HomeMy WebLinkAboutWarranty Deed - James Michael & Eleonora F. McDonald - 0 Crawford Drive. RECORDED BY SOUTHLAND TITLE COMPANY
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COUNTY OF GALVESTON KNOW ALL MEN BY THESE PRESENTS:
WARRANTY DEED
That,JAMES MICHAEL MCDONALD and ELEONORA FORTIN MCDONALD,
husband and wife, of the County of Galveston and State of Texas, for and in consideration of the
sum of TEN AND NO/100 DOLLARS ($10.00), and other valuable consideration to the
undersigned paid by Grantee herein named, the receipt of which is hereby acknowledged, have
GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL Al\TD CONVEY
any and all ofmy interest unto THE CITY OF FRIENDSWOOD, of910 S. Friendswood Drive,
Friendswood, Texas 77546, County of Galveston, and State of Texas, all of the following described
real property in GALVESTON County, Texas, to-wit:
A 515 square foot tract of land out of Lot 1, in Block 15, of LONGWOOD PARK, SECTION ON E (1), a subdivision in GALVESTON County, Texas, according to the map or plat thereof recorded in Volume 254A, Page 90 of the Map Records of GALVESTON County, Texas, and being more particularly described by metes and bounds on Exhibit "A".
This conveyance is made and accepted subject to the following matters, to the extent same are ineffect at this time:
1)Subject to the restrictive covenants ofrecord in Plat Record 5, Map No. 7 and in Volume 1656,Page 56, both in the office of the County Clerk of GALVESTON, Texas.2)Any titles or rights asserted by anyone, including, but not limited to, persons, the public,corporations, governments or other entities,a.to tidelands, or lands comprising the shores or beds of navigable or perennial rivers andstreams, lakes, bays, gulfs or oceans, or b.to la.11ds beyond the line of the h.:rrbor or bulkb.ead lines as established or changed by :mygovernment, or c.to filled-in lands, or artificial islands, ord.to statutory water rights, including riparian rights, ore.to the area extending from the line of mean low tide to the line of vegetation, or the rights ofaccess to that area or easement along and across that area. 3)Subject to any visible or apparent easement(s) over, under or across subject property.4)An unlocated pipeline(s) easement granted to Tennessee Gas Transmission Company byinstrument(s) recorded in Volume 1111, Page 632 of the Deed Records of GALVESTON County,Texas.5)½ of all oil, gas and other minerals as set forth by instrument( s) recorded in Volume 2177, Page517 of the Deed Records of GALVESTON County, Texas.6)All oil gas and other minerals as set forth by instrument(s) recorded in Volume 2315, Page 81 ofthe Deed Records of GALVESTON County, Texas.7)A I/16th Royalty Interest in all oil, gas and other minerals, as set forth by instrument(s) recordedin Volume 695, Page 638 of the Deed Records of GALVESTON County, Texas.
019 43 1391
8)The terms, conditions and stipulations of that certain Mineral Lease dated September 16, 1953,recorded in Volume 1020, Page 474 of the Deed Records of GALVESTON, County, Texas.9)Subject to loss sustained by the owner of the surface of said property through the exercise of theright of ingress and egress and/or any other right of privilege incident to the ownership of saidmineral estate10)Subject to the zoning ordinances now in force in the City of Friendswood, Texas.11)Building set-back line 25 feet in width along the northwesterly property line( s) as shown by therecorded plat of said subdivision.12)A drainage easement 30 feet wide along the southeasterly property line, as reflected by therecorded plat.
•TO HA VE AND TO HOLD the above described premises, together with all and singular
the rights and appurtenances thereto in anywise belonging, unto the said THE CITY OF
FRIENDSWOOD, it successors and assigns forever, and we do hereby bind ourselves, our heirs and
assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said
THE CITY OF FRIENDSWOOD, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
EXECUTED this 16th day of October, 2003.
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VJ.AMES MICHAEL MCDONALD
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THE STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on the 16 th day of October, 2003, by
JAMES MICHAEL MCDONALD'and ELEONORA FORTIN MCDONALD.
NOTARY PUBLIC, State of Texas
SLT-LC-FRIENDSWOOD-GF#2003LC99507-Y-mb00008922-DEED
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EXHIBIT "A"
UFT STATION SITE
, METES AND BOUNDS DESCRIPTION 515 SQUARE FEET OUT OF LOT 1, BLOCK 15 LONGWOOD PARK, SECTION 1 FRIENDSWOOD, GALVESTON COUN'TY, TEXAS
019 43 1392
All that certain S:15 square feet out of Lot 1, Block 15, Section 1, Longwood Park
Subdivision �ccon;ting to the plat thereof filed in Volume 254-A, Page 90 Galveston
County Map Recc,rds and being more particularly descrlbed by metes and bounds as
follows; (bearings based on the east right-of-way line of John Drive to be N 10 ° 52-' o<r E as shown on thfi said plat of Longwood Parle);
Commencing at a found 112• iron rod marking the northwest comer of Lot 14, Block 15 of said Longwood Park, Section 1 and marking the intersectlor'I of the south right--ofway line of Craw1brd Drive (60' wide} and the east right-of-way line of.John Drive (60'
wide); Thenc=e S 10° 52' 00" W -241.98' with the east right-of-way fine of John Drive
to a set 5/8• iron with cap (Stamped C.L Davis-R.P.L.S. +164) and marking the POINT OF BEGINNING of herein desaibed tract;
1.Thence S 79° 08' 00" E -25.00' to a set sis• iron rod with cap (Stamped CL DavJsR.P.L.S. 4464) for romer;
2.Thence S 10 ° 52' 00* w_ -11.23' to a set 5/s• iron rod with cap (Stamped C.L
Davis-R.P.LS. '4464) for comer;
3.Thence S 63 ° S'S' 00,., W -31.26' with the north line of a 30' drainage easement filed
In Volume 25+A, Page 90 Galveston County Map Records to a set 5/8'' iron rod withcap (Stamped C:.L Davis-R..P.LS. 4464) for comer,
4.Thence N 10° 52' 00" E -30.00' with the east right-of-way line of said John Driv� tothe POINT OF E�NING and ccntaining 515 square feet of rand more or fess.
FILED AND RECORDED OFFICIAL PUBLIC RECORDS OF REAL PROPERTY
.7Tlfm;J!4'n/Y,ugl_.,
2003 OCT 24 11:26 AM 2003076338 JENSEN_W $13.00 Mary Ann DaigJ.e iCDLINTY CLERK GALVESTON, TEXAS
NOTE: THE COiY1PA.1TI DOES NOT REPRESE�T THAT TRE A.BOVE ACREAGE OR
SQU.� FOOTAGE CALCULATIONS ARE CORRECT.
--------
City of Priendswood
Date: 7/14/03
To: Deloris McKenzie
CC: Mike Hodge (! �
From: S Jones �\
Re: Longwood Easem�nts
Memorandum
Attached are six of the required seven executed instruments for easements or land purchases for
property in the Longwood Park subdivision for the forthcoming Utility Connections Project.
The City will be purchasing a parcel of land at 1314 Crawford for the location and ·construction
of a lift station for the project. There are two documents contained herein for that, labeled
McDonald, the first being the sales agreement and the second an executed deed.
In two instances, the City was asked to pay compensation for the properties being-crossed by the
utility easement. Only one of those is attached here, consisting of a sales agreement and an
executed deed. This is the Venier property.
In the four final cases attached here, no compensation was requested: These easements are Mills,
Banfield, Weakley and Martin. These were acquired without any additional agreements. For
these four please find only the executed deeds.
There is one final outstanding easement required for the project. I am still in the process of
negotiating for that property and may yet have that agreement by the end of this week. No paper
work is included for this parcel at this time. Any final agreement for that parcel will be
. forwarded under separate cover once it is acquired.
CITY OF FRIENDSWOOD
AGENDA ITEM
FOR THE CONSIDERATION
OF THE CITY COUNCIL
AGENDA DATE 17/21/03 I DEPARTMENT OF ORIGIN !Capital Projects
DATE SUBMITTED 17/1/03 I PREPARED BY IS Jones
SUBJECT I Easement Acquisitions for Longwood Park Project
PROCEEDING (WKSN, P.H., C&PA, RES., ORD., or CONSENT)IConsent
DEPT. CLEARANCES! -s9EXHIBITS !Terms & Conditions Agre em't & Conveyance Documents
APPROVED BY CITY MANAGER I
EXPENDITURE REQ $112,988.00 IAMT BUDGETED $ I I APPROPRIATIONREQ $ I SOURCE OF FUNDS !project budget
STAFF SUMMARY AND RECOMMENDED ACTION:
The Longwood Park project consists of work to both water and sewer utility services in the subdivision. To
provide the subdivision with connection to City of Friendswood water supply a new main will be run into
the subdivision accessing the area through properties belonging to Philip Mills and Tony Banfield. As a
condition of dedication, Mr. Banfield has requested that the easement be termed a "Water Line" Easement
and that it be no wider than 15 feet and be set off of his property line by 15 feet. These requests have been
met by the City's layout for the project and the signed conveyance instrument is attached.
Mr. Mills' sole request in exchange for granting the 20 foot utility easement across the front of one half of
his property was that the City furnish and install a city water meter to both sides of the property. This
condition was agreed to in the attached agreement and the conveyance instrument is attached.
Two 5 foot utility easements were acquired from Mr. Martin and Mr. Weakley in the Forest of
Friendswood for the passage of a augured water line and the installation of a storm drain line in order to
improve the drainage in the existing easement immediately behind their properties. These were acquired
free of charge and the instruments for both of these are attached.
There are three easements for the new Force Main that will carry wastewater from the new lift station back
to the City's existing wastewater collection system. The first of these, a 20 foot by 630 parcel, was donated
free of charge by Mr. Timothy Havlik. That conveyance instrument is attached.
Mr. Richard Venier requested that the City make financial compensation for transiting his improved
property at 2401 John. Based on the appraisal performed for developed land two doors down, of $1.60 per
square foot at the lift station site, the value of an underground transit was determined to be approximately
33%, or $0.522 per square foot. (See attached agreement) This offer was accepted and the executed
conveyance instrument is attached.
For the purchase of the property at 1314 Crawford, the site of the proposed lift station, an appraisal was
performed (see attached McDonald appraisal). The City's appraisal determined the value of the taking to
be the sum of the land value plus damages to the property in the amount of$8,124 while the property
owner's own appraisal valued it at $10,000. An agreement was reached at $9,437 for the property and
accepted. The conveyance instrument and sales agreement, attached.
Staff recommend that these easements be accepted by the City and that the above detailed payments be
authorized as fair and just compensation to the owners for those properties.
. Ctty ob CZI1tievid!mJood
June 9, 2003
Mr. & Mrs. James McDonald
131 LI. CraVJforcl. Drive
Friendswood, TX 77546
Re: Sewer Lift Station Site
Dear Mr. & Mrs. McDonald,
CAPITAL IMPROVEMENT PROJECTS
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
281-996-3203
In regard to the referenced property, the City has had a professional property appraiser
assess the value of this property. The results of that appraisal were forwarded to you on
June 18, 2003. Your appraiser placed a value of $10,000 on the parcel and the City's
appraisal determined that value to be $8,124.00
Under the circumstances the City would like to extend the offer of $9,437.00 as fuli and
complete compensation for the above-described portion of your property. If you agree to
this offer please sign this document and return it so that I can have the conveyance
documents prepared. Upon receipt, I will forward the conveyance documents and an
exhibit describing the site's metes and bounds.
This agreement, and payment to you, can be finalized once Council has approved the
signed conveyance document. Council approval of the conveyance documents could be
scheduled as early as July 7th if you can sign and return those documents by or before the
end of June.
If you have any questions please feel free to contact me at 281 996 3203.
S1c��1� Skipper Jones
Capital Improvement Projects
City of Friendswood
Offer Accepted by,
& +---------------__,_,_ __Date: 0(.a-2.l!J -CJ 3
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THE STATE OF TEXAS
COUNTY OF GALVESTON
SPECIAL WARRANTY DEED
§ § §
KNOW ALL MEN BY THESE PRESENTS:
THAT JAMES MICHAEL MCDONALD & ELENORA F. MCDONALD, HEREIN
REFERRED TO AS GRANTOR, FOR AND IN CONSIDERATION OF THE SUM OF 10.00 (TEN
DOLLARS) AND OTHER VALUABLE CONSIDERATION TO THE UNDERSIGNED PAID BY
THE GRANTEE HERIN NAMED, HAS GRANTED, SOLD,.AND CONVEYED, AND BY THESE
PRENSENTS DOES GRANT, SELL, AND CONVEY UNTO CITY OF FRIENDSWOOD, HERIN
REFERRED TO AS GRANTEE, ALL OF THE FOLLOWING REAL PROPE RTY LOCATED IN
GALVESTON COUNTY, TEXAS, TO-WIT:
A CERTAIN .0118 ACRE TRACT BEING MORE PARTICULARY DESCRIBED IN EXHIBIT "A"
TO HAVE AND TO HOLD THE ABOVE DESCRIBED PROPERTY AND PREMISES,
TOGETHER WITH ALL AND SINGULAR THE RIGHTS AND APPURTANCES THERETO IN
AN_YWISE BELONGING, UNTO TliE SAID GRANTEE, AND THE GRANTEE'S SUCCESSORS
AND ASSIGNS FOREVER, AND GRANTOR DOES HEREBY BIND GRANTO AND GRANTOR'S
SUCCESSORS AND ASSIGNS TO WARRANT AND FOREVER DEFEND ALL THE SINGULAR
AND SAID PREMISES UNTO THE SAID GRANTEE, AND THE GRANTEE'S SUCCESSORS
AND ASSIGNS, AGAINST EVERY PERSON WHOMSOEVER LAWFULLY CLAIMING OR TO
CLAIM THE SAME OR ANY PART THEREOF, BY, THROUGH, OR UNDER GRANTOR, BUT
NOT OTHERWISE.
. THIS CONVEYENCE IS MADE AND ACCEPTED SUBJECT TO ALL RESTRICTIONS,
EASEMENTS, RIGHTS OF WAY, ALL OIL, GAS, AND OTHER MINERAL RESERVATIONS
AND ROYAL TY INTERESTS, AND ALL OIL, GAS AND OTHER MINERAL LEASES,
MAINTENANCE AND ASSESSMENT CHARGES AND ANY LIENS SECURING SAME, SET
BACK LINES, ZONING LAWS, ORDINANCES OF MUNICIPAL AND OTHER GOVERNMENTAL
AUTHORITIES, AND ALL COVENANTS AND AGREEMENTS, IF ANY, RELATING TO THE.
HERINABOVE DESCRIBED PROPERTY, BUT ONLY_ TO THE EXTENT THE SAME ARE IN
FORCE AND EFFECT AND SHOWN OF THE RECORD IN THE OFFICE OF THE COUNTY
CLERK OF GALVESTION COUNTY, TEXAS.
AD VALOREM TAXES FOR THE YEAR 2003 ARE PRORATED AS OF THE DATE
HEREOF, AND TAXES FOR THE YEAR 2003 AND ALL SUBSEQUENT YEARS ARE
ASSUMED BY GRANTEE HEREIN.
1.::::,\:-:-f�,.__; EXECUTED THIS � DAY OF �""003.
BY� ;;,jiLll_ ��}YI�
PRINTED NAME: :fam..e.s Mi ciha& ty\.S��� p, M.£p�
THE STATE OF TEXAS
COUNTY OF GALVESTON \-s\-THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE ___:l___ �-� :F� \\'I��& t-{\ (\ DAY OF� U\_�----' 2003, BY f \9cN,ro, l\f\�b<,I\ C'.'ll�, KNOWN TO ME TO BE THE
I,.)
PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND
ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSES AND
CONSIDERATION THEREIN EXPRESSED, IN THE CAPACITY THEREIN STATED.
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' lo''.-·••-•.._�t-. [,Z(..Jb;\�\ NOTARY PUBLIC
'i.,1!J·�.,l�l State of Texas \"'lx:--"A't -..:.t.f!!Y Comm. Exp. 08-02-2006
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EXHIBIT "A"
LIFT STATION SITE
METES AND BOUNDS DESCRIPTION
515 SQUARE FEET OUT OF
LOT 1, BLOCK 15
LONGWOOD PARK, SECTION 1
FRIENDSWOOD, GALVESTON COUNTY, TEXAS
All that certain 515 square feet out of Lot 1, Block 15, Section 1, Longwood Park
Subdivision according to the plat thereof filed in Volume 254-A, Page 90 Galveston
County Map Records and being more particularly described by metes and bounds as
follows; (bearings based on the east right-of-way line of John Drive to be N 10° 52' 00"
E as shown on the said plat of Longwood Park);
Commencing at a found 1/2" iron rod marking the northwest corner of Lot 14, Block 15
of said Longwood Park, Section 1 and marking the jntersection of the south right-of
way line of Crawford Drive (60' wide) and the east right-of-way line of John Drive (60'
wide); Thence S 10 ° 52' 00" W -241.98' with the east right-of-way line of John Drive
to a set 5/8" iron with cap (Stamped C.L. Davis-R.P.L.S. 4464) and marking the POINT
OF BEGINNING of herein described tract;
1.Thence S 79° 08' 00" E -25.00' to a set 5/8" iron rod with cap (Stamped C.L. Davis
R.P .L.S. 4464) for corner;
2.Thence S 10° 52' 00" W -11.23' to a set 5/8" iron rod with cap (Stamped C.L.
Davis-R.P.L.S. 4464) for corner;
3.Thence S 63° 58' 00" W -31.26' with the north line of a 30' drainage easement filed
in Volume 254-A, Page 90 Galveston County Map Records to a set 5/8" iron rod with
cap (Stamped C.L. Davis-R.P.L.S. 4464) for corner;
4.Thence N 10° 52' 00" E -30.00' with the east right-of-way line of said John Drive to
the POINT OF BEGINNING and containing 515 square feet of land more or less.
This metes and bounds description is accompanied by a separate plat, drawing or
exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures
and Practices" Section 663.19(9).
Compiled by:
C.L. Davis & Company
Job Number: 11-784 515 sq ft M&B.doc06-25-200311-784 515 sq ft M&B.doc
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, NOTES:
1.THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY.
2.THE BASIS OF Bl:ARINGS SHOWN IS REFERENCED TO THE E"AST LINE R/W LINE OF JOHN STREET TO BE N10"52'00"EPER THE RECORDED PLAT PLAT OF LONGWOOD SUBD.
3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREONREPRESENT THE OlJTIJNE AT GROUND SURFACE l..E.\IEl...UNLESS OTHERWISE NOTED.
4. THE lJTILITY APPURTENANCES ( i.e.. utility poles, inlets, etc.)SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OFSURVEY AND MAY NOT BE COMPLETE.
5. TRACT SHOWN HEREml SUEJECT TO C!TY OF FRIENDSWOODBUILDING ORDINANCE.
6. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF FRIENDSWOOD AND Pl:ARLAND DRAWINGS & UTILITY COMPANYBLOCK MAPS, WITH FJELD TIES TO EXISTING SURFACEFlXTURES. CONTRACTOR IS RESPONSIBLE FOR VERIFlCATION OF UNDERGROUND UTILITIES.
7.THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE IAETESAND BOUNDS DESCRIPTION PER TEXAS BOARD OFPROFESSIONAL LAND SURVEYOR'S "GENERAL RULES OFPROCEDURES AND PRACTICES" SECTION 663.19(9).
B. (S) SET 5/8" IRON ROD WITH CAP STAMPED C.L DAVISR.P.LS. Ne. 4464.
c,O��"r-�"
Q(,,/,0/-zcc,'5 � 4.4lc.<\. DATE C.L DAVIS R.P.LS. Ne.
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND ON 03-12-2002 AND THAT THIS DRAWING SUBSTANllALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFlCATIONS FOR A CATEGORY 2, CONDITION 1 SURVEY. THIS CERTIFlCATION IS REVOKED AND THE SURVEY NULL AND VOID IF THIS DOCUMENT IS ALTERED IN ANY MANNER, OR DOES NOT BEAR AN ORIGINAL SE"AL ANO SIGNATURE OF THE SURVEYOR.
LINE DISTANCE BEARING
L1 25.00 1 s 79·oa·oo" E
L2 11.23' S 10·52•00 " W
L3 31 .26' s 53·5a•oo" w
L4 30.00 1 N 10·52•00" £
.. �: .. · .. ,_._·.I· ·.
C L DAVIS & Co 1500 WINDING WAY • • • FRIENDSWOOD. TEXAS ns-46 LAl""iD SURVEYING 2a1-482-949o
BOUNDARY SURVEY
515 SQUARE FEET our Of LOT 1, BLOCK 15 LONGWOOD PARK SECTION 1 (\'01.. 9, PG. 143 B.C.P.R.)
ML 254-A. PG. 90 G.C.M.R.) FRER)SYIOOI), G.t.l.VESTON COUNIY. TEXAS
DATE: os-30-2003 lsCALE: ,· -so· IJoe NO.: 11-784
OWG. 1 l -784B LIFT STATION SITE
SOIJTl!·LANJ) -
January 26, 2004
THE CITY OF FRIENDSWOOD
910 S. Friendswood Drive
Friendswood, Texas 77546
-TITLE
Attention: City Secretary's Office
Re: Our File Number: 03 LC 099507-Y
Closer: Shebette McNamara
Dear Policyholders:
:,
We enclose your Owner's Title Policy in connection with your recent
property purchase. Please place this Policy together with the original
recorded Deed in a safe place with your other important papers.
A permanent file has been established on your property and we are in a
position to provide excellent service in future transactions. Should you
decide to sell or refinance your property, please contact us and we will
promptly accommodate your title needs.
If taxes for the current year were not paid at closing, it will be your
responsibility to pay them in full at the end of the year. You should
render taxes in your name and send that change request form to the County
Appraisal District at your earliest convenience. If the property will be
your homestead, you should also apply with the appraisal district for your
exemption at the appropriate time of year.
We appreciate your business and hope we may be of further service in the
future.
Sincerely,
SOUTH-LAND TITLE COMPANY
�Bfni� 14/Y
Enclosure
6671 Southwest Freeway • Suite 730 • Houston, Texas 77074 • (713) 541-4900 • Fax (713) 777-5712
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CONDITIONS AND STIPULATIONS -Continued
the prior written consent of the Company.
10. REDUC TION OF INSU RANCE: REDUCTION OR TERMINATION OF LIABILITY.
All payments under this Policy, except payments made for costs, attorneys' fees and expenses. shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE.
It is expressly understood that the Amount of Insurance under this Policy shall be reduced by any amount the Company may pay under any Policy insuring
a mortgage lo which exception is taken in Schedule B or to which the Insured has agreed, assumed or taken subject, or which is hereafter executed by an Insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this Policy to the insured owner. 12. PAYMENTOFLOSS. (a) No payment shall be made without producing this Policy for endorsement of the payment unless the Policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b ) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter.
13_ SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this Policy, all right of subrogation shall vest in the Company unaffected by any act
of the Insured Claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the Insured Claimant would have had against
any person or property in respect to the claim had this policy not been issued. If requested by the Company, the Insured Claimant shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. 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 or remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall be subrogated to these rights and remedies
in the proportion that the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the Insured Claimant, as stated above, that act shall not void this Policy. but the Company, in that event, shall be
required to pay only that part of any losses insured against by this Policy that shall exceed the amount, if any, lost to the Company by reason of the
impairment by the Insured Claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-Insured Obliaors
The Company's right of subrogation against non-insured obligors shall exist and shall include. without limitation, the rights of the Insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation
rights by reason of this Policy. 14 . ARBITRATION
Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this Policy, either the Company or the
Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. 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, and service of the Company in
connection with its issuance or the breach of a Policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000 ,000 or less
SHALL BE arbitrated at the request of either the Company or the Insured, unless the Insured is an individual person (as distinguished from a corporation, trust. partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000 ,000 SHALL BE arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to the Policy and under the Rules in effect on the date the demand for arbitration is made.
or al the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys· fees only if the
laws of the state in which the land is located permtt a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by Arbttrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT. (a) This Policy together with all endorsements, if any, attached hereto 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 whether or not based on negligence and which arises out of the status of the title to the estate or interest covered hereby
or by any action asserting such claim shall be restricted to this Policy.
(c) No amendment of or endorsement to this Policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary or validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the Policy is held invalid or unenforceable under applicable law, the Policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES WHERE SENT. . . . . . . . .
All notices required to be given the Company and any statement m wntmg required to be furnished the Company shall include the number of this Pohcy and
shall be addressed to the Company at 1945 Walnut Hill Lane, Irving, Te xas 75038.
COMPLAINT NOTICE. . . . .
Should any dispute arise about your premium or about a claim that you have filed, contact the agent or w:nte to the Company that issued the Polley_
If the problem is not resolved, you also may write the Texas Department of lns_urance, P.O. Box 1�9_091, Au5!in, T� 78714-9091, Fax No. (512) 475-1771-
This notice of complaint procedure is for information only and does not become a part or condition of this Polley.
0211110·4 · WED io: 45 FAX 2813382205 SOUTHLI\ND TITLE LC 14!004 GAC 20030?6337 3 pgs
019 43 1387
: KNOW ALL :MEN BY THESE PRESE1'TTS: COUNTY OF GALVESTONPARTIAL RELEASE OF LIENS That BANK OF AMERICA, a banking institution, in consideration of the paymenton the indebtedness described in and secured by the liens created by the instruments hereinafter·mentioned, as the legal owner and holder of such indebtedness, does hereby release from theoperation of the liens thereby created, the following described real property, to-wit:A 515 square foot tract ofland out of Lot 1, in Block 15, of LONGWOOD PARK, SECTION ONE {1), a subdivision in GALVESTON County, Texas, according to the map or plat thereof, recorded in Volume·254-A, Page 90 of the Map Records and transferred to Plat Record 5, Map No. 7, both of the Map Records of GALVESTON County, Texas, and being more particularly described by metes and bounds on Exhibit" A" attached hereto.
Said real property hereby released being a portion of the real property described in the followingdescribed instruments of record in the office of the County Clerk of Galveston County. Texas,to-wit:DEED OF TRUST dated May 22, 2003, filed for record under GALVESTON County Clerk's File No(s). 2003035103, in.the Official Public R1:cords of RealProperty in Galveston, Texas, executed by JAMES M. McDONALD and ELEONORA F. McDONALD to PRLAP, INC., Trustee(s), securing the paymentof one promissory note in the principal amount of $145,490.00, be:aring interest andpayable as therein provided to the order of BANK OF AMERICA. BUT it is expressly agreed and understood that this i: ,. same shall in no wise release; affect or impair said lien 1 {\L ncJ-o...,, -instrument mentioned. EXECUTEDtbis {)dayof Q�
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B 1) ��OFAMERICi C?\<--€..,n � . ·: r11 � � o.:k_
-� . ""J,J' -�M, � (1 , .{,).,,f ,,1 .__j;,6U·-J ..
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• . 0?/11/04 WED".io: 45 FA:X..0 2'si·3382205 ---SOUTHLAND TITLE LC
EXHIBIT ''A"
/ UFT STATION SITE . METES AND SOUNDS DESOUPTION515 SQUARE Fi:ET OUT OF LOT 1, BLOCK 15 LONGWOOD PARK, SECTION 1
019 43 1389
FRIENDSWOOD, GALVESTON COUN1Y, TEXAS
All that certain S:15 square feet out of Lot 1, Block 1S, Section 1, Longwood Park
subdMslon acc:on�ing tT.> the plat thereof filed in Volume 254-A, Pcige 90 GalvestonCounty Map Rea:irds and being more particularly described by metEs and bounds as
follows; (bearings based on the east rtght-of--way line of John Drive to be N 10 ° 52' 00" E as shown on the said plat of Longwood Park);
Commencing at a found l/2" iron rod marking the northwest ccmer �f Let 14, Block 15cf said Longwood � Sed:ion 1 and marking the mtersection of the south right--of�way line of Crawfi,rd DriVe (60' wide} and the easr. rtght-of-way line of.John Drive {60'Wide); Thenoa s 10 ° 52' oop w -241.9S' With the east right-of-way rsne of John Driveto a set sis· iron with cap (Stamped C.L. Davis-R.P .L.5. +164) and marking the POINTOF BEGINNING of herein descnbed tract:;..
1.Thence s 79° Ct8' 00 ... E -25.00' to a set sis•il"cn rod with cap (Stamped C.L DavtsR,P ,LS. 4464) for comer;
2.. Thence s 10"' 52' oo· W. -11.23' to a set 5/8° irOn rod with cap (Stamped CL D�P.LS. •'464) for �er;
3.Thence S 63"' 58' oa• W -31.26' wfth the north fine of a 30' drainage easement flied In Volume 254-A, Page 90 Galveston County Map Records to a se:t 5/Sw iron rod with cap {Stamped C:.L Davis-R..P.LS. 4464) for comer,
4. Thenca N 100 5-2' 00" E -30.00' with the east right-of-way fine elf said John Olive to.. -tfief"PQINT"Of BEGINNING an�t�otaininANDS1S,rov.are feet of ranid tn0ra or-. fess� . · F'.tLED nrc RDE-D .. . . . . .. .. -
.
.
. . . . •· . ·-· .... ... · ·· r: 1't:1
.. OFFICIAL PUBLIC RECORDS · OF REAL PROPEfffY·-- -m�rtm.�--
. . . �003. OCT 2'L1 11':26 AM 2003076.)""37 ·. ""'"' · JENSEN�W ·$13. 00 ncxrY Ann Daigle �COUNTY ClERK . GALVESTON� TEXAS
NOTE: TRE COlVD'A.t'fY DOES NOT REPRESENT THAT THE A.BOv-:E ACREAGE ORSQUARE FOOTAGI C.UCUL..A. TIO NS .<L� CORRECT.
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