me if you have any questions.
Attachments
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FRIENDSWOOD CONSOLIDATED TAX OFFICE Friendswood Independent School District
City of Friendswood
Rebecc:i. Carbone. CTA. RTA. CSTA
Tax Assessor-Col/ecwr
Telephone: 713/482-: l 98
Fac.�imile: 713/482-5360
Clear Creek Drainage District
TAX RESALE
DISTRIBUTION of FUNDS
DATE: 4/20/98
PURCHASER:
Jimmy Tran
3914 S. Beechwood Ct.
Houston, TX 77059
(281)286-7876
DISTRIBUTION:
CK# PAID TO:
5966 Friendswood Tax Collector
5967 Chuck Wilson, Tax Collector
5968 Galveston County District Clerk
5969 P.B.F.C.& Mott
5970 Galveston County Sheriff
Total
Copies attached.
Becky Carbone
4/23/98
ACCT#: 3926-0006-0013-000
R202057
95TX0219
PAYMENT:
Cashiers Check $12, 142.11
FOR:
School, City, CED, & Drainage Taxes
County Tax
Court Costs
Research Fees
Publication Costs
Friend5wood I.S.D. Annex
I 08 Ea.�t Shadowbend
P. 0. Box 31
Friend5wood. TX 77549-003 I
AMOUNT:
$9,597.26
$1,767.71
$288.50
$210.00
$278.64
$12.142.11
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THE STATE OF TEXAS §
§ RESALE DEED
COUNTY OF GALVESTON §
KNOW ALL MEN BY THESE PRESENTS that the FRIENDSWOOD INDEPENDENT
SCHOOL DISTRICT FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT
OF THE CITY OF FRIENDSWOOD, THE GALVESTON COUNTY EDUCATION
DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE 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 TWELVE
THOUSAND ONE HUNDRED FORTY-TWO AND 11/100 DOLLARS ($12,142.11), in
hand paid by JIlv1MY TRAN ("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 FRIENDSWOOD INDEPENDENT
SCHOOL DISTRICT FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT
OF THE CITY OF FRIENDSWOOD, THE GALVESTON COUNTY EDUCATION
DISTRICT, CLEAR CREEK DRAINAGE DISTRICT AND THE COUNTY OF
GALVESTON, in the property herein conveyed, acquired by tax foreclosure sale heretofore
held,.in Cause No. 95TX0219, styled City of Friendswood vs. Luck & Luck Limited, said
property being described as:
LOT THIRTEEN (13), BLOCK SIX (6), OF HERITAGE
ESTATES, SECTION TWO (2),A SUBDIVISION IN
GALVESTON COUNTY, TEXAS ACCORDING TO THE
MAP OR PLAT THEREOF RECORDED IN VOLUME 15,
PAGE 7 OF THE DEED RECORDS OF GALVESTON
COUNTY, TEXAS
GRANTOR excludes and excepts from this conveyance any warranties, express or
implied, on the property, including, without limitation, any warranties arising by common
law or Section 5.023 of the Property Code.
GRANTOR conveys the property:
(a). "as is", "with all faults" and without any warranty as to condition or
environmental hazard,
(b). subject to all restrictions, easements, rights-of-way leases, oil, gas and mineral
leases, royalties, mineral conveyances, and mineral reservations of record, if
any, in the office of the County Clerk of said County,
(c). subject to any right of redemption; and
(d). subject to rights of parties in possession
GRANTOR disclaims any warranty, guaranty or representation, oral or written, on:
(a). the nature and condition of the property or other items conveyed hereunder,
without limitation, the water, soil and geology,
(b). the suitability of the property conveyed hereunder for any and all activities and
uses which GRANTEE may elect to conduct thereon,
(c). the existence of any environmental hazards or conditions thereon, (including
but not limited to the presence of asbestos or other hazardous materials),
(d). compliance with applicable environmental laws, rules or regulations; and
(e). the compliance of the property with any laws, ordinances, or regulations of
any governmental entity or body.
By acceptance of this deed, GRANTEE acknowledges and agrees:
(a). that GRANTOR acquired the property through foreclosure of a tax lien as
Trustee and as such has little, if any, knowledge of the physical or economic
characteristics of the property,
(b). GRANTEE has inspected the property and is relying solely on his own
investigation of the same and not on any information provided or to be
provided by on behalf of GRANTOR,
(c). that any information provided with respect to the property was obtained from a
variety of sources, and
(d). GRANTOR (1) has not made any independent investigation or verification of
such information; and (2) does not make any representations as to the accuracy
or completeness of such information.
(e). that if there are any improvements on the property, GRANTOR shall not be
responsible for or liable to GRANTEE for any construction defects, errors
omissions, or any other conditions affecting the property.
GRANTEE or anyone claiming by, through or under GRANTEE, hereby fully
releases GRANTOR, its employees, officers, directors, representatives, attorneys and agents
from any and all claims that it may now have or hereafter acquire against GRANTOR, its
respective employees, officers, directors, representatives, attorneys and agents for any cost,
loss, liability, damage, expense, demand, action or cause of action arising from or related to
the conveyance of the premises herein as well as any construction defects, errors, omissions,
or other conditions affecting the property and other items conveyed hereunder. GRANTEE
further acknowledges and agrees that this release shall be given full force and effect
according to each of its express terms and provisions, including, but not limited to, those
relating to unknown and suspected claims, damages and causes of action. This covenant
releasing GRANTOR shall be a covenant running with the property and shall be binding upon
GRANTEE, their heirs, successors, beneficiaries and assigns. GRANTOR hereby assigns
without recourse or representation of any nature to GRANTEE, effective upon the execution
and delivery hereof, any and all claims that GRANTOR may have for any such errors,
omissions or defects in the property and other items conveyed hereunder. As a material
covenant and condition of this conveyance, GRANTEE agrees that in the event of any such
construction defects, errors, omissions or on account of any other conditions affecting the
property, GRANTEE shall look solely to GRANTOR'S predecessors or to such contractors
and consultants as may have contracted for work in connection with the property and other
items conveyed hereunder for any redress or relief. Upon the assignment by GRANTOR of
its claims, GRANTEE releases GRANTOR of all right, express or implied, GRANTEE
may have against GRANTOR arising out of or resulting from any errors, omissions or defects
in the property and other items conveyed hereunder. GRANTEE further understands that
some of GRANTOR'S predecessors in interest may be or become insolvent, bankrupt,
judgment-proof or otherwise incapable of responding in damages and GRANTEE may have
no remedy against such predecessors, contractors or consultants.
GRANTEE hereby further agrees on behalf of himself and his heirs, successors,
beneficiaries and assigns to indemnify, protect, defend, save and hold harmless GRANTOR
and GRANTOR'S elected and appointed officials, employees, officers, directors, {
representatives, attorney and agents from and against any and all debts, duties, obligation,
liabilities, suits, claims, demands, cause of action, damages, losses, costs and expenses
(including, without limitation, attorneys' fees and expenses and court costs) in any way
relating to, connected with or arising out of the property and other items conveyed hereunder
or the ownership, leasing, use, operation, maintenance and management thereof from and
after the date hereof, including, without limitation, the cost of any removal of hazardous
substances or contaminants from the property and other items conveyed hereunder.
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 MIl B4Y TRAN,
his heirs and assigns forever, so that neither the FRIENDSWOOD INDEPENDENT
SCHOOL DISTRICT FOR ITSELF AND AS TRUSTEE FOR THE USE AND BENEFIT
OF THE CITY OF FRIENDSWOOD, THE GALVESTON COUNTY EDUCATION
z:\darlow\galveston\mendswood\trm.doc
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared, JOHN
STANFIELD,President, Board of Trustees, Friendswood Independent School District,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,1998.
NOTARY PUBLIC, in and for the
STATE OF TEXAS
SEAL My Commission Expires:
INTEROFFICE MEMORANDUM
DATE: February 9, 1996
TO: Mayor
Councilmembers
City Manager
FROM: Deloris McKenzie, TRMC
City Secretary
SUBJECT: Lot #6 - Heritage Estates
****************************************************************************
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
CC: M & CC.M.
JON BRANSON
lHEIRlfT.AiGlE ESTATES CIVIC CLU1B
February 8, 1996
Honorable Mayor Evelyn Ne'Wlllan
Friendswood City Hall
910 South Friend<,wood Drive
Friendswood, TX 77546
Dera Mayor Ne¥.man:
I am wTiting to you in my capaciry as president of th ge Esta es ·vic...._Cl . Yesterday
wliJ1e l '-Vas in�pecting the Heritage Est.at.es park a (lots 6 & 14 in block -noted that an
adjai;1;;nl property owner had dumped a load of bank din the · en I complained to him
he told me that the property \Vas hein.g sold by the City of Friendswood and that he intended to
purchase it. I immediately contacted Jon Branson and he confirmed that the property v,;a.s going to
be sold and that a bid package was being prepared.
We oppose any action to sell the park. This property 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 av.rare 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 ir can of the linle remaining coastal forest here in Friendswood. Areas like those are
a positive contribution to our quality of life.
Please adise m: of any plans to sell the property. We would also appreciate help from the police to
prevent improper use of the park and trash dumping.
Respectfully yours,
�Cl,�
Leo A. Reitan
511 \l/i!liamsburg Circle
Friendswood, TX 77546
713-482-4369
cc: Ron Cox, City Ma..T!ager
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;11, • r 12-1-99 cc: DAM HERITAGE ESTATES CIVIC CLUB, INC. To: Mr. Ron Cox, City Manager
City of Friendswood
910 South Friendswood Drive
Friendswood, TX , 77546
From: William E. Mallary, President
Heritage Estates Civic Club, Inc.
402 Independence
Friendswood, TX 77546
cc: Mayor, City of Friendswood
cc: City Council, City of Friendswood
November 30, 1999
(w/o Amendment, petition pages)
(w/o Amendment, petition pages)
Subject: Renewal of Heritage Estates Subdivision, Galveston County, TX., Restrictive
Covenants
The Heritage Estates Subdivision Restrictive Covenants (deed restrictions) are currently
scheduled to expire on March 1, 2000, unless renewed by a 3/5 majority of the property owners.
The Heritage Estates Civic Club, Inc. has undertaken the task of renewing these Covenants, and
has developed the AMENDMENTS TO THE SUBDIVISION RESTRICTIVE COVENANTS
OF HERITAGE ESTATES SUBDMSION SECTIONS 1, 2, 3, AND 4 as the replacement
document for the original deed restrictions. Several iterations of this document have been
circulated to subdivision homeowners for comments and suggestions in the past and the changes
made are believed to be in accordance with the wishes of a majority of the homeowners. The
proposed Covenants have also been reviewed and modified as required by legal council to ensure
that they are in accordance with current Texas Property Code requirements.
The City of Friendswood owns lot 6, block 5, Section 1, and lot 14, block 6, section 2, in
Heritage Estates Subdivision. This property is currently held as a city park area by the City, and
the civic club has been maintaining this property for several years, depending on voluntary labor
by subdivision residents to mow the grass areas and to remove brush and debris. Maintenance
efforts have not been adequate lately as several of our volunteers have either moved from the
subdivision or lost interest, and the civic club budget has lacked sufficient funding to provide for
professional maintenance. To correct this problem, the Amendment requires mandatory
maintenance fees from property owners, which will provide sufficient funding to keep the park
lots professionally maintained in the future. Since the civic club has an agreement with the City
to maintain this property as a park area, no attempt to collect maintenance fees on these lots will
occur as long as the property continues to be owned by the City.
Your support for the amended restrictive covenants is very much desired. 14 of the 108 lots in
Heritage Estates are currently unimproved and the renewal provisions of the original restrictive
covenants require that 2/3 of all lot owners must ratify the Amendment.
Attached to this letter is a copy of the Amendment and a petition signature page for each of the
two lots. If you decide to record your approval of the amendment, your signatures) must be
witnessed and recorded by a Notary Public. Once the petition signature pages have been signed
and notarized, please return it to the President, Heritage Estates Civic Club, at the above address.
Your prompt attention to this matter will be much appreciated. If you have any questions,please
telephone me at 281-482-7081. If I am unavailable, you may telephone Mr. Ray Varga, the club
vice-president, at 281-996-0510.
/Yours Truly,
nMayor
1 EVELYN NEWMAN
Councilmembers
KITTEN HAJECATE
MEL P.MEASELES
TOM MA
MEL AUSTIN
STIN
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,
egoris�McKenzie, TRMC
City Secretary V i e E D
CC: Mayor
Councilmembers
City Manager
City of Friendswood
109 East Willowick * Friendswood,Texas 77546 * (713)482-3323 * Fax (713)482-1634
/
February 8, 1996
HEJRlrT'.t-iGE ESTATES CIVIC CLUB
Honorable Mayor Evelyn Newman
Friendswood City Hall 910 South Friendswood Drive
Friendswood, TX 77546
Dera Mayor Nev\man:
I am writing to you in my capacicy as president of the Heritage Estates Civic Club. Yesterday
\Yhile l '-Vi:lS in:.-:pecting the Heritage Est3tes park area (lots 6 & 14 in block 5) l noted that an
adja(.;ent property owner had clumped a load of bank sand in the park. When I complained to him
he told me that the property ,vas hein.g sold by the City of Friendswood and that he intended to
purchase it. I i.o.i.illcdiately contacted Jon Branson and he con.firmed that the property \Vas going to
be sold and that a bid package \.vas being prepared.
We oppose any action to sell the park. This property 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 whai ir can of the little remaining coas41-l forest here in Friendswood. Areas like those are
a positive contribution to our quality of life.
Plea..c;e adise us of any plans to sell the property. We would also appreciate help from the police to
prevent improper use of the park and trash dumping.
Respectfully yours, £a,�
Leo A. R.e1tan
511 \X/illian1sburg Circ!e
Friendswood, 1X 77546 713-482-4369cc: Ron Cox, City Manager
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INTEROFFICE MEMORANDUM
DATE: February 9, 1996
TO: Mayor
Councilmembers
City Manager
FROM: Deloris McKenzie, TRMC
City Secretary
SUBJECT: Lot #6 - Heritage Estates
****************************************************************************
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
Office of the City Manager
To: Mayor and Councilmembers
Subject: Heritage Estates Property Sale
February 7, 1996
MC/96/019
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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MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
December 5, 1983
A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, December 5, 1983, at 7:00 p.m. with the following members present:
Mayor Ralph Lowe Councilmen: Leon Brown Bob Wicklander Evelyn Newman Paul Schrader Jan Jordan Bruce Branham
City Manager Jim Morgan City Engineer Malcolm Collins City Secretary Bobbie Henry
115
_With a quorum present, and with none absent, the following business·· ·was transacted:
INVOCATION was given by Rev. Stan Collins, Church of the GoodShepherd
APPROVAL OF MINUTES -Approval Df minutes was tabled for a future
·meeti ng
DONATION OF LOTS IN HERITAGE ESTATES -Mrs. Chris Seelig, President,Heritage Estates Civic Club, presented a letter recommending thatthe City accept Lots 6 and 14 which have been offered as park land.The question arose regarding city ownership of a neighborhood park.Also, if the city accepts the land, can it be leased to the CivicClub and would it then be subject to taxes. Mr. Morgan was dir ectedto get some answers on these questions before any action is takenby the City.
EXCHANGE OF LAND BETWEEN TOM MONTGOMERY AND RALPH LOWE -Don Roberts,Engine er, presented a letter from Mr. Montgomery stating that thisexchange is now ready for finalizing, and requesting a meeting withcity officials regarding certain actions the city has pledged to take to aid-Mr. Montgomery in development of his land, in view of the purpose of the exchange which is that Mayor Lowe intends to donate the property he is receiving as a future city hall and civic center site. Mr. Morgan and Councilman Schrader will meet with Mr. Montgomery as soon as possible.
. ... MORTGAGE & TRUST REQUEST RE LAND BEING ANNEXED -Charles Lusk presented a letter from Mortgage & Trust regarding development in the area the City is presently adopting an ordinance to annex. They have been negotiating with Gulf Coast Waste Disposal Authority for capacity in ·the Blackhawk Sewer Plant to take care of the 300 acres they plan to develop, and proposed that the City either forego �nexation at this time or permit them to form a water district for their holdings. A meeting was set up for Thursday at 10:00 a.m. to discuss the matter between the City and Mortgage & Trust.
PUBLIC HEARING ON REZONING LOT PLUS 25 FEET ON SUNNYVIEW AT QUAKER FOR A DUPLEX -The hearing being Joint by the Council and Planning & Zoning Commission, both bodies called their meetings to order and the public was invited to address the subject. With no opposition to the rezoning, tl,e hearing was clc:s"d. 13efore adjourning, howE::vei�, the P&ZC members voted to recommend the rezoning to CounciJ., and a memo will b� sent ·t:o Council to this ef feet.
PUBLIC HEARING IN CONNECTION WITH A COMMLRCIAL PROJECT AND ADOPTIJN' OF A RESO'f.:,UTION # 3 8-83 PROVIDING FOR THE ISSUANCE Of BJN;)S TO FiN!,�C:... A PR(JJEC'!' .FOR COFTHAN-GROBA INTERESTS -The public heari:·1·g was ctecl .=.!·:�-�ccp2n, but �o one asked to address the subject, thus the hearing was closed, and the following action taken:
MIN UTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
December 19, 198J
121
, A Tegular Meeting of the Friendswood City Council was held at � the City Hall on Monday, December 19, 1983, at 7:00 p.m. with the following members present:
�
Mayor Ralph Councilmen : Lowe Jan Jordan Evelyn Newman Bruce Branham Paul Schrader Bob Wicklander
City Attorney Larry Schenk City Manager Jim Morgan City Secretary Bobbie Henry
With a quorum present, and with Councilman Leon Brown absent, the follow ing business was transacted:
INVOCATION was given by City Manager Jim Morgan
APPROVAL OF MINUTES -The following minutes were approved as corrected:
Regular Meeting October 17 Special Meeting October 24 Public Hearing November 1 Special Meeting November 14
ANNOU N CEMENTS FROM THE MAYOR
Regular Meeting November 21 Special Meeting November 28 Regular Meeting December 5 Special Meeting December 12
·i. Mayor Lowe reported that in a discussion with the Corps ofEngineers they indicated the possibility of some work starting on Clear Creek in 1985.
2.Rep resetnative Hill Kemp (Brazoria and Fort Bend County) has" expressed an interest in the Clear Creek Safety Valve Program.(Councilman Wicklander noted that Pearland, the Brazoria Co. Drainage District #4, and the Clear Creek Drainage District have all now indicated that they want the program to embrace a larger area reaching up Clear Creek into Brazoria County.)
Mayor Lowe, Councilman Jordan, and another Councilman who would lik e to join them, will meet Tuesday with representatives from Mayor Whitmire's office to discuss capacity i11 Blackhawk Sewer Plant, surface water, and review of ETJ lines as relatex to Friendswood-Houston mutual boundary areas.
�-It was suggested that all Friendswood resident astronauts who have flown in space be invited to the council meeting on January 9, and presented with "Keys to the City." Mr. Cecil Brown, Sr. will also be invited and will receive a Key.
5.Clear Creek Drainage District is to be invited to make a statusreport on the Mary's Creek Project to Council on January 9.
,DONATION OF TWO LOTS IN HERITAGE ESTATES FOR PARKS -Mr. Morgan said the city will have to carry liability insurance even though .the pro per'ty is leased to the Homeowners Association, but will be covered by the present policy at no additional cost. He recommended th�t the lots be accepted by the city.
MOTION: (Schrader) To accept the two lots for parks and Cb?6 recreation purposes from Mr. and Mrs. Davis contingent �..)on receipt of all documents relative to transfer of title. 0 Second: Jordan Vote: Unanimous FOR MOTION CARRIED
ACCEPTANCE OF PARK LAND DONATED BY MR. & MRS. RALPH LOWE
MOTION (Newman) To gratefully accept the 4.5583 acres ----land for parks and recreation purposes, and to formal acceptance on behalf of the City.
of �--,...,7
institute q, �
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CC: M & C C.M.
JON BRANSON
�JEIRJT.AiGE ESTATES CIVl[C CLUJB
February 8, 1996
Honorable Mayor Evelyn Newman
Friendswood City Hall
910 South Friendswood Drive
Friendswood, TX 77546
Dera Mayor Newman:
I am \:vriting to you in my capacicy as president of the Heritage Estates Civic Club. Yesterday
\Vh.ile I '-vas int:pecting the Heritage Estates park area (lots 6 & 14 in block 5) J noted that an
adja�tnt property owner had dumped a load of bank sand in the park. When I complained to him
he told me that the property was bein.g sold by the City of Friendswood and that he intended to
purchase it. I immediately contacted Jon Branson and he confirmed that the property v.ras going to
be sold and that a bid package was being prepared.
We oppose any action to sell the park. This property 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 linle remaining coastai forest here in Friendswood. Areas like those are
a positive contribution to our quality of life.
Please aclise m: of any plans to sell the property. We would also appreciate help from the police to
pr-::vent improper use of th-:: park and trash dumping.
Respectfully yours, £a.�
Leo A. Renan
511 \1/illian1sburg Circle
Friendswood, TX 77546
713-482-4369
cc: Ron Cox, City Ma..n..ager
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T.O. C.A.D.Geo. Account Number
[FW] (R202028 J [3925-0005-0006-000
r 12-:,0-00S-006-0
01 CITY-FRIENDSWOOD
A 109 WILLOWICK
Adu,2 FRIENDSWOOD TX 77546 Addr3
Add,·4 Phone (
LoanCo
[ J
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Sort. Zip [?7':-46.i
Seq Type Notes
OP CODE
[N 1
N=Next Account
Owner Id Flags R/P
J [270768 1 [ ] [R]
Locat Legl 1 8U< ::, Legl2 LOT 6 ABST 151
Legl3 HERITAGE ESTATES SEC 1
Legl4 L.eg15
940808 RA
940407 TAX130
Acreag� [00000.9550]SPTB CD [C9 j Type [ J
Exempt L100)Taxing fntities
[01,02,04, J
Freeze Yr [ j
Fz Amt [000000.00]
Delq Tax Due As Of
.00
H=Help S=Stop X=Exit B=BackuP Account
CC: M & C
C.M.
JON BRANSON
1HERITAGE ESTATES CIVIC CLUB
February 8, 1996
Honorable Mayor Evelyn Newman
Friendswood City Hall
910 South Friendswood Drive
Friendswood, TX 77546
Dera Mayor Newman:
I am wTiting to you in my capacity as president of the Heritage Estates Civic Club. Yesterday
while I was inspecting the Heritage Estates park area (lots 6 & 14 in block 5) I noted that an
adjacent property owner had dumped a load of bank sand in the park. When I complained to him
he 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 he confirmed that the property was going to
be sold and that a bid package was being prepared.
We oppose any action to sell the park. 1bis property 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 here in Friendswood. Areas like those are
a positive contribution to our quality of li fe.
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 and trash dumping.
Respectfully yours,
� (1, � Leo A. Reitan
511 V:/illiamsburg Circle
Friendswood, TX 77546
713-482-4369
cc: Ron Cox, City M..anager
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1/28/88
cc Lynn
2/2/88, cc Lynn Cindy :_' C-
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C,-,� Sec..ve:la ry
Agenda 2-1-88: :]l)pproved -JO to prepare resolution. C6 0:_9: M E M O R A N D U M -----------------------------------------------------------�------======2=="=--
TO, Annette Brand, City Manager
/ �
! 1.,-·
FROM: Duane Hengst, Community Development Director\ �
......_ DATE: January 12, 1988
Below is a list of miscellaneous property ow ned Friendswood that may be considered for resale. by the City of
1. LOTS Clear Creek Woods Lot 2 0.172 ac ABST 151 S McKissick,J..d (Across from Public Works)
Jau,..��i 2--r/ t, 3 I
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2.Quakers LandingLot 28 Section I ��� 3.836 ac ABST 151 S McKissick
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-:g: /5 r'o{ '1 : (-i,µJ!),,!,\)Vij?'"
;,11 ;o�' ff h
(End of --Ee-h0 left side of cul-de-sac)Lt IF-
1_. BROWN LJ7 JtH..r1.h..L /2.J..Cft-YI.{
) ./''. \ . .Y . �
, 3.-�Heritage Estates ( ( . (if!:,9 �Lot 6 Block 5 Section I -1 2--'( r<..f I 0 :.;9$5 ac ABST 151 S McKissick (End of Richmond (401 ) on left),.,_)u�'tlf ffe
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. ' /U U7-...,,.--5/ 1{(?-</jLot 14 Block 6 Sect ion II 0.506.ac ABST 151 S McKissick (End of Colonial Drive (503) on right of cul-de-sac)
PARK LAND /ll� Dunbar Estates Section 2 -b (:2.) r/ 70 ;Adj. to Lot 1 Block 9 ,:) 7 sf 0 • 8 2 6 a c yJ bj-/l,ud .fl=--_ I�i •:J!f/-. ABST 20 Perry/ Austin '--[: pu'-1 _ (At the end of Tang lewr;:,;_J..J----, . _ � IILJ,--/f-q b � 2-3 i
B�ock l Section I / 2--/ 2:i /t1Pj {),-l, /0 1 fa.o/°L ri �AJd. Lot l Block I Iii) <I { 7 t"""-5
j1YL �
0.7286 ac ,'""-""t.?J:;; i -> (At the end of Tanglewood).. . ----.. ----··----··-
. RESERV E Regency Estates Res "B" Block 2 1.2 ac
iuu1./..J-"I) , I-· � I ;-i ,,,./1/1-Y; I� !'f&; .--
Corner/Sunset and Briarrneadow 'd' � -#-·
(?3 ou � ·
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12/11/95 cc: JRB
DAM Vec.embeJl. 7, 7995. Mayo� Evelyn Newman Co u.nc)_j_ MembeM Cdy 06 Ftuend.6wood 910 Sou.th Ftuend.6wood v�. Ftue.nd.6wood, Te.xcu 77546 VeM Mayo� Newman and Cou.nc)_j_ Membe/l..6, 'C· ., .
� �rv----v"--J' t-.,-ch �i��5. M&CC (;\TV�A�P #':)' ··'.S'�� �'\
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��<�1.i\�I am in te.Jteoted in pMc.ha.6ing Lot 6, Blo.c.k. 5, in He.Jl.dage E6tateo, in Ftue.nd.6wood. I u.ndeMtand tfi.u f..ot ,u., owned by the. Cdy 06 Ftue.nd.6wood.Th,u., f..ot ,u., ne1xt to my .lot and p�eoentf..y, I am the only one maintun,tngthe p�ope.Jl.ty. The 1.ia.le 06 tfi.u land wou.f..d add �evenu.e to .:the c.dy and c.oilinu.ed �evenu.e. 6�om .:ta xeo. YoM c.on1.iide.Jl.ation in .:tfi.u ma.:t.:te.Jt ,u., g�ea.:tf..y app�e.ua.:ted.Sinc.e.Jtely, t1 P'� ·JuV7J(fi,t{�/L,,(___,Ga�y G�neJl.e. 403 Ric.hmon Land Ftuend.6wood, Texa.6 77546 @ CITY OF FRIENDSWOOD rm CITY SECREiARY-7n\'v7r-e @�rnU\Yls
DEC 110 1805' .
� CITY GF FRIENDSWOOD If CITY SECRETARY 11
��� :0\\171§1 I..---\Yl_S,_
DEC 8 1995
Mrs. Jan Jordan 504 Pilgrim Friendswood, Texas 77546
JWf�JMjf-'�
2601 S. Braeswood, Unit #704 Houston, Texas 77025
Re: Lot 6, Blk 5, Sec 1 and lot 14, Blk 6, Sec 2, Heritage Estates
Dear Mrs Jordan
As we discussed in our telephone conversation this morning, enclosed is our executed warranty deed to the lots which my wife and I wish to donate to the City of Friendswood.
I am today mailing to Alta Carbonne our payment of the 1983 taxes for the City of Friendswood, Friendswood Independent School District, and Clear Creek Drainage District. We will pay the 1983 County of Galveston taxes just as soon as we receive tax statements which we have requested.
Our CPA and our attorney both indicate that the only thing needed to complete this matter -other than the enclosed deed -is a letter from the City of Friendswood accepting the lots. We would greatly appreciate it if this letter is sent to us during this month.
We want to express to you our sincere thanks and appreciation for the your efforts in this entire matter. You are very kind and have been a pleasure to work with. Thank you.
Sincerely yours
!:t=s, Jr.