HomeMy WebLinkAboutGeneral Warranty Deed - Ronald G Lovely and Gail L Lovely - 1 WHITTIER DR 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,Ronald G Lovely and.Gail L Lovely,who inadvertently took title as,.i✓. Gaill,G.� Lovely,hereinafter known as Grantor(whether one or more),of the County of S r�li t State of GAodO , for and in consideration of the sum of Five Hundred Seventy Four Thousand Two Hundred Seventy Seven and 10/100 Dollars($574,277.10)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. 1 Whittier Dr,Friendswood,TX 77546 Lots Twenty One(21) and Twenty Four(24),of Quakers Landing, a subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 1616,. Page.139,and transferred to Plat Record 8,Map Number 9 of the Map Records of Galveston County,Texas. The above described property conveyed shall include all right, title and interest,if any,of Grantor in and to, (1) any land Iying 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 1 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 October 2. ,2020. Grantor's Address: GRANTOR: Ron Lovely - C �Ot 0 )'l OS`� Ro ald G Lovely O Grantee's Address: . ,_,,,%/ �/ �J 910 S. Friendswood D . `�"�`��� %/ '�J Friendswood, TX 77546 Gail L Lovely u ACKNOWLEDGMENT THE STATE OF TEXAS. § § COUNTY OF GALVESTON § This instrument was acknowledged before me on Oct r ,2 onald G Lovely and Gail L Lovely. ..�a��......�zt , �1. - '' , -: 5 ROMAN r L'. NOTARY ID 61088518-8 r 7 My Commission Expires Notary Public Signature r June 10.2021 RECORDED BY SOUTH LAND TITLE'LLC GF#BOFW2001172 Exhibit A In reference to the property or properties("Property")conveyed by the Deed between Ronald G Lovely and Gail L Lovely 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,Hawnrd 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: I.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 I.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 Iocal 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 NPIP 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, GRANTO ( : Rona Lovely Lias) iK /ve Gail L Lovely GRANTEE: Morad Kabiri,City Manager City of Friendswood,Texas AFFIDAVIT AS TO DEBTS,LIENS,POSSESSION AND TAXES (for Sales Only) GF#BOFW2001172 Unit Tract# SUBJECT PROPERTY: ADDRESS: 1 Whittier Dr,Friendswood,TX 77546 LEGAL DESCRIPTION: Lots Twenty One(21)and Twenty Four(24),of Quakers Landing,a subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 1616, Page 139, and transferred to Plat Record 8, Map Number 9 of the Map Records of Galveston County,Texas. BEFORE ME,the undersigned authority,on this day personally appeared Ronald G Lovely and Gail L Lovely,Personally known to me to be the person(s)whose name is (are)subscribed hereto and upon his/her/their oath deposes and says: The undersigned represent(s)to South Land Title,LLC,hereinafter the company,to his/her /their best knowledge that, 1. Except as noted below,there are no parties occupying,renting,leasing,residing or possessing the subject property or any portion thereof,nor is the undersigned aware:of any parties claiming title to the subject property or any portion thereof by reason of adverse possession,except: 2. No unpaid debts for plumbing fixtures,water heaters, swimming pool,furnaces,air conditioners,radio or television antenna,carpeting,rugs, lawn,sprinkling systems,Venetian blinds,window shades,draperies,electric appliances,fences,street paving assessments,and or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts,and there are no security interests on such property secured by financing statements,security agreements,or otherwise except the following: Secured Party: Approximate Amount: 3. No Mortgage liens of any kind against such property except the following: Secured Party: • Approximate Amount: 0 IT IS UNDERSTOOD BY THE UNDERSIGNED THAT THE PAYOFF AMOUNT (S)ON LOANS LISTED ABOVE IS/ARE IN ACCORDANCE WITH STATEMENTS GIVEN BY THE LENDING INSTITUTIONS AND SHOULD THE NOTE HOLDER REQUIRE ANY ADDITIONAL AMOUNT IN ORDER TO RELEASE SAID INDEBTEDNESS THE UNDERSIGNED AGREES TO PAY THE ADDITIONAL AMOUNT AND HOLD THE COMPANY AND ITS UNDERWRITER HARMLESS FROM SUCH ADDITIONAL AMOUNT AND ANY OTHER LIEN INCLUDING AD VALOREM TAXES NOT SPECIFICALLY REFERENCED ABOVE. That affiant owes no past due Federal or State taxes and that there are no delinquent Federal assessments presently existing against Affiant,and that no Federal or State Liens have been filed against Affiant.There are no Involuntary Liens,federal tax liens, oil and gas liens and or home equity line of credit loans outstanding against said property or sellers. There are no delinquent State,County,City,School District,Water District or other governmental agency or homeowners association taxes or assessment of any kind due or owing against said property and that no tax suit has been filed by any State, County,City, School District,Water District or other governmental agency for taxes levied against said property. There are no liens of any kind or character or claims for paving outstanding against the property,and we have signed no petitions for the paving of the street or alley adjoining this property and know of no petitions being circulated for payment. All labor and material used in the construction of improvements,if any,on the above described property have been paid for.There are now no unpaid labor or material claims against the improvements or repairs,if any,or the property upon which same are situated,and the undersigned hereby declares that all sums of money due for the erection of improvements,or repairs if any, have been fully paid and satisfied,and there are no Mechanic's Liens or Materialmen's Liens against the hereinabove property. There are no proceedings in bankruptcy or receivership that have been instituted by, or against me/us,and I/we have never made an assignment for the benefit of Creditors. Further,the undersigned has claimed no exemptions relating to ad valorem taxes to which he/she/they/it are not entitled. The undersigned realizes that these representations are made to include the Company and its Underwriter to insure the title to subject property and tenants. I/WE FURTHER STATE: This affidavit is made to South Land Title, LLC and Title Resources Guaranty Company as an inducement to them to complete this transaction, and I/We realize that South Land Title, LLC and Title Resources Guaranty Company are relying upon the representations contained herein; and the undersigned does hereby swear under the penalties of perjury that the foregoing information is true and correct in all respects. I/We further covenant and agree.with South Land Title, LLC and Title Resources Guaranty Company forever fully to protect, defend and save harmless South Land Title, LLC and Title Resources Guaranty Company from and against all loss, costs, damages, and attorneys' fees and expenses of every kind and nature which it may suffer,expend or incur under or by reason,or in consequence of reliance upon the representations herein.. EXECUTED on October —,2020 SELLER'S SIGNATURE(S): Ronal ovely j-,14/6/A< ;02/— ail L Lovely STATE OF TEXAS COUNTY OF Galveston, SWORN TO, SUBSCRIBED AND ACKNOWLE ," BEFORE ME,BY Ronald G Lovely and Gail L Lovely,on October r s 131: NuPublic,State of Texas fb S NOTARY ID 0108851943 Notary's Printed Name • ;TIP My Commission Expires My Commission expires: or to,,1 " June 10,2021 f SOUTH LAND TITLE, LLC Title Company Disclosure GF#BOFW2001172 UnitTract# BUYER/BORROWER(S): ,City of Friendswood,Texas SELLER(S): Ronald G Lovely and Gail L Lovely PROPERTY ADDRESS: 1 Whittier Dr Friendswood,TX 77546 LEGAL DESCRIPTION: Lots Twenty One(21)and Twenty Four(29),of Quakers Landing,a subdivision in Galveston County,Texas,according to the map or plat thereof recorded in Volume 1616,Page 139,and transferred to Plat Record'8,Map Number 9 of the Map Rccords.of Galveston County,Texas. By executing this Closing.Affidavit,each Seller acknowledges their understanding of the disclosures being made by Squill LANo TITLE, LLC, and affirms the representations made by them to Sturm LAmo Trrue, LLC. Each disclosure and/or representation may jointly benefit Sourn L,trm Trris,.LLC and its title insurance underwriter-in-interest. 1. PROPERTY TAXES: pRORATIONS: Property taxes for the current year have been prorated.Seller,who each acknowledge and understand that these prorations are: (a),amounts provided to Sourn LAND TITLE,LLC by the taxing entities,or (b)based upon the sales price or the most current appraised value available and the most current tax rate available or(c)based upon some other common method of estimation. These amounts are estimates from January I" through the day of closing. The seller understands they could receive a refund for overpayment or could receive a lax bill after closing should the appraised value or tax rate increase. SUPPLEMENTALS: If supplemental tax bills are issued for prior or current years taxes,due to any exemptions being removed after closing,Seller understands they are solely responsible for paying said supplemental taxes. Seller warrants and represents that there are no past due taxes.owed on the property and if such warranty and representation is untrue, the Seller shall reimburse.South Land Title,LLC,on-demand, for any sums paid by the South Land Title,LLC to pay such taxes and any related penalty and interest. Seller agrees that when amounts of the current taxes become known and payable,on or about October 1st, any amounts due over the amount collected may be reimbursed to the title company. Any amounts over collected will be refunded upon receipt from the taxing entities. Seller recognizes their responsibility for all taxes prior to the date of closing the subject transaction. Should it develop at a later date,that taxes other than those collected at closing,are due for prior years,seller agrees to make full settlement to the taxing entities or to Sourn LAND TITLE,LLC. Seller's Initials. // 2. DISBURSEMENT AUTHORIZATION Seller hereby authorizes SOUTH LAND Tros, LLC to make expenditures and disbursements as shown on the closing statement and approves same for payment. SOUTH LAND TITLE, LLC may supply a copy of this Statement to any real estate agent or lender involved in this transaction, and Buyer and Seller acknowledge receipt of a copy of the Statement. Seller's Initial ! ' r/(/ 3. HOMEOWNER'S ASSOCIATION: Seller warrants and represents that there are no past due Homeowner's or Property Owner's Association dues,assessment,and/or fees owed on the Property,other than those collected at closing and if such warranty and representation is untrue,the Seller will reimburse Souris LAND TrrLE,LLC,on demand,for any sums paid by SOUTH LAND TrrLE,LLC to pay such dues,assessment,and/or fees,and any related penalty and interest. Seller recognizes their responsibility for all past due Homeowner's or Property Owner's Association dues, assessment, and/or fees. Should it develop at a later date, that Homeowner's or Property Owner's Association dues, assessment, and/or fees other than those collected at closing are due for prior years, seller agrees to make full settlement to Sourn LAND TrrLE,LLC.. / '�! Seller's.Initial' 1/ ,/ki5 4. ERRORS AND OMISSIONS: In the event that any of the documents prepared in connection with the closing of this transaction contain errors which misstate or inaccurately reflect the true and correct terms,conditions-and provisions of this closing,and the inaccuracy or misstatement is due to a clerical error or to a unilateral mistake on the part of SOUTH LAND TITLE, LLC, or to a mutual mistake on the part of SOUTH LAND TrTLE,LLC and/or the Seller,the undersigned agree to execute,in a timely manner,such correction documentation as Scum'LAND TITLE,LLC may deem necessary to remedy such inaccuracy or misstatement Seller's Initials(' nitials / . 5. NON-RESIDENT ALIEN:Seller is not a non-resident alien for purposes of U ited States•Income Taxation. Seller's Initials• 6. INDEMNITY: SELLER HEREBY ACKNOWLEDGES THAT THEY HAVE EXECUTED THIS AFFIDAVIT WILLINGLY AND OF THEIR OWN FREE VOLITION, AND HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS.SOUTH LAND TITLE, LLC ITS TITLE INSURANCE UNDERWRITER, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, COST, EXPENSE, CLAIM, ACTION OR CAUSE OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE DISCLOSURES • AND REPRESENTATIONS CONTAINED HEREIN. / Seller's Initia rA jVe EXECUTED on October,2020 SELLER'S SLG TURE(S): Ro ovely 1--_2e4e./ Hm/17 Gail L Lovely THE STATE OF TEXAS § § COUNTY OF GALVESTON § SWORN TO,SUBSCRIBED AND ACKN LEDGE BEFORE ME, by Ronald G;Lovely and Gail L Lovely,on October 2020. OTA UBLIC STATE OF TEXAS " S 80MAN '`, NOTARY ID�i108a519 9 My Commission Expires '2a June 10.2021 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE FROM: PATRICK F.DOYLE Gran: BOFW2001172 Unit Tract# This is to give you notice that PATRICK F. DOYLE has a business relationship wish and ownership interest in REALTY TAX SEARCH, INC. and TEXAN TITLE HOLDINGS, LLC,which is the parent company of Sotrrn Lvao Trrt.e, LLC. PATRICK F. DOYLE,sole owner of the law Finn of DOYLE LAW FIRM;PLC,is also the sole owner of TEXAN TITLE HOLDINGS,LLC,which is the parent company of Scorns LAND Trrt.e,LLC(real estate closing services),and REALTY TAX SEARCH,INC.(which provides ad valorem tax services and collects,stores and disseminates real estate information). Set forth below is the estimated charge or range of charges of the settlement services listed. You are NOT required to use the listed providers as a condition for closing your transaction of the subject property. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE'WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Provider and Settlement Services Charac or Range of-Charges: Sourtt LAND Trrt.e,LLC (premium fees as set by State Board of Insurance and vary depending on value of transaction and credits available to consumer) Realty Tax Search S25,00 ACKNOWLEDGEMENT 1/we have read this disclosure form, and understand that Patrick F. Doyle is referring me/us-to purchase the above- described settlement services and may receive a financial orother benefit as the result of this referral. SELLER'S SIGNATURES: Ronal ovely Gail Lovely (00028567.DOC} TSYVA,Inc PO Bo. 44556 3llibg3tion-and Buyout Gbnru1t its Leesburg; VA,_gal P7 L'•/:040-668-6940(27}66g-635-60'8-e TssvaYOautldOr.cam DATE: October 2- 2020 ADDRESS: 1 Whittier Dr OWNER NAME: Ronald G Lovely and Gail L Lovely I/We,Ronald G Lovely and Gail L Lovely,understand that it is my/our responsibility as owner(s) of the above property to have all utilities turned off within 7 days of the date of closing. ia—2-262) o 1 G Lovely Date Gail L Lovely Date GENERAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON,YOU MAY RI3MOVEOR- 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; TI-IE:STATE-OF TEXAS '§. :§- KW/WALL MEN BY THESE:PRESENTS: COUNTY OF GALVESTON§ THAT,Ronald G Lovely and Gall L,Lovely;who inadvertently took title as Gail G. Lovely,'hereinafter/►�` known as'Grantor.(whether one or more),of the County of Lo Nkn$ 1,,U1 State of D , for andin consideration of the sum of Five Hundred Seventy Four Tliousand-TwoHundeed Seventy-Seven and 10/100 Dollars($574,277.10)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.presenes.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 Frieiidsvrood,Texas. .1_Whittier Dr,Friendswood,TX 77546 Lots'Twenty One(21) and Twenty Four(24),of Quakers Landing,a subdivision in Galveston County,Texas,according to-the map or plat thereof recorded in.Yolume:1616, -Page 139,and transferred to Plat Record S,Map Number 9 of the Map Records of Galveston.County,Texas. 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 byway 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 October 2:,2020. Grantor's Address: GRANTOR: Ron Lovely • VO )(S9E,\ I g rite �- CA70Y0 ''ql OS`� Ro ald G Lovely Grantee's Address: t ,t D y 910 S. Friendswood.Dr. Gail L Lovely Friendswood, TX' 77546 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF GALVESTON §. This.instrument was acknowledged before me on Oct r Z onald G Lovely and Gail L Lovely. S BOMAN ` ' " NOTARY ID 01088519.8 rfMy Commission Expires C Notary Public Signature * Q r June 10,2021 J • RECORDED BY SOUTH;LAND TITLE LI.G GF#BOF1Y2001172 Exhibit A In reference to the property or properties("Property")conveyed by the Deed between Ronald G Lovely and Gail L Lovely 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 ill.A structure that is compatible with open space and conserves the natural function of the floodplain,including the uses described in Paragraph l.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 far 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 Ioses 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 I 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. GRANTO ( : I Rona Lovely Gail L Lovely GRANTEE: Morad Kabiri,City Manager City of Fricndsvrood,Texas FILED AND RECORDED Instrument Number: 2020062186 Recording Fee: 46.00 Number Of Pages:7 Filing and Recording Date: 10/02/2020 11:38AM 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. a ® � �x�� o*off x r� Awight D. Sullivan,County Clerk k orO Galveston County,Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record. 4. The SELLER agrees that it will execute all necessary documents to transfer fee simple title to the property to the CITY and also agrees to execute now and in the future,any and all documents required by the CITY,TWDB to complete this transaction and to comply with CITY,State or.Federal Regulations. 5. The SELLER will not, without notification to the CITY, remove any property considered a portion of the real estate without prior written notice to the CITY and providing appraisals of such properties. The value of the property so removed,as finally determined,will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within ten(10)days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the CITY and must be negotiated prior to removal. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation, benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA)and will not claim any such benefits. 8. The SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of its choice to review this Agreement and the SELLER enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the sale of the referenced real property. This agreement is binding upon the heirs, executors,successors and assigns of all parties. DATED this day of u\. ,A. D.,2020. G.Lovel Win ss Gai . Lovely Wit ess 4t.If/tYf CITY OF FRIENDSWOOD f�'� BY: Morad Kabiri . I A. Settlement Statement OMB No.2502-0265 B.Type of Loan I.Q FHA 2.0 FmHA 3.0 Cone Unins 6.Pile Number 7.Loan Number 5.Mortgage Ins Cate Number 4.❑VA 5.0 Conv Ins. 6.0 Seller Finance ROFW2001172 7.®Cash Sole. C.Note: ibis form Is futalshed to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Item marked '(p.a.e'were paid outside the closing;they are shown here for informational purposes and arc not included in the totals.. D.Name&Address of Borrower E.Name&Address of Seller P.Name&Address of Leader City of Friendswood,Texas Ronald G Lovely and Gall I.Lovely 910 S.Fdcndswaod Drive Friendnwood,TX 77546 s G.Property Location 'H.Settlement Agent Name South Land Title,LLC Quakers Lauding„Lot 21&24,Galveston County,TX 6710 Stewart Road 1 Whittler Dr Suite 200 Friendswood,TX 77546 Galveston,TX 77551 Tax ID:27-1152905 Underwritten Be:Title Resources Guaranty Company Place of Settlement 1.Settlement Date South Laud Thne,LLC-Commercial Div. 1012f2020 192 Gulf Freeway South,SuIte G1 Fund; League City,TX 77573 J.Summary of Borrower's Transaction X.Summary of Seller's Tra inaction 100,Gross Amount Due from Borrower 400.Gross Amount Due to Seller 101.Contract Safes Price $574,277.10 401.Contract Sales Price 5574,177.10 102.Faunal Property 402.Personal Property 103.Settlement Charges to borrower 53,530.73 403. 104. 404. 105. 405. Adjustments far items paid by seller In advance Adjustments for items paid by seller In advance 106.City property taxes 406.City property taxes 107.County propertytexes 407.Countyproperty taxes 108.110A 408.HOA 109.School property taxes 409.School property taxes 110.MUD taxes 410.MUD taxes 111.Flood Insurance 411.Flood Insurance 112. 412. - 113. - --- - - - 413. _ 114.Reimb Seller for Upfront 414.Reimb Seller for Upfront HOA Fee HOA Fee 115. 415. 116. 416. 110.Grass Amount Due From Borrower 5577,807.83 420.Gross Amount Due to Seller 5574,277.10 200.Amounts Paid By Or Io Behalf Of Borrower 500.Reductions In Amount Due to Seller _201.Deposit or earnest money 501.Excess Deposit 202,Principal amount of new taon(e) 502.Settlement Charges to Seller(line 1400) $4,088A0 203.Existing loan(s)taken subject to 503.Existing Loan(s)Taken Subject to 204.Loan Amount god Lien 504.Payoff of First Mortgage Loan to 205. 505.Pnyoffof Second Mortgage to Loan 206. 506. 207.Closing Costs Paid by ISWA,lac 5199.73 507, 208. 508. 209. 509. Adjustments far Items unpaid by seller Adjustments for Items unpaid by seller 210.City property taxes 510.City property taxes 211.County property taxes 511.County property taxes 212.HOA 512.HOA 213.School property taxes 513.School property taxes 214.MUD taxes 514.MIN taxes 215.Flood Insurance 515.Flood Insurance 216. 516. 217. 517. 218. 518. 219. 519. 220.Total Paid By/For Borrower 5199.73 520.Total ReductIon Amount Due Seller 54,088.40 300.Cash At Settlement From/To Borrower 600.Cash At SetlIomeut To/Frous Seller _ 301.Gross Amount due from borrower(line 120) 5577,807.83 601.Gross Amount due to seller(line 420) 5574,277.10 _302.Less amounts paid bylfor borrower-Hine 220) 5199.73 602.less reductions in amt.due seller(line 520) 5,4,088.40 303.Cash From Borrower 5577,608.10 603.Cash To Seller 5570,188.70 Previous Editions are Obsolete form HUD-1(3/86) Handbook 4305.2 File No.BOFW2001172 L.Settlement Charges 700.Tom Safes,Broker's Safesroker's Commission based on price 5574,277.10 Q%- S0.00 Paid From Paid From Division of Commission(line 700)as follows: Borrower's Seller's 701. to .- - Furids el Funds at 702. ID Settlement Settlement 703.Commission Paid at Settlement S0.00 50.00 704, The following panics,persons,firms or to 705. corporations have received a portion of to 706. the real estate commission shown above. to 800.Items Payable In Connection with Loan 801.Loan Origination Fee % to 002.Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application to 807. Assumption Fee to 808. Flood Certification Fee to 900.flour Required by Lender'Co Be Paid in Advance 901.Interest from 10/2/2020 in I1/112020 Q 50lday 902.Mortgage Insurance Premium for months to 903.Hazard insurance Premium for years to 904. Flood fasuranee for year(s) to -905. Windstorm Insurance for year(s) to 1000.Reserves Deposited With lender 1001.Hazard insurance months t) per month 1002,Mortgage insurance months i per month 1003.City property taxes months ll per month 1004.County property taxes months© per month 1005.110A months© .per month 1006.School property taxes tnonths.i per month _1007.MUD Taxes months Q per month 1008,Flood insurance months(3 per month 1009. Other Taxes 0 monthsQ 1011.Aggregate Adjustment �1I00.Title Charges I101.Settlement or closing fee to South Land Title,LLC 5125.00 1102.Abstract or title search- to 1 I03.Title examination to 104.Title insurance binder to 1105,Document preparation to 1106.Notary Pecs to 1107.Atromey's fees to _(includes above items numbers: ) °' -=-"•--'tl'''--' 1108.Title insurance to South Land Title,LLC 53.331.00 (includes above items numbers: ) 1109.Lender's coverage 50.00l50,00.. = 1110.Owner's coverage 557,1,277.10/S3,331.00 *-- 1111. Escrow fee to South Land Mk,LLC 1112, Slate of Texas Policy Guaranty Fee to Texas Tide insurance GuarantyAssociation 52.00 $0.00 1113. to -1114. Tax certificates to Realty Tax Search,Inc. $25.00 1115. Title Premium split 851 to South Land Title,LLC 1116. Title Premium split 15% to Title Resources Guaranty Company 1117. Courier to 511t13 land Title,LLC 1200.Government Recording turd Transfer Charges 1201.Recording Fox Deed 547.73:Mortgage:lot to South Land'cme,LLC $47.73 1202.Citykeuntytaxlstemps Deed;mortgage to- 1203.Stale tax/stamps Deed;Mongaga to 1204. Recording to South Lend Title,LLC 1300.Additional Settlement Charges 1301.110A Transfer Pee to Quakers Landing HOA 575.00 1302. 2020 Prorated County Tax to 1012-Lot 21 to Galveston County Tax Collector 51,613.0 1303. 2020 Prorated County Tax to 10/2-Lot 24 to Galveston County Tax Collector 5132A1 1304. 2020 Prorated ISO Tax to 10/2-Lot 21 to Friendswood ISO Tax Office $2,135.28 1305. 2020 Prorated LSD Tax to 1012•Lot 24 to Friendswood ISO Tax Office 5132.4I 1400.Total Settlement Charges(enter on lines 103,Section J and 502,Section K) 53,530.73 54,088.40 Ihove carefully reviewed the 11UD-I Settlement Statement and to the best of my knowledge and belief,it is o true and accurate statement of all receipts and disbursements made on my account or by me in this transaction,I further certify that I have received a completed copy of pages 1,2 and 3 of this IIUD-1 Settlement Statement. City ofFricnd wood,Texas -C- onnl yGv�clyf�e Ily:Morod Kabiri,City Manager x✓&,y/,�t.! r/1 r Ze Gail L Lovely SETFLEMENT AGENT CER11FICA11DN HUD. ailment Statement which I have prepared is a true and accurate a nand���transaction.I have caused the funds to be disbursed in a h this smremcnt. I —/}r 21 26 „ammale. Agent Il u 'L/-- t/—Daatte Previous Editions are Obsolete form BUDA(3166) Handbook 4305.2