HomeMy WebLinkAboutSpecial Warranty Deed - Richard W. Stapp - 1200 SUNSET DR. -.,;,,, ·r
THE STATE OF TEXAS
COUNTY OF GALVESTON
?/75-'1 :>-I ({.51
RETURN TO: Texas ;\mgr� Titl� Co.30i· S. Frienc!sWt.'Od Dr . 8-3 SPECIAL WARRANTY DEED FrieMSWGod, Tx. nS4s
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
That the City of Friendswood, Texas, a home rule municipal
corporation located in Galveston and Harris counties, Texas,
(hereinafter called "Grantor") , for and in consideration of the sum
of ten dollars ($10.00) and other good and valuable consideration
paid to Grantor by Richard W. Stapp (hereinafter called "Grantee"),
the receipt and sufficiency of which is hereby acknowledged and
confessed, has GRANTED, SOLD, and CONVEYED, and by these presents
does hereby GRANT, SELL, and CONVEY unto the Grantee, his heirs,
executors, and administrators, the following described real
property (hereinafter called the "Property") , lying and being
situated in Galveston County, Texas, and containing 1.1544 acres of
land, more or less, said Property being more particularly described
in Exhibit "A" attached hereto and made a part hereof for all
purposes.
This conveyance is made subject to all applicable easements,
conditions, restrictions, covenants, mineral or royalty interests,
mineral reservations, surface waivers, liens, encumbrances,
regulations or orders of municipal and/or other governmental
authorities, if any, or other matters of record validly existing
and affecting the Property.
TO HAVE AND TO HOLD the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging
unto the said Grantee, his heirs, executors, and administrators,
FWO\SPLWARR.OEE\ 120893 I
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........ -
and Grantor binds itself, its successors, and assigns, to warrant
and forever defend all and singular the Property unto Grantee and
Grantee's heirs, executors, and administrators, 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.
EXECUTED this the B.,__ day of > � l<et ) , 19 9 3 •
CITY OF FRIENDSWOOD, TEXAS
ATTEST:
Deloris McKerl�ie, City Secretary
THE STATE OF TEXAS § § COUNTY OF GALVESTON §
By:
��-��Eveiyn: Newman Mayor
fl This instrument was acknowledged before me on the /.:3· day of
/j}fkl� , 1993, by Evelyn B. Newman, Mayor of the City of
Friendswood, Texas, a municipal corporation, on behalf of said
corporation.
FWO\SPLWARR.DEE\ 120893
..,, .... � _,1,R1,. .. ,,4;�� DE�P.;iU REED 7�'-,k?f'f{ f: �,,.�} rfot,:'Y r��t!ic: ��1, .. 0,_!s·�ubiid'. s t e of Texas�""-r� !�• t.,;1 Ccn,mi�vll -=-�,llS •,,,:.�;�J' JU'•r '".) 1<)"� ���• . .-· ,,�c c.. ... , � :;,J. _..
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Address of Grantee:
Richard W. Stapp
510 North Heather Lane
Friendswood, Texas 77546
FWD\SPLWARR.DEE\1 20893 -3-
NOTICE TO BIDDERS INFORMATION SHEET
1.Bid No. 9 3-/2_
2.Bid to be received at or before 2 p.m. Tuesday, September 28, 1993
3.Purpose of Bid: Sale of Recreation Reserve 11 8 11 , Regency Estates �
4.Is bid bond required? _yes .l_no *NOTE* Requires a cashiers check payable
to City of Friendswood for 5%
of total bid. 5.Cost of plans and specifications $ _ _..,N�L�A ____ _
6.Are plans, specifications, and bidding documents available for
inspection during regular business hours at any place other thanCity Secretary's office? If so, where?
7.
Parks and Recreation Department109 E. WillowickFriendswood, TX 77546
Is pre-bid conference scheduled?
If yes, when
where --
Is it mandatory? __ yes
__ yes _x_no
no
8.Name of person to contact for additional information:
Name Jon R. B_ranson Phone (713) 482-3245
9.Publication dates: September 15, September 22
Submitted by:
Reviewed by:
\\.� (!j'� Finance Director
Approved: � City Manager
Delivered to City Secretary's Office
BIDINFO
September 8, 1993
Date:
Date:
Date:
9 .. 10 ,.-9 3 (date)
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TO BE AWARDED: 10/4/93
BID OPENING
Date: 9/28/93 Time : 2 : 0 0 P • M.
Bid SALE OF RECREATION RESERVE "B" Bid No. REGENCY ESTATES
COMPANY NAME
1.Richard W. Stapp
2.Dennis Rodney Bailey
.J •
4.
5.
6.
7.
8.
9.
10.
Jon Branson
BID BOND
C/C
C/C
Department Head
Representative
c.s.o.
Deloris McKenzie I CSO
Linda Thornton 1� -
bid-open.doc
93-19
BID PRICE
$ 3,005.00
2,500.00
NOTICE TO PRO?OSERS CITY OF FRIENDSWOOD, TE.,"l{ASBID NO. 93-19
SEALED BIDS IN DUPLICATE .ADDRESSED TO THE CITY OF FRIENDSWOOD, ATTN. DELORIS MCKENZIE, CITY SECRETARY, WILL BE RECEIVED AT FRIENDSWOOD CITY HALL., 109 WILLOWTCK, FRIENDSWOOD,TEXAS UNTIL 2:00 P. M.,TUESDAY, SEPTEMBER 28,
19 9 3 AND AT THAT TIME PUBLI.CY OPENED' AND READ FOR THK FOLLOWING.
SALE OF RE.CREATION RESERVE ."B", REGENCY. ESTATES"
BIDS SHALL BE SUMITrED IN SEALED ENVELOPES: CLEARLY MARKEDWITH BID NO. 9 3-19. ALL BID PROPOSALS SHALL. BE ACCOMPANIED BY CASHIERS CHECK UPON A NATIONAL OR STATE BANK IN THE" AMOUNT OF FIVE (5%.) OF THE TOTAL BID AMOUNT-PAYABLE TO THE" CITY OF FRIENDSWOOD ,.AS A GU.AR.ANTEE THAT THE. BIDDER WILL. ENTER INTO A CONTRACT WITHIN FIFTEEN (15) DAYS AFTER' NOTICE OF AWARD. THE CITY OF FRIENDSWOOD RESERVE"S THE RIGHT' TCREJECT ANY AND ALL BIDS AND TO WAIVE ANY INFORMALITY IN BIDS RECEIVED.
PLANS, SPECIFICATI.ONS AND BIDDING DOCUMENTS ARE AVAILABLE FOR REVIEW DURING REGULAR BUSINESS HOURS AT THE CITY SECRETARY'S OFFICE, .Ai."ID PARKS AND RECREATION DEPARTMENT. AT'
109 E. WILLOWICK, FRIENDSWOOD., TEXAS.
**THE PERSON TO CONTACT FOR ADDITIONAL. INFORMATION: JON BRANSON AT (713) 482-3245.
DELORIS MCKENZIE, CMC CITY SECRETARY CITY OF FRIENDSWOOD
**THE FRIENDSWOOD JOURNAL LEGAL. DEPARTMENT·:**THE FRIENDSWOOD REPORTER NEWS LEGAL DEPARTMENT::
PLEASE PUBLISH SEPTEMBER 15 ,. 1993 & SEPTEMBER 22,1993.
AFFIDAVIT OF PUBLICATION IS REQUIRED.
CC: M&CC
CITY MGR.
INSTRUCTIONS TO BIDDERS
Notice is hereby given that the City of Friendswood, Texas, is offering
for sale the following described tract of land.
1.2 acres more or less of public land described as Reserve "B" on the plat of Regency Estates Subdivision, a subdivision out of the Sarah McKissick League in Galveston County, Abstract 151.
1.To purchase the above described land, duplicate bids must besubmitted in sealed envelopes clearly marked Bid No. ___ to theattention of the City Secretary, City of Friendswood,
109 Willowick Avenue, Friendswood, Texas 77546, at or before
2:00 p.m. Tuesday, September 28, 1993.
2.The bid must be for the entire parcel of land. The parcel will
not be subdivided.
3.The successful bidder will be liable for all closing, filing
recording fees and Title Insurance costs.
4.The successful bidder will be liable for the cost of a registered
survey of the property.
5.Minimum bid accepted will be $2,500.
6.All bids may be rejected and rebid at the discretion of the Cityof Friendswood.
7.The bid will be awarded to the highest bidder.
8.A Cashiers Check payable to the City of Friendswood in the amount
of 5% of the total bid must accompany the bid. Unsuccessfulbidders Cashiers Checks will be returned one (1) week after bidsare awarded.
9.Questions regarding property may be addressed to Jon R. Branson,Parks and Recreation Director, (713) 482-3245.
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POTENTIAL BIDDERS TRACKING FORM
* * * * * * * * * *
**Please provide all information regested below for anyone -picking up bid packets. This applys to packets being mailedtoo.
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BIDTRACK/EMA03
109 WILLOWICK 713/482-3323
FRIENDSWOOD, TEXAS 77546-3898
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City of 9'tLE.nd�wood
October 5, 1993
109 WILLOWICK 713/482-3323
FRIENDSWOOD, TEXAS 77546-3898
Mr. Richard. W. Stapp531 N. Heather Lane Friendswood, Texas 77546
Re: Bid J93-19 Sale of Recreation Reserve B, Regency Estates.
DearMr�p�
Mayor
EVELYN NEWMAN
Councilmembers
KITTEN HAJECATE
MEL P. MEASELES
TOM MANISON
ED STUART
HAROLD RALE Y
A. FRANK FRANKOVICH
City Manager
RONALD E. COX
City Secretary
DELORIS McKENZIE, CMC
Please be advised that you have been awarded the. bid forthe Sale of Recreation. Reserve "B", Regency Estates, bid number 193-19, at the. City Council meeting on. October:.4, 1993.
Your total cost and deed with the City will . be forthcoming ..
We thank you for taking the time to submit a bid. withthe City of Friendswood.
If I can be of assistance ,. please contact me .•
Sincerely.,
�cKenzie, CMCCity Secretary
DM/lt
awardbid.doc
Richard W. Stapp 531 N. Heather Ln. Friendswood, Texas 77546
To: City of Friendswood Attn: Deloris Mckenzie, City Secretary
Date: September 28, 1993
Re: Bid submittal #93-19 for the sale of Recreation Reserve "B", Regency Estates
My bid for the above described property is $3,005.00 Enclosed is a cashiers check in the amount of five {5%) percent of this bid.
Thank You,
� U) ,_ftclf!JRichard W. Stapp 713-483-3739 (w)713-482-0329 ( h)
Encl. Cashier Check
1
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C.Disposition of Bids.1.Bid 93-14: Construction of 8-inch waterline on Lundy
Lane.
Bids have been opened for the construction of the 8 inch water
line on Lundy Lane. Staff is recommending the low bidder,
D.Wagner Construction Co., Inc. in the amount of $91,669.64.
Although Jimmy stated in his memo the engineering estimate was
$89,408, we actually have $95,147 encumbered and budgeted for the
project.
2.Bid 93-15: Sale of surplus city equipment.
Staff had a great time opening
surplus equipment! Jimmy
recommendations for the sale of
We recommend approval as prepared
and reviewing the bids for the
Holland has prepared staff
various vehicles and equipment.
by Jimmy Holland.
3.Bid 93-18: Sale of Lot 28, Quakers Landing Subdivision.
These two lots were advertised for sale two years ago and either
we received no bid, or the bid was so low it was rejected.
However, such was not the case for the current advertisement.
Advertisement was specified that _the high bid would be approved.
Jon Branson has prepared a memo making recommendation to approve
the high bid in both cases.
For the Quakers Landing lot the high bid was $12,900 from
Mr. & Mrs. Kenny Grisham.
4.Bid 93-19: Sale of Recreation Reserve "B", Regency
Estates Subdivision.
Jon's recommendation is to accept the high bid of $3, oo.yfrom
Mr. Richard W. Stapp for the sale of this lot.
D.Authorize execution of contract with Fine Arts Commission.
Staff is recommending the annual renewal of this contract with no
change in the terms of the contract. The contract amount has
been reduced from last year's figure, on the recommendation of
David Smith, Fine Arts Commission Chairperson, from $4,500 to
$3,500 .
CMR9310.1E/KSN02/AGENDA
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AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority, ·on this day personallyappeared GLORIA BOIKE, Business Manager for THE JOURNAL, a newspaper having general circulation in Brazoria County, Texas, who being by me duly sworn, deposes and says that theforegoing attached notice was published in said newspaper·
on the following date(s), to wit:
��'""-��'\S�-S�v,.�."
19%
19�
19
19
fil&Uvtk�
BUSINESS MANAGER
Subscribed and sworn to this�c day of���c::,,<
(SEAL)
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PUBLIC OF TEXAS
�· AFFIDAVIT OF PUBLICATION
REPORTER NEWS
P.O. Box 954
Friendswod, Texas 77546
�� <?5-;f-----------c
State of Texas
County of Galveston
I, Laura Emmons, hereby certify that the notice hereby appended was published in Galveston County in
the REPORTER NEWS, a newspaper for general circulation in Galveston County and Brazoria County, for
--4----issues, as follows:
No. I Date 4-/5
No. z_Date 1�1f'
No. J Date 1-1[
No. '/ Date 1,1:f
No. j Date ___i: If'
{)
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19-23
19 'is
19 13·'
19 _2J_
19�5
�
Laura Emmons, Publisher
Subscribed and sworn to before me this .T • , ••
19 i1
(!_-�
; No.tif���c;"�@� of Texas
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�- • • "• f;.-�jS��S ,.•• ,:.f t-e4u 17a�FtA-Ecnrn�s
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NOTICE TO PROPOSERS
CITY OF FRIENDSWOOD, :TEXAS
BID NO. 93-19
SEALED BIDS IN DUPLICATE
ADDRESSED TO THE CITY OF
FRIENDSWOOD, ATTN. DELORIS
MCKENZIE, CITY SECRETARY, WILL
BE RECEIVED AT FRIENDSWOOD
CITY HALL, 109 WILLOWICK,
FRIENDSWOOD, TEXAS UNTIL 2:00
P.M., TUESDAY, SEPTEMBER 28,
1993 AND AT THAT TIME PUBLICLY i, OPENED AND READ FOR THE FOL·· ,I. -LOWiNG': 2::· : 1 " p;l:, i' � • ... �:'.i --.-:�;·-:: 'i •G,�,2;�!· )� ,,,
' SALE OF RECREATION RESERVE
"B," REGENCY ESTATES
BIDS SHALL BE SUBMITTED IN
SEALED ENVELOPES CLEARLY
MARKED WITH BID NO. 93-19. ALL
BID PROP OSALS SHALL BE
ACCOMPANIED BY CASHIERS
CHECK UPON A NATIONAL OR
STATE BANK IN THE AMOUNT OF
FIVE (5%) OF THE TOTAL BID
AMOUNT PAYABLE TO THE CITY OF
FRIENDSWOOD, A.S A GUARANTEE
THAT THE BIDDER .WILL ·EN TER
INTO A CONTRACT WITHIN FIFTEEN
(15)DAYS AFTER NOTICE OF
AWARD. THE CITY OF
FRIENDSWOOD RESERVES THE·
RIGHT TO REJECT ANY AND ALL
B!DS AND TO WAIVE ANY INFOR·
MALITY IN BIDS RECEIVEjj;
PLANS, SPECIFICATIONS AND BID·
DING DOCUMENTS ARE AVAILABLE
FOR REVIEW DURING REGULAR
BUSINESS HOURS AT THE CITY
SECRETARY'S OFFICE, AND PARKS
AND RECREATION DEPARTMENT
AT 109 E. WILLOWICK,
FRIENDSWOOD, TEXAS.
**THE PERSON TO CONTACT FOR
ADDITIONAL INFORMATI ON: JON
BR ANSON AT (713j 482-3245.
DELORIS MCKENZIE, CMC
CITY SECRETARY.
CITY OF FRIENDSWOOD
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REGULAR MEETING FRIENDSWOOD CITY COUNCIL OCTOBER 4, 1993
·:: \
MINUTES OF A RE�ULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON OCTOBER 4, 1993 AT .6.....3..Q. PM AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK, FRIENfrSWOOD, TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM:
MAYOR PRO-TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY ATTORNEY CITY MANAGER CITY SECRETARY
KITTEN HAJECATE MEL MEASELES TOM MANISON ED STUART HAROLD RALEY JANIS LOWE TODD STEWART RON COX DELORIS MCKENZIE
ABSENT FROM THE MEETING WAS MAYOR EVELYN B. NEWMAN.
MAYOR . PRO-TEM HAJECATE PROCLAIMED THE WEEK OF OCTOBER 4-10, ·1993 AS "FIRE PROTECTION WEEK" AND PRESENTED THE PROCLAMATION TO FIRE MARSHAL DAVID COLLINS.
FIRE MARSHAL DAVID COLLINS AND MAYOR PRO-TEM HAJECATE PRESENTED CERTIFICATES OF ACHIEVEMENT TO ELEMENTARY STUDENTS FOR FIRST, SECOND AND THIRD PLACE AND HONORABLE MENTION FOR THE FIRE PREVENTION POSTER CONTEST.
MAYOR PRO-TEM HAJECATE CALLED THE MEETING TO ORDER.
INVOCATION WAS GIVEN BY PASTOR RALPH HOBRATSC�K, HOPE LUTHERAN CHURCH.
MAYOR PRO-TEM HAJECATE LED THE PLEDGE OF ALLEGIANCE.
MAYOR PRO-TEM HAJECATE AND PLANNING AND ZONING CHAIRMAN BENNY BAKER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC COMMEN�S, EITHER ORAL OR WRITTEN, REGARDING THE FOLLOWING:
A)REQUEST TO REZONE NO. 1 WINDSONG OF "LAND B&ING RESERVE "B" OF (UNRECORDED) FROM SPECI FIC USE RESIDENCE TO OFFICE PARK.
AT FM 528, 2.1556 ACRES WINDSONG SUBDIVISION CHURCH/SINGLE FAMILY
MR; MIKE LEBLANC, REPRESENTING THE PROPERTY, STATED THE PROPOSED USE OF THE BUILDING AND PROPERTY IS FOR A REAL ESTATE OFFICE.
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ORDINANCES
**COUNCILMEMBER .LOWE MOVED FOR. APPROVAL OF ORDINANCE 93-12, SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 1.636 ACRE TRACT OF LAND LOCATED IN THE PERRY & AUSTIN LEAGUE, LOT 4, NORTH FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, GALVESTON COUNTY, TEXAS, FROM COMMUNITY SHOPPING CENTER (CSC) TO.SPECIFIC USE (FUNERAL HOME) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY, SUBJECT TO APPROVAL OF SITE PLAN. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY.
**COONCILMEMBER STUART MOVED FOR APPROVA� OF iHE CONSENT AGENDAAS PRESENTED WITH THE EXCEPTION OF ITEM D) AUTHORIZE EXECUTION OF CONTRACT WITH F.INE ARTS COMMISSION A) PAYMENT .Q.t CAPITAL PROJECTS1)1992 COUNTY STREET IMPROVEMENT PROGRAM B)SFI PROJECT CONTRACT NO. 2, GRAVITY SANITARY SEWER C) DISPOSITION .o..E. rn 1) BID 93-14 -CONSTRUCTION OF 8-INCH WATERLINE ON LUNDY LANE TO D. WAGN$R CONSTRUCTION CO., INC. IN THE AMOUNT OF $91,669.64 2) BID 93-15 -SALE OF SURPLUS CITY EQUIPMENT 3) BID 93-18 -SALE OFLOT 28, QUAKERS LANDING SUBDIVISION TO MR. & MRS. KENNY GRISHAMIN THE AMOUNT OF $12,900 4) BID 93-19 -SALE OF RECREATIONRESERVE "B", REGENCY ESTATES SUBDIVISION TO MR. RICHARD W. STAPP� IN THE AMOUNT OF $3,005 Et AO�HORIZING AMOCO PIPELINE TO REWORK PIPELINE IN QUAKERS LANDING AND F) MINUTES. SECONDED BY COUNCILMEMBER RALEY. MOTION APPROVED UNANIMOUSLY.
**COONCILMEMBER STUART MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH FINE ARTS COMMISSION SUBJECT TO INCLUDING CERTIFICATE OF INSURANCE AND FURNISHING FEDERAL TAX RETURNS. SEC6NDED BY COUNCILMEMBER LOWE. MOTION APPROVED 5-1. COUNCILMEMBER MANISON OPPOSED.
MOTION MADE AND APPROVED .FOR ADJOURNMENT AT 8:45 PM.
�4-tJ� MAYORVELYN B. NEWMAN
.�� DELORIS M�TRMC CITY SECRETARY
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123
� [ MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
* March 16, 1981
Regular Meeting of the Friendswood City Council was held at
ihe City Hall on Monday, March 16, 1981, at 7:30 p.m. with the
following members present:
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Mayor Dale Whittenburg Councilmen: Loren Wood Mary Brown Paul Schrader
City Attorney John Olson City Manager Jim Morgan City Secretary Bobbie Henry
Edward Zeitler (Late arrival) Paul Haaz (Late arrival)
Sp �-.With a quorum present, and with Councilmen Zeitler and Haaz 8:00 o'clock, the following business �rriving approximately was transacted:
NVOCATION was given by Rev. Roger Patterson, First Baptist Church .
. PPROVAL OF MINUTES -Minutes of a Regular Meet ing of March 2, approved as corrected.
TRODUCTTON OF NEW TTNANCE OFFICER -Mr. Morgan introduced
JVid Quick as th� City's new.Finance Officer.
NOUNCEMENTS FROM THE MAYOR
PROCLAMATION setting March 30 as "Wranglerette Day.11
Letters to the President of the United States, the Governor of Texas, and the Superintendent of Frie ndswood Schools transmitting copies of resolutions adopted by the Student.: Government officials at City Hall on March 2.
Letter from the Church of Latter Day Saints thanking the Mayor for participating in ground-b reak ing ceremonies for their new church building.
Letter of resignation from Bruce Goss of the Library Board. 1/7-91
MOTION: (Wood) To accept regretfully Mr. Goss' resignation.d/rft. Seco nd: Schrader JR Vote: Unanimous FOR MOTION CARRIED d/
HEARING ON PUBLIC UTITLITY REGULATORY POLICIES ACT OF Electric·a1 Policie•sc-Nos. 7 thru 11.
asked if there was anyone who wished to speak-to the There being none, the hearing was closed.
FROM THE PUBLIC -Mr. John Houghton, President of :fox Mead ows Civic Association, requested that several conditions :):ie considered in connection with straightening of the 11 Kocurek
'I�-· . �: I
p,urve II on FM S 2 8 :
, . .,., .�f Left turn into Fox Meadows for westbound traffic. Rerouting of surface water drainage system from Fox Meadows. Placement of a rail barrier on curved portion of road. Wing walls on cul vert at entrance to subdiv ision. Pl�nting of shrubs as noise barrier adjacent to subdivision.
in dicated that the request will be referred to the Department for consideration if these liems will not the job of straightening the curve.
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REPORTS AND ANNOUNCEMENTS FROM THE COUNCIL
la. Counc ilman Wood reported on a meeting with the Department oh-site regarding straightening the 8
b.Wood requested that the Mayor appoint Russell WilliamsCo-Director of Civil Defense to assist Kenneth Camp. The Mayor did so appoint Willia.ms.
c.
d.
e.
He invited Council Members, City Manager, City Secretary,; and spouses to be his guest at the Prayer Breakf ast next) Satufday at the First Baptist Church.
Counseling Service will hold open house April 12 from 3:4
to 5:00 p.m. :f" '
Req uest City Manager to submit article about Student Gov ment day to Town & Cities Magazine.
2a. Councilman Schrader gave a report on the latest meeting
---w-1th the Governor's Flood Control Group of which he is aj
b.
member. He indicated that the next meeting will be held4
in Friendswood. zj -IS He has introduced the "Keep America Beautiful" informatio� to the: ·Community Appearance Board, and informed Mr. Morga_; that they probably will be asking for improved condit�on� for solid waste disposal through the main part of town. :] -iECouncilman Brown reported that the Future Growth Committee'. ---i-s--m-oving �o�ward �ith s�bcommittees being appointed to ·t study specific areas of interest. �
3a.
4a.
b.
c.
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Councilman Zeitler attended the monthly meeting of the .i Police Department where the speaker was City Prosecutor) Luis Suarez.
The Sewer Rate Committee will hold a meeting Ge at 4:00 p.m.
Tonight's meeting to discuss the City/Fire Department contract was canceled because the Chief and one other me from the Fire Department were out of town. Harris County1J fire funds and other items involved continue to be suudi� i�by the City Attorney. '·�: ·% PROPOSED APPROPRIATIONS FOR CLEAR CREEK STUDY _ In response to\! a letter from Representative Jack Brooks, the Mayor will submiti a request to the Senate and House Appropriations Cammi ttees toJ include the proposed $300,000 for advance engineering and d�sii on Clear Creek Project in the FY 1982 Budget. 1
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·�?,ACCEPTANCE OF PARK LAND OFFER ---
MOTION: (Schrader) To accept the offer from developers onRegency Estates of S acres of land and a hangar for� recreational purposes for the City. Second: Wood Vote: Unanimous FOR u MOTION CARRIED
PUBLIC HEARING ON REZONING
MOTION: (Zeitler) To call a public hearing jointly
OG the Planning & Zonning Commission to consider a request to rezone property on FM 518 for the Lutheran Chu rch._; Second: Maaz Vote: Unanimous FOR MOTION CARRIED
ORDINANCES
#81/1 -Revision� to Animal Control Ordinance -Final cac
MOTION: (Schrader) To adopt Ord. #81/1 on third reading.lSecond: Maaz Vote: FOR (4) AGAINST Wood, Whittenburg, Maaz, Schrader (2) Brown, Zeitler MOTION CARRIED 1
AD ad
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119
OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
March 2, 1981 ! ;:;•:-, �yr··.
�egular Meeting of the Friendswood City Council was held at
te·--City Hall on Monday, March 2, 1981, at 7: 30 p.m. with the
Ulowing members present: �. �
Mayor Dal e Whittenburg Councilmen: Loren Wood Mary Brown Paul Schrader Edward Zeitler Paul Maaz
City Attorney John Olson City Manager Jim Morgan City Secretary Bobbie Henry
;_ti::ti:'. a quorum present, and with none absent, the following busiess · was transacted:
NVOCATION was given by Rev. Judd Edward of Heritage Park Baptist
:hurch �,.:, {t·· .
NOUNCEMENTS FROM THE MAYOR
�{;Grou nd breaking for the new Mormon Church will be on Saturday
�'. 'of this week. Council is invited to attend. t�:. David Ellison, reported from the Houston Post, is present
[: and will be rep or ting for Friendswood in the future.
·,.:;: $' Stu6ent Government Day was a success and it was a pleas�re �: to work with the high school students.
�-bUNCIL REPORTS -Councilman Wood made the following reports and ·�oposed action:
New YNOC officers are: Joyce Supina, Chairman, and Gratia .Lousma, Vice Chai:rman. The job placement project will be
.;_c, in effect this summer.
�,·councilman Wood would like to work with the City Manager on i' participating in the group purchasing plan with H-GAC. 1t't;t Term has expired for the Jr. youth member on the Counseling��- S .. B d ��'.;:-: erv:i.ce oar . �tf:,. �>·· MOTTON: (Wood) To appoint Jeanne-Marie Healy to Counseling Board as Jr. Youth Member. the c· (3 £ .. �
Second: Schrader Vote: Unanimous FOR MOTION CARRIED
OF PROPERTY AT 206 SHADOWBEND FOR DUPLEX
�/
-�:'::. t' '{s: MOTTON: (Zeitler) To accept the recommendation of Planning.. Commission and direct that an ordinance be drawn up and c{)h/. posted to rezone the subj�t property from R-2 to R-4. '-YP; Second: Brown 6,
Vote: Unanimous FOR MO TION CARRIED
ITEMS FOR COUNCIL ACTION
Additional help for Building Department -Due to increa�ed .work, Mr. Morgan recommended that Ginger Bailey, who has been working half time for the Building Department and half
1• time as receptionist at the publ:ic works buciJJ:.ding �. be re-' leased from receptionist duties to work full time in the Building Department, and a half-time receptionist hired with aid of the High School.
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MOTTON: (Wood) �o accel?t. the City Manager's re<?omme1:d<;1tion .,.,7 · and authori�e �dditional funds for half-time minimum QI IA\
1/ wage receptionist. /(i Second : Zeitler Vote: Unanimous FOR MOTION CARRIED
Mr. Morgan pointed out that no increase in salary nor additio nal automobile would be involved.
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; OFFER Of LAND AND FACILITY IN REGENCY ESTATES FOR RECREATIONAL· PURPOSES -The question of acceptance of the offer was discuss�
with strong recommendation from the Parks Department and YNOC. Council indicated their intention to accept the land and hang�; however they asked that the City Manager and lthe Attorney gather information regarding insuran_ce coverage, grants for improvemen and conditions under which the Jaycees could be authorized to� he fac ilities for the City, and report back on March 16. The -Jaycecr ;� were asked to .i.nvestiga ·te problems other-areas may have·. experienced with similar facilities in an effort to avoid makinr
these same mistakes.
DAM ON PROPERTY ON COWARD"S CREE]:<) -Citizens who fe el that the:'. dam on Sam Vester '·s property will increase the danger of flood;· wanted to know if this structure is not in violation of the Citj flood control ordinance. Mr. Morgan has written a letter to Mr. Vester requiring engineering data that would support a re� for a development permit for the dam which has already been buiiNo decision will be made by Council pending receipt of an to this inquiry.
The Mayor asked that Councilman Schrader work with Bell to discuss dredging and opeing up of Coward's area to improve the flood conditions generally.
FIRE MARSHAL -USE OF PRIVATE CAR -Mr. Morgan recommends that. the Fire Marshal and two assistants be reimbursed for use of their per�onal cars for City Use at a rate of 20¢ per mile, oo� presentation of a "trip ticket 11; however, only one car would be .' authorized for reimbu rsement at a given time except under specii circumstances. (The "trip ticket II is being initiated for al l ci personnel who receive reimbursement for use of personal cars)
MOTION: (Schrader) To approve the City Manager's recommen tion regarding reimbu rsement for personal car use. Second: Wood Vote: Unanimous FOR MOTION CARRIE D
CLAIM FOR MOWING DAMAGES BY CLEAVES FAMILY -Mr. Morgan reco�: mended not paying the $500 damages requested by the Cleaves f�· destruction of trees since the mowing was done in strict accor� ance with the City Code. He said he would not oppose forgiving the $272 charge for the Cleaves account for mowing the property. Since su it has been threatened, the City Attorney asked that a motion made by Councilman Zeitler and seconded by Councilman Brown be tabled pending discussion with him in a closed The motion was tabled.
WARRANTS FOR APPROVAL -By unanimous vote, the following were approved for payment:
General Fund #5701 -Davis Truck & Equipmerit Co. 5702 -Friendswood School District
5703 -Ike Hall, Inc. 5704 -Wartex Oil Co. W&S Fund #3018 -Gulf Coast Waste Disposal
ORDINACES
#81/1 Revisions to Dog Ordinance (Third Reading)
$ 4,242.71 3 2 , 6 8 7 .S! 46,150.81 6,839 .. 0l 1 7 , 0 38. 51
Due to the fact that a change has been made in the ordinance since the second reading and the revised versi� has not been posted for a week, the Attorney recommended that third reading be postponed until March 16. Council agreed
#81/2 Rezoning for Mormon Church (Third reading)
'11/81 MOTION: (Zeitler) To approve on thircireading and -finally adopt Oroinance #81/2.Second: Brown
Vote: Unanimous FOR MOTION CARRIED
l'�@!Iii;117 !Ji j
OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL
February 23, 1981
u tspecial Meeting and Workshop of the City Council was held at be City Hall on Monday, February 23, 1981, at 7:30 p.m. with he following members present:
Mayor Pro-tern Paul Haaz Councilmen: Ed ZeitlerLoren WoodMary Brown Paul Schrader
City Manager Jim Morgan City Secretary Bobbie Henry
. a quorum present, and with Mayor Whittenburg absent, the following business was transacted:
RESENTATION BY JAYCEES -PARKS DEVELOPMENT PROJECT
Charles Robe rtson and Francis Comeaux presented a proposal �hereby the Jaycees would develop and· operate recreational 1acilities on the property (including hanger) which has been offered to the City out of Regency Estates. Council requested �hat the Jaycees· attend the March 2 meeting to discuss the ·matter f u ther.
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·{:� .. P. SUPINA, President of the Cowart Creek Civic Associa�ion, stated that Article II of the City Code, dealing with ;lood Damage Prevention, is not being enf creed, and on behal:fi. t-the Civic Association, he requested that this code be enforced.�-. . -· ':6uncil -asked the City Manager to investigate---fhe situation and ;�port back on March 2 when the matter wiltt"e·-....on the ag� � 'AUL SE LMAN OF THE HIGHWAY DEPARTMENT p:i:'esented a preliminary "3 (; -�-/ lraw1ng of .. rerouting for the curve. on FM 5 2 8, and stated that final plans should be available in six weeks. He could give notime schedule for actual work on straightening this curve, but he fe els that it will be given a high priority as soon as the right-of-way is made available. He said that a four-lan€f road �ith � turn median is in the 20-year plans of the Highway Dept.
LOS'E'D EXECUTIVE SESSION (Sec. 2(g) Art. 6252-17 VTCS) r�··
FOR.MAL CREATTON AND APPOINTMENT OF COMMITTEE TO STUDY FUTURE'GROWTH OT 'FRIENDSWOOD
MOTION: (Schrader) To establish a committee to ( 1,) identify �/4 the goals and fu ture character of the City; (2) outline /j) the alternative land use pl ans: (3) assess their impact 61/on the character, growth, zoning·, fiscal and related policies, and to appoint to the committee the following:
Councilman Mary Brown, Chairman 3 7-Leon Brown Charles HooksMarvin Clark Bill Finger Skip Horn Gene Taylor Al O'Farrell David Merrill Lynn Chatham Lloyd Rathburn Dr. Bill Jones Ted Thomas (temporary from school) Sec ond: Zeitler Vote: Unanimous FOR MOTION CARRIED
OST EFFECTIVE PROGRAM -Mr. Morgan presented two suggestionse has received for cutting operating costs. He was directed �o proceed with whatever suggestions he felt were practical which,id not require Council action to implement, and to bring a ·,recommendation on those which would call for Council action.
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Mayor Dale Whitten burg
City Hall
Fri��dswood, Texas
Dear Mayor Whittenburg:
February 25, 1981
We are pleased to add our enthusiastic support for the acqu1s1t1on of two parcels of land and building offered to the city by Regency Estates.
The opportunity to acquire well located recreational land will be reduced as our community
grows while the need for such facilities will increase.
Thank you for the opportunity to comment on the proposal. We offer the following for your consideration:
The proposed facil�tj could serve several YNOC programs. Classes, rap sessions,
movies, and a job center served more than 250 Friendswood teenagers last summer alone.
We would ask you to consider full time professional management as a wise investment
to insure full and eguitable use of the facility while protecting a valuable city asset.
Proper management and supervision will also reduce the possibility of alcohol and
drugs on the premises and support a consistant policy essential to the success
of such a project.
The combined effort of many individuals and organizations working together:c·.'.,uld
build the success of this facility. We offer the support of the Youth Needs and
Opportunities Committee in any way you feel may best serve the cormiunity and the youth of Friendswood.
Sincerely,
(Jee Sup i na �
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1/i'c:e'ouncilman Mary own
1 Mayor pro tern Paul Haaz
Councilman Ed Zeitler
Councilman Loren Wood
Councilman Paul Schrader
City Manager James C. Morgan
City Secretary Bobbie Henry
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Powers Engin:eering_
435 Cypress
CONROE, TEXAS 77301
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Mr. Jim Morgan City. Manager.· ·
City of Frie�ds�ood
CONSULTING / CIVIL ENGINEERING-. . .. � ....
January JO, 1981
.109 Willowick ,. ·.
Friendswood, Texas· 77:/+6.. -
. Dear Mr. Morgan ,
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We respectfully request that you present before the City-Council our request to dedicate to the City of Friendswood the two recreational reserves in Regency Estates Subiivision. As shown on our recorded·
plat, Recreation Reserve "A" contains 3.8 acres and Recreation Reserve "B" contains 1.2 acres. In addition, if the City will accept these two reserves for pa.rl<s , we will leave the existing hangar �ilding on Reserve "A" for utilization as a recreation facility as the City sees fit.
If the City Council accepts these two recreation reserves please advise us at once and we will have the necessary deeds drawn �P-
Thank you for your pa.st cooperation on this project.
Yours very truly,
���
Ken Powers, P. E.
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REGULAR MEETING FRIENDSWOOD CITY COUNCIL OCTOBER 4, 1993
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD 'CITY COUNCIL THAT WAS HELD ON OCTOBER 4, 1993 AT .6........3...Q PM AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD, TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM:
MAYOR PRO-TEM COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY ATTORNEY CITY MANAGER CITY SECRETARY
KITTEN HAJECATE MEL MEASELES TOM MANISON ED STUART HAROLD RALEY JANIS LOWE TODD STEWART RON COX DELORIS MCKENZIE
ABSENT FROM THE MEETING WAS MAYOR EVELYN B. NEWMAN.
MAYOR PRO-TEM HAJECATE PROCLAIMED THE WEEK OF OCTOBER 4-10, 1993 AS "FIRE PROTECTION WEEK" AND PRESENTED THE PROCLAMATION TO FIRE MARSHAL DAVID COLLINS.
FIRE MARSHAL DAVID COLLINS AND MAYOR PRO-TEM HAJECATE PRESENTED CERTIFICATES OF ACHIEVEMENT TO ELEMENTARY STUDENTS FOR FIRST, SECOND AND THIRD PLACE AND HONORABLE MENTION FOR THE FIRE PREVENTION POSTER CONTEST.
MAYOR PRO-TEM HAJECATE CALLED THE MEETING TO ORDER.
INVOCATION WAS GIVEN BY PASTOR RALPH HOBRATSCHK, HOPE LUTHERAN CHURCH.
MAYOR PRO-TEM HAJECATE LED THE PLEDGE OF ALLEGIANCE.
MAYOR PRO-TEM HAJECATE AND PLANNING AND ZONING CHAIRMAN BENNY BAKER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC COMMENTS, EITHER ORAL OR WRITTEN, REGARDING THE FOLLOWING:
A)REQUEST TO REZONE NO. 1 WINDSONG OF 'LAND BEING RESERVE "B" OF (UNRECORDED) FROM SPECIFIC USE RESIDENCE TO OFFICE PARK.
AT FM 528, 2.1556 ACRES WINDSONG SUBDIVISION CHURCH/SINGLE FAMILY
MR. MIKE LEBLANC, REPRESENTING THE PROPERTY, STATED THE PROPOSED USE OF THE BUILDING AND PROPERTY IS FOR A REAL ESTATE OFFICE.
357
358
MR. JAMES LEAVESLEY, REPRESENTING WINDSONG HOMEOWNERS'S ASSOCIATION, SPOKE IN OPPOSITION TO THE PROPOSED REZONING DUE TO SOCCER TRAFFIC CONGEST10N, CREATING SINGLE ENTRANCE ON WINDING WAY WITH ONE WAY IN AND ONE WAY OUT.
MR. DAVID GRUDZINSKI, SPOKE IN OPPOSITION TO THE REZONING, EXPRESSING HIS CONCERN FOR TRAFFIC CONGESTION, PROPERTY VALUES AND COUNTRY ATMOSPHERE.
MS. MCCOY, SPOKE IN OPPOSITION TO THE REZONING, EXPRESSING HER CONCERNS WITH THE NARROW STREET, TRAFFIC CONGESTION AND LACK OF STREET SIGNS.
MS. MARY BETH ARDEN, SPOKE IN OPPOSITION TO THE REZONING, EXPRESSING HER CONCERNS WITH THE TRAFFIC.
B)REQUEST FOR SPECIFIC USE PERMIT FOR HOPE LUTHERAN CHURCHAT 1804 SOUTH FRIENDSWOOD DRIVE FROM SINGhE FAMILY RESIDENCE TO SPECIFIC USE/CHURCH.
PASTOR RALPH HOBRATSCHK, HOPE LUTHERAN CHURCH, APPEARED IN SUPPORT OF THE REZONING REQUEST, STATING THE PLANS ARE TO BUILD A 9100 SQUARE FOOT SANCTUARY.
COUNCILMEMBER STUART ADVISED PASTOR HOBRATSCHK THE PROJECT SHOULD BE PRESENTED TO THE C.C.D.D. FOR REVIEW FOR DETENTION.
PASTOR HOBRATSCHK ADVISED DRAWING HAVE BEEN PROVIDED AND CHECKED BY C.C.D.D. AND ALSO BY THE FIRE MARSHAL AND ALL OTHER DEPARTMENTS RESPONSIBLE FOR THE PERMITTING PROCESS.
HEARING NO FURTHER INPUT, THE PUBLIC HEARING WAS CLOSED BY MAYOR PRO-TEM HAJECATE AND PLANNING AND ZONING COMMISSION CHAIRMAN BENNY BAKER.
MAYOR PRO-TEM HAJECATE WISHED A EARLY HAPPY BIRTHDAY TO "FRIENDLY FRANK "THE CLOWN" WEBB."
MAYOR PR0-TEM HAJECATE PROCLAIMED "AMERICAN HEART ASSOCIATION "RUN, HEART, RUN" DAY AND COUNCILMEMBER TOM MANISON PRESENTED THE THE PROCLAMATION TO AMERICAN HEART ASSOCIATION REPRESENTATIVE PEGGY WALTERS.
MAYOR PRO-TEM HAjECATE PRESENTED A "CERTIFICATE OF MERIT" TO KAY EASTEP FROM BEST WASTE FOR THEIR SUPPORT OF THE MUSCULAR DYSTROPHY TELETHON AND OTHER COMMUNITY EFFORTS.
F.V.F.D._ PRESIDENT MARK GARVIN ANNOUNCED THE ANNUAL OPEN HOUSEHELD BY THE F.V.F.D. ON SUNDAY, OCTOBER 100, 1993 AND INVITEDEVERYONE TO ATTEND.
MR. RANDY LYNN, PRESIDENT OF THE FRIENDSWOOD LITTLE LEAGUE FOOTBALL ASSOCIATION, EXPRESSED A DESPERATE NEED FOR FOOTBALL FIELDS AND URGED COUNCIL TO MOVE FORWARD TO ACQUIRE ACREAGE FOR
I I
360
COUNCILMEMBER RALEY STATED HE HAS RECEIVED HIS FLOOD INSURANCE
STATEMENT WHICH IS LOWER THAN LAST YEAR AND COMPLIMENTED THE
STAFF EFFORTS ON THIS PROJECT
COUNCILMEMBER STUART REPORTED ON THE SGR CONTRACT FOR THE FORCE
MAIN FROM CRAZY HORSE LIFT STATION THROUGH POLLY RANCH , REPORTED
THEY HAVE REACHED THE CREEK AND THERE HAS BEEN VERY FEW
COMPLAINTS FROM THE HOMEOWNERS.
COUNCILMEMBER LOWE ASKED CITY MANAGER ABOUT THE CABLE TV
FRANCHISE NEGOTIATIONS WITH CITY MANAGER ADVISING NOTHING HAS
BEEN AGREED UPON TECHNICALLY , THAT TCI IS TO PROVIDE WRITTEN
COMMENTS REGARDING MATTERS TO BE RESOLVED BY THE COALITION, ASKED
ABOUT THE GRANT FOR BICYCLES AND ASKED IF THE EASEMENT PROBLEMS
HAVE BEEN RESOLVED REGARDING JOINING STEVENSON AND ARENA PARK
WITH CITY MANAGER ADVISING THE CITY DOES HAVE THE WINDING WAY
RIGHT OF WAY, ASKED ABOUT THE COMPLETION DATE FOR THE INTERCEPTOR
PROJECT WITH CITY MANAGER ADVISING LATE NOVEMBER AND COMMENTED ON
THE WITH THE FEMA RATING AND FLOOD PROJECTS AND ASKED - IF THIS
WILL RESOLVE THE CLOVER APES PROBLEM WITH CITY MANAGER ADVISING
THIS WILL PROVIDE SOME RELIEF WITH THE C. C. D .D . IMPLEMENTATION
OF A DETENTION PROJECT OFF MOORE ROAD .
RESOLUTIONS
**COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF RESOLUTION R93-37 ,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD ,
TEXAS, GALVESTON/HARRIS COUNTIES AUTHORIZING APPLICATION FOR
FUNDING OF A PROJECT THROUGH TEXAS DEPARTMENT OF TRANSPORTATION
STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM.
SECONDED BY COUNCILMEMBER MANISON. MOTION APPROVED UNANIMOUSLY .
**COUNCILMEMBER MANISON MOVED FOR APPROVAL OF RESOLUTION R93-38,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD ,
TEXAS, GALVESTON/HARRIS COUNTIES AUTHORIZING APPLICATION FOR
FUNDING OF A PROJECT THROUGH TEXAS DEPARTMENT OF TRANSPORTATION
STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM.
SECONDED BY COUNCILMEMBER LOWE . MOTION APPROVED UNANIMOUSLY.
**COUNCILMEMBER RALEY MOVED FOR APPROVAL OF RESOLUTION R93-39 , A
RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS, GALVESTON/HARRIS
COUNTIES , SUBMITTING NOMINATION TO THE BOARD OF DIRECTORS OF THE
GALVESTON CENTRAL APPRAISAL DISTRICT FOR 1993/1994 .
SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY.
**COUNCILMEMBER STUART MOVED FOR APPROVAL OF RESOLUTION R93-40 ,
A RESOLUTION OF THE CITY OF FRIENDSWOOD , TEXAS, GALVESTON/HARRIS
COUNTIES, PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER
RATES AND. RELATED EQUIPMENT , INSTALLATION AND SERVICE CHARGES OF
ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF FRIENDSWOOD .
SECONDED BY COUNCILMEMBER LOWE. MOTION APPROVED UNANIMOUSLY.
ORDINANCES
**COUNCILMEMBER _LOWE MOVED FOR APPROVAL OF ORDINANCE 93-12, SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR A 1.636 ACRE TRACT OF LAND LOCATED IN THE PERRY & AUSTIN LEAGUE, LOT 4, NORTH FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, GALVESTON COUNTY, TEXAS, FROM COMMUNITY SHOPPING CENTER (CSC) TO SPECIFIC USE (FUNERAL HOME) AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING
, 1 OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY, SUBJECT TO APPROVAL OF SITE PLAN. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY.
**COUNCILMEMBER STUART MOVED FOR APPROVA� OF iHE CONSENT AGENDAAS PRESENTED WITH THE EXCEPTION OF ITEM D) AUTHORIZE EXECUTION OF CONTRACT WITH F.INE ARTS COMMISSION A) PAYMENT M CAPITAL PROJECTS 1)1992 COUNTY STREET IMPROVEMENT PROGRAM B)SFI PROJECT CONTRACT NO. 2, GRAVITY SANITARY SEWER C) DISPOSITION .Q.E. 1U..I2.S. 1)
BID 93-14 -CONSTRUCTION OF 8-INCH WATERLINE ON LUNDY LANE TO D. WAGN$R CONSTRUCTION CO., INC. IN THE AMOUNT OF $91,669.64 2) BID 93-15 -SALE OF SURPLUS CITY EQUIPMENT 3) BID 93-18 -SALE OFLOT 28, QUAKERS LANDING SUBDIVISION TO MR. & MRS. KENNY GRISHAMIN THE AMOUNT OF $12,900 4) BID 93-19 -SALE OF RECREATIONRESERVE "B", REGENCY ESTATES SUBDIVISION TO MR. RICHARD W. STAPPIN THE AMOUNT OF $3,005 E) AUTHORIZING AMOCO PIPELINE TO REWORKPIPELINE IN QUAKERS LANDING AND F) MINUTES.SECONDED BY COUNCILMEMBER RALEY. MOTION APPROVED UNANIMOUSLY.
**COUNCILMEMBER STUART MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH FINE ARTS COMMISSION SUBJECT TO INCLUDING CERTIFICATE OF INSURANCE AND FURNISHING FEDERAL TAX RETURNS. SECONDED BY COUNCILMEMBER LOWE. MOTION APPROVED 5-1 .
COUNCILMEMBER MANISON OPPOSED.
MOTION MADE AND APPROVED FOR ADJOURNMENT AT 8:45 PM.
�d-�MAY0RVELYN B. NEWMAN
361
� DS W��O
City of Friendswood
TEXAs� "
November 25, 1996
Mr. Richard Stapp
531 N. Heather Lane
Friendswood, Texas 77546
Re: 1200 Sunset Drive, Friendswood, Texas, more
particularly described as 1.1544 acres of land and being
Recreational Reserve B, Block 2 of Regency Estates
Subdivision No. 1, Galveston County, Texas.
Dear Mr. Stapp:
We have conferred with counsel and reviewed legal documents and
background information relating to the sale of the property
described above (the "Property") .
The sale of such Property to you by the City was proper, having
been performed in compliance with the controlling statutory
requirements.
The Property is currently zoned SFR (Single-Family Residential
District. ) Upon compliance with the City's ordinances, a
building permit for a structure allowed within the SFR District
can be issued.
This letter does not affect any private covenants or restrictions
which may or may not exist.
Sincerely,
2�27 Z �9�
gg6
Ronald E. Cox
City Manager
a
CV
cc Mayor Newman '� l� A 6�
City Attorney llbl `6Qi�
Ruth Henry
Linda Taylor
910 South Friendswood Drive • Friendswood, Texas 77546-4856 (713) 996-3200 • Fax (713) 482-3722
11 /20/96 cc: JRB City of Friendswood
November 19, 1996
Mr. Richard Stapp
531 N. Heather Lane
Friendswood, Texas 77546
---
/.' '·'c• � /.' \� -� ---' <, ,v ...... /:, . .),, c:t� ...
'<. ' ,., ;$ NOVl996
Re: 1200 Sunset Drive, Friendswood, Texas, more
particularly described as 1.1544 acres of land and being
Recreational Reserve B, Block 2 of Regency Estates
Subdivision No. 1, Galveston County, Texas.
Dear Mr. Stapp:
We have conferred with counsel and reviewed legal
background information relating to the sale of
described above (the "Property").
documents and
the property
The sale of such Property to you by the City was proper, having
been performed in compliance with the controlling statutory
requirements.
The Property is currently zoned SFR {Single-Family Residential
District.) Upon compliance with the City's ordinances, a
building permit for a structure allowed within the SFR District
can be issued.
Please be advised that the Property may be affected by private
covenants or restrictions, which the City does not have the
authority to regulate.
Sincerely,
�/��
Ronald E. Cox
City Manager
REC/tsm
cc Mayor and Councilmembers
City Attorney
Linda Taylor
Terry Byrd
Claudia
910 South Friendswood Drive •Friendswood, Texas 77546-4856 •(713) 996-3200 •Fax (713} 482-3722
•. COi:U-iOm·JEAL 'l'H Ll,ND TITLE IN SUR�.NCE COi-lPl;NY
SCHEDULE A
qF Ne. Or File No.: 875-93-1457 Com�itment No.: Effective Date Of Comsitment: 30 SEPTEI-1BER 1993 08:00 O'clock A.I:-i. Issued ***********08:00 0 1 cloc� A.H. Rule 2o.(s) R-3
1.The polic}:' or policies to be issued are:
(ll.) Ferr.: T-1: Om.er Policy of Title Insurance (Not Applicable For Irnpr oved One-To-Four Family Residential Real Estate)
Proposed Insured : TO FOLLOH
(B)Ferra T-1?..: Te;.as Residential O\mer Policy ofTitle Insur �mce -One-To-Four Family ResidencesProposed Insured:
(C} For;;i T-2: Hortgagee Policy of Title Insurance
Proposed In sured : Proposed Borrower:
(D)For:.i T-13: I-1or tgagee Title Policy Binder OnInterim Construction Loan
Proposed Insured : Proposed Borrower:
(E)O�her :
Prol:)osed Insured
Amount: $3,005.:;G
Amount:
Amount:
Amoun t:
Araoun t:
2.The inter2st in the land covered bl· this Comr.1itraent is: FE:C SI.r-i?L.2
.., . Record Title to the iand on the Effective Date appears to be vested in:CI TY OF FRIENDSWOOD
4.Legal description of the land:
ALL THOSE TWO (2) CERTAIN TR.il.CTS OR PARCELS OF LAND CONTAitHNG 3.J ACRES .!\l';D 1. 2 ACRES AND BEING RESPECTIVELY DESCRIBED AS RECREl::.TIOF RESERVE "11.n AND RECREATION RESERVE "B" ON T"dE PLAT OF REGENCY ESTAT2:.::i SlJBDIVI SIOI-J, A Su13DIVI SION OUT OF SP...R.hH HCKI SSICK LEAGL'E IN GALVES7-Ci:; COUN'l'Y, TEX • .:l.S, ACCORDING TO THE i•iAP OR PLAT THEREOF RECORDE.u IN VCL Uh:: 15, PAG.: 146 ET SEQ., OF THE HAP RECORDS OF GJILVESTON COUNTY, IT��AS.
STA.TE BOI>.RD OF INSUF..?�NCE (01-01-93) SCHEDIJLE -� CONTI!-:U:5:S ON �-JZ ;{ T P ;�/:: L
SCHEDULE B E::�CEPTI ON S FROl-1 COVERAGE
In addition to the Exclusions and Cond itions and Stipulations, your Policy will not cover loss, costs, attorneys' fees, and e�penses resulting :.:.:rom:
1.The following restrictive covenants of recor d iter,iized below (!-�£: must either insert specific recording data or delete this exception); VOLm:r::
15, P.�G.E 146 OF THE i•1�.P RECORDS; IN VOLffi.1E 3352, PAGE 830, BOTH IN TIIC
OFFICE OF THE COUNTY CL:CRI( OF G.ALVESTON COUNT"i, TEXAS, THOSE RECORDED mm:SR GALVESTON com�TY CLERK'S FILE NOS. 8100472; 8637631 P-�D 8637632.
w. Any discrepancies, conflicts, oror any encroachments, or pr otr us ions shortages in area or any over lapping or boundary linGs, of impr ov2men ts.
3.Hcmestec.d or community property or survivorship rights, if any, of anyspouse of any insured. (Applies to the Otmcr Policy only.)
4.M'.i titles or rights asserted by anyone, incl uding,pc=:rsons, the public, corporations, governments or other but not lird teC:
J... • '- • en .... 1 .... :i.es, tc,
a.To tidel ands, or lands comprising the shores or beds of nav igaol2 orperennial rivers a.1d strearr:s, lakes, bays, gulfs or oc eans, or
b.To landsestablished or beyond the line of the ha.r bor changed by any government, or
c.To filled-in lands, or a.r tificial islands, or
or bull(head lines -�S
d.To statutory water rights, including riparian rights, or
e.To the area extending from the linevegetatior., or the rights of access toacr css tba t area.
of mean lm•,; tide to the line of that area or easeoen t alons and
(ll.pplies to the Owner Policy only.)
5.Standby fees, taxes and assess rr.en ts b:-i any ta�ins au tbor i t�i fer tbeyea.r 1993 and subsequent years, and subsesuent taxes and .:1s s-::ssments by anytaxing author i t,i' for prior :z1 ears due tc change in land usase or ownershi�J.
I: 5.:'he terms and conditions 0£ the docu;nents creG1ting :ioi;r interest in t'.1-::land.
7.r-late:r ials furnished or labor performed in connection with planncclconstruction before signing and delivering the lien document desc ribed inSchedule fl., i:E the land is part of the ho mestead of the owner. ( Applies t8-the Hcrtgagee Title PoliC:z' Binder on Interim Constructior. Lo2n only, a.r:c;may be deleted if satisfactory evidence is furr.ishec to us before a binc12ris issued.)
8.Liens ai,dsubordinate toPolic}:· only.)
leases thatthe li en of affect the the insured
STATE BOARD OF IN SUR.�.NCE ( Gl-01-9 3)
title to ri1or tgage. the la:1c, (Applies but that ar2 to Mortgag�2
SCHEDULE B CO�TINUES ON !TSZT P�"".G::
SCHI:DULI: B GF 87 59 31457
9 •
(A)• A PIPELINE EASEi>iENT OF UNDETERMINED FEET IN WIDTH ALO�TG THESOUTHERLY PR OPER TY LINE OF THE SU BJECT PROPER TY, AS SHOW�l PER T'dE RECORDED ?LAT THEREOF. ( AS TO RE SERVE 11 B 11)
(13). At� EASEf.1ENT SIXTEEN (16) FEET IN WIDTH ALONG THE t-JORTEEI!.ST P!tOPER'l'Y LINE OF THE SUBJECT PR OPZRTY FOR PUBLIC UTILITIES, AS SH01fN PER THE ?.ECORDED PL AT THEREOF. ( AS TO RE SERVE II A 11)
(C). AN UNOBS'IRUCTED AERIP.L EASEi�IBNT ADJOINING T HE tBOVE .. L'IENTIO:NED UTILITY El--1.SEI--lENT, BEING TEN FEET IN HIDTH, FROH A PL.;\..NE T.'JEKTY FEET ABO\TE TEiE GROUND UFWA.i.'{D, AS DEDICATED PER THE RECORDED PLAT THEREOF. (il.S TO RE SERVE "A II )
(D). A 'IR.ANSMISSION LINE EASErlENT GR.ANTED TO TEXAS -NEW f•lEXICO PmTER co;:,iPANY BY INSTRUI-:iENT RECORDED UNDER CT,ERI�'S FILE NO. 8709434 OF TH::.: COUNTY CT,ERK' S RECORDS 01:" GALVESTON COUNTY, TEXAS, CROSSING SL"BJ3CT PROPERTY AS SE'I' FORTH THEREIN. (AS TO RESERVE "A")
(E). AN EASEhENT EIGIIT (8) FEET IN WIDTH ALONG THE SOUTHWEST Z:.�D SOUTHEAST PROPERTY LINES FOR USE OF PUBLIC UTILITIES, P..ND A.� tJNOB STRUC':i-1::V AI:RiilL EASEN.EN T ADJOINH�G THERETO TEN ( 10 ') FEET WIDE FROM A PLANE TViEN 7'1 (20 ') FEET ABOVE T'dE GROUND UP{·JAAD, AS SHOWN BY THE RECORDED PLAT OF SAID Su13DIVISION. (AS TO RESERVE "A")
(F). RESERVATION OF l/32ND NON-PP...RTICIPATING ROYALTY INTEREST, TEE ROYALTIES, BONUSES, RENTJ.LS AND ALL OTHER RIGHTS IN CONNECTION WITH -SAIL) ROYAL TY RIGHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FROr;l HOUSTON BANl, AND TRUST COi\i.PANY, TI<.USTEE, ET�L, TO HENRY N. SHAFFER, TRUSTEE, DATED DECEHBER 11, 1964 OF RECORDED IN VOLIW.E 1671, PAGE 315, IN SAID COUI'JT".: CLERK'S RECORDS, AFFECTING Pi-.RT OF THE l->-.BOVE DESCRIBED PROPERTY.
(G). CONVEYANCE OF AN UNDIVIDED 1/2 INTEREST IN THE ROYALTIES, Ul:JDER AN UNDIVIDED 3/lGTHS INTEREST, TiiE ROYALTY RIGHTS, BONUSES AND RENTJ:..L S .P-.S DESCRIBED IN DEED FRrn-'i D.S. CAGE COI--1P.Ai.";Y TO GLEN D. PEELER, DP.TED OCTOBE� 27, 19 44, OF RECORD IN VOL UI-1E 687, PAGE 317 IN SAID COUNTY CT,ERK' S RECORDS AFFECTIHG PART OF THE ABOVE DESCRIBED P?-OP.ERTY.
(H). RESERVATION OF l/20TH OF l/16TH ROYALTY INTEREST, 'YrlE ROYALTIES, BONUSES, RENTALS AND AI,.L OTHER RIGHTS IN CONNECTION WITE SAID ROYAL'2'I RIGHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FROLvl BRUCE HADDO)� TO RC:: CLAWSON, DATED AUG UST 3, 1962, OF RECORD IN VOLUI-lE 1515, PAGE 120 OF s;\ID COUNTY CLERK'S R:CCORDS, J.l..FFECTir�G PP.RT OF THE ABOVE DESGUBED PROPERTY.
(I). RESERVil.TION OF 3/10TH OF l/16TH ROYALTY INTEREST, THI: ROYJl..:STIES, Brn�USES, RENTP.LS AND ALL OTHER RIGHTS IN CONNECTION WITH SAID ROYAL?.! RIGHT S, BONUSES Ai.'\JD RENTALS AS DESCRIBED IN DEED FR OL-·1 LYDI,�. CAGE TO RI.::� CLAI•l SON, DATED AUGUST 3, 19 6 2, OF RECORD IN VOL UI:-1E 1511, PAGE 2 55 OF SAI:'.:) COU�TY CLERK'S RECORD, EFFECTING Pl>.RT OF THE ABOVE DESCRIBED .PROPERTY.
('J). l·1AIN�NP..NCE CHA.�GE AS SET OUT IN VOLUME 3352, P.sG.E 830 OF TE:i.:COUNTY CLERi<' S RECORD OF G�LVESTON COU�JTY, TEXAS. PAYABLE TO REGE��CY ESTATES HOHEOHNERS ASSOCIATION, INC., ( SUBORDINATED) SAE) i,iAINTENA..N'CE IS NOT BEING CGLI.iEC'ISD AT Tl'II S TL--i.E.
(K). EASEl•:iENT GRA.��D TO TEXAS-��'ZW S'I'i'\TE BOARD OF HlSURk\JCE {01-01-93)
i-1EXICO POWER COI-iPANY AS SET OU'.:'SCHEDULE B COt-�TINUES OF: NEXT PJ\G=
SCHEVULE B GF G7 59 31457
.P-1-JD REC(?RD:CD UNDER COUNTY CLERI('S FILI'-1 CODE NO. GG2-96-1556, HJ THE OFFIC: OF THE--c!OUNTY CLERK OF G.P-LVESTON COUNTY, TEXAS.
(L). ALL HINERALS RESERVED AS aECORDED IN VCJLlli-lE 3352, PAGE 330, IN THE OFFICE OF TH£ COUNTY CLERK OF GALVEST0�1 COUNTY, TEXAS. ( SlJRFACE RIGHTS WAIVED THEREIN)
(I-1) • 1:'7l-.IVER OF SURFACE RIGHTS AS SET OUT AND R1�CORDED ul-WER COUNTY CLERi�' S FILE NO. 8407629, IN THE OFFICE OF THE COUNTY CLER:z OF GALVEST0�,1 CO UNTY, TEXAS.
(N). THE SUBJECT PROPERTY ::..I:ES WITHEJ THE .!30Ut,:DARIES OF CL:C�Zi...� CRE.Z:{ DRAINAGE DI S'IRICT. (OWNER POLICY ONLY)
SCHEDULE C
Your Polic�' resulting fr Cm Schcdul-2 B of satisfaction,
will not cover loss, cos ts, at tcrne:/S' fess, �nd e:�2ens2s the follot·1ing .r equir emen ts that will appe c:;.r as E;�cep ti ens i.2-, the Policy, unless you dispose of these @a�tc.rs tc our before the date:: the Policy is issued.
1.Documents creating your ti tle or interest must be approved by us c:.nJ1.iust be signed, notarized end filed £.or re.cord.
2.Satisfactory eviuence must be provided that:
*no per·son occupyins; the land clcims any interest in th-=.: land againstthe per sons named in paragraph 3 of Schedule A,
*all standby fees, ta�:es, assess men ts and charges asains t the pr op2r t�ihave been paid,.
*all irr,proverr.�nts or repairs to the property are completed and accet=itedby the owner, and that all contractors, subc ontractors, laborers c:n:dsuppliers have been fully p�id, and that nc me chanic's, labor 2r 's ormc1te.rialffien's liens have attached to the propGrty,
*there is 1-:::gal right of access to and frora the land,
* ( on a Nor tgagee Pol�cy only)be violated that affect themortgage.
restrictions have not been and will no-: validity and priority of ti12 insur�cl
3.You must pay the seller or borrower the agreed amount for :lourproperty or interest .
4.An:l defect, lien, or other riiatter that may affect title to the land orinterest insured, that arises or is filed -after the effective date of tbisCom,d tmen t.
s.
(A) • NOTE: HE FIND NO OUTSTAt'\JDI NG ;;.10R TG.i'\GE LIENS OF �ECORD AFF:SCTHJGTHE SUBJECT PROPERTY. il .. N INQUIRY SHOULD BE i••iADE CONCI::R!HNG THE EXI S'IENCOF A.1\/Y UNRECORDED LIEN OR OTHER INDEBTEDNESS ';'iIIICH COULD GIVE RISE: TO A.i'-7"...' SECURITY INTEREST IN T"nE SUBJECT PROPERTY. STATE BOA.t1.D OF INSURANCE ( 01-01-9 3) SCREDULE C COL'!'IINUES ON NEXT ?AG=
SCIIEDULE C GF 87 59 31457
�'10TE TO CT, OSER:
'!'I TL:C Is VESTED AS SHO'i'vN ABOVE BY VIRTUE OF GENERAf, HA�RA:.'1\JTY DEED, D.sTED SEPTEI-iBER 8, 19 81 .hlJD FILED FOR RECORD NOVEMBER 5, 19 81 UNDER GALVESTON COUNTY CLERIC'S FILE NO. 3131802.
SCHEDULE D
Pursuant to the r equir emen ts of Rule P-21, B<:ls ic i•lanu&.l of Rules, Ra �es and For ms for the wr i tin,; of Title Insur c:1nce in the State of Te::as, the following disclosures are made:
1.Comraonweal th Land Title Insur a.nee Compc.ny is a �-,holly owned subs idi a:cyof Reliance Group Holdings, Inc. Reliance Group Holdings, Inc. Had consolidated assets in excess of $11 billion dollars at December 31, 1991. Reli,:mce Group Holdings securities an� publicly tr adeo on the New York and Philadelphia Stock Exe hai."1ges. Commonweal th Land Title Insurance Company's officers and director s at Deceraber 31, 1991 were as follows:
i-Ier ber t 1·1ender Chair man ;,, CEO Frederick L. Tomblin President & COO Ste:phen H. Weatherby Sr. V.P. & Controller Edward P. Loche r Sr . V .P. & Treasurer James J .D. L:z,ncb Jr. V .P. cc Secreta ry Joseph N. Buchm2J1 Sr. Vice President
Geer ge E. Bello James J .D. L,1·nch Jr. I:
OFFICERS
Clifford L. Collins Sr. Vice President Robert J. Ha.user Sr. Vice President Gary C. iZidd Sr. Vice President Leroy F. King Sr. Vice President James P. Koz•=l Sr. Vice President Wayne L. Levins Sr. Vice Pr8sident
DI?.�C'T'ORS
Irving Hor genr oth Robert M. Steinberg Saul P. Steinberg
Irv ins Mor genr 0th E}:ec. Vice Presid-:,:-1: H.Robert Nc,ftzins2:sr. Vice PresiC::entGary L. Opper Sr. Vice Pr2sident John P. Rapp Sr. Vice PrGsidc�t James J. Ryan Sr. Vice Pr es id2r'.;: Jeffrey C. Selb:,: Sr. Vice Presic�,.:.
Frederick L. Tombli� Her oer t Wender
2.The following disclosures are mc::ide by the Title Insurance Agent issuinstbi s Cornmi traen t:
The (a) shareholders owning or controlling, directly or indirectly, lG�or more of tbe shares of Texas Z\meric2n Title Company, (b) officers ofTe��as American Title Company, and (c) directors of Te:,as Americu,1 Title:.:Company, with_ all such information bein•; c1s of the last day of t�,e yea;:irr,mE:diately preceeding the date of this Commitment, are as follows:
SHA.'R.EHOL DER S OFFICERS .DIR T'CTOR S
F.ERB ER T L • HILL I.;:,,.i·1 S HERBERT L. �-JILLIA.HS 'fiERBERT L. \JILLIP..1-lS
ST.l'.\TE BOJ..RD OF INSURANCE (01-01-93) SCHEDULE D CONTINUES ON N-:CXT PP-.GI:
" -
-:-... ..; .... •
SCHEDULE D
President and Treasurer
CYNTHIA A.N'N WALL Vice-President and Secretary
GF 875931457
3.You are entitled to receive ad vance disclosure of settlement charges inconnection with the propose d transaction to which this corar.ii tmen t re lates.Upon your re<;iuest, such disclosure will be made to you. Adc1i tionally, t!:ename of any person, fir m or corporation receivin<;; any sum from thesettlement of this tr ans action will be disclosed on the closing o.rsettlement statement.
You are further advised that the estimated title premium* is:
0\-mer s Policy i-ior tgagee Policy Endorsement Charges Total
Of this total amount: $52.82
$ 27 a. 00 N/A ** $0.(30 $278. 00
will be paid to tte i?OliC}• issuing Title Insurance Company; $225.18 will be retained by the issuing Title Insurance Agent; and the remain.der of the estir,:ated premium will be paid to other p2.rties as follows:
Araoun t To Whom For Services
$ ____ _ $ ____ _
$ ____ _
*The estimated 9rerl1ium is bc:tsed upon infor:.r,ation furnished tc us as o:r:the date of this Commitr.1ent fer Title Insurance. Fin�l determinaticn c:Z the amount of the prer..ium will be made at clcsing in accordance with the Rules and �egul�ticns adopted by the State Boa.re of Insurance.
I: **Not av aiL:i.ble
COUNTERSIGNED:
COi:-ll-iONWPJ.ILTH LA!�D TI'lLE INSURANCE COHPP. .. NY ( Under >1r i te.r) STI;.TE BOARi) OF INSURANCE {Cl-01-93) CONS7RUCTE.D BY l-tRB/JC
TI::XAS .AMERIC�-N TITLE crn.iPP,NY
SCHEDULE D GF 87 59 31457
STATE BOARD OF IN SlJR.ANC: ( 01-01-9 3)
-• -,-..
. HUD . 1 !Rev. 1 . 88\
_ .....
f
---,,., COi>INONWEAL TH LAND TI 'ILE IN SUR�BCE Crn.1PANY
SCHEDULE A
GF No. Or File No.: 875-93-1457 ComLlitment No.: Effective Date Of Coffifilitment:
3G SEPTEHBER 1993 08:00 O'clock A.lL Issued *********** 08:00 0 1 cloc� A.u. Rule No.(s) R-3
1.The policy or policies to be issued are:
(A)Forr.1 T-1: Owner Policy of Title Insurance(Not Applicable For Improved One-To-Pour FamilyResidential Real Est�te)
PrOi:)OSed Insured : TO FOLLOW
(B)Form.T-lR: Te�.as Residential 0\-mer Polic}'· ofTitle Insurance -One-To-Four Family ResidencesProposed Insured:
(C)Fori:1 T-2: Hcrtgagee Policy of Title Insur ance
Proposed Insured : Proposed Borrower:
(D)For a1 T-13: Mortgagee Title Policy Binder OnInterim Construction Loan
Proposed Insured :
Proposed Ber r 9w2r :
(E)O�her :
Prc2osed Insured
Amount: $3,005.�G
Amount:
Amcun t:
Amount:
Amount:
2.The in t2r2s t in the land covered by this Comr.i.i tr,1en t is: FEr: SEi?L�
.., . Record Title to the *-and on the Effective Date appears to be vested in:CI TY OF FRIENDSWOOD
4.Lagal description of the land:
ALL THOSE 'IWO (2) CERTAIN 'IRACTS OR PARCELS OF Lll.ND CONTAINING 3 .2
ACRES .<\!'�D 1. 2 ACRES AND BEING RESPECTIVELY DESCRIBED AS RECREI:..'I'IOC:
RES"ERVE "A" AND RECREATION RESERVE "B" ON T'rlE PLAT OF REGENCY ESTATiJ
SUBDIVI SIOH, A Su13DIVI SION OUT OF SP...RAH HCKI SSICi:-C LEAGUE IN GALVESTCi:
COUN7Y I TEXAS, ACCORDING TO THE .[>L<\.P OR PLAT THEREOF RECORDE.iJ n� VC'"L m:·:�: 15, PAG.: 146 ET SEQ., OF THE HAP RECORDS OF GALVESTON COUNTY, E;�AS.
STP,TE BOi'.RD OF INSUF.ANC:E (01-01-93) SCHEDULE A cm�TH:UE s ON N:2;£T Pl!_GI:
SCHEDULE B
EXCEPTI Oi'7 S FROH COVERAGE
... .; •.
In addition to the Exclusions and Conditions and Stipulations, your Policy wil l not cover loss, costs, attorneys� fees, and e�penses resulting
fa: om:
1.The following restrictive covenants 0£ record iter,1ized below (We must either insert specific recording data or delete this eJ:ception); VOLffi.l:C
15, PJ�.GE 146 OF TRE MP.P RECORDS; IN VOLffi.lE 3352, PAGE 830, BOTH IN TIE:
OFFICE OF THE COUNTY CLERIC OF GALVESTON CO UNTY, TEXAS, THOSE RECORDED U!':D:SR
GALVESTON COUNTY CLERK'S FILE NOS. 8100�72; 8637631 AND 8637632.
Any disc repancies, conflicts, or shortages in arez,. or boundary linGs, or any encroachments, or protrusions or any overlapping of ir.,proverr,ents. ,._.
3.Hcmestez.d or community property or survivorship rights, if any, of anyspouse of any insured. (Applies to the O\'mer Policy only.)
4.An11 titles or rights asserted by anyone, including, but not limiteC:pc::rsons, the public, co rporations, governments or other entities,tc,
a.To tidelands, or la nds comprising the shores or beds of nav igaoL! orperennial rivers and streams, lakes, bays, gulfs or oc eans, or
b.To lands beyond the line of the harbor established or changed by any government, or
c.To filled-in lands, or ar ti f ici al is lands, or
or bul!�head lines .:;;s
d.To statutory water rights, including riparian rishts, or
e.To the area extending from the li nevegetation, or the rights of access toacross that area.
of mean low tide to the line of that area or easenent alons and
( F.pplies to the Owner Polic2· only.)
5.Standby fees, taxes and assessrr:en ts by any ta�ins au i:bor i t:-i for theyea.r 199 3 a..."1d subsequent years, ano subse�uen t tax8s and .:1s s-:;ssmen ts by anytaxing author it}' for prior years due to change in land usase or owners hi :J.
I: 6.':'he terms and conditions of the docu;nents crec:.ting yot;r interest in t:. ... :land.
7.I-later ials furnished or labor per for med in connection \'Ii th plc::nne,.::
const ruction before signing and delivering the lien document desc ribed in Scnedule fl., if the lar,d is part of the homestead of the owner. (Applies t:::
the Hcrtgagee Title Policy Binder on Interij;-, Construction Lo2n only, ar:C; may be deleted if satisfactory evidence is furnished to us be£or2 a bi:1c12r is issued.)
8 • Liens unc:subordinate to PoliC_i" only.)
leases thatthe lien of affect the the insured
STATE BOI--.RD OF INSURANCE (Gl-01-93)
title to i.10r tgage. the lar:c::, (Applies but that ar� to Mortsas��
SCHEDULE B CO!:'-:TINUES ON N:.:?:T P.:\G:C
SCHI:Dr.JLE B GF 8 7 59 314 57
9 •
(A)• A :!.'IPELINE EASEHENT OF UNDETERMINED FEET IN WIDTH ALONG THESOUTHERLY PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOW�1 PER THE RECORDEiJ ?LAT THEREOF. (AS TO RESERVE "B")
(D). A.Ii: EASEHENT SIXTEEN (16) F EET IN WIDTH ALOIY!G THE t-;ORTHEI!.ST PROPERTY LINE OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AS SHO'i1iN PER THE RECORDED PLAT TF...EREOF� (AS TO RESERVE "A")
(C)• AN UNOB S'IRUCTED AERIP..L EASENENT ADJOINING THE FBOVE NENTIONEDUTILITY EASEMENT, BEING TEN FEET IN HIDTH, FR.OH A PLJ>.NE 'IWENTY FEET ABCJJE THE GROUND UPWA..1-D, AS DEDICATED PER T"dE RECORDED PLAT THEREOF. (AS TO RESERVE "A")
(D)• A 'illJl...N SHI SSION LINE EASENENT GR.ANTED TO TEXAS -NEW MEXICO POHERCOZ·-iPP.-1'\JY BY INS1'.RUI-iENT RECORDED UNDER CLERI.Z' S FILE NO. 8709 434 OF TIE; COUNTY CLERK I S RECO RDS ' 01:., GALVESTON COUNTY, TEXAS, CROSSING SUBJECT PROPERTY AS SET FORTE THEREIN. (AS TO RESERVE "A")
(E). AN EASEI•iENT EIGHT (8) FEET IN WIDT H ALONG THE SOUTIH'IEST AND
SOUTHEAST PROPERTY LINES FOR USE OF PUBLIC UTILITIES, ll.ND A..� lJNOB STRUC'::l:':v ACRI F..L EASEi'.-�EN T ADJ OI NI NG THERE TO TEN ( 10 ' ) FEET WI DE FR rn•l A PLANE 1WEN 'l'Y (20 ') FEET ABOVE T'.r.IE GROUND UP{·JARD, AS SHOWN BY THE RECORDED PLAT OF SAID SUBDIVISION. (AS TO RESERVE "A")
(F)• . RESERVATION OF l/32ND N'Oi·1-PAR TICIPATING RO YAL TY IN'EREST, TEEROYALTIES, BONUSES, RENTll-LS ll..ND ALL OTHER RIGHTS IN CONNECTION WITH -SAII:i ROYAL TY RIGHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FROr;l HOUSTON BF1'1�, AND TRUST COi:-1Pfu'JY, 'rnUSTEE, ET�L, TO HENRY N. SHAFFER, 'TRUSTEE, DATE0 DECEMBER 11, 1964 OF RECORDED IN VOLUI�E 1671, PAGE 315, IN SAID COUWI� CLERK'S RECORDS, AFFECTING Pb.�T OF THE ABOVE DESCRIBED PROPERTY.
(G). CONVEYANCE OF AN UNDIVIDED 1/2 INTEREST IN THE ROYALTIES, UNDER AN UNDIVIDED 8/lGTHS INTEREST, TEE ROYALTY RIGHTS, BONUSES AND RENTJ..LS AS DESCRIBED IN DEED FROI:-'i D.S. CAGE COHPAi.'\Y TO GLEN .D. PEELER, DAT.ED OCTOBI.::::.
27, 19 44, OF RECORD IN VOL lli-1E 687, Pl,GE 317 IN SAID COUNTY CT.ERK' S RECORDS AFFECTING PART OF THE ABOVE DE SCRIBED PROP.ER TY.
(H). RESERVATION OF l/20TH OF l/16TH RO YALTY INTEREST, T"tiE ROYALTIZS, BONUSES, RENTll..LS A.r-JD �L OTHER RIGHTS IN CONNECTION WITH SAID ROYAL'l"'":{ RIGHTS, BONUSES A.i.\JD RENTALS AS DESCRIBED IN DEED FROi'l BRUCE I-lADDOi� TO Rz:: CLAWSON, DATED AUGUST 3, 1962, OF RECORD IN VOLUHE 1515, PAGE 120 OF s;,I:) COUNTY CT.ERK' S RECORDS, AFFECTH�G PJ:..RT OF THE ABOVE DESGUBED PR OPERTY.
(I). RESERVATION OF 8/10TH OF l/16TH ROYALTY INTEREST, THI: ROYALTIES, Brn�USES, RENTP.L S AND .tl,LL OTHER :i:1.IGHTS IN CONNECTIO N WITH SAID ROYAL T'..: RIGHTS, BONUSES Ai.\!D RENTALS AS DESCRIBED IN DEED FRCX-1 LYDI;�. CAGE TO RI.::� CLA1·7SON, DATED AUGUST 3, 1962, OF }.{ECORD IN VOLffi.lE 1511, PAGE 255 OF s,;r:;; COU�lTY CT.:CRK' S RECORD, EFFECTING PJI.R T OF THE ABOVE DE SCRIBED PROPER TY.
CJ). i·1AINTEN.ANCE CHA.�GE AS SET OUT IN VOLUME 3352, PAGE 830 OF TE:.::
COUNTY CLERi{' S . RECORD OF GJILVESTON COU�1T'-1, TEXAS. PAYhBLE TO RI:GE�JC:.' ESTATES EOZ.-iEOHNERS AS SOCIATION, INC., ( SUBORuINATED) SP.I0 i:,i.AINTENANTE IS NOT BEING CCLL.SCTED AT TtII S TL:•i.E.
(K). EP..SEI-iENT GRA..l\!�D TO TE��AS-��EW l-iEXICO POHER COI-iPANY AS SET CU'.:' S'!'ATE BOARD OF INSURA.\ICE UH-01-93) SCHEDULE B CO!•;TINUES Ot,: NEXT P.;.GZ
SCHEDULE B GF 87 59 31457
.P-_ND RECO RDED UNDER COUNTY CLERK'S FIL.t-1 CODE NO. 002-96-1656, DJ THE OFFIC:::: OF THE-0 e!OUNTY CLERK OF GJlLVESTON COUNTY, TEXAS.
(L). ALL HINERALS RESERVED AS RECORDE_D IN VOLlJi.lE 3352, PAGE 830, IN THE OFFICE OF THE COUNTY CLERK OF GALVEST0::-1 COUNTY, TE.:�AS. ( SURFACE RIGHTS WAIVED THEREIN)
(H)• �•77-.IVER OF SURFACE RIGHTS AS SET OUT AND RECORDED mrnER COUNTYCLERi(' S FILE NO. 8407629, IN 'YnE OFFICE OF THE COUNTY CLERIZ OF GALVESTOt,J COUNTY, TEXAS.
(N). THE SUBJECT PROPERTY ::.rzs WITHE·J THE BOUt-:DARIES OF CL:CA.� CREi::l� DRAINAGE DI S'IRICT. (OWNER PO LICY ONLY)
SCHEDULE C
Your PoliC'.l:' will not cover loss, cos ts, at tcrneyz' fees, s::;nd e:rpenses resulting f:roru the follm'ling requirements that will a.ppec.:r as Excepticns in Schedule B of the Policy, l.lnless you dispose of these l7lattcrs to our satisfaction, befor:e the date the Policy is issued.
1.Documents creating your title or inter�st must be approved by us c:nJ171.ust be signed, notarized and filed for re.cord.
2.Satisfact:o:ry eviuenc e must be provided that:
*no per·son occupyins; the land cl2.ims any interest in the: land againstthe per sons named in pa ragraph 3 of Schedule A,
*all standby fees, taxes, assess men ts and charges asains t the propertyhave been paid,.
*all imp:rovem8nts or repairs to the property are completed and acceptec':by the owner, and that all contractors, subc o ntractors, laborers 21:dsuppliers have been fully po.id, and· that no mechanic's, labor2r 's ormute.rialm.en's liens have attach2d to the property,
*there is legal right of access to and frora the land,
* ( on a Mortgagee Pol]J.cy only)be violated that aff�ct themor tgase.
restrictions have not been validity and priority of
and will no�
the insurs�
3.You must pay the seller o:r bor :rower the ag:rced a:nount: for }'OU.r property or interest.
4.An}' defect, lien, or other matter that fi\ay affec t title to the land orinterest insured, that arises or is filed -afte:r the effective date of tbisCom,::i tmen t.
5 •
(A)• NOTE: NE FIND NO OUTSTA.i'\JDI NG l•-iOR TG?1.GE LIENS OF �SCORD AFF:::CTH:G
THE SUBJECT PROPERTY. ill'J INQUIRY SHOULD BE iviADE CONO:RnING THE EXI STEN CT OF A.N'Y UNRECORDED LIEN OR OTHER IN DEB TE:CNESS ';'HUCH COULD GIV:C RI SE TO Ar'-7� SECURITY INTEREST IN THE SUBJECT PROPERTY. STATE BOP.RD OF INSURANCE (Cl-01-93) sc�rnDULE C COt-:TINUES ON NEXT Pl-.GZ.
....
SCHEDULZ C GF 875931457
NOTE TO CLOSER:
TI 1L:C IS VESTED AS SHO'i··JN ABOVE BY VIRTUE OF GENERAL HA�RA."JTY DEED, DATED SEPTEl-'lBER 8, 19 81 AND FILED FOR RECORD NOVEMBER 5, 19 81 UNDER Gl!.LVESTON COUNTY CLERK'S FILE NO. 8131802.
SCHEDULE D
Pursuant to the requirements of Rule P-21, Basic i•lanua.l of Rules, Rat2s and For ms for the writing of Title Insur u.nce in the State of Te::as, the following di sclosures are made:
1.Commonwealth Land Title Insurance Company is a wholly owned subsidiaryof Reliance Group Holdings, Inc. Reliance Group Holdings, Inc. Had consolidated assets in excess of $11 billion dollars at December 31, 1991. Reli.:mce Group Holdings securities are publicly tr ade<l on the New York �nd Philadelphia Stock Exchanges. Commonwealth Land Title Insurance Company 1 s officers and directors at December 31, 1991 were as follows:
Herber t Wender Chair man ;;, CEO Frederick L. Tomblin President & COO Stephen H. Weatherby Sr. V .P. & Controller Edward P. Locher Sr. V .P. &. Treasurer James J.D. Lynch Jr. V.P. &. SecretaryJoseph N. Buchmc:m Sr. Vice President
Geer ge E. Bello James J.D. Lynch Jr. I:
OFFICERS,
Cl ifford L. Collins Sr. Vice President Robert J. Hauser Sr. Vice President Gary C. l<idd Sr. Vice President Leroy F. King ·. Sr. Vice PresidentJames P. Kozel Sr. Vice Pr8siden t Wayne L. Levins Sr. Vice President
DI'R.7CTORS
Irving Morgenroth Robert H. Steinber '3 Saul P. Steinberg
Irv ins Morgenroth E�:ec. Vice ?res id:::,:::: H.�obe:rt Naftzins2: V. . -.Sr • 1 ce Pr es ic.;r�:-.:: Gary L. Opper Sr. Vice Pr2sident Jolm P. Rapp Sr • Vice Pr es id� n t: James J. Ryan Sr. Vice PresidGnt Jeffrey C. Selby Sr. Vice ?resids:-.::
Frederick L. Tombli� Her oer t Wender
2.The following disclosures are m�de by the Title Insurance Agent issuingthis Commitment:
The (a) shareholders m-ming or contr olling, directly or indirectly, lC�or more of tbe shares of TeAas .;;mer ican Title Com?any, (b) officers ofTe✓�as American Title Company, and (c) diri:::ctors of Te:;:as Americuri :'itl'.:::Company, with all such information being as of the last day of t�1G 'je::.rimm&diately p�eceeding the date of this Commitment, are as follows:
SHA.REHOL DER S OFFICERS DIRT':CT ORS
F...ERB BR T L • HILL I J:..i·1 S HERBERT L. l'JILLIP .. 1'1S E:ERBER T L. <;HLLI.'°'-�·lS
SCHEDULE D CONTHZUES ON r-i:CZT P.<l.G:C STA TI: B O;i..RD OF IN SURAN CE ( 01-G 1-9 3)
-: ... �.••
SCHEDULE D
President and Treasurer
CYNTHIA A.J\JN WALLVice-President and Seer e tar y
GF 87 59 31457
3.Ypu are entitled to receive advance disclosure of settlement charges inconnection with the proposed tr ans action to which this co rar.ti tmen t relates.Upon your request, such disclosure will be made to you. Additionally, thename of any person, firm or corporation receiving any sum from thesettlement of this transaction will be disclosed on the closing orsettlement s ta ter.,.en t.
You are further advised that the estimat ed title premium* is:
Or,-mer s Policy Hor tgagee Policy Endorsement Charges Total
Of this total a..-nount: $ 52 .8 2
$ 27 a. 0 0
N/A ** $0.(30 $278. 00
,.,,ill be paid to the policy issuing Title Insurance Company; $225.18 will be retained by the issuing Title Insurance Agent;· and the remai;-;der of the es tirt:a ted premium will be paid to other par ties as follows:
Ar.:oun t To Whom For Services
$ ____ _
$ ____ _
$ ____ _
*The estimated premium is bc:ised upon infor;rlation furnished tc us as orthe date of this Commitr.,ent for Title Insurance. Finc1l d e terminaticn of the amount cf the prer.dum will be made at clcsing in accordance with th2. Rules and :ct.egul� ti ens adopted by the Sta ts Boar c of Insur anc2.
I: **Not av ai lcible
COUNTER SIGNED:
COl-11-iONWPJlL TH LP.l�D TI'.ILE IN SURANC:C COI•iP!'�\JY ( Under:.1r i ter}
STNI'E BOARD OF INSURAi.�CE {Cl-01-93) CONS7RUCTED 3Y WRB/JC
GF 87 59 31457
01-01-9 3) CONSTRUCTED BY I·-i'RB/ JC
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METES AND ROUIDS DESCRIPTION OF 1. 1544 ACRE
A TRACT OR PARCEL OF LAND CONTAINING 1. 1544 ACRE OR = 284
SQ. FT. BEING RECREATIONAL RESERVE B, BLOCK 2 OF REGENCY ESTATES /
SUPDIVISION NO. 1, GALVESTON COUNTY, TEXAS, ACCORDING O THE MAP
OR FLAT THEREOF RECORDED IN VOLUTE 15, PACE 180 OF THE GALVESTON
COUNTY MAP RECORDS, SAID 1, 1544 ACRE TRACT BEING MORE
FARTICULALRY DESCRIBED BY METES AND BOUNDS AS FOLLOWS TO--WIT;
BEGINNING at a 5/8 inch iron rod found marking the
Northwest corner of Bloch: 2 of Regency Estates Subdivision also
marking the intersection of the East right-of-way line of Briar
Meadow Dr. (60. 00 ft. in width.) ,and the South right-of-way line
of Sunset Dr. C80. 00 ft. in width) ;
THENCE South 45 degrees 21 minutes 35 seconds East a
distance of 314. 02 ft. to a 3/4 inch iron iod at the East ape_
corner of the herein described 1. 1544 acre tract and also marking
the North easterly corner of said Lot 1, Block -' ;
THENCE South 88 degrees 38 minutes 20 seconds West with the
Northwest line of Lot 1 and lot 29 of said Block 2 and with the
Southeast boundary line of a 100. 00 ft. wide Humble Pipeline Co.
Exon 100. 00 ft. right-of--way a distance of 393. 24 ft. to a 5/ 8
inch iron rod found at the lower Southwesterly corner being in
the Northeast boundary line of Osborne Drive C60. 00 ft. in width)
which also marks the most Northwesterly corner of Lot 29;
THENCE North 45 degrees 06 minutes Ov seconds Vilest with the
Northeast boundary line of Osborne Drive a distance of 22. 14 ft,
to a 5/8 inch iron rod found marking the PC of a 20. 00 ft. radius
to the right ;
THENCE in a Northwesterly direction with said. 20. 00 ft,
radius to the right having a central angle of 90 degrees 00
minutes 00 seconds, and a arc length of 39. 27 ft. , long chord
bears North 00 degrees 06 minutes 06 seconds Vest - 28. 28 ft. to
a 5/8 inch iron rod found at the Pt of said radius and the
Easterly right-of-way line of said Briar Meadow Drive;
THENCE North 44 degrees 53 minutes 54 seconds East with the
Southeast right-of-way line of Briar Meadow Dr, a distance of
262. 69 ft. to the PLACE OF BEGINNING and containing 1. 1544 acre
of land.
.,.
;
,.
A\FFIDAVIT AS TO DEBTS AND LIENS
(SELLER'S/BORROWER'S/CONTRACTOR'S AFFIDAVIT)
STATE OF TEXAS * * * GP �r-87 5931457 COUNTY OF GALVES'I'ON
BEFORE till, The undersigned authority, personally �ppeared the
undersigned affia nt (lierein Culled "Affiant", wh etli8.r one or 1,"to.re), personally knov1n to ,ne to be bie person \;hose nai·,te is subscribed hereto, and wi10 upon this Outh states as follO\.iS:
1.Affiant is either the owner of or a contructor who has constructedimproveraents upon, or both, the followin<J described real property (herei n called t�1e "Property") , to-wit:
A TRACT OR PARCEL OF LAND COUTAIHHJG 1.1544 ]�CRE OR 50,284 SQ. FT. BEING RECREATIONAL RESERVE "B", BLOCi� TWO ( 2) OF REGENCY ESTATES SUBDIVISION NO. 1, GALVES'i'ON COUNTY, TEX..�S, ACCORDING TO THE UAP OR PL1�T TH E REOF RECORDED IN VOLUi-B 15, PAGE 180 OF 'fHE GALVESTON COUNTY !-lAP RECORDS, SAID 1.1544 ACRE TRACT BEING IlORE PARTICULl,RLY DESCRIBED BY METES AND BOUNDS OH l,TTACHED EXHIBIT "A".
NOTE: THE COI-iPANY IS PROHIBITED FROl'-1 INSURING THE AREA OR QU/ll-JTITY OF THE LAND DESCRIBED HEREIN. ANY STA TEHENT IN THE ABOVE LEGAL DESCRIPTION OF THE AREA OR QUANTI'I'Y OF LAND IS NOT A REPRESENTATION 'YtlAT SUCH AREA OR QUANTITY IS CORRECT, BU'l' IS f.:IADE ONLY FOR INFORl-lATIONAL .::..rrn/OR
IDEN'i'IFICATION PURPOSES AND DOES NOT OVERRIDE I'I'EH 2 OF · SCHEDULE "B" HEREOF.
2.To induce Te�as American Title Company ( "Ta tco") , as agent for its
title insurance underwriters, to issue a policy or poli cies oi title
insu r a.nee in connection with tile Pr-oper ty, Af i iant irtctkes tiie follow ins:; state1110nt.s of fact, all of \·Ji1icl1 are �-1it.l:iin the personal knowled9e oi Affiant:
A.That a£fiant m-,es no past aue I?ec.1eral or StatE: ta�::es anc:1 tbat tbereare no delin�uent Federal ass2sLlents presently e�istin� ayainsth.ffiarit, <1r1Cl tl'i at 110 Federal or St.ete ta:� vr o!.:1°1cr: liei1s l1a.ve been �il�d Z�·;aii-1st F�iiia1�t..
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----·-·.l:""--"-···-··----repairs on tiie Property have been paid for c.ma ti.ere are now no unpaid l>abor or material claims against the improvements or repairs on thePrope:c ty, ana llff iant her1::by declares that all sums of money aue forthe erection of impr ovements or repa irs have been fully paid andsatisfied and there are no Mechanic's or Materialman's li�ns againsttile Property.
D.That there are no paving liens of any kind or character or claims forpaving outstanding against the P:co2er ty ana tiwt Af f iant has notsigned any peti·tions for the pavin'::;i of any street or alley adja cent tothe Prop�rty and knows of no petitions being circulated for thepave1i1ent of the streets, alley, or side\rnlks adjacent to the Property.
E.That there are no judgement liens filed against Af.tiant .
F.That there are no suits pe nding against Affiant in any court,or State.Feder al
G.That Affiant knows of no adverse claim to the Property and that so faras Affiant knows there are no enc roachments or overl�ppingimpr0ve1aents or boundary-conflicts.
H.That there are no outstanding llome improvement loans, recorded orunrecorded, for improveiaents or repairs to the Prope rty, except as (ifnone, state "None"):
_,_.-••'
I.That AE�iant has not heretofore sold, contracted to sell, or conveyedany part of the Property other tlian in conne ction with tbe transactionior whici1 tiiis Affidavit is given.
J.That tl1ere are no unpaid debts for elect ric or plumbing fixtu res,water heaters, fu rnaces, ai r conditione rs, radio or televisionantennae, ca rpeting, ru gs, ir.ciga tion systems, bl inds, ,·1indow shades,draperies, electr ic appliances, fences, or an y other per sonal propertyor £ ixtures loc a tea on the Prope rty, ana that no such i terns have been purchused on time payment contracts, and there are no security interest on such personal property or fixtures secur ed by financing sta te:.,1ents, security agreements, or ot berw ise, except the. following (if none, state "None"):
Secured Party Approximate Amount
I�. That tl1ere are no outstandins loans ot any kind incurred in connection \·1.i..tl1 t�1e Property and tiie:re are no liens ascJ.inst tuc ?:coper-cl e:i:cept tGe followin� (if none, stdte "None"):
Creditor 11.ppr oxi1.1a te Ari1oun t
3.This Affidavit is made as an indu cement to Tatco to close thetr<.msac tion £or which tiiis Affidc1vit is given, and Af[Lrnt real izes that 'l'atco is relying upon ti1e representations containecl here in. Aff iant do es hereby swea r under "i:.i:ie penal ties of perjury ·Uiat the £ore9oin(J inforrliation is true and correct in all resp�cts. Words of �any gender used in this Affidavit shall be held and construed to include any other sender, and words in the sin•Jular numbers shall be held to include ti,e plural, anJ vice ve rse:., un less tlie conte:;�t requ i res otherwise. WITNESS my hand this the 13th day of DECEI-IDER, 1993. Sworn to and subscr ibed this the 13th day of DECE:,.iBER, CITY CITY OF FRIENDSWOOD m . DEOO�AH RIB)f.f +)J m,tiiy f'i.ililil:, S�.b of T�v.;zs��-1-�,,,�J M;1 C,)ir.iillssi;,;1 E:-;::!res .. �� r.,. �.(.• •t, .. •r ,,.") •t ... ,.. � .,i-,, .. c;,,�\r '"! •:'!!.: '-✓..., , !·::;;o. . .'�L(')?@�.-i::G;.'-�<i""T/"'fait",
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MMS AND BOUNDS DESCRIPTION OP 1. 15461 ACRE -
A TRACT OR PARCEL OF LAND CONTAINING 1. 1544 ACRE OR �l-
SQ. FT. BEING RECREATIONAL RESERVE B, BLOCK 2 OF REGENCY ESTATES, 1
SUBDItrISIO[1 A:O. 1, GALVESTON COUNTY, TE-<:AS, AC,=ORDING 'i- - is %P'
OR PLAT THEREOF RECORDED IN VOLUME 15, PAGE 180 OF THE GALVESTON
COUNTY MAP RECORDS, SAID 1. 1544 ACRE TRAC''i BEING MM 0RE
PARTICULALRY DESCRIBED BY METES AND BOUNDS AS FOLLOWS TO-WI"' ;
BEGINNING at a 5/8 inch iron, rod found miarking the
Northwest corner of Bloc: 2 of Regency Estates Subdivision also
marking the intersection of the East right-of-way line of ;;ricer
Meadow Dr. ( 60. 00 ft. in width) and the South right-of-way 1 ine
of Sunset Dr. ( 80. 00 ft . in width) ;
THENCE South 45 degrees 21 min-utes 3`j se,:onds East a
distance of 314. 02 ft. to a 3/4 inch iron i od at tl-,e East a-oe:ti
corner of the herein described 1. 1544 acre tract and also marking
the North easterly corner of said Lot 1, Blocl: 2 ;
THENCE South 88 degrees 38 minutes 20 seconds West with the
Northwest line of Lot 1 and lot 29 of said B1ocK 2 and with the
Southeast boundary line of a 100. 00 ft. wide Humble Pipeline Co.
Exon 100. 00 ft . right-of-way a distance of 393. 24 ft. to a 5/ 8
inch iron rod found at the lower Southwesterly corner 0einb iri
the Northeast boundary line of Osborne Drive :f30. 00 ft . in width)
which also marks the most Northwesterly corner of Lot. 29;
THENCE North 45 degrees 06 minutes 06 seconds West with t1he
Northeast boundary line of Osborne Drive a distance of 22. 14 ft,
to a 5/8 inch iron rod found marking the PC of a 20. 00 ft. radius
to the right ;
THENCE in a Northwesterly direction with said 20. 00 ft.
radius to the right having a central angle of 90 degrees 00
minutes 00 seconds, and a arc length of 39. 27 ft. , long chord
bears North 00 degrees 06 minutes 06 seconds West - 28. 28 ft. to
a 5/8 inch iron rod found at the Pt of said radius and the
Easterly right-of-way line of said Briar Meadow Drive;
THENCE North 44 degrees 53 minutes 54 seconds East with t1he
Southeast right-of-way line of Briar Meadow Dr. a distance of
262. 69 ft. to the PLACE OF BEGINNING and containing 1. 1544 acre
of land.
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, JU. 18 "'37 1 3'30 FR 513-1.JERRY PATTISRSO' 713 9"8 0004 10 2914823722
7/18/97 cc M&C
John Olson
CROSSFILED RICHARD STAPP
JERRY PATTERSON
STATf SENATOR
1 ·1 1)1!.lfJCl Office o Capi1ol Offia
r () Box 170M,
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JLL 18 ":17 13:30 FR SEN. JERRY PATTERSON 713 948 0004 TO 2814823722
..,._,, C.I' ;,r t:,::I!�� AT':"CJRr-.EY GEN-'OP!NI0.'-6 5124632110
P.02/07
002 • ®ff ict of tfJe �ttotne� @eneral
6tatt of �ex«�
DAN MORALES
ATTORSSY G1!,'1Ekl\l. June 4, 1997 ;
'
The Honorable Jerry Patterson Letter Opinion No. 97-057
Chmr, Veteran Affairs and Military Installations
Texas State Senate
' ' Re: the authority of a city to sell dodiCftcd as a parlc (ID# 3�2) P.O. Box 12068
Austin, Texas 78711
Dear Senator Patterson;
land
You ba-ve asked our opirtion regarding a dispute b�een a city and a group of its citiuns regarding the eity�s sale of a certain parcel of land to a prlya.te individual sometime in the fall of
1993. From th� materials you have submiued, it appears lha�the city did not hold hearings or obtain
voter approval before selling the land. The property a(issue was dedicated to lhe city by a devel<>per in 1981. There is sonle dispute regarding whether the land was dedicated to the city for
use as a park and whether the city aocepted the dedication on� tem-..s. This office cannot resolve
disputed questions of fact. For puzposes of this opinion., w� will assume that the property at issue
was dedicated to the city as H park and that it was accepted r tlte city as a park.
Bceause you have not asked us to address any spetjflc legal questions. we will gena-ally
discuss the law applicable to the authority of a city to convey park land to a private party. Section
253.001 of the Local Government Code authorizes amunici�lity to sell land "th.at the municipality owns, holds, or claims as a public ... park,"'1 bul also! requires the governing body of the
municipality to obtain the approval of the voters before doi;g so:
Land owned, held, OT claimed as a public squ.µ-e or parlc may not be sold
wiJess the issue of the sale is submiU.etl to �e qualified voters of the
munieipality at an election and is approved by a majority of the votes received a1 the elec'tion.
Local·Gov•t Code§ .253.00l(b). Section 253.001 also pro�des that a municipality must adopt an
ordinance di�t.ing 1he mayor or manager to execute the epnveyance. Id. § 253.00I(c). These
requirements apply to land that "the municipality owns, hold�. or claims as a public ... park.••! We arc .not aware of eny case law addressing whclher land mwt b� formally dedicated as a park in order
to fall with.in this provision.
1Local Gov"t Code§ 253.00l(a).
2/d,
JUN Z7 '97 10: 13 C::1-:> A'?"1 Cc:"'7<"1
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JLL 18 '97 13:30 FR SEN.JERRY PATTERSON 713 948 0004 TO 2814823722
�b/'�7/97 09:59 ATTORl'EY Gl=NXJPINIONS S124632110
P.03�7003 The Honorable Jerry Pattenon -Pase 2 (L097-0�7)
Section 253.001 contains various exceptions to th� election requirement. The requirtment does not apply to the sale o! land for drainage puzposes to � district, county or corporation acting on behs.lfofacountyord{strlct Id.§ 2S3.00J(b). In addition. in the fall of 1993. subsections (e)3 and (f)'providedcertain exc;eptions to the requirement�. Non� oftbese exceptions appears to apply to
3Subseetion (o) provideld as .foltOW11:
Subse.:tiocr (h) dOes not apply to A <:envcy� ofr land that:
(1)is � by., homc,.rule muti.ic;ipality with � population o!leu than Lt �.000;! (Z} is o:,e acre or less: (3) i. pllrt oft. pul: that ia 600 acres or less;
(4)is conveyed asp� of ui exclumge for pro�erty adjoining the park; and ! (5)ia con� J>UrSUADt � u ordinance 1hat is ]&<!<JPlc:d under this m:uon znd hasan cfw:;tivo date Woe¢ November l. l 989. I �¢Id.§ 253.00l(c) (acc:\'IActedby Act of May 26. 1989, 7JstLe6., �s., cb.. 597, § 1, 1989Tex. Gen. Laws 1978, 1978). Subseeuoa (e) was lllneQd:d in 1995, after the uansaction at is.$tle. Su A.et of May 19, 1995, 74th Leg .• R.S., ch. 344, § 1, 199S T�. Gen, l.-aW$ZS�. 2868.
4&.ibscetion (f) provided: (f)The election requircmcms of SUbscctio.n, (b) do i¢t apply 10 a conveyance ofa piarki�
( 1)1hc puJc u owned by a home-rule m1JNciplllity with a popal.atiot1 of more t.>ut:1one milliOfl; (2)it i. a park of two aere& or less;(3)Cl\& pm ic no !ongc:: usable end riwctionat F a park;( 4) the proceeds of the sale will be �sed to acq{tir� land tor park ptnpcses; (S} a public �ar.ing 011 the prop0$ed caa:v� i$ held by the goventin$ body of the hcme-rale municipality &Dd that body (I.Llds th»t thci propeny is no longer usable aDd function•! as a patk; and ( 6)1bc pmc i3 conveyed pumiant to an ordinanc:!= .Cop� by Ole goveming bodyof dU> homo-nilt amtn.liLy, unb$ within 60 days ftOtnjthe date Qf the p11blk !:wing the govemil1$ t»dy of � homo-culc mucicipa.Jity is pccscnted with a petft.fO&l opposing the �� whieb �wns the name, address, and chi� �rr;ign11twt: ofno less rhtn l ,500 registered voten residing witbm €be city iirMs orlh!; munitjpa!ity; then, !be gOYcm:itlg body of the hozm;.ruk: municip:slity $h11ll ci.!ha-deny � c:bavcycicc or shall approve the convcyanec auhjcct tc the election required in Sub,ceti� (b); or ( continued ... )
JUN 27 '9? 12: 13 � 1 ';) .,:"'.'-:: ,::.r:::":!O :,,r'\r'C-r,a-,,
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JU.. 18 '':!? 13:31 FR SEN.JERRY PATTERSON
'CJr::U<!.l ✓'�!J! l�:w
The Hoc.or&!blc 1cn:y Patterson .. Page 3
713 '348 0004 TO 2814823722
AT'l"ORNEY GEN/OP1N10NS 51246'32110
(L097~0i7)
P.04/07
004
tho transilction at issue. s The ultimate :resolution of �ir application would involve factual
determinations. however, _and is therefore beyond the pun'tew of the opinion process.
The Locai Government Code does not provid� any express means to challenge �
mWlicipality's failure to adhere to the section 253.00l(b) el�on rcqwrement. We are aware of at
l�t one case, however, in which a �urt voided the conv�yance of an interest in a city park to a
private individual where lhe city had failed to hold an e!ectipn required by the statutory predeocssor
to this provision. See ?Achry v. City of San Antonia, 305 $.W.2d SS8 (Tex. 1957). The action to
caned. and set aside the lease contract as void was brought!by the CitY of San Antonio almost two
years after.the lease was execut.od. See ZAchry v. Ctzy ofS/pr Antonio, 296 S.W .2d 299,305 (Tex. _
Civ. App.-San Antonio, writ granted), afrd, 305 S.W.2d f58 (Tex. 19S7).
In addition, a court has held that a ta,q,ayer � slandjng to bring suit ag� a city for failure
to hold an election prior to conveying 4<-park underV.T.C.�. article 101Sc, soction 4. See McCoy
v. Williamst S00 S.W.2d 178, 180-81 (Tex. App.-El Paso\1973, writ refdJLr.e.). Article 1015e,
which authorizes a city to purchase, mortg-.i.ge and encum�er various kinds of projects including
parks, V.T.C.S. art. 101Sc. § 1, provides that no project undk section 1 of the article "shall ever be
sold until such sale is authorized by a majority vote of the q�alified voters of such city or town,·• id.
§ 2, and !hat "any taxpayer residing wjthin such city or to� ... shall have the right. by appropriate
oivil action in the District Court of the: county in which sucti city or 1own is located, to enforce the
provisions of this Act," td. § 4. McCoyv. Williams. SOO S.W.2d at 180·81, suggests that this cause
of action applies to any city park. notjustone cn:aled underjsection 1 of article 1015c: "Appellees
urge-that Article: 1 0 1 Sc is not applicable since ther e is no all�tion that the park. was created under
that statute or that the land in question was encumbered ullf1cr the provisions of the Act. We find
no �iction in Soctlort 2 requiring an election. which wou)d limit the requirement for an election
to only panes. encumberod under this AcL" Id. \
Parks and Wildlife Code section 26.001 also contai� certain procedural requirements a city
must satisfy before selling a park. It requires a city 1.0 proYidc pUblic notice and a hearing before
'<approv[ingJ any program or project lhat requires the use orqtldng of any public land designated and
used prior to the arrang,eme11l oflhe program or project as a �ark.•' Parks&. Wild. Code§ 26.00l(a).
4( •.• continued)
(7) the conveyance involves an cx:changee of two(e:tisting parks, situated within a�Nie munieipdity with a popwation of more than� milllon. that togemer total 1.S�es or L::u m size, thal •� loc:aftld wiehin 1.000 (cot of �b o�, that are loeate>d in a.,mdust.ri•l area. tbat havo beCll found in a public heari�& to no longer � usable andfr.mc:tiOQltl as piiib, and that llr'C convi::yed pUZTI?ant to. an o.roinan�. adoptt>d by thegovcimo; body of1laat municipality, that has an cfle�date before D� 1, 1993.
Sec Act of Mays, 1993, 73d Leg., R.S .• c:h. 17'1, § J, 1993 Tex. Gen. �ws 344. 344.
� Seventy-fifth l.cg.wawrc CD8Cl:Cd an :11.ddiliom.l exception� (he &e>Ction 253.00l(b) eloetion requirement.See S.B. SU. A.cu 1997, 75th Leg� JLS. (cft: Sept l, 1997). It does n� appear to apply to the park ilmd at issae.
TIIIJ ?'? •o� 11>••,. -------------------------------
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JUL 18 '97 13:32 FR SEN.JERRY PATTERSON 713 948 0004 TO 2814823722 P.05/07--�-· -· ,.. .... ..,... HI ll..t<l'tY ljtt,V(PJNtoNS 51246:32110 005 The Hono�lc Jm:y Patterson -Page 4
' ' (Lo91-o:sn
If the p�l of land at issue was designaled � used a park prior to the sale, then the city was required to comply with thii provision. Significantly. how�a-. chapter 26 of the Panes and Wildlife Code contains a bar to judicial review: ''[A] petition !for judicial review of the approval or disapproval of a program or project under 1his provision; must be filed within 30 days after the approval or disapproval is announced, or the review is biz-red;· Id. § 26.003. Although this bar clemy applies when a city has adhered to lhe section 26.001 notice and hearing reqairements, 6 we are unaware of any authority 8ddrc:ssing whether this �ar Would apply in a case where the governmental body at issue failed to adhere to the requirements al1ogelber. Chapter 26 does not specifically grant standing to a member of_the pubtfo to c�lenge a city's action for failure to adhere to its requirements; thus, a 'litigant must show that he or she, has been damaged or injured as a result of the city•s actions other than u a member of the gen4at public in order to have standing to challen&e a city action on tbii bas.is.' I We have not bocn provid0d with any information regarding the procedures used by the city to arrive at a purchase price to sell the land al issue. Subsec!tion (a.) of S¢Ct:ion 272.001 of the Local Government Code generally requires cities to setl land by a:�eaJed bid procedure after public notice. Se.e Local Gov't Code§ 272.00l(a). In the alternative, a m�ipality may sen such. land by public auction. See td. § 253.008.1 The effect of a city's failure to�ly with these requirements renders the transaction void. Bowlir.g v. City of El Paso, 525 S. W\2d 539 (Tex. Civ. App.-BI Paso J 975, writ refd n.r.e.} (addressing statutory predecessor to Local <;ov·t Code§ 272.001, former V. T.C.S. art. S42lc-12) (action brought by City of El Paso to void� rescind conveyance). Although none of the exceptions to the requirement that a city sell land b,y sealed bid or public auction listed in 5Ubsectio.cs (b), (g). (h) or (i) of section 272.001, as they e�sted in the fall of 1993, would appear to apply to the sale at issu.e, uJti.tnate resolutio.n of th�ir application would involve factual dctenninatio_ns and is therefore beyond the purview of the ppmion process.
i Finally, material you have provided suggests that th� 1993 sale is validated by micle 974d-44, a provision applicable to both general-law and bome-rul� municipalities. See V. T. C.S. art. 974d-44, § l. Section l of anicle 974d-44 provides that the �cle '"vali&tes governmental acts or pmccedings 'o/hich may otherwise be invalid or void becau� of procedural <iefects in the manner of enactment ... Section 2(b) provides that all govemmenta.J; acts and proceedings of a home-rule munieipality since the "'adoption or attempted adoption or amendment of the charter are validated
6S� e.g., Person, v. City of Fon W<1rth, 190 S. W.2d 865 (T� App.-Fort Worth 1990, no writ) (notiog that whore city publisbed noilix: a2)d beid public hi:tlrmgs � pm actfyfties, action sn,cter chbpter 26 b&m.d for failure to luncly file). . 1
1 S« Id.. at 870. As a gcceral m&utt, "[uJnlcss standing a coAf�od by �tut.e. the eotMJOll-la w ru� in Texas � that t. pc:t'$0n &00km£ to enjom <he 1tcti.OllS ◊fa goveimncntsJ \,oc!y rnu$t pt=d and prove that he � tuffeted 'special injury,' i.e., he must allege and show how he hu been c12ffiagcd or injured otlw than as e member or rhe general public." Id. at 868 (citilJ8 Scott v . .Board of AdjllS"11CJtt, 405 S.W.2d st (Tex. 1966)).8This provision was� ill J�3. prior lo the transaction ti �e. &c i\ct of May 12, 1993, 73d Leg., R.S.,
ch. 206, § 1, 199:3 Tex. Gen. LaW$ 394,394.
JUN '?'7 • 9'7 1C\: , =:.
('
(\
0
JU. 18 '97 13: 32 FR SEN. JERRY PATTERSOt-1 713 948 0004 TO 2814823722
'<10/"c:'t/':N 10: 01 ATTORNE'( 69,:/0FINIONS 5124632110
( L097-0$7) Tho Honorable Jexry Patterson - Page S
P.06/07006
as of the dates on whieh they OQCU.mld:· Section 6 provides µia1 the article applies to "governmentalacts and proceedin gs of cities and-towns that occurred bef�'re March l, 1995. ·•
Despite the broad wording of &eetions 1, 2(b), an4 6, it is not elcar that article 974d-44 applieo to the governmental act al issue here. Sections 2(a)1 3. 4, 8, and 9 of the article describe particular kinds of governmental acts or proceooings -govepunental acts and proceedin gs :relating to the adoption or arnendmen1 of a home--ruJe eba.."1.er,9 irlcozporatiOlli 10 -annexation, 11 industrial development sales tax eleotio:ns,12 and the organization o'f cawn COIJ)Orations.13 None of the governmental acts or pro�gs described in these subse4uons would app ear to include the saJe of real property in violation otthe statutozy requirements disqusscd above. We do not know whether a court would hold that article 974d-44 to applies all govcrn+:ienta1 acts and J)rOCffliings of any sort or whether a court would conclude that the legislature did nor; intend anicle 974d-44 to validate those acts or proceedings not relating lo the general cat egories �ifically described in sections 2(a), 3, 4. 8, and 9, We have not found a case applying a validatin g statute to the sale of real property by a city in violation of any of the iequircmentS set forth in the itatutozy provisions. discussed above.1' On the other hand, il is a well..esblblisbed rule of statutory capstruction that validating acts are to be liberally construed. ls Because the effect of a validating stantje t>f this kind on a city's failure adhere to 1hesc statutory requirements prior lo ��lling p� 12nd app� to be a question of first ;mprcssion that has not yet been considered by the eowts, we arc unabl� to provide a definitive answer to this question. i
�.T.C.S. art. 974d-44. § 2.
told.§ 3.11/d. §4.
121d. § 8.
llJd. § 9.
1 'Dowling v. Cit)' of£[ PtUo, S2.5 S.W.2d 539, 541-42 (Tcx.;av. App.-l31 Paso 1975, writ rcf'd n.r.c.),9ugge,b but does not cxpreMly hold thal a we or real property was a "g�vemmcntal prooeedillg" within the meaniflsof a wnilt\r validation stll.!lltt. 15Su, e.g .• Pukins v. Staie, .367 S.W.2d 140 (Tex. 1963); Q��fMason v. Wesz Tu. Util. Co., 237 S.W.2dZ73 (Tex. 19Sl).
JUN 27 '9? 10:16 .:::,.., ""'?� t:=C:-"'7"'""
0
r,.
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JUL 18 •97 13:33 FR SEN.JERRY PATTERSCJ-l 713 948 0004 TO 281482�722
"1b/2'7/97 10:02 ATTOR!-EY GEN/OP!NlCNS 5124632110
P.07/07
007
The Honorable Jerry Patterson -Page 6 (I.097-051)
S.UMMAR 1 lf a city owns, holds, or claims real property as a public park, the city
must adhCt"C to Local Government Code sectiori 253.001 �fore conveying
the property to a private individual. In additio� Parks and Wildlife Code
chapter 26 roquires a city to provide public n.btfoc and a he-.:aing before
"approv[ing] any program or project that �ui�s the use or taking of any
publiv land designated and used prior to the a.�ement of lbe program or
project as a park." Parks & Wild. Code § 26.ooi(a). If city real property is
designated and u$¢d as a park, 1hen the city mµst aloo comply with thC$C
requirements prior to selling il !
Yours v� truly, �1� Mary R. Crouter
Assistant Atto,;ney General
Opinion Comtftlttee
Jt.k,J Z7 '97 10=16 C:::1? ...,..,-, er.,,... -----
>IOI< TOTAL PAGE.07 *� -
,.
aFIDAVIT AS TO DEBTS AND LIE NS (SELLER'S/BORROWER'S/C ONTRACT OR'S AFFIDAVIT)
STATE OF TEXAS
COUNTY OF GALVES'l'ON
* * * GP �r-8 7 5 9 314 5 7
BEFORE l:'.iE, The un dersigned authority, personally appeared the unC:ersignea a£ficmt (herein ca11ec1 "Affiant", wbetbC=r one or 1,,0.re), p€:rsonally kn0\·1n to ;ne to be tlie person \·;l10se narne is subscribed hereto, and wi10 upon tl:iis outh states as follm·1s:
1.Aff iani: is ei ther the owner of or a cont:cuctor ·who has const ructedimproveraents upon, or both, the follow in9 desc ribed rec.11 �;roper ty ( herein called t�e "Property"), to-wit:
A TRACT OR PARCEL OF LAND CONTAIHIHG 1.1544 ACRE OR 50,284 SQ. FT.
BEING RECREATIONAL RESERVE "B", BLOCI� TWO ( 2) OF REGENCY ESTATES
SUBDIVISION NO. 1, GALVES r.CON COUNTY, 'rEY];.S, ACCORDING TO THE UAP OR PL.AT
THEREOF RECORDED IN VOLUi-E 15, PAGE 180 OF THE GALVES'l'ON COUNTY I-IAP
RECORDS, Sl':.ID l .154L1 P..CRE TRl';.C rr BEING ilORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS OH PiTTACHED EXHIBIT "A".
NOTE: THE COI-iPANY IS PROHIBITED FR Oicl INSURING THE AREA OR QUJIJ,1TITY OF
THE LAND DES CRIBED HEREIN. ANY STATEl1IENT IN THE AB OVE LEGJI..L DESCRIP'l'ION OF
THE AREA OR QUANTI'l'Y OF LAND IS NOT A REPRESENTI.TION T'tlll.T SUCH AREA OR
QUANTITI' IS CORRECT, BUT IS r-:IADE ONLY FOR INFORl-'.iATIONA:i:. I,1:D/OR
IDEN'l'IFICZ,.TION PURPO SES AND DOES NOT OVERRIDE I'I'EI1 2 OF · SCHEDULE "B 11
HEREOF.
2.To indu ce Texas American Title Company ("Tatco"), as agent for itstitle insu rance underwriters , to issue a policy or policies of title insu rance in connection with the Property, Af£iant inakes the followins:; statei.1ents of fact, all of which c.tre witl'iin the personal knowledge oi Affiant:
A.That a££ iant owes no past due Peeler al or Sta tE: tc:.�res and tb at thereare no delinsuent Federal assesLlents presently existin� �gainst.?\:Efiant, 11nd Uiat no Federal or Stc:.te ta�{ or other lien::; i1ave been
• • • , ""f • • • • • ' �1i�u a��1nsc A�£1anc •
B.'l'lia·c ci.:.0:c2 ttr2 no clelin.:.,.ue;:nt St..;l.::2,Cou11'�.i, Cicy, Scl-1001 Disl.:rict, \L..:1'C.u:.c lJi�C.:t::i(..;·i.:, or uC ... ,'-.!r �ovcrn!H8!1� .. :!l i'.i��r1c:c-.... :Jc....: .. ;s.� .... : '-t1:_)�,1,ii"l:�;t t.i 1 2 l)i.·v1:,�r·t:.l .. -!�·.r.:�. t:.r:.�t no c: ...... ..:�
, .. d..,. r; C. .. .4 L. � 1 ·��JU 1: ·.: �{ 1 ... .:. tl r .. i Ci �. \.... l 1 T 7 c.:.� i: (; .L' :) i. . .: -� .L.: i C t: ,
: ?'\ ., ,: < ! t; •I l.J. , �,; i.. j :) �-J lJ .!� l: .. ._,., : � .! ., •:
t ... 1��0� cJu:.:: or O\J i;-i� Oi:
�; L� l ·� i"l 1..1.S ;)2�n iil2(1 b_/
v;..· (;t..1��.: 00vu:ci�,.�,c!nl:ul �. I •
1.... n.L.L .LctLlOJ:.' cUlG hlu·.:erJ.d.L µsec: lfl Lili::: c.;uo;:;.:..1.:uc.;L.J.Vfl U.L J.illJ!!.UVClllt.:111...::, v .. r&Jairs on t�e Property have been paid for und thare are now no unpaid •lcibor or ir,aterial claims against the improvements or repairs on thePrope:rty, und l�ff iant her�by declares that all sur,1s of money due forthe e1.·2ction of improvernents or repairs have been fully paid andsatisfied and there are no Mechanic's or l1atcrialman's li�ns againsttile Property.D.That there are no paving liens of any kind or character or claims forpaving outstanding against the Property i:!nd tlwt Aff iant has not sign ed any petitions fo:c the paving of any street or alley adjac ent to the Prop'irty and knows of no petitions being ci rculated for the pave1i1ent of tlie streets, alley, or side1.rnlks adjacent to the Property. E.That there are no judgement liens filed against Af.i:.:iant.F.That there are no suits pendiny against Affiant in any court,or State.Federal G.That Affiant knows of no adverse claim to t�e Property and that so farH. as Aff iant knows there are no enc roachments or overlappingimpr0ve1aents or boundary conf 1 icts.That there un recorded, none, state are no outstanding llome improvement loans, recor:Jea or for improveiaents or repairs to the Property, c�cept as ( if "None") : _.,✓·· I.That Ai�iant has not heretofore sold, contracted to sell, or conv�yedany part of the Property other tl1an in connection with the transactionfor whici'1 tiiis Affidavit is given.J.That tliere are no un paid debts for elec tric or plumbing fixtures,water heaters, furnaces, ai r co nditioners, radio or television anten nae, carpeting, ru gs, ir.ciga tion syste,ns, blinds, ,·1indow shades, drape ries, elect ric appl ian ces, fences, or any other personal property or f b;:tures loc a tea on the Prope rty, and that no such items have been purchused on time payment contracts, and there are no security in terest on such personal property or fixtures secured by financing stateillents, security agreements, or otherwise , except the-fol low ing (if none, state "None"): Secured Party Approximate Amount
L
? 2 I(. That-there are no outstandins loans of any kind incurred in connection \-J.i..b1 L,e Property and tiiere are no liens asainst b,e ?:coper-i:y e:i�cept th� followiny (if none, stdte "None"): Creditor .ll.ppro�,:i rnate Amoun t ·� ;(;; r
�� �3. This Affidavit is made as an indu cement to Tatco to close the transacti on for wliich tiiis Affidavit is given, and Af[icmt realizes that Tatco is relying upon the representations contained herein. Affiant does hereby swear under d1e penal ties of pe rjury tiiat the fore9oinsi info.i:r,1ation is true and correct in all respect s. Words of.any gender used in this Affidavit shal l be held and construed to include any other sender, and words in the si �•Jular numbers shall be held to include tiie plural, and vice ver Sa, un less tlie conte:..:t re<:i:ui res otherwise. WITNESS my hand this the 13th day of DECEBBER, 1993. Sworn to and subs cribed this the 13th day of DECE:,.iBER, CITY lvel y ,-s New 1'1,(AA.I
CITY OF FRIENDSWOOD m . DEOO?AH REED f.f+)] r�Jti:y f"i�isi, s�� of r�y� �� Y-�_,:J Mt C,1mm;ssi;,;1 E:•;:lres -..,::_� r���J • , .... ,- • �,-"' •11',,.-,;,,i�-.__. �tlt:-i:!_: 22, i !·;;:o. • .
'ii�rg:;-��.,+!i•'@(,fl:.U,,r:4-'";'J��
TATCO 115 10/29/93 cc: Evelyn Newman, Mayor
Jon Branson, P. & Rec. I -1 I T�xas AmericanTitle Company TRAN SM ITT AL Attention MAYOR NEWMANN Re: Date: 10-25-93 GF# 875-93-1457 To: THE CITY OF FRIENDSWOOD 109 WILLOWICK FRIENDSWOOD, TX. 77546 Seller: THE CITY OF FRIENDSWOOD Purchaser: Street Address: We genuinely appreciate your title order and are eager to serve you in a manner that will assure your continued confidence and good will. In connection with the sale of the captioned property: ( xx)Enclosed is our � ) commitment. ( ) Please note title requirements.) survey. ) restrictions. Please furnish us with a copy of the Earnest Money Contract. Please advise us of Buyer's mortgage lender and loan officer. Please advise us of the correct loan number on the existing loan, so that we can order assumption figures. Please advise us of the correct loan number on the existing loan so we can order payoff figures. Please advise us of inspection company, costs, and any repairs. Please advise us of anticipated closing date. Please find enclosed check for pay-off of loan # _________ . Please forward an executed release to us. Please execute and return enclosed release. Seller's new mailing address is: ____________ _ Please find enclosed check for assumption transfer fee, Assignment of Escrow Account, and copy of recorded deed. ID04 Oth er PLEASE ADVISE IF YOU WOULD LIKE FOR US TO ORDER SURVEYS? Other Your promptness in replying to the requirements listed above willhelp us complete our file. Thank you for your assistance. Sincerely, �L Escrow Uttlcef Address Phone
CQj>ll-iOfji:JE.AL zq L.Z��D TI i:ILE It-J SUR�l-�CE C0�-1PJ�t-JY
SCHEDULE A
GF Ne. Or File No.: 875-93-1457 ComLlitment No.: Effective Date Of Commitment: 30 SEPTEl·iBER 1993 03:00 O'clock il •• E. Issued *********** 08:00 0 1 cloc� A.�. R�le �c.(s) R-3
1.The polic�z or policies to be issued a-:-:. •.I. -- •
(A)?orr.1 T-1: O\mer PoliC;/ of Title Insurance(Not ,Apj?licable For Improved One-To-Four Fa;:nilyResidential Re61 Estate)
Proposed Insured : TO FOLLOH
(B)Ferra T-1?.: Te::as Residential Owner Policy ofTitle Insurance -One-Tc-Four Fa1uil}T Resid2ncesProposed Insured:
(C)Fcri:l T-2: Hortsagee Policy of Title Insurance
Proposed Insured : Proposed Borrower: (iJ) Fcr:.i T-13: I·1or tgagee Title Policy Binder On Interim Cons tr uc ti on Loan
Proposed Insured : Proposed Borrower:
(E)O�ber :
Proposed Insured :
.�.mount: $� �t:jC: ';�� - , '-' c; _, • " •.�
Amour: t:
Arncun t:
Arnoun t:
Amount:
2.The interest in the land cov2red b�i tli.is Commi traen t is: FEE SII<iPLE
,.J • Racord Title to the iand on the Effective Date appears to be vested in.: CI TY OF FRIENDSWOOD
4.Legal description of the land:
ALL THOSE TWO (2) CERTAIN TR.u.CTS OR P.ARCELS OF LJl..1-:D CO;':-JTAitHNG 3.:J ACRES A!'-�D 1.2 ACRES AND BEING RESPECTIVELY DESCRIBED AS RECREl�TIOt: RESERVE "A 11 M-1D R:CCREATION RESERVE "B" ON THE PLAT OF REGENCY ESTAT.2:SSUBDIVI SIOH, A Su"BDIVI SION OUT OF SE-..RAH 1-'lCKI SSICK LEAG�JE IN GALVES'tOi.� COUNTY, TEXt\S, ACCORDING TO THE i'"iAP OR PLAT THEREOF R:2CORDE.u IN VOLUi:-i:: 15, PAG:: 146 ET SEQ., OF THE MAP RECORDS OF GP.LVESTON COUNTY, E::t;.S.
STA?"£ BOJ>.RD OF IN SIJF.A.NCE ( 01-01-9 3) SCHEDULE .i.\ cm�TI!•"!UES ON ,.��,�m ':"�.,-,"':1' t.'1.W �-... .l. .,r; i-;� L
�.
SCEEDULE B E1�CEPTION S FRor.-:i. COVE:aAGE
In addition to the Policy will not cover �rom:
Exclusio�s and Conditions and Stipulations, your loss, costs, attorneys' fees, and e�penses resulting
The following restrictive covenants cf record iter,·,ized below ( �·�e must -'-. either insert specific recording data or delet2 this exception}: VOLm:z 15, P.D,,GE 146 OF 'E·IE KP..P RECORDS; IN VOLUI-lE 3352, PAG:C 830, BOTH IN ':'EI: OFFICE: OF TEE COUNTY CL::RIZ OF GALVESTON COUNT"i, TEXAS, THOSE RECORDED UJ:,:D:::::;: GALVESTON comJTY CLERK'S FILE NOS. 8100�72; 8637631 _'.il.,2.:;D 3637632.
� ,._ .Any discrepancies, conflicts, or Si"lor tages in arez:::. or bounde<ry lin2s, or any encroachments, or pr otrusions or any overlappins; of i4'.prov��rr.ents.
3.Hemes tea.dspouse of any or cornmun i ty pr ope r ty insured. (Applies to or survivorship the Own2r Policy rights, only.) 1.r an�z, of any
4.M').' ti tles or rights asserted by anyone, including, but not li:dteC: tc,j_x::rsons, the public, corporations, governments or other entities,
&. To tidelands, or lands comprising the shores or beds of nav igaoL: or perennial rivers ar:,,d strearr:s, lakes, bays, gulfs or OC(!ans, or
b.To lar1dsestablished or beyond the changed by line of .!...t-\...lit: harbor ai.7.y government, or
c.To filled-in lands, or ar ti f ici a.l islands, or
or bul1�l1ead lines .S,£·
d.To statutory water rights, including riparian rishts, or
e.To the area ex tending fr om the line of m-2an low tid-2 tc the line ofvegetatior�, or t:1e rights of access to that an:a or easar:iC:mt alons anc1across tl1a t area.
(l'i.pplies to the Owner Polic:z' only.}
5.Standby ::ees, ta;-�es and assessrr,ents by any ta:;.{ing authority fer tbe:i:'e&r 1993 and subse(_iuent yea.rs, ano subsesuent taxes and 3ss,2ssments by ai--iyta:.dng authoritl'' for prior :z•ears due to chan9e in land usase er ownershi:J .
I: 6.':'he terms and conditions of the: docu;ne!"lts crenting yoi.:r interest in t:,:c�land.
7.l-later ials furnishGd or labor performed in connection with plann-2c1construction be£ ore signing and delivering the lien document des er ibed inSchedule A, if the land is part of the homestead of the owner. (Applies t�the Mortgag-::e Title Polic:z' Binder on Interi;;, Construction Loan only, ar:Cmay be deleted if satisfa.ctory evidence is furnished to us befor2 a binc:2ris issued.)
8 • Liens ai."'1c1subordinate to PoliC:i only.)
leases that the lien of affect the the insured
STATE BOJ>.RD OF INSURANCE (01-01-93)
title to h1or tgage. tne la.:,,c;, (Applies but that ar2 to Mortgas�2
SCHEDULE B CO�;TDJUES ON NE:i':T P�\GC::
SCE:CDULE B GF 87 59 31457
9 •
(A). A ::?IPELINE El',S£i,iENT OF UNDETERNINED FEET IN WIDTH ALONG THE
SOUTHERLY PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOW�i ?ER TdE RECORDE:U
PLAT TEEREOF. (AS TO RESERVE 11B")
(3). f-\1·� EP..SEi-lEr-JT SI10::TEE!'J (16) FEET
PROPER'l"'Y LINE OF THE STJBJECT PR OPZRTY FOR
IN WIDTH ALONG THE NORTE:C:?�ST
PUBLIC UTILITIES, AS Sr-IO:·:-t� PI:R
THE ?.ECORDED PL i\T TEEREOF. (AS TO RESERV E II A 11)
(C). Al.'\! u'NOBS'IRUCTED A.ERIF-L EASEi1iENT ADJOINING THE .ABOVE. r,IJ::NTION:SD
UTILITY El-1.SEI--lENT, BEING TEN FEET IN WIDTH, FROH .A. PLP.NE 1WEKTY FEET N-30'.JE
TEE GRODr{D UHJ.D,.;.1.D, AS DEDICATED PER T"dE RECORDED PLAT TH:2REOF. (i'.I.S TO
RE SERVE: II A II )
(D)• A 'ill.P..l-J SHI SSION LI NE EASEJ:.lENT GRPBTCD TO TEXAS - !'-�E·w HEXICO Po:n=�-
COi--iPANY BY INS'IRUI<i.ENT RECORDED UNDER CLERi�'S FILE NO. 8709434 OF TI·L�
com,iTY CLERI( Is RECORDS o::e GJ.LVESTON COUNTY, TEXAS, CROSSING SUBJECT.'
PROPERTY AS SE'I' FORTE TI-{EREIN. (AS TO RESERVE "A 11 )
(E). A.."l i!:ASEI-i.ENT EIGIIT (8) FEET IN WIDTH .ALONG T"nE SOUTifriEST _;;.2-J.J
SOUTHEAST PROPERTY LINES FOR USE OF PUBLIC UTILITIES, P..ND AN UNOBSTRUC-.;.·l'�.u
AERIJ.IL EASEt-�ENT ADJOINH�G THERETO TEN (10 ') FEET WIDE FROM A PLANE T I7EN71
(20 ') FEET ABOVE T'r:E GROUND UPHF.RD, AS SHOWN BY THE RECORDED PLAT OF SA.ID
SUBuI VISION. (AS TO RESERVE 11 A 11 )
(F). RESERVATION OF l/32ND NON-PARTICIPATING ROYALTY INTEREST, TEE
ROYAL TIES, BONUSES, RENTP.L S AND ALL O?riER RIGHTS IN CONNECTION 'v7ITH · SAII.:i
ROYALTY !UGETS, BONUSES AND RENT1�S AS DESCRIBED IN DEED FROi-1 HOUSTON Bfl-JI,
AND TRUST COi:-lPANY, 'D?-USTEE, ET.2L, TO HENRY N. SHAFFER, TRUSTEE, DJ>.TED
DECEHBER 11, 1964 OF RECORDED IN VOLUI✓.E 1671, PAGE 315, IN SAID COUI:-;TY
CLERK'S RECORDS, AFFECTING PF-.RT OF THE ABOVE DESCRIBED PROPERTY.
(G). CONVEY.ZU\'CE OF AN UNDIVIDED 1/2 INTEREST IN THE ROYALTIES, UI�D:CR
AN UNDIVIDED 8/lGTHS INTEREST, TEE ROYALTY RIGHTS, BONUSES A..�D RE�7T.?-.L S F�S
DESCRIB:CD IN DEED FROi:-'i D.S. CAGE COI·-lPA..'\Y TO GLEN .D. PEELER, DF.T'i.:D OC'I'05E:::
27, 1944, OF RECORD IN VOLill•ill 687, PAGE 317 IN SAID COUNTY CLERK'S RECORDS
AFFECTING PART OF THE l=.BOVE DESCRIBED P?-.OPER'I'Y.
(E). RES:::RVATION OF l/20TH OF l/l6TH ROYALT'I INTEREST, THE ROYALTIZS,
.BONUSES, RENTF-LS �.ND AI,.L OTHER RIGHTS IN CONNECTION WITH SAID ROYAL'.2Y
RIGI-iTS, BONUSES Ai.'\D RENTALS ;..s DESCRIBED IN DEED FR01'1 BRUCE I•lADDOX TO R:::�
CLA'i?Srn�, DATE0 AUGUST 3, 1962, OF RECORD IN VOLUHE 1515, PAGE 120 OF SAID
COUNTY CLERK'S R:CCORDS, AFFECTir.;G P.P-.RT OF THE ABOVE DESGUBED PROPERTY.
(I),. RESERVATION OF 3/10TE OF l/16TH ROYALTY INTEREST, THI: ROYJ..I,'I'IES,
BONUSES, RENT.11L S AND ALL OTHER RIGHTS IN CONNECTION WITH SAID ROYAL?1
RIGHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FROi.01 LYDL;. CAGE TO RE:�
CLAWSON, DATED AUGUST 3, 19 62, OF RECORD IN VOL rn-lE 1511, PAGE 255 OF SAID
COU�;TY CLERK'S RECORD, EFFECTING PP..RT OF THE ABOVE DESCRIBED PROPERTY.
(J). I·1AINTENE'.NCE crn:a.GE AS SET OUT IN VOLUME 3352, PAGE 830 OF Tr:::
COUNTY CLERi<' S . RECORD OF GllLVESTON CO UNT'-1, TEXAS. PAYABLE TO RI:GE�JCY
ESTATES HO.i:-IBOHNERS ASSOCIATION, INC., ( SUBORDINATED) SAI:;J i:,�.iUNTENA.N'CE IS
NOT BEING CCT..,I,BCT.::D AT TtII S TLE.
00.Zli.SEI•:iENT GRAN':'ED TO TBXAS-�mw HEXICO POHER COI-lPANY AS SET O'J?
S'.!:.ll..TE 30.!:..RD OF INSURJ:..NCE (01-01-93) SCHEDULE B COWl'INUE S Ot,: NEXT P.�GZ
SCHEJIJL2 B GF 875931457
Fl-JD RECORDED UNDER COUN'l'Y CLERIZ' S FILi:-1 CODE NO. OF THE---c!OUN:'Y CLER?( OF Gli-LVESTON COUNTY, TEXAS. Z O 2-9 6 -16 5 6 , I �-J THE OFFI c::
(L}. l�LL r-lINERALS RESERVED AS RECORDED IN VCJLlli-lE 3352, Pl�.GE 830, IN THE OFFICE OF THE COUNTY CLERK OF GALVEST0::--1 COUNTY, TE:{AS. { SURFACE RIGETS W}\IVED TI{EREI N)
(i-i.) • ;17AIVER OF SURFACE RIGHTS AS SET OUT AND RECORDED mrnER COUNTY CT.,E�i{' S FILE NO . 8407629, IN TEE OFFICE OF THE COUNTY C..ER:Z OF GI-\LVEST0�-1 COUNTY, TE:C�S.
(N). THE SUBJECT PROPERTY T...:IZS i-1IT}l:I:t·� THE 30UN:CA..�IZS OF CL::A?, � --<1-• �.· \..,.,;:-...�.L. ... '-DRAINAGE DIS'IRICT. (OHt-JER POLICY ONLY)
SCFIBDULE C
Your Po lic2' will not ccv-2r loss, costs, attcrn,2:i'S' fe:2s, a.nd e:::;?ens2s res ul ti119 f� cw tt1e fclloi-1ing r equir emen ts that i�1ill appe �r as :S;:cepti c.ns Schedule B of tile :?olicy, unless you dispose oi these wattcrs tc sati sfaction, before the date the Policy is issued. our
1.Document.s creating yourr:ius t be signed, notarized cmd title or interest must be filed ior re�ord. approved D:i' us c:nJ
2.Satisfactory eviJGnce must be provided that:
*no peison occupyins the land cl2ims any interest inthe persons named in paragraph 3 of Schedule A,
tha: land against
*all stc..ndby fees, ta:-:es, assess men ts and charses as;ains t the pr op::r tyhave been paid,.
*all iir,provern8i:ts or repairs to the property are completed and acceptedby the owner, and that all contractors, subcontractors, laborers D.t:c1suppliers have been fully p.::id, and tbat �c mechanic's, labor2r 's ormc1terialrr,.en's liens hc1ve attached to the property,
*d:ere is legal right of access to and from the land,
*( on a r-lor tgagee Pol.i,.cy only)be violated that aff�ct themortgage.
;:c-:str ictions have not been validity ar1d priority of and will not the insured
3.You must pay the seller or borrower the agr 2ed amount for }1 our property or interest.
4.An.Y defect, lien, or other n-iatter thc:i.t filay affect title to the land orinterest insured, that arises o:r is filed after the effective date of tl:isCom,ili t.nen t.
5.
(,.;) • t-JOTE: ilE Fif�D THE SUBJECT PROPER TY. ll .. N OF ANY UNRECORDED LIEN OR SECURITY INTEREST IN THE STATE BO.t\.RD OF INSURANCE
NO OUTST.Ai."\JDI NG 2lOR TGAGE LIENS OF RECORD AFF�CTI'.'·"!G INQUIRY SHOULD BE i-'lADE cmJC:::RNING THE EXI STENC OTHER IN:iJEB TEDNESS ;'iHICH COULD GIVE RI SE TO ANY SUBJECT PROPER TY. ( Cl-01-9 3) SCHEDULE C COt•71'INUES ON NEXT Pl-.GI:
SCI-IEDULZ C GF 875931457
NO'l'E TO CL OSER:
TITLI: IS VESTED AS SEOHN ABOVE BY VIRTUE OF GENERAL m��R�:TY DEED, DATED Sr:PTELBER 8, 19 81 AND FILED FOR RECORD NOVEr•lB:ER 5, 19 81 UNDER GliLV.SSTOi:J COUNTY CLERI(' S FILI: NO. 81318C 2.
SCHEDULE D
Pursuant to the requirements of Rule P-21, Basic Manual and Forms for tbe writing of Title Insur�nce in the State following disclosures are made:
of Rul(::S, of Te:.;c.s,
Rat2s
tbe
l.Coml1'onwealth Lene Title Insurance Comp�ny is a \-,holly owned subsidiaryof Reliance Gr cup fioldings, Inc. Reli a.nee Group Holdings, Inc. Had consolidated assets in exc2ss of $11 billion dollars at December 31, 1991. Reli�nce Group Holdings securities are publicly tr c,cleo on the t-:ew York a.nd Philadelphia Steck Exe hanges . Commom1ealth Land Title Insurance Company's officers and directors at Deceraber 31, 1991 were as follows:
Herbert i;·Jender Chair man & CEO Frederick L. Tomblin President & COO.Ste:phen H. Weatterjy Sr • V • P • & Con tr o 11 er Edward P. Locher Sr. V .P. & Treasurer James J.D. Lynch Jr. V • P • C( Sa er e tar y Joseph N. Buchrr,2.n Sr. Vice President
Ge or 9 e E • Be 11 o James J.D. L1nch Jr. I:
OFFICERS,
Clifford L. Collins Sr. Vice President Robert J. Hauser Sr. Vice President Gary C. Kidd Sr. Vice President Leroy F. Kin9 Sr. Vice President James P. Kozel Sr. Vice President i·:-ayne L. Lev ins Sr. Vice President
DIRECTORS
Irving Morgenroth Robert M. Steinberg Saul P. Steinberg
Irv ins I--lor genr ot2 E�:ec. Vice Pres id-:.:;�: H.Robert Nc:,f tz ingG�Sr. Vice Presie,::,, tGary L. 0pp2r Sr. Vice Pr2sic":2:-,t John P. Rapp Sr. Vice Praside�t James J. Ryan Sr. Vice Pr es ider:;: Jef fr:ey C. Selb�' Sr. Vice Pre:sicsr-.:.:
Frederick L. Tombli� Herbert Wender
2.The following disclosures are m.:.de by the Title Insurance Agent issuinsthis Cornmi tr.,en t:
The (a) sn:::reho lders owning or controlling, directly or indirectly, 12�or more of the shares of Te;rns American Title Company, (b) officers ofTe::-�as American Title Company, an.d (c) directors of Te::,as Anericun �itl2Company, with all such informution bein•; as of the last day of t:1e 'j·e:::�imraediately piece eding the date of this Commitment, ar e as follows:
SHA.'R.EHOL DER S OFFICERS DIRFCTORS
I-:ERBER T L. WILL I,i'.1.i-lS HERBER� .1.J • '(·JILL IANS r-:::ERB ER T L • �·JILL I _a�\'l S
STATE 30l<.RD OF IN SURAN CE ( 01-01-9 3) SCHEDULE D CONTHJUES ON N:CXT ?_1)._Gi:'.
SCHEDULE D GF 875931457
President and Treasurer
CYNTHIA ;\..�N WALL Vice-President and Secretary
3� You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this corilr.1itr.-,ent relates. Upon your rec,;:uest, such disclosure vlill be made to you. Additionally, t;,e name of any person, firm or corporation receivins; any sum from t�1e settlement of this transaction will be disclosed on the closing or settlement s ta tem2n t.
You are further advised that the estimated title premium* l. C: • -.
0 1;mer s Policy Hor tgagee PolicyEndorseraent ChargesTotal
$278 .00
N/A **$0.00 $ 27 8. 0 0
Of this total amount: $52.82 will be paid to the �olicy issuing Title Insurance Company; $225.18 will be retained by the issuing Title Insurance Agent; and the remaindP r
of the �stimated premium will be paid to other parties as fellows:
Arnoun t To Whom For Services
$ _____ _
$ _____ _
$ _______ _
*The estimated prer,1 um is belsed upon infor..r,aticn furnished tc us as oithe date of this Comm tnen t for Title Insur ancG. Fin�l ae ter min a ti en ct the amount cf the pr er.,i um will be made at clcs ir:g in ace or dance with tte Rules and :2egulctions adopted by the Statz Boar-d of Insurance:.
I: ** i:-: o t av a i 1 able
COUNTERSIGNED:
COl-1.i•iONW-P J.iL TH L Ar� D TT 'ILE IN SUF. AN CE COI•:i.? ANY ( Unden,r i ter)
STNI'E BOAR:) OF INSURA.�CE (Cl-01-93) CONS'lRUCTED 3Y l·JP.B/JC
....;""•
T.CXAS lll-iERICAN TITLi:' COI-iPANY
(Agent)
(Authorized Officer)
SCHEDULE D GF 87 59 31457
This Commitment is invalid unless the insuring provisicns and Schedules
A, B and C are attached.
I:
STATE BOARD OF IN S'(JRA.i.'-JC::Z ( 01-01-9 3) CONSTRUCTED BY 1:'·i'RB/ JC
•
�� ... I I T�xas American ··t>�;1·1 ,,_,,, ,(, Title Company
.•;' ..
. ' I. 2. 3.
02-08-85UNIMPROVED J>ROP ERTY EARNEST MONEY CONTRACT This Contract Is Limited To Transactions Where Intended Use Is For One-To Four Fami·ly Residences
PROMULGATED BY TEXAS REAL ESTATE COJ'rlMISSION
PARTIES: City of Friendswood (Seller)agrees to sell and convey to Richard w. Stapp (:Suyer)andBuyer
agrees to buy from Seller the property described below. PROPERTY: Lot Recreation Reserve 11611
City of Friendswood
CONTRACT SALES PRICE:
'Block Regenc,y Estates Addition, Gal yes ton . County, Texas, or as described on attached e�hibit (the Property).
A.Cash payable at closing .............................................................................. $,-=3'-',..,,O<.,O"-'5"------B.Sum of all financing described in Paragraph 4 below ..................................•.................... $, __ __,..___ ____ _ C. Sales Price (Sum of A and B) ...................................................•.•................... $,_..3'-""',...,,O...,O"-'5"'------
4.FINANCING: (Check applicable boxes below)
-�' ......
ll .... , -,
IX] A.0 B .ALL CASH: This is an all cash sale; no financing is involved. ASSUMPTION:
(I) Buyer's assumption of the unpaid principal bal'!-11ce of a first lien promissory note payable to ---'------�----------in present monthly installments of$, ______ , including principal, interest and any reserve deposits, with uyer's first installment payment being j)ilyable on the first installment pay_ment _date after closing, the assumed principal balance of which at clo · ng will be $, _______ _
(2)Buyt:r's assumption of the unpaid principal balance of a second lien promissory note payable to -----+-------------
. in present monthly_ installments of.,_ _____ � including principal, interest and any reserve depos· , with Buyer's first installment payment being payabl� �n the first installment" payment date" after closing, the assumed principal balance of whic at closing will be $, _______ _Buyer"s assumption of an existing note includes-all obligations imposed by the deed of trust securing the note.
If the total principal balance of all assumed loans varies in an amount greater than $350.00 at closing either arty may terminate this contract and the Earnest Money shall be refunded to Buyer. If the noteholder on assumption (a) requires Buyer to pay ari assumptio fee in excess of$, __________ in B( 1) above or .._ __________ in B(2) above and· Seller declines to pay such excess or (b raises the existing interest rate above _____ % in :S(l) above or _____ % in 8(2) above, Buyer may terminate this contract 'and the Eames oney shall be refunded to Buyer. The cash payable at closing shall be adjusted by the amount-of any variance in the loan balance(s) shown above. NOI'ICE TO-BUYER: Monthly payments, interest rates or other terms of some loans may be ad' sled after closing. Before signing the contract, examine thenotes and deeds of trust to determine the possibility of future adjustments.
0 C. THIRD PARTY FINANCED:
. 0 I,-A third party _ fJISf lien. note 9f -----------,--, due in full in +-----Year(s), payable in initial monthly payments pf principal and interest not exceeding $, __________ for the first ---,,__ ___ year(s) of the loan. 0 2. A third party second lien note of$,__________ _ ____ year(s), payable in initial monthly payments of principal and interest not exceeding $---------,.----for the first -;-----_year(s) of the loan. NOI'ICE TO PARTIES:· Before signing this contract Buyer is advised to de rmine the financing options from lenders. Certain loan _s have variable rates ofinterest, some have monthly payments which may not be sufficient to pa,Y. e ·accruing interest, and some have interest rate "buydowns" which· reduce therate of interest for part or all of the loan term at the ex �nse of one or m e of the parties to the contract.
0 D. SELLER FINANCED: A promissory note from Buyer to Seller .
and payable: ;, __________ � bearing ___ % interest per annum,
0 I. In one payment due -------------,<'-------fter the date of the· note with interest payable _________ _ 0 2. In installments of .,___________ J including interest [ J plus interest beginning _______________ _ after the date of the note and continuing at 'ntervals thereafter for _____ year(s) when the entire balance of the note shall be due and payable. .... , ' O 3. Interest only in--------,--' _____ year(s) and thereafter in installments of$, ________ _ �•,-.. · [ · J including interest [ J plus interes gmnmg _____ _....fter the date of the note and continuing at ____________ _ intervals thereafter for______ (s) when the.entire balance of the note_ is du� and payable. 0 4. This contract is subject to Buyer fu shing Sell� evidence of good credit within _____ ..uays from the effective date of this contract. If n�tice. of disapproval of Buyer's credit i .. not given _within five (5) days thereafter, Seller shall be deemed to have approved Buyei:'s credit. Buyer hereby authorizes Buyer's credit report be furnished to Seller .. . ,. ·-• :,,.-
Any Seller financed note may be epaid in whole or in part at any time, without penalty. The lien securing payment of such note will be inferior to any <,. lien securing any loan assumed given in.connection with third party financing. If al) Owner's Policy of Title Insurance is furnished, Buyer shall furnish �.ti i. Seiter with a Mortgagee's Tit! Policy. 11 ��,, ·. Buyer shall apply for all third party fi cing or noteholder's approval of Buyer for assumption and waiver of the right to accelerate the note within ____ _ i . , 1· 1 days from the effective date of this ontract and shall make every-reasonable effort to obtain the same. Such financing or assumption shall have been approved when irir '!· ·, • :r•s financial conditions, e.g., s'ale of other property, requirement of co-signer or financial verifications. If such financing Buyer has satisfied all of
. . �is n�obtained wjthine days from the effective date hereof, this contract shall terminate and the Earnest Money"", shall be refunded to ��l p.ctl_ � �/'I-.
5. EARNEST MONEY. � /_5'"0 • � S ·is herewith tenderf<l. by Buyer and is to be deposited as Earnest Money withof Friendswood . at 109 E. Wi I owi CK .. (Address). scrow Agent·, upon execution of the _contract by both· parties. O Additional Earnest Money of -0-shall be deposited by Buyer with _ �ci,w Agent on or before · · · ¢� · , 19 ___ .. �- -� Jseller shall furnish to Buyer at Jst�ither: . • A. � Owner's Policy of Title Insurance (the 'Title Policy) issued by _·...,T'-'e ... x'-'-"'a...,s..._.A .... m,.,_,,.e..,r_,.,_· c:><.>:ae.:.n,__T..__,_i_,t:..;l:...;e==-------------------i · -in the amount of the Sales Price and dated at or after closing: OR
0 B. Abstracts of Title certified by an abstract company (I) from the sovereignty to the effective date of this contract (Complete Abstract) and (2) supplementedto the Closing Date (Supplemental Abstract). NOI'ICE TO SELLER AND BUYER: AS REQUIRED BY LAW. Broker advises Buyer that Buyer should have an Abstract covering the Property examined by an ,. , -attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is to be obtained, Buyer should ·obtain a Commitment for Title Insurance (the Commitment) which should be examined by an attorney of Buyer's choice at or prior to closing. If the Property is situated in a Utility District.
./ 292 TREC No .• 9-1
Unimproved Property Earnest Money Contract -Page Two , ..... ,\· ·,.. ,,·. · 02-08-85 • '
-� ,I : ....... • • • Section �0.30 I Te xas Water Code requires the Buyer to sign and acknowledge the statutory _notjce 'frqn;i _S�IJ.er relating to the tax rate and bonded indebte dness of . the District. · . · .·•·. .. · ·,.,�,r-· 7.PROPERTY CONDITION: Buyer accepts the Property in its present condition, subject only to.·_ ·_._,a....,.s_·_j._,s.._· .... _. _,·:...·•··_· _______________ _
8.
9.
BROKER'S FEE:---------------------------------, Listing Broker, and any Co-Broker represent Seller unless otherwise specified herein. Seller agrees to pay Listing Broker the fee specified by separate agreement between Listing Broker and Seller. If there is
no separate agreement, Seller agrees • to ·pay Listing Broker in fll /A . County, Te xas, on consummation
of this sale or on Seller's default a total cash fee of-------,.----�-of the To tal Sales Price or' upon Buyer's default, one half of the Earnest Money paid to Seller not to exceed the amount of cash fee. Escrow Agen ted to pay Listing Broker said.fee from the sale proceeds.
CLOSING: The closing of the sale shall be on or before D� 3 . . . . , 19-9.3.. or within seven (7) days after objections to title have been cured, whichever date is · later (the Closing Date); however. if financing or assumption approval has been obtained pursuant to Paragraph 4, the Closing Date shall be extended daily up to fifteen (15) days if necessary to complete loan requirements. If either party fails to close this sale by the· Closing Date, the non-defaulting party shall be entitled· to exerci se the remedies contained in Paragraph 15 •immediately and without notice. · ··· • _& -�:
(1; •• -��-� • ·' ' f
10. POSSESSION: The possession of the Property shall be delivered to Buyer at closing . ..... ; ·::.: (:._ ..
11 ... SPE�IAL PROVISlO,NS: (�n__sert_factual statements _ and busines/�etails applica:'bl� _1� this sale;) ff · ;.;:·);> �
1.Buyer to pay all closing cos t. cµ--t. � Cjoo ---l;iJ/
2.Buyer to pay all taxes from date of closing till end of year and will'be.billed direct. •-.·· ·''('
12. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING:
I,�:
.--�.�-... ..... . .
A. Loan appraisal fees shall be paid by -'-''-'-'-'---------------------------------;._ ____ _
B. The total of the .loan discount and buydown fees shall not exceed$ ______ of which Buyer shall pay the first$ ______ ...,nd Seller shall pay the remainder. C. Seller's Expenses� Prepayment penalties on any existing loans paid at closing, plus cost of releasing such loans and recording releases; tax statements; ½ of any escrow fee; preparation of deed; preparation and recording of any deed of trust to secure assumption; other expenses stipulated to be paid by Seller under · other provisions of this contract. · · ·
D. Buyer's Expenses: Application, origination and commitment fees; private mortgage insurance premiums and any loan assumption fee;· expenses incident to new loan(s) (e.g., preparation of any note. deed of. trust and other loan documents, survey [unless stipulated to be paid by Seller in Paragraph 20], recording fees, copies of restrictions and easements, Mortgagee's Tit!e Policies, credit reports, photos); ½ of any escrow fee; any required reserve deposits for ad valorem taxes and special governmental assessments; interest on all monthly installment payment notes from date of disbursements to one ( 1) month prior to dates of first monthly payments; expenses stipulated to be paid by Buyer under other provisions of this contract. .. · · · • ·
E. If any sales expenses exceed the maximum amount herein stipulated to be paid by either party, either party may. terminate this contract unless the other party agrees to p_ay such excess. , , ·'· , .� 13. J'ROR ATIONS AND TAXES: Interest on an/assumed loan, current taxes, any rents and maintenance fees_shall be prorated throµgh the Closing Date. If ad valorem taxes for the year in wh _ich the sale is closed are not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. ··•
If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, such additional taxes shall be the obligation of the Buyer and such obligation shall survive closing. If Seller's change in use of the Property prior to closing or denial of a special use valuation claimed by Seller results in the assessment of additional taxes for periods prior to closing, such additional taxes shall be the obligation of Seller, and such obligation shall survive closing.
14. TITLE APPROVAL: . . A.If abstract is furnished, Seller shall deliver Complete Abstract to Buyer within twenty (20) days from the effective date hereof.' Buyer shall have twenty (20)days from date of receipt of Complete Abstract to deliver a copy of the examining attorney's title opinion to Seller,• stating any objections to title, and onlyobjections so stated shall be considered. . . .• . . B. If Title Policy is furnished. the Title Policy shall guarantee Buyer's title to be good and indefeasible subject only to (I) re�trictive covenants affecting the Property (2) any discrepancies. conflicts or shortages in area or boundary lines. or any enc.roachments, or any overlapping·o_r improvements (3) taxes for the current and subsequent years and subsequent assessments for prior years due to a change in land usage or ownership (4) existing building and zoning ordinances (5) rights of parties in possession (6) liens created or assumed as security for the sale consideration (7,>_u�lity easements common 10 the platted subdivision of which this Property is a part and (8) reservations or other exceptions permitted by the terms of this contract. Exceptions permitted in the Deed and zoning ordinances shall not be valid objections to title. If the Title Policy will be subject to exceptions other ihan those recited above in sub-paragraphs (I) through (7) inclusive, Seller shall deliver to Buyer the Commitment and legible copies of any documents creating such exceptions that are not recited in sub'paragraphs (I) through (7) above at least five (5) days prior to closing. If Buyer has objection to any such previously undisclosed exceptions, Buyer shall have five (5) days after receipt of such Commitment and copies to make written objections to Seller. If no Title Commitment is provided to Buyer at or prior to closing. it will be conclusively presumed that Seller represented at closing that the Title Policy would not be subject to exceptions other than those recited above in subparagraphs (I) through (7). C. In either instance if title' objections are raised, Seller shall have fifteen ( 15) days from the. date such objections are disclosed to cure the same, and the Closing Date shall be extended accordingly. If the objections are not satisfied by the extended closing date, this contract shall terminate and the Earnest Money shall be refunded to Buyer, unless Buyer elects to waive the unsatisfied objections and complete the purchase. D. Seller shall furnish tax statements showing no delinquent taxes, a Supplemental Abstract'wlien applicable, showing no additional title exceptions and a General Warranty Deed conveying title subject only to liens securing payment of debt created .or. assumed as part of the consideration, taxes for the current year, restrictive covenants and utility easements common to the platted subdivision of which. the Property is a part and reservations and conditions permitted by this contract or otherwise acceptable to Buyet. Each note shall be secured by vendor's and deed of trust liens. A vendor's lien and deed of trusi'to secure assumption shall be required, which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall ·not be required. In case of dispute .as to the form of the Deed, note(s). deed of trust or deed of trust to secure assumption, forms prepared by the State Bar of Te xas shall be used.
15. DEF AULT: If Buyer fails to comply herewith, Seller may either (a) enforce specific performance and seek such other relief as may be provided by law or (b) terminate this contract and receive the Earnest Money as liquidated damages. If Seller is unable without fault, within the time herein required, to (a) deliver the Commitment-or (b) deliver the Complete Abstract. Buyer may either terminate this contract and:receive the Earnest Money as the.sole remedy or extend the time for performance up to.fifteen. (15) days and the Closing Date .shall be extended pursuant to other provisions-of this contract. If Seller Jails to comply herewith for any other reason, Buyer may either (a) enforce specific performance hereof and seek such other relief as may be provided by law or (b) terminate this contract and receive the Earnest Money, thereby releasing Seller from this contract. ·
. \ : ,-.· --� . ·,,·: .... ·. !6. ATTORNEY'S FEES: Any signatory to this contract. Broker or Escrow Agent who is the prfvailirig party'in any legal proceeding brought under or with relation to this contract or transaction shall be additionally entitled to recover court costs and reasonable attorney fees from'the non-prevailing party. -. . .
17. ESCROW: The Earnest ·Money is. deposited with'Escrow Agent with the understanding that Escrow Agent (a) is not a party to this contract and does not as _sume or have any liability for performance or non-performance of_ any signatory (b) has the right to require from all signatories a written release of liability of th¢ Es�row Agent which authorizes the disbursement of the Earnest Money ( c) is not liable for interest or other charge on the funds held and ( d) is not liable fo� a_ny loss.es ofescrow funds caused by the failure of any banking institution in which such funds have been deposited, unless such banking institution is aciing as Escrow. Agent. If any signatory unreasonably fails to deliver promptly the documents described in (b) above, then such sigriatofy·shall be liable to the other signatoiies�as··provided in Paragraph 16. At closing, the Earnest Money shall be applied first to any cas� down payment required, then to B_uyer's,closing costs·and any excess_ref\1ri<!,�cho Buyer. Any refund or payment of the Earnest Moriey 'under this contract shall be reduced by the amount of. any .actual expenses incurred on. behalf of tlie party receiving the Earnest Mon ey, and Escrow Agent will pay the same to the creditors entitled thereto. � •,.;'' ... ··. 18. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no unrecorded liens; assessments or Uniform Commercial Code Security , Interests against any of the Property which will not be satisfied out of the Sales Price, unless securing payment of any loans assumed by. Buyer and (b) that assumed loan(s) will be without default. If any representation above is untrue on the Closing Date this contract may be terminated by Buyer and the Earnest Money shall berefunded to Buyer. All representations contained in this contract shall survive closing. 2 9 2···-
TREC No. 9-1
-�-
Unimproved Propeny Earnest Money Contract concerning Recreation Reserve II B II Page Three 02-08-85 < Address of Propeny) 19. USE AND UTILITIES: The intended use or the Propeny by Buyer is I single family dwelling J ·multiple family dwelling or _________ units I I mohilc home. Utilities required at the Propeny for such use are I I water I I sanitary sewer I. .XI gas I XI electricity IX I telephone I I __________________ . If Buyer ascenains that applicable zoning ordinances. restrictions or governmental laws . rules or n:gula-tions prevent such intended use or that such required utilities are not available. or that the Propeny is located within the 100 year noo<l plain as designated by the appri)priate gov.:mmental authority. and Buyer so notifies Seller within _____ days from the eflective date of this contract . then the same shall tem1inate and the Earnest Money shall be refunded to Buyer: failure on the pan of Buyer to give-the notice within the required time shall constitute Buyer's acceptance of the Propeny for Buyer's intended use. 20. SURVEY: I X I required I I not required . If required. then within 18 ,days from the effective date of this contract a current survey of the Propenyshall be furnish.:d by and at the expense of I I Seller I X I Buyer by a mutually acceptable Registered P.ublic Surveyor licensed by the State of Te xas. A plat or the survey together with any appropriate field notes shall be furnished to Seller and Buyer. The survey shall locate all improvements. encroachments and overlappingof improvements on the Propeny. together with all easements and roadways adjoining or crossing the Propeny.21. AGREEMENT OF PA RTIES: This contract contains the entire agreement of the panies and cannot be changed except by their written agreement. Te xas Real Estate Commission promulgated addenda which are a pan of this contract are <list):-------------------------------22. NOTICES: All notices shall be in writing and effoctive when delivered at the addresses shown below. 23. CONSULT YOUR ATTORNEY: The Broker cannot give you legal advke. This is intended to be a legally binding. rnntract. READ IT CAREFULLY. Fcdcr:il law may imptN: ccnain duties upon Brokers or Signatories to this rnn1ract when any of the signatories is a foreign pany. or when any of the sig.natori.:s n:,:civcs c.:c,1:,in amounts of U.S. currency in connection with a real cs1a1e closing. If you do not understand the cffe,·1 of any pan of this contruc.:t. consult your :111omey BEFORE signing. SELLER'S ATTORNEY:-------------------BUYER'S ATTORNEY:--------------------EXECUTED in multiple originals ertective the ,9 day of k .19�. (BROKER: FILL IN THE'DATE OF FINAL ACCEPTANCE.)City of Fr iendswood
Ricbard W, Stano 'lik':, .,Buyer /CJ-19-9.3
531 N. Heather Ln. Friendswood.,_ TX ZZ5A_6_ Buyer's Address (713) 482-0329 Phone No. Mayor Evelyn B. Newman Seller g 4 L7 .a. X �'-(.� J G. �� /�-&:--73Seller 109 E. Willowick, Friendswood, TX ZZ5A.6___ Seller's Address (713) 482-3323 Phonc No. AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay I . Co-Broker. a fee of ___________ ,of the total sales price when the Broker's fee described in Paragraph 8 is received. Escrow Agent is authorized and directed 10 pay Co-Broker from Listing Broker's fee at closing. Co-Broker License No. Listing Broker License No. By: ________ -,--__ _ By: _____ _ Co-Broker's Address Phone No. Listing Broker's Address Phone No. EARNEST MONEY RECEIPT Receipt of$ __________ Earnest Money is acknowiedged in the form of ________________________ _ Escrow Agent:--------------------------By: _____________ _ Date:---------------· 19 __ _ The fom1 of this rnntrac.:t has been approved by the Te xas Real Estate Commission. Such approval relates to this contr-Jc.:t lom1 only. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex transactions. Extensive riders or additions are not to be used. (Rev. 02-85) TREC No. 9-1. This liim1 replaces TREC No. 9-0. 292
10/29/93 cc: Evelyn Newman, Mayor
Jon Branson, P. & Rec. I Texas American Title Company
TRAN SM ITT AL
Attention MAYOR NEWMANN Re: Date: 10-25-93
GF# 875-93-1457 To: THE CITY OF FRIENDSWOOD
109 WILLOWic::K
FRIENDSWOOD, TX. 77546
Seller: THE CITY OF FRIENDSWOOD
Purchaser:
Street Address:
We genuinely appreciate your title ord�r and are eager to serve you in
a manner that will assure your continued confidence and good will.
In connection with the sale of the captioned property:
( xx)Enclosed is our ID( ) commitment. ( ) Please note title requirements.
) survey.
) restrictions.
Please furnish us with a copy of the Earnest Money Contract.
Please advise us of Buyer's mortgage lender and loan officer.
Please advise us of the correct loan number on the existing loan, so
that we can order assumption figures.
Please advise us of the correct loan number on the existing loan so we
can order payoff figures.
Please advise us of inspection company, costs, and any repairs.
Please advise us of anticipated closing date.
Please find enclosed check for pay-off of loan # _______ _
Please forward an executed release to us.
Please execute and return enclosed release.
Seller's new mailing address is: ____________ _
Please find enclosed· check for assumption transfer fee, Assignment
of Escrow Account, and copy of recorded deed.
IDrn Other PLEASE ADVISE IF YOU WOULD LIKE FOR US TO ORDER SURVEYS?
Other
Your promptness in replying to the requirements listed above will
help us complete our file. Thank you for your assistance.
Sincerely,
�/ &crowOffice
Address
I
CO.i>ll-iONWEAL TH LAND TITLE IN SURP-l�CE cm1PANY
SCHEDULE A
GF No. Or File No.: 875-93-1457 Com�itment No.: Effective Date Of Commitment: 30 SEPTE14BER 1993 08:00 O'clock A.t-:I. Issued *********** 08:00 0 1 clock A.M. Rule No.(s) R-3
1.The policy or policies to be issued are:
(?.) Fo.rr.1 T-1: Owner Policy of Title Insurance (Not Applicable For Improved One-To-Four Family Residential Real Estcte)
Proposed Insured : TO FOLLOH
(B)Fcrm.T-lR: Te��as Residential O\mer Policy ofTitle Insurance -One -To-Four Family ResidencesProposed Insured:
(C)For;-:i T-2: 1-lortgagee Policy of Title Insurance
Proposed Insured : Proposed Borrower:
(D)Forril T-13: f·1or tgagee Title Policy Binder OnInterim Cons truction Loan
Proposed Insured : Proposed Borrower:
(E)Other:
Proposed Insured
;..mount: $3,005.JG
Amount:
Amount:
Amount:
Amount:
2.The interest in the land covered b�f this Comrai tmen t is: FEE Siff?L�
.J •
4.
Record Title to the }and on the Effective Date appears to be vestGd in:CI TY OF FRIZNDSWOOD
Legal description of the land:
ALL THOSE n·m ( 2) CERTAIN 1RACTS OR PARCELS OF LAND CONTAINING 3 .2 ACRES .!\!'�D 1.2 ACRES AND BEING RESPECTIVELY DESCRIBED AS RECREi:..TIOt� RES"ERVE 11 .D-." AND RECREATION RESERVE "B" ON THE PL.AT OF REGENCY ESTATiS SUBDIVISION, A Su13DIVI SION OUT OF SP...Rli.H f-'l.CKI SSICIZ LEAGUE IN GALVESTCr COUNTY, TEXI>.S, ACCORDING TO THE HAP OR PLAT THEREOF �ECORDEu IN VOL m-;·: 15, PAG.'2 146 ET SEQ., OF THE HlQ RECORDS OF GJI.LVESTON COUNTY, T.E;:AS.
S1'.r;.TE B01'.RD OF IN SUF.ANCE ( 01-01-9 3) SCHEDULE A CONTINUES ON NEXT Pr.:..GI:
...... ..: •.
SCHEDULE B EXCEPTIONS FR01•i COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorneys� fees, and expenses resulting fr om:
1.The following restrictive covena11 ts of record i ter.1ized be low (WG musteither ins ert specific recording data or delete this exception); VOLffi.lE
15, P.�GE 146 OF THE MAP RECORDS; IN VOL'ffi.1E 3352, PAG:C 830, BOTH IN THI:OFFICE OF THE COUNTY CLERK OF GALVES TON COUNT'.i, TEXAS, THOSE RECORDED UED:SR
GALVESTON COUNTY CLERK'S FILE NOS. 8100472; 8637631 A.�D 8637632.
2.Any disc repancies, conflicts, or shortages in area or boundary lin{:s,or any encroachments, or: protrusions o.r any overlapping of ir..provements.
3. Homestead or COiiununi_ty property or surv ivorship rights, if any, of anyspouse of any insured. ( Applies to the Owner Policy only.)
4.An 1• titles or rights asse:rted by anyone, including, but not limiteC: to,pe::rsons, the public, corporations, governments or other entities,
a.To tidel ands, or lands cornpr ising the shores er beds of nav igabl,2 orperennial rivers and streams, ·lakes, bays, gulfs or oceans, or
b.To lands beyond the line of the harbor or bul!�head lines .;;;.sestablished or changed by any government, or
c.To filled-in lands, or ar tificia.l islands, or
d. To statutory water rights, including riparian rights, or
e.To the area. ex tending fr om the linevegetation, or the rights of access to·across that area.
of mean lm•.; tide to the line of that area or easer:ient along and
{Applies to the Owner Policy only.)
5.Standby fees, taxes and assessrr,en ts by any ta�ing au i:hor i ty for theyear 1993 arid subsequent years, and subsec:;:uent tax1:s and ass,2ssments by anytaxing aut!1ority for prior years due to change in la.11d usage er o.-mershi:-'•
I:
6.:'he terms and co nditions of the documents er ec:. ting _y oc:r interest in th-.:land.
7.Hater ials furnished or labor performed in co nnection with plannec1construction befor e signing and delivering the lien document desc ribed inSchedule fl., if the land is part of the homestead of the owner. ( Applies t::::the Mortgagee Title Polic:{ Binder on Interim Construction Locn only, a.r:Cmay be deleted i £ sa ti sf actor y evidence _is furnished to us before a bir;.cl�ris issued.)
8.Liens andsubordinate toPolic2· only.)
leases that the lien of affect the the insured
STATE BO.Z..RD OF INSURANCE (Gl-01-93)
title to L.1or tgage.
the la:,d, (Applies but that ar ,_:, to f�1or tgagP.��
SCHEDULE B CONTINUES ON NB:ZT P�'l.G:C
SCHI: DtJL E B GF 87593145 7
9 •
(A). A PI PELINE EASEHENT OF UNDETERMINED FEET IN WIDTH ALONG THE SOUTHERLY PROPERTY LINE OF THE SUBJECT PROPERTY, AS SHOWN PER THE RECORDED PLAT THEREOF. (A S TO RESERVE "B")
(D). Al� EASEHENT SIXTEEN (16) FEET IN WIDTH ALONG THE NORTHEAST PROPERTY LINE OF THE SUBJECT PROPERTY FOR PUBLIC UTILITIES, AS SHO'i"iN PER THE RECORDE D PLAT THEREOF. (AS TO RESERVE "A")
(C). AN UN03S1RUCTED AERIJ.L EASENENT ADJOINING THE P.BOVE. HENTIONED UTILITY El--1.SENENT, BEING TEN FEET IN HIDTH, FROH A PLJ...NE T.'JENTY FEET ABCNE THE GROUND UPW.Ai.'{D, AS DEDICATED PER T'"dE RECORDED PLAT THEREOF. (il.S TO RESERVE "A")
(D)• A 'IR.AN SHI SSION LINE EASENENT GRANTED. TO TEXAS -ti!EW HEXICO PO'.-lEF.COi·-iPll.1\IY BY IN STRUI<iEN T RECORDED UNDER CLERi,' S FI LE NO. 87 09 43 4 OF Tff:.-: COUNTY CLERK'S RECORDS O:F GALVESTON COUNTY, TEXAS, CROSSING StJBJECT PROPERTY AS SET FORTH THEREIN. (AS TO RESERVE "A")
(E). A.I\J EASEI-iENT EIGHT (8) FEET IN WIDTH ALONG THE SOUTHWEST AND SOUTHEAST PROPERTY LINES FOR USE OF PUBLIC UTILITIES, ,AND AN UNOBST.RUC�.i:':u li-.:CRI-PL EASE.t-iEN T ADJOINING THERE'I'O TEN ( 10 ') FEET WIDE FRa•l A PLANE T'i'I:SN ?1 (20 ') FEET ABOVE T'dE GROUND UPi·lPRD, AS SHOWN BY THE RECORDED PLAT OF SAID SlJBDIVI SI ON. ( AS TO RE SERVE 11 A 11)
(F). RESERVATION OF l/32ND N'ON-PA..�TICI PATING RO YAL'IY INTEREST, TEE ROYALTIES, BONUSES, RENTJ.LS ll.ND ALL OTclER RIGHTS IN CONNECTION WITH -SAI:G ROYAL TY RI GHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FRQr,l HOUSTON BloJ-JK AND TRUST CmiPlil'JY, 'TI<.USTEE, ETP.L, TO HENRY N. SHAFFER, TRUSTEE, i)ATED DECEHBER 11, 1964 OF RECORDED IN VOLill✓.E 1671, PAGE 315, IN SAI D COUrJ� CLERK'S RECORDS, AFFECTING PA..-q_ T OF THE .ABOVE DESCRIBED PROPER TY.
(G). CO:NVEYANCE OF AN UNDIVIDED 1/2 INTEREST IN 'IHE ROYALTIES, UI:rnER Ai.� UNDIVIDED 3/lGTHS INTEREST, THE ROYALTY RIGHTS, BONUSES AND RENTJ:.L S P..5 DESCRIBED IN DEED FROI-'i D.S. Cli.GE COHPA.i.1\JY TO GLEN D. PEELER, DP.TED OC TOBE2
27, 19 44, OF RECORD IN VOLUME 687, PAGE 317 IN SAID COUNTY CLERK'S RECORDS AFFECTING PAR 'I' OF THE ABOVE DESCRIBED PROP.ER TY.
(E). RESERVATION OF l/20TH OF l/16TH RO YALTY INTEREST, TEE ROYALTIES, .BONUSES, RENTALS A."t-JD �L OTHER RIGHTS IN CONNECTION WITH SAID ROYAL'J."'Y RIGHTS, BONUSES AND RENTALS AS DESCRIBED IN DEED FRON BRUCE i·lADDOX TO Rr:::: CLAWSmJ, DATEiJ AUG UST 3, 1962, OF RECORD IN VQLUHE 1515, PAGE 120 OF SAID COUNTY CLERK'S RECORDS, AFFECTING P.ART OF THE ABOVI: DESGUBED PROPERTY.
(I). RESERVP.TION OF 3/10TH OF l/16TH RO YALTY INTEREST, THI: ROYllLTIES, Brn.JUSES, RENTJ,L S AND ALL OTHER RI GHTS IN CONNECTION WITH SAID ROYAL T'l RIGHTS, BONUSES Ai"\JD RENTALS AS DESCRIBED IN DEED FRCT-1 LYDL!"i. CAGE TO In::� CLAWSON, DATED AUGUST 3, 1962, OF RECORD IN VOLUI:-lE 1511, PAGE 255 OF SAID COUNTY CLERK'S RECORD, EFFECTING PP..R T OF THE ABOVE DE SCRIBED PROPER TY.
("J). I-iAINTEN;.J-JCE CHA..�GE AS SET OUT IN VOLUME 3352, PAGE 830 OF TEl: COUNTY CLERiZ' S . RECORD OF GllLVESTON COU�JT'-1, TEXAS. PAYABLE TO REGEi'.JCY ESTATES HOHEONNERS AS SOCIATION, INC., ( SUBORDINATED) St.E) I:,j_AINTENANCE IS
NOT BEING COLLECTED AT THIS TL-i.E.
(K). E.P-.SEl-'i:ENT GRA.�TED TO TEXAS-t�EW i-"lEXICO POHER COI-iPANY AS SET OU'.:' ST.'=i.T.E BOARD OF INSURk'JCE (81-01-93) SCHEDULE B CONTINUES Ot,: NEXT P.;G:
SCHEDULE B GF G7 59 31457
Fl-JD REC<;)RD:CD UNDER CO UNTY CLERK'S FILr:l CODE NO. GG2-96-165G, DJ THE OFFIC:: OF THE-sc!OUNTY CLERK OF GilLVESTON COUNTY, TEXAS.
(L). ALL MINERALS RESERVED AS RECORDED IN VGLffi•1E 3352 , PAGE 330, IN THE OFFICE OF THE COUNTY CLERK OF GALVESTO� COUNTY, TE�{AS. ( SURFACE RIGHTS i·IAIVED THEREIN)
(i•l) • ';•7J..IVER OF SURFACE RIGHTS AS SET OUT k."'l'D RECORDED mmER COUNT'! CLER.i(' S FILE NO. 8407629, IN T"dE OFFICE OF THE COUNTY CLER!� OF GALVESTOI.•1 COUNTY, TEXAS.
(N). THE SUBJECT PROPERTY LIZS WITHEJ T"clE BOU!�DARIES OF CLEA..-;:;. CREZ'.:� DRAINAGE DIS'IRICT. (OWNER POLICY ONLY)
SCHEDULE C
Your Polic:z' will not cover loss, cos ts, at tcrneyz' fe�s, ;:;nd e:�penses resulting from the follo\·1ing requirements that will appec..r as Excepticns :..:! Schedule B of the Policy, unless you dispose of these raatte:.rs tc our satisfaction, before the date the Policy is issued.
1.Documents creating your ti tle or interest must be approved by us 2mJraust be signed, notarized c.nd filed £or re.cord.
2.Satisfactory evicJence raust be provided that:
*no person occupying the land cl2.ims any interest in th.:1: land againstthe per sons named in par a·;-r apb 3 of Schedule A,
*all standby fees, ta�{es, assessirien ts and charges a9ains t the propertyhave been paid,.
*all irnprovem8nts or repairs to the property are completed and acceptedby the owner , and that al 1 con tr actors, subcontractors, labor er s c:::.EC:suppliers have been fully paid, and· that nc mechanic's, labor2r 's ormute.rialmen's liens have attached tc the propGrty,
*there is legal right of access to and frora the land,
*( on a Nor tgagee Pol:i,.cy only)be violated that affect themor tgase.
restrictions hc.ve not been validity &"1d priority of
and will no� the insurecl
3.You must pay the se ller or borrower the agreed a::lount for :lourproperty or interest.
4.Any defect, lien, or other r:1atter that lilay affect title to the land erinterest insured, that arises or is filed -after the effective� date of tbi.sComri:.i tmen t.5. (A). NOTE: WE FIND NO OUTSTA.l."\JDING i'IORT'G.:'1.GE LIENS OF RECORD AFF:SCTH;G THE SUBJECT PROPERTY. ill-J INQUIRY SHOULD BE t·'.iADE CONC:::RNING THE EXI S'IENCE OF A..N'Y UNRECORDED LIEN OR OTHER INDEBTEDNESS ';•i'HICH COULiJ GIVE ::USE TO Ai'-7"...' SECURITY INTEREST IN THE SUBJECT PROPERTY. STATE BOARD OF INSURANCE (Cl-01-93) SCHEDULE C CO!-:TINUES ON NEXT PAG::
SCI"1EDULE C GF 875931457
NOTE TO a, OSER:
TI TL:C IS VESTED AS SH0HN ABOVE BY VIRTUE OF GENERAL HA.."(R.s.'I\JTY DEED, DATED ;.t.PTEl-'iBER 8, 19 81 AND FILED FOR RECORD NOVEMBER 5, 19 81 UNDER GALVESTON COUNTY CLERK'S FILE NO. 813180 2.
SCHEDULE D
Pursuant to the requirements of Rule P-21, Basic i•lanual of Rules, Rat2s and Forms for the writing of Title Insurc:-tnce in the State of Te::as, the following disclosures are made:
1.Commonweal th Land Title Insurance Company is a ;•1holly owned subsidiaryof Reliance Group Holdings, Inc. Relia11cc::: Group Holdings, Inc. Had co nsolidated assets in excess of $11 billion dollars at December 31, 1991. Reli�nce Group Holdings securities are publicly traded on the New York and Philadelphia Stock Exchanges. Commom-1ealth Lan9 Title Insurance Company's officers and directors at December 31, 1991 were as follows:
Herber t Wender Chair man .;, CEO Frederick L. Tomblin Pr es iden t & COO Stephen H. Weatherby Sr. V.P. & Controller Edward P. Loe.her Sr. V.P. & Treasurer James J.D. Lynch Jr. V .P. a Secretary Joseph N. Buchm2� Sr. Vice President
Geo.r ge E. Bello James J.D. Lynch Jr. I:
OFFICERS,
Clifford L. Collins Sr. Vice President Rober t J. Hauser Sr. Vice Presioen t Gary C. l.{idd Sr. Vice President Leroy F. King Sr. Vice President James P. Kozel Sr. Vice President Wayne L. Lev ins Sr. Vice President
DIRECTORS
Irving Morgenroth Robert M. Steinberg Saul P. Steinberg
Irving Morgenroth Exec . Vice Presid0n: H.Robert Naftzing2r
S V. p . - . r.ice res:,.c.;r2,1:: Gary L. Opper Sr. Vice Pr2sident John P. Rapp Sr. Vice Pr1;sid�n c James J. Ryan Sr. Vice Presid2;;;.:. Jeffrey C. Selby Sr. Vice P!:eSiC2'."; '.:
Frederick L. Tor..bli:1 Herber t Wendar
2.The following disclosures are m�de by the Title Insurance Agent issuingthis Commitment:
The (a) shc.reholders owning or controlling, directly or indirectly, lG�or more of tbe shares of Te�as American Title Company, (b)· officers ofTe;�as American Title Company, and (c) diri2ctors of Te:iaS -�□ericur1 Titl"'Company, with all such informc:i.ticn being i:lS of the last day of t�,G yea.:imm�diately p�eceeding the date of this Commitment, are as follows:
SHAREHOLDERS OFFICERS
HERBERT L. 1:--JILLIJ'.l.l:·1S �RBERT L. STA'I'E B0l<.RD OF IN SURAN CE ( 01-01-9 3)
DIRi'CT0RS
I-JILL I Jl1•1 S r:ERB ER T L • �'JILL I p..J,l S
SCHEDULE D CONTINUES ON N:CXT PAGI:
-: ... .,: .....
SCHEDULE D
President and Treasurer
CYNTHIA A.�N WALL Vice-President and Secretary
GF 875931457
3.You are entitled to receive advance disclosure of settlement charges inconnection with the proposed tr ans action to which this corar:1i tmen t relates.Upon your request, suc h disclosure will be made to you. Additionally, tbename of any person, firm or corporation receiving any sum from thesettlement of this tr ans action will be disclosed on the closing orsettlement s ta ter..en t.
You are further advised that the estimated title premium* is:
Ovmers Policy Nor tgagee Policy Endorsement Charges Total
Of this total arrioun t:
$52.82
$278 .00 N/A **$G.(30 $ 27 8. 0 0
will be paid to the policy issuing Title Insurance Company;
$225.18 will be retained by the issuing Title Insurance Agent;" and th e remainder of the estilliated premium will be paid to other parties as fellows:
Ar.:oun t To Whom For Services
$ ____ _ $ ____ _ $ ____ _
*The estimated premium is bc:tsed upon infor;nation furnished tc us as oithe date of this Commi tr:.en t fer Title Insur unce. Fin�l deter min a ti en of the amo unt of the prer.,ium will be made at clcsing in accordance with tb=: Rules and rtegulations adopted by the State Board of Insurance.
,. **Not av ailuble
COUNTER SIGNED:
COi:-lEONl·J"P.J.IL TH LP.l�D TI 'ILE IN SUR.AN CE COMPANY ( Under:.,r i te.r} STJ;,TE BOARD OF INSURANCE {01-01-93) CONSTRUCTED BY tJRB/JC
GF 875931457
STATE BOARD OF IN 01-01-9 3)
...
. ·1,
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·-. •.:,_ t�. . . ... . ' . ' . . .. : : ·.
i20.00 II
I °' 2 3 �
�-\1=C)!:l_ ,���-�. i
tn IO
/2,/0
t .. --·' . . . . . .
"
4 'It' \l:,Q \-,t; =IO ,,
5 IO . ;.�?>-� :. ill /30</ /.?O�UE ---
27 = = 26 =: 25 == 24 = 23
� 'iii
2·
. .
I �
l:'lt' -,,, 110.00-in
10• BL.
30 . .....,
90.00-,.
8 \ "Z.O1 \. 1..C'
� 2· = 3
------
6· :
0 29 : 28 �
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-4 � 5 = 6
16UE -----
27 :: 26 :: 25
•,' �-:"\ '"?.,(",:.\ \ ".l_ ('.I�
:
:
AFFIDAVIT OF PUBLICATION � <?3-/?
State of Texas
County of Galveston
REPORTER NEWS
P.O. Box 954
Friendswod, Texas 77546
I, Laura Emmons, hereby certify that the notice hereby appended was published in Galveston County in
the REPORTER NEWS, a newspaper for general circ ulation in Galveston County and Brazoria County, for I issues, as follows:
No. I Date 1;,zz.. 19
No. z Date Cj-U 19
V No.3 Date 1-2--""L-19
No. Date 19
No. ----•Date 19
Subscribed and sworn to before me this zj day of 4--(f--
19 i)g
C.. :.---/_o ,5V
�
# �
/.:_;,::.:,:, ... ,......... ·····--
q1 13
73··
NOTICE TO PROPOSERS
CITY OF 'FRIENDSWOOD, TEXAS
BID NO. 93-19
SEALED BIDS IN DUPLICATE
ADD RESSED TO THE CITY OF
FRIENDSWOOD, AT TN. DELORIS
MCKENZIE, CITY SECRETARY, WILL
BE RECEIVED AT FRIENDSWOOD
CITY HALL, 109 WILLOWICK,
FRIENDSWOOD, TEXAS UNTIL 2:00
P.M., TUESDAY, SEPTEMBER 28,
:1993 AND AT THAT TIME PUBLICLY
OPENED AND READ. FOR THE.FOL ·
LOWING: ... m,,,,
SALE OF RECREAT ION RESERVE
"B," .REGENCY ESTATES
BIDS SHALL BE SU BMITTED IN
SEALED ENVELOPES CLEARLY
MARKED WITH BID NO. 93-19. ALL
BID PROPOSALS SHALL BE
ACCOMPANIED BY CASHIERS
CHECK UPON A NAT IONAL OR
"STATE BANK IN T�E AMOUNT OF
FIVE (5%) OF THE TOTAL _BID
AMOUNT PAYABLE TO THE CITY OF
FRIENDSWOOD, AS A GUARANTEE
THAT THE BIDDER WILL ENTER
INTO A CO NTRACT WITHIN FIFTEEN
(15)DAYS AFTER NOTICE OF
AWARD. THE CITY OF
FRIENDSWOOD RESERVES THE
RIGHT TO REJECT ANY AND ALL
BIDS AND TO WAIVE ANY INFQR•
. MALITY IN BIDS RECEIVED .
PLANS, SPECIFICATIONS AND BID
DING DOCUMENTS ARE AV AILABLE
FOR REVIEW DU RING REGULAR
BUSINESS HOURS AT THE CITY
SECRETARY'S OFFICE, AND PARKS
AND RECREAT ION DEPARTMENT
AT 109 E. WILLO WICK,
FRIENDSWOOD, TEXAS.
**THE PERSON TO CONTACT FOR
ADDITIONAL INFORMATION: JON
BRANSON AT {713) 482-3245.
DELO RIS MCKENZIE, CMC
CITY SECRETARY
CITY OF FRIENDSWOOD