HomeMy WebLinkAboutGeneral Warranty Deed - Geraldine Marie Jones, Geraldine Jones Esparza - 5214 Whittier Oaks Dr LIE 11°
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GENERAL WARRANTY DEED
Date: June 26 ,2009 (5)
Grantor(s): GERALDINE MARIE JONES Vida,GERALDINE JONES ESPARZA,a single person IX
Grantors'mailing address: 35 Champion Circle
Wimberley, Texas 78676
Grantee(whether one or more): Harris County Flood Control District and Harris County, I
political subdivisions of the State of Texas,as tenants in common
Grantee's mailing address: 9900 Northwest Freeway
Houston,TX 77092
Consideration: ONE HUNDRED SEVENTY THOUSAND and No/100 Dollars (S170,000.00), the receipt and sufficiency of which is
03 acknowledged.
411
Property: Legal Description: All that certain tract,lot or parcel of land lying and being situated in Harris County,Texas,known as
Lot Fourteen(14)of Block One(1)of Wedgewood Village,Section Eight(8),an unrecorded subdivision in the Sarah
1 McKissick Survey,Abstract 549,Harris County,Texas,said tract being 0.3747 acre tract of land and being more
particularly described in Exhibit"A",attached hereto and made a part thereof for descriptive purposes(the"land").
Physical Address: 5214 Whittier Oaks Drive,Humble,Texas 77546
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110 Grantee's Restrictive Covenants: Grantee covenants and agrees to hold the Property subject to the terms of the Stafford Act, regulations
promulgated thereunder(44 C.F.R. 206.434), and the Grant Agreement. Grantee further covenants and agrees(I)to maintain in perpetuity the
property for uses compatible with open space,recreational,or wetlands management practices,(ii)after completion of the project,no application for
additional disaster assistance will be made for any purpose with respect to the property to any Federal entity or source, and no Federal entity or
source will provide such assistance,and(iii)no new structure(s)will be built on the property except as indicated below:
(a) a public facility that is open on all sides and functionally related to a designated open space or recreational use;
(b) a rest room,
(c) a structure that is compatible with open space,recreational,or wetlands management usage and proper floodplain management policies and
practices,which the Director of the Federal Emergency Management Agency(FEMA)or an official to whom the Director of FEMA has expressly
delegated authority to issue rules„before the construction of the structure begins.
The conveyance made hereby is being done pursuant to that certain interlocal Agreement by and between Harris County and Harris County Flood
Control District for FEMA Home Buyout,dated March 4,2008,reference being made thereto for the terms and provisions thereof.
Grantor(s),for the consideration and subject to the reservations from and exceptions to conveyance and warranty,grant,sell,and convey to Grantee
the Property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee and to each of
their respective successors,and assigns forever. Grantor(s)bind Grantor(s)and Grantors'heirs,executors,administrators,and successors to warrant
and forever defend all and singular the property to Grantee and to each of their respective successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any party thereof,except as to the reservations from and exceptions to conveyance and warranty.
If the legal description of the Property is different from the physical address of the Property, this grant shall be construed to include all of the
property described by both the legal description and physical address. When the context requires,singular nouns and pronouns include the plural.
GRANTOR(S): /-y/�//w'
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GERALDINE MARIE JONES dl e
ACKNOWLEDGEMENT
State of Texas:
County of Harris: 7A ,------(
This instrument was acknowledged before me on the h day of `i tf Ii.L . 2009 by Geraldine Marie
Jones,flkla,Geraldine Jones Esparza.
.ref:, tROBERTA L.HAECKEL /)
t - c Notary Public.State of Texas ��, a/
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Notary Public
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0 ACCEPTED BY HARRIS COUNTY
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€41 By;
obe .Gaskins, a ral onager r
Pubic I astruetur D artm nt-Right of Way Division xr n ` c
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ACKNOWLEDGEMENT 7( f; .: 3C
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fx STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Robert F. Gaskins, General Manager, Harris County Pubic
Infrastructure Department-Right of Way Division,known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of HARRIS COUNTY,and that he executed the same as the act of said HARRIS COUNTY for
the purposes and consideration therein expressed,and ht the capacity therein stated. I
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the �7 d y of ✓r!"'e ,2009.
/41
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C»�f+ CHUCK R.6OUTHERLAND otary Public Signature
NOTARY PDCLIC,taTATEOFTEXA$ i
MY CCMM1UCICN itXPlM$
?•' FEB.3,2091 i
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ACCEPTED BY THE HARRIS COUNTY FLOOD CONTROL DISTRICT
By: S
Robert F', askins,G ne i M er
Pubic Infrastructure ep ent- 'ght of Way Division
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared Robert F. Gaskins, General Manager, Harris County Pubic
cl Infrastructure Department-Right of Way Division,known to me to be the person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the HARRIS COUNTY FLOOD CONTROL DISTRICT,and that he executed the same as the
14 act of said HARRIS COUNTY FLOOD CONTROL DISTRICT for the purposes and consideration therein expressed, and in the capacity therein
Istated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this the/? day of -1 v 2009.
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Q Y °ay CHUCK I .SOUTHERLAND
* * NOTARY PUBLIC.STATE OFTEXAS l7 Notary Public Signature
�4 PAY COMMIS ION EXPIRES 1
'Fne FEB. 3, 2011 ti
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14
EDIT "A"
Being Lot 14 of Block 1 of Wedgewood Village,Section 8 an unrecorded Subdivision In
the Sarah McKissick Survey,Abstract 649,Harris County,Texas,said tract being a 0.3747
acre tract of land and being more particularly described by metes and bounds as follows:
COMMENCING at the most Westerly Northwest corner of Wedgewood Village,Section 5
according to the map as recorded in Volume 196,Page 1 of the Map Records of Harris
County,Texas,said point also being the Southwesterly right-of-way line of Blackhawk
Boulevard,based on 100.00 feet in width;
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THENCE S 45°02'48"E following along the Southwesterly right-of-way line of the above
said Blackhawk Boulevard a distance of 150.00 feet to a point for corner;
THENCE in a Southwesterly direction following along a curve to the right,having a radius
of 1,052.82 feet,a central angle of 13°51'28",a length of 254.64 feet,continuing a
distance of 254.64 feet to a point of tangency;
THENCE S 58°48'40"W a distance of 444.24 feet to a point of curve;
111
THENCE Continuing in a Southwesterly direction following along a curve to the left,
having a radius of 440.10 feet,a central angle of 63°52'52"a length of 490.69 feet,a
distance of 306.11 feet to a point for the PLACE OF BEGINNING of the tract of land herein
described;
THENCE continuing in a Southwesterly direction following along a curve to the left,
having a radius of 440.10 feet,a central angle of 63°52'62"a length of 490.69 feet,a
distance of 70.00 feet to a point for corner of the tract of land herein described;
THENCE N 80°09'13"W a distance of 208.63 feet to a point for corner of the tract of land
herein described;
I THENCE N 31°33'31"E a distance of 105.28 feet to a point for corner of the tract of land
herein described;
THENCE S 71°02'26"E a distance of 177.47 feet to a point for corner and the PLACE OF
BEGINNING of the tract of land herein described.
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Exhibit A
In reference to the Deed between GERALDINE MARIE JONES flk/a, GERALDINE JONES ESPARZA, a single
person, participating in the FEMA acquisition project ("the Grantor") and the HARRIS COUNTY FLOOD
CONTROL DISTRICT,("the Grantee"):
WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended("The Stafford Act"),identifies the use of disaster relief funds under Section 404(Hazard Mitigation
Grant Program,"HMGP"), including the acquisition and relocation of structures in the floodplain;
WHEREAS, Section 404 of the Stafford Act provides a process for a Community, through the State, to make
application for funding to be used to acquire interests in property, including the purchase of structures In the
floodplain,to demolish and/or remove the buildings,and to convert the land use into perpetual open space;
WHEREAS, the State of Texas Governor's Division of Emergency Management has made such application
and has entered into a FEMA-State Agreement dated 9/25/05 and herein Incorporated by reference;
WHEREAS,the Harris County Flood Control District, acting by and through the Harris County Commissioner's
Court, has entered into a cooperative grant agreement with the State of Texas Governor's Division of
Emergency Management dated 10/12105("Grant Agreement"),and herein incorporated by reference];
WHEREAS,the terms of the Stafford Act, regulations promulgated thereunder(44 G.F.R.§206.434), and the
114 FEMA-State Agreement require that the Grantee agree to conditions which are intended to restrict the use of
the land to open space in perpetuity in order to protect and preserve natural floodplain values;and
Now,THEREFORE,the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the Stafford Act, regulations promulgated thereunder (44 C.F.R.
206.434),as they read now and may be amended In the future,and the FEMA-State Agreement,the
following conditions and restrictions shall apply in perpetuity to each property described in the
attached deed and acquired by the Grantee pursuant to the Stafford Act§404 acquisition program:
a. Compatible uses. The land shall be used only for purposes compatible with open space,
recreational, or wetlands management practices; In general, such uses include parks for
outdoor recreational activities, nature reserves, unimproved pervious parking lots and other
uses described in 44 C.F.R.§206.434,as it reads now and may be amended in the future.
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 the open space
use;
ii. A public rest room;or
A structure that Is compatible with the uses described in Paragraph 1(a),above,and
approved by the Director in writing prior to the commencement of the construction
of the structure.
Any structures built on the property according to this paragraph shall be flood proofed or
elevated to the Base Flood Elevation plus one foot of freeboard.
c. Disaster Assistance. No future disaster assistance from any Federal source for any
purpose related to the property may be sought,nor will such assistance be provided;
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d. Transfer. The Grantee agrees that it shall convey any interest in the property only with prior
approval of the transferee from the Regional Director of FEMA and only to another public
entity or to an organization qualified under Section 170(h) of the Internal Revenue Code of
1954, as amended and applicable regulations promulgated thereunder. However, the
Grantee may convey a lease to a private Individual or entity for purposes compatible with the
uses described in Paragraph 1(a),above, including agriculture,with the prior approval of the
Regional Director.
If title to the property is transferred to a public entity other than a qualified state or federal
agency 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 herein, including the easement holder's responsibility to enforce the
easement. This shall be accomplished by one of the following means:
i. The Grantee shall convey, in accordance with section (d), above, a conservation
easement to someone other than the title holder,or
ii. At the time of title transfer, the Grantee shall retain such conservation easement,
and record it with the deed.
2. Inspection. FEMA, its representatives, and assigns,including the State of Texas Governor's Division
of Emergency Management, 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 the grant.
3. Monitoring and Reporting. Monitoring and Reporting will be completed in accordance with the Grant
Agreement between the Grantee and the State of Texas Governor's Division of Emergency
Management.
4, Enforcement. If the subject property is not maintained according to the terms of the grant, the
Grantee, State of Texas Governor's Division of Emergency Management, and FEMA, its
representatives, and assigns are responsible for taking measures to bring the property back into
compliance.
a. The State will notify the Grantee in writing and advise the Grantee that it has 60 days to
correct the violation.
b, If the Grantee falls 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.
c. FEMA, its representatives and assigns may enforce the terms of the grant by taking any
measures it deems appropriate,including but not limited to the following:
i. Requiring transfer of title in accordance with Paragraph 1(d). The Grantee shall
bear the costs of bringing the property back into compliance with the terms of the
grant;or
5. 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.
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