HomeMy WebLinkAboutGeneral Warranty Deed - Charles L Russo and Deborah G Russo - 301 W CASTLEWOOD AVE GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Galveston§ THAT,Charles L Russo and Deborah G Russo hereinafter known as Grantor(whether. one or more), of the City of , State of I4_, CS ,for and in consideration of the sum of Five Hundred Ninety Thousand Six Hundred Twenty and 35/100 Dollars(5590,620.35) to Grantor paid by the City of Friendswood, Texas, the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said City of Friendswood, Texas, hereinafter known as City, its successors and assigns,the following described property situated in the City of Friendswood, Texas. 301 W Castlewood Ave, Friendswood,TX 77546 Part of Lot One (1),Block Five (5), Friendswood Subdivision, a subdivision in Galveston County, Texas, according to the map or plat recorded in Volume 238,Page 14 and transferred to Plat Record 7,Map No. 20 in the Office of the County Clerk of Galveston County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the Northeast line of said Lot One(1),Block Five(5), and being South 45 deg. 00 min. 00 sec. East a distance of 20.00 feet from the North corner of said Lot One (1); THENCE South 45 deg. 00 min.00 sec. East along the Northeast line of said Lot One(1), a distance of 640.00 feet to an iron rod marking the East corner of said Lot One (1); THENCE South 45 deg. 00 min. 00 sec.West along the Southeast line of said Lot One(1) a distance of 172.00 feet to the center Line of Coward's Creek; THENCE upstream along the center line of Coward's Creek as follows: South 76 degrees 20 minutes 07 seconds West 106.25 feet North 69 degrees 02 minutes 02 seconds West 40.38 feet • North 26 degrees 15 minutes 11 seconds West 86.27 feet North 31 degrees 57 minutes 47 seconds West 38.65 feet North 38 degrees 34 minutes 10 seconds East 68.30 feet North 11 degrees 48 minutes 09 seconds West 19.17 feet North 55 degrees 01 minutes 20 seconds West 59.48 feet North 23 degrees 23 minutes 51 seconds West 48.80 feet North 76 degrees 01 minutes 17 seconds West 113.14 feet North 62 degrees 17 minutes 01 seconds West 138.66 feet South 87 degrees 12 minutes 29 seconds West 32.03 feet THENCE North 45 deg.00 min.00 sec.West 50.00 feet to an iron rod in the Southeast right-of-way line of Castlewood Drive; THENCE North 45 deg.00 min. 00 sec.East 280.00 feet to the Place of Beginning and containing 3.3 acres of land, more or less. The above described property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement(including any drainage or flood control easement) open or proposed, in front of,at the side of, adjoining,or within the above described property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the above described property, (3) all reversionary rights attributable to the above described property, and (4) all rights of ingress and egress to the above described property by way of open or dedicated roads and streets adjoining the property. This conveyance is made by Grantor and accepted by the City subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Galveston County, Texas, relative to the above described property, but only to the extent the same are applicable to and enforceable against the City. This conveyance is further made subject to the restrictions and conditions contained in Exhibit"A"attached hereto and made part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said City, its,successors and assigns, forever, and Grantor does hereby bind himself,his,herself,her itself, its themselves, their, heirs, executors and administrators, its successors and assigns to Warrant and Forever.Defend all and singular the said premises unto the said City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to the reservations from and exceptions to warranty and conveyance described above. EXECUTED on July IA, 2020. Grantor's Address: GRANTOR: 1 o01 are.,-1 briar A✓e- )(d&L Charles.L Russo Grantee's Address: AUG41 4. 4,44e 910 S. Friendswood Dr. Friendswood, TX 77546 Deborah G Russo ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before m July 2020, by Charles L Russo and Deborah G Russo. r1L'. o, NOTARY ID#1o88,518.0 et ry Public Signature. 1 1 'r^ My Commission Expires 2 4 L' June 10,2021 • RECORDED BY SOUTH LAND TITLE LLC GF#BOFW2001175 Exhibit A In reference to the property or properties("Property")conveyed by the Deed between Charles L Russo and Deborah G Russo participating in the federally-assisted acquisition project("the Grantor")and the City of Friendswood,Texas,("the Grantee"), its successors and assigns: WHEREAS,The Robert T. Stafford Diaster Relief and Emergency Assistance Act,("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under§5170c,Hazard Mitigation Grant Program,including the acquisition and demolition of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain,to demolish and/or remove the structures,and to maintain the use of the Property as open space in perpetuity; Whereas,the State has applied for and been awarded such funding from the Department of Homeland Security,Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement with FEMA for DR 4332,herein incorporated by reference; making it a mitigation grant program grantee. Whereas,the Property is located in the City of Friendswood,and the City of Friendswood participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas,the City of Friendswoodhas applied for and been awarded federal funds pursuant to an agreement with the State for DR 4332 ("State-Local Agreement"),and herein incorporated by reference,making it a mitigation grant program subgrantee; WHEREAS,the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80,the Grant Agreement,and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now,therefore,the grant is made subject to the following terms and conditions: 1.Terms.Pursuant to the terms of the HMGP program statutory authorities, Federal program requirements consistent with 44 C.F.R.Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management;nature reserves;cultivation;grazing;camping(except where adequate warning time is not available to allow evacuation); unimproved,unpaved parking lots;buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance,Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i.A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room;or iii.A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a.,above,and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b.of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard,or greater,if required by FEMA,or if required by any State,Tribal,or local ordinance,and in accordance with criteria established by the FEMA Administrator. c.Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property,nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement,except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee, including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator,through the State,gives prior written approval of the transferee in accordance with this paragraph. i.The request by the Grantee,through the State,to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section,and documentation of its status as a qualified conservation organization if applicable. ii.The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph(a),of this section,with the prior approval of the FEMA Regional Administrator,and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a)The Grantee shall convey, in accordance with this paragraph,a conservation easement to an entity other than the title holder,which shall be recorded with the deed,or b)At the time of title transfer,the Grantee shall retain such conservation easement,and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property,at reasonable times and with reasonable notice,for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years,the Grantee(mitigation grant program subgrantee),in coordination with any current successor in interest,shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report,and that the Property continues to be maintained consistent with the provisions of 44 C.F.R.Part 80,the property conveyance,and the grant award. 4.Enforcement.The Grantee(mitigation grant program subgrantee),the State, FEMA,and their respective representatives,successors and assigns,are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80,the property conveyance,and the grant award. The relative rights and responsibilities of FEMA,the State, the Grantee,and subsequent holders of the property interest at the time of enforcement,shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period,the State shall enforce the terms of the grant by taking any measures it deems appropriate,including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii.FEMA, its representatives,and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b)Requiring transfer of title.The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties:the State,the Tribe,the local community,and their respective successors 5.Amendment.This agreement may be amended upon signatures of FEMA,the state,and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable,the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTOR(S): Charles L Russo )(46,,LA k,u4.60-2 Deborah G Russo GRANTEE: orad Kabir', City Manager City of Friendswood,Texas FILED AND RECORDED Instrument Number: 2020041248 Recording Fee: 50.00 Number Of Pages:8 Filing and Recording Date: 07/14/2020 1:40PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. raw t 04.,.,‘,,.a 1�pvU4. 4\�*`k \,\` 4) 4,0 \„r.,,,v41, . .:. \s ,::01.41 ‘ c,\4‘A6ve.,‘„i,s , 4 '� �^ � Dwight D. ui n, o ttnt c:lei k\x.� C . •' .,� �o �LIC £ �DO NOT DESTROY - Warning, this document is part of the Official Public Record.