HomeMy WebLinkAboutLake Friendswood Park - Warranty Deed - TEXAS PARKS AND RECREATION FOUNDATION \ III
CORRECTION Q 10 A 3 9 m 0 2 1 1
SPECIAL
WARRANTY DEED ��r788
GF# 93020166
Date: April 27, 1993 �
Grantor: TEXAS PARKS AND RECREATION FOUNDATION, INC
a nonprofit corporation
Grantor's Mailing Address (including county) : zz�sa�'�`
P.O. Box 830309, Dallas County,
Richardson, Texas 75083-0309
Grantee: CITY OF FRIENDSWOOD
Grantee' s Mailing Address (including county) :
109 East Willowick, Galveston County,
Friendswood, Texas 77546
Consideration:
TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration
Property (including any improvements) :
SEE ATTACHED "A" ATTACHED HERETO AND MADE A PART HEREOF
Reservations from and exception to Conveyance and Warranty:
This conveyance is made and accepted subject, to the following
matters, to the extent same are in effect at this time; Easements,
right-of-way, and prescriptive rights, concerning conditions, oil
and gas leases, mineral severances, and other instruments, that
affect the property. All zoning laws, regulations and ordinances
of municipal and/or other governmental authorities, if any, but
only to the extent they are still in effect relating to the
hereinabove described property.
Grantor, for the consideration and subject to the reservations
from and exceptions tq conveyance and warranty, grants, sells, and
conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and
hold it to Grantee, Grantee's heirs, executors, administrators,
successors or assigns forever. Grantor binds Grantor and Grantor's
heirs, executors, administrators, and successors to warrant and
forever defend all and singular the property to Grantee and
Grantee' s heirs, executors, administrators, successors, and assigns
against every person whomsoever lawfully claiming or to claim the
same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty, when the claim is by,
through or under Grantor, but not otherwise.
010- 39 -- 0212
Except for the warranty of title set forth above, Grantor
expressly disclaims all warranties of any nature, kind or
character, express or implied, regarding the physical and
environmental condition of the property or the improvements on the
property, including, without limitation, any warranties of
habitability, merchantability or fitness for a particular purpose,
and Grantee accepts such property and improvements "as is - where
is" condition, with all faults.
When the context requires, singular nouns and pronouns include
the plural.
NOTE:
This deed is made in place of and to correct a deed from Grantor
to Grantee, dated April 27, 1993 and recorded on April 28, 1993
under Galveston County Clerk' s File Number 9316733 in the Official
Public Records of Real Property of Galveston County, Texas. By
error or mistake that deed incorrectly described the property as
a 45.906 acre tract of land when in fact the tract only contained
and grantor only owned the 36. 62 acre tract described herein, this
correction deed is made by Grantor and accepted by Grantee to
correct that mistake, is effective on April 27, 1993, and in all
other respects confirms the former deed.
Texas Parks And Recreation Foundation, Inc.
a Texas non-profit corporation
Y: 0"),UA_tAAV�
AL JOHNSO ecretary/Treasurer
STATE OF TEXAS §
ACOUNTY OF DALLAS §
y�This instrument was acknowledged before me on the day of
1995, by Al Johnson, Secretary/Treasurer of Texas Parks and
Recreation Foundation, Inc. , a Texas non-profit corporation, on
behalf of said corporation.
2"4_2��A44
Notary Public, Stldte of Texas
Notary' s Name (Printed) :
CANDIDA L. HUGHE3 Li
y's of xa�`ion xpires:
` COMMIWon EKplrst.,"n,
AFTER RECORDING RETURN TO:
City of Friendswood
109 E. Willowick
Friendswood, Texas 77546
Attn: John Branson
E:clMIT "An 010-39- 0213
Being a tract or parcel containing 36.62 acres of ispd situated in the John Dickinson League, Ab-
stract Number 9, and the I.&G.N.R.R.'Company Surveys,.Sections 3 4nd'4.'Abstract Numbers 614
and 608, respectively, Galveston County, Texas, and being part of and out of Lots 56 through 62,.
inclusive, and all of Lots 63, 64, and"65, SLOWS SECOND SUBDIVISION, a plat of subdivision
filed for record, May 23, 1927, In Book 254-A, Pages 12 and 15, office of the County Clerk of Gal,
veston County. Texas (O.C.C.G.C.), also tieing part of and out of that certain called 45.906 acres,
referred to as the eastern 3/4ths of Lot 56, and all of Lots 57 through 66, inclusive, of said SL6-
NE'S-SECOND SUBDIVISION, as described in deed from Texas Parks and Recreation Foundation,
Inc. to City of Fdandswood, dated April 27, 1993, and recorded under Galveston County Clerk's
File (G.C.C.F.) Number 9316733, said 36.62 acres being more particularly described as follows
(bearings are based on the monumented common subdivision line of SLONE SUBDIVISION, a plat of
subdivision filed for record. April 11, 1922, in Volume 3, Page 81-A, Deed Records of Galveston
County, Texas, and SLONE'S SECOND SUBDIVISION, said common line being oriented to Its record
bearing, North 33400'00' East): -
BEGINNING at a 1/2-inch iron rod found marking the most westerly corner of RANCHO VIEJO,
SECTION TWO, a plat of subdivision riled for record, November 29, 1979, in Volume IS, Page 163,
Plat Records of Galveston County, Texas, said iron rod also being in said common subdivision line
and the northwest line of said 45.906 acre tract, said iron rod also marking the most northerly
corner of the herein described tract; -
THENCE, SOUTH 55030'58' East, with the southwest line of said RANCHO VIE O, SECTION TWO,
at a distance of 764.56 feet (called 764.46 feet) pass a 1-1/2 Inch iron "pipe found marking the
south common corner of lots 24 and 25, Block 1 of said SECTION TWO at a distance of 1,485.00
feet icalled 1,484.82 feet) pass a 1.3/4 Inch Iron pipe found marking the most southerly corner of
said SECTION TWO, continuing with the southeasterly extension-of said southwest line, in ail a dis-
tance of 1,519.23 feet Icalled 1,514.02 feet) to a 5/84nch Iron rod with plastic cap set in the
southeast line of said 45.906 acre tract and the northwest right-of-way IR/W) line of Windemere
Road (alk/a 'County Road to Algoa'), based on a 50-foot width, said iron rod also marking the most
easterly corner of the herein described tract; - -
THENCE, SOUTH 34'30'00' West,,with, said northwest R/W tine and the southeast'lineof the
aforesaid 45.906 acre tract, a distance of 360.83 feet to Its intersection with the common survey
line of the aforesaid John Dickinson League and the aforesaid I.&G.N.R.R. Company Survey, Section
3, and being In the north line of that certain called 5.366 acres, described in deed from Elizabeth L.
Whiteford, at al, to Daniel A. Tostado, and wife, Carmen & Tostado, dated September 30, 1991,
as recorded under G.C.C.F. Number 9135047, said intersection also being in the most northerly
south line of said 45.906 acre tract and the;aforesaid SLONE'S SECOND SUBDIVISION, and mark-
ing the most northerly southeast corner of said 45.906 acre tract and the herein described tract,
from which a 2-inch iron pipe found for reference bears South 75'10' West, 1.00 feet;
THENCE, SOUTH 88'13'00' West, with said common survey line, said northerly south lines, and
the north line of said 5.366 acre tract, at a distance of 70.71 feet pass a 2-inch Iron pipe found for
reference on the bank of a lake, at a distance of 841.05 feet pass the northwest corner of said
5.366 acre tract, continuing with said common survey line, said northerly south lines, and the north
line of the remainder of that certain called 5 acres, described in deed from J.C. League to Joseph
Lobit, dated April 2, 1909, as recorded In.Book,235, Page.81, O.C.C.G.C., in all a distance of
956.04 feet to the northwest comer of said 5 'acre tract, also being an interior corner of said SLO-
NE'S SECOND SUBDIVISION, said 46.906 acre tract, and the herein described tract (corner falls in
lake andrwas not set);
THENCE, SOUTH, with the west common line of said 6 acre tract, said 46.9Q6 acre tract, and said
SLONE'S SECOND SUBDIVISION, at a distance of 206.00 feet pass a 5/8-Inch Iron rod with plastic
cap set for reference on the bank of a lake, continuing In alve distance of 233.76 Peet Icalled 234
- feet) to the southwest corner of said 5 acre tract and the most southerly southeast corner of said
SLONE'S SECOND SUBDIVISION, said.45.906 acre tract.and the herein.described tract;-said corner
also being in the north R/W line of the aforesaid 'County Road to MOW, from which a 1.114 inch
iron rod found for reference bears SOUTH, 1.40 feet,-
THENCE, SOUTH 87049'00' West, with the most southerly south line of acid SLONE'S SECOND
SUBDIVISION and said 45.90§.acre tract, and the north R/W line of said '.County Road.to Algol','
at a distance of 307.60 feet(called 309.0 feet) pass a 4-Inch by 21-inch atone monument found for
reference, continuing with said southerly south lines and the north line of that certain called 10 acr-
es, described in deeds to Jimmie L.,'Rathbum, as recorded under G.GC.F. Numbers 8103024 and
8712908, in all, a distance of 1,041.68 feet(called 1,042.0 feet) to a 2-Inch iron pipe found mark-
ing the south common corner of SLONE'S SECOND SUBDIVISION and the aforesaid SLONE SUBDI-
VISION, also marking the southwest corner of said 46.906 acre tract and the herein described tract;
THENCE, NORTH 33'00'00' East, with the common subdivision line of said SLONE SUBDIVISION
and SLONE'S SECOND SUBDIVISION, and the northwest line of said 45.906 acre tract, at a dis-
tance of 30.70 feet (called 30.3 feet) pass a 1-Inch galvanized iron pipe found marking the most
southerly corner of Lot 160 of said SLONE SUBDIVISION, at a distance.of 293.33 feet (called
291.0 feet) pass the south common survey line of the aforesaid John Dickinson League and the
aforesaid I.&G.N.R.R. Company Survey, Section 4, continuing In all, a distance of 1,741.71 feet to
the POINT OF BEGINNING and containing 36.62 acres of land.
SETTLEMENT AGREEMENT, RELEASE AND ASSIGNMENT
This Settlement Agreement is made and entered into this 17th
day of October, 1994 by the City of Friendswood, hereinafter
referred to as (the "City" ) and Lawyers Title Insurance
Corporation, a Virginia corporation, hereinafter referred to as
( "LTIC" ) .
WITNESSETH:
WHEREAS, On or about April 28, 1993, the City purchased a
45. 906 acre tract or parcel of land being part of the Slones Second
Subdivision, a subdivision in the John Dickinson League, Abstract
No. 9, Galveston County, Texas, more particularly described on
Exhibit "A" attached hereto (the "Land" ) ; and
WHEREAS, LTIC owners policy of title insurance no. 134-00-
017809 was issued to the City (the "Policy" ) insuring good and
indefeasible title to the Land; and
WHEREAS, upon having the Land surveyed, the City discovered
that title to 9 .286 acres of the Land is vested other than as
insured, resulting in a failure of title to said 9 .286 acres (the
"Claim: ) ; and
WHEREAS, upon the City' s notifying LTIC of such failure of
title, LTIC commenced an investigation and confirmed the failure
of title; and
WHEREAS, in reviewing the Policy provisions, for purposes of
establishing the amount of loss or damage to which the City would
be entitled, it was discovered that through mutual mistake or
error, the Policy is a Texas Residential Owner Policy of Title
Insurance for One-To-Four Family Residences, which the Land is not;
and
WHEREAS, due to significant difference in the measure of loss
on damages under the Policy and the policy which should have been
issued, LTIC and the City have entered into extensive negotiation
to reach this agreement; and
WHEREAS, the City and LTIC desire finally and forever to
compromise and settle the differences between them in the regard,
thereby avoiding the expense of lengthy, complex and expensive
litigation involving issues of law and fact:
NOW THEREFORE, the parties hereto agree as follows:
1.
That for and in consideration of the sum of FIFTY-FIVE
THOUSAND DOLLARS AND NO/100 ($55, 000.00) and other consideration
enumerated herein, the receipt, adequacy and sufficiency of which
is hereby acknowledged and confessed, the City does hereby release
and forever discharge LTIC, its officers, servants, employees and
assigns, from any and all claims, demands, actions and causes of
action of any nature or character, whether contract, tort, real
property, common law, statutory otherwise, which may have accrued
to the City as of the date hereof against LTIC, its officers,
servants, employees and assigns. The parties understand that this
settlement agreement is intended to constitute a complete and final
settlement and release of the Claim described herein and that no
consideration, other than that described in this agreement is to
be paid or received on account of the Claim or any cause of action
which may have accrued to the City by reason of such Claim. It is
further understood and agreed that LTIC does not admit liability
for the incidents giving rise to the Claim and this agreement, but
furnishes the aforesaid consideration only for the purpose of
compromise and settlement of a disputed claim.
2.
The City does hereby grant, convey and assign to LTIC, its
successors and assigns, any and all its rights, claims, demands,
and causes of action that it may have against any person, firm,
corporation or property arising from or related to the
aforementioned Claim and incidents giving rise thereto. This grant
is given as evidence of and not in lieu of LTIC' s rights contained
in the Policy' s Conditions Section 7.
3.
The City hereby agrees to promptly surrender the Policy to
LTIC for cancellation and the issuance of a Texas Form T-1 policy
containing appropriate Schedules A and B, with a specific exception
to be added, to Schedule B Exceptions, for that portion of the
Land, (the subject of the Claim and this settlement) which overlaps
Rancho Viejo, Section Two Subdivision.
4.
The City further acknowledges that pursuant to the Policy' s
Conditions, Section 6c. and Section 10 of the Conditions and
Stipulations of the appropriate Texas Form T-1 Policy, the payment
made in settlement of this Claim shall be subtracted from the
Policy amount, thereby reducing the amount of insurance pro tanto.
5.
This settlement agreement and the attached Exhibit "A"
contains the complete agreement of the parties hereto with respect
to all matters in connection with this claim.
Executed and effective this 17th day of October, 1994.
LAWYERS TITLE INSURANCE CORPORATION
y Gary A. Holliman
CITY OF FRIENDSWOOD�/J
By: o�/�.�
Print Name: 8velyne, B. Newman
Its: Mayor
EXHIBIT "A"
3. Legal Description of land:
All that- certain 45.906 acre tract of land being out of and a part
of the Slones Second Subdivision, a subdivision in the John
Dickinson League, Abstract No. 9, Galveston. County, Texas, a plat of
said subdivision being recorded in volume 254-A, Pages 12 and 15, in
the office of the County Clerk of Galveston County, Texas, said
45.906 acre tract being comprised of the Eastern Three Fourths
(3/4ths) of Lot Fifty-six (56) , and all of Lots Fifty-seven (57)
through Sixty-five (65) of said referenced Slones Second
Subdivision, and as said 45.906 acre tract is described in Deed
recorded in Book 2621, Page 278 et. seg. , of the Deed Records of
Galveston County, Texas.
600 North Pearl
Suite 700
' Lock Box 182
awyers Title Insurance Corporation Dallas,Texas 75201
(214)720-7600
Fax(214)720-7615
Writer's Direct Dial
720-7664
October 7, 1994 via FEDEX
Mr. Mario L. Dell'Osso
Olson & Olson
Three Allen Center, Suite 3485
333 Clay Street
Houston, Texas 77002
Re: Galveston County, Texas Claim C93-1859-000
City of Friendswood - Insured
Policy No.
Dear Mr. Dell 'Osso:
Pursuant to our telephone conversation on October 7, 1994 enclosed
you will find: Lawyers Title Insurance Corporation' s ( "LTIC" )
check number 35814, in the amount of $55,000.00, made payable to
the City of Friendswood (the "City" ) ; and a Settlement Agreement,
Release and Assignment ( "Agreement" ) to be signed by the City.
These funds are being delivered to you in trust for purposes of
compromising and settling the referenced claim. The check is not
to be delivered, deposited, endorsed or otherwise negotiated until
such time as the Agreement has been properly executed by the City
and faxed to me, with the original Agreement and the referenced
Policy being returned to me via FedEx.
As we discussed, the referenced Policy will be cancelled and re-
issued on the appropriate policy Form T-1 with comparable Schedules
A and B, except that an exception e. will be added to except from
coverage of the Policy, that portion of the land described in
Schedule A which overlaps Rancho Viejo, Section Two Subdivision.
October 7, 1994
Page 2
With regard to LTIC' s rights of subrogation and the City' s
assignment of those rights, I have reviewed the deeds in the City' s
chain of title from the 1986 conveyance by Edwin N. Letzerich,
Elizabeth L. Whiteford and Louis Letzerich, Jr. , through the 1993
conveyance by Texas Parks and Recreation Foundation, Inc. and find
that all 3 conveyances in that time frame were special warranty
conveyances. Therefore, LTIC will not be pursuing recovery from
any of those Grantors since no recovery would be anticipated.
I£ you have any questions, concerns or problems in this regard
please feel free to call me at your convenience.
Thank you for your professional attention and cooperation in
resolving this matter.
Ver Y10truly yours,
i A. Holliman
Associate Counsel - Claims
GAH/srs
Enclosures
cc: Fred H. Benson, Jr. , w/o enclosures
Randall E. Cox, w/o enclosures