HomeMy WebLinkAboutResale Deed - CCISD - 0 FM 2351 RD � �' `I��,�,,57�5
09/15/45 30Qb94568 333.OQ •
.���� THE STATE OF TEXAS § °
§ RESALE DEED
--� COUNTY OF HARRIS § � •
�� KNOW ALL MEN BY THESE PRESENTS that the CITY OF FRIENDSWOOD for itself and
the use and benefit of CLEAR CREEK INDEPENDENT SCHOOL DISTRICT, GALVESTON
COUNTY EDUCATION DISTRICT and HARRIS COUNTY, acting by and through its duly elected
� official {"GRANTOR") as authorized by Section 34.05, Texas Property T� Code, for and in
consideration of the sum of FIFTY EIGHT THOUSANll SEVEN HITNDRED SIXTY AND 00/100
DOLLARS ($ 58,760.00), in hand paid by MiSSION REALTY, L.L.P., ("GRANTEE") the receipt of
which is hereby acknowledged and confessed, has conveyed a.nd quitclaimed and by these presents do
convay and quitclaim unto said grantee all right,title and interest of the DICKiNSON]NDEPENDENT
SCHOOL DISTRICT for i�self and the use and benefit of CITY OF FRiENDSW40D fox itself and the
use and benefit of CLEAR CREEK INDEPENDENT SCHOOL DTSTRICT, HARRIS COUNTY
EDUCATION DISTItICT and COUNTY OF GALVESTON, in the propexty hereirz conveyed,
acquired by tax foreclosure sale heretofore held,in Cause No. 2002-32697, sty�ed City of Fxiendswood
vs. ,Et A1 said property being described as:
��F� PART OF LOT 63A CONSISTING OF 2.50 ACRES OF LAND,MORE OR LESS,AND BEING A
I� ONE QUARTER INTEREST IN AND TO A 9.5455 ACRES TRACT, BEING OUT OF DIVISION A
��I OF LOT b3, OUT OF THE PERRY AND AUSTIN SURVEY, ABSTRACT SS, LOCATED IN
��� HARRIS COUNTY, TEXA.S ACCORDING TQ THE PLAT THEREOF RECORDED IN VOLUME
� 3, PAGE 6 OF TI� MAP RECORDS OF HARRIS C4UNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBTT "A" ATTACHED HERETO AND INCORPORATED
y� HEREIN FOR ALL 1'URPOSES. SAVE AND EXCEPT AN UNDIVIDED 2/32 INTEREST IN THE
� 25°/a INTEREST IN AND TO THE ABOVE DESCRIBED PROPERTY. (HARRIS COUNTY
j"'� ACCOUNT NUMBER 0410110004155 AND GALVESTON COUNTY ACCOUNT NUMBER
�`� R346715)
�=�
GRANTOR excludes and excepts from this conveyance any warranties, express or implied, on
��; the property, including, without limitation, any warranties arising by common law or Section 5.023 of
`i� the Property Code.
GR.ANTOR conveys the property:
(a). "as is", "with a11 faults" and without any warranty as to condition or environmental
hazard,
(b). subject to aIl restrictions, easements, rights-of-way leases, oil, gas and mineral leases,
royalties, mineral conveyances, and mineral reservations of record, if any, in the office
of the Cotmty Clerk of said County, ,
(c}, subject to any right of redemption;and
(d). s�tbject to righ#s of parties in possession
GRANTOR disclaims any wa.rranty,guaranty or representation,oral or written, on:
r
,
{a). the nature and condition of the property or other items conveyed hereundex, without
limitation,the water,soil and geology,
(b). the suitability of the property conveyed hereunder for any and a11 activities and uses
which GRANTEE may elect ta conduct thereon,
(c). the existence of any environmental hazards or conditions thereon, (including but not
limited to the presence of asbestos or other hazardous materials),
(d). compliance with applicable environmental laws,rules or regulatians;and
(e). the corr�pliance of the pxoperty with any laws, oxdinances, or regulations of any
governmental entity or body.
By acceptance of this deed, GRANTEE acknowledges and agrees:
{a}, that GRANTOR acquired the property through foreclosure of a tax Iien as Tnistee and
as such has little, if any, knowledge of the physical or economic characteristics of the
�,� property,
Y
� (b). GRANT`EE has inspected the propexty and is relyiug salely on its own investigation of
�� the same and not on any information provided or to be provided by on behalf of
� GRANTOR,
��
�� {c). that any information provided with respect to the property was obtained from a variety
of sources,and
S"�
'� (d). GR.ANTOR {l) has not made any independent investigation or verification of such
� information; and (2) does not make any zepresentations as to the accuzacy or
completeness of such information.
�i
��
(e). that if there are any improvaments on the property, GRANTOR shall not be responsible
for or liable to GRANTEE for any construction clefects, enors omissions, or any other
conditians affecting the properly.
GRANTEE ox anyone claiming by, through or under GRANTEE, hereby fully xeleases
GRANTOR, i#s employees, officers, directors, representatives, attorneys and agents from any and all
claims that it may now have or hereafter acquire against GRANTOR, its respective employees,
officers, directors, representatives, attorneys atid agents fox any cost, loss, liability, damage, expense,
demarxd, action or cause of action arising from or related to the conveyance of the premises herein as
well as any constxuction defects, errors,omissions, or other conditions affecting the property and o#her
items conveyed hereunder. GRANTEE further acknowledges and agrees that this release shall be given
fuli£orce and effect according to each of its express terms and provisions, including,but not limited to,
those relating to unknown and suspected claims,damages and causes of action.This covenant releasing
GRANTOR shall be a covenant running with the properly and shall be binding upon GRANTEE, his
heirs, successors, beneficiaries and assigns. GRANTOR hereby assigns without recourse or
representation of any nature to GRANTEE, efFective upon the execution and delivery hereof, any and
all claims that GR.ANTOR may have for any such errors,omissions or defects in the property and other
� � �
items conveyed hereunder. As a material covenant and condition of this conveyance, GRANTEE
agrees that in the event of any such construction defects, errors, omissions or on account af any other
conditions affecting the property, GRANT`EE shall look solely to GRANTOR'S predecessors or to such
contractors and consultants as may have contracted for work in connection w�iYn the property and other
items conveyed hereunder for any redress or reliaf. Upon the assignment by GRANTOR of its claims,
GR.ANTEE releases GRANTOR of alI right, express or implied, GR.ANT'EE may have against
GRANTOR arising out of or resulting from any errors, omissions or defects in the propexty and other
items conveyed hereunder. GRANTEE further understands that some of GRANTOR'S predecessors in
interest may be or become insolvent,bankrupt,judgment-proof or otherwise incapable of responding in
damages and GRANTEE may have no remedy against such predecessors,contractors or consultants.
GR.ANTEE hereby further agrees on behalf of himself and his heirs, successors, beneficiaries
and assigns to indemnify, pxo#ect, defend, save and hold harmless GRANTOR and GRANTOR'S
elected and appointed off cials,employees,offcers, directors,representatives, attorney and agents from
and against any and all debts, duties, obligation, liabilities, suits, claims, demands, cause of action,
daxnages, losses, casts and expenses (including, without limitation, attorneys' fees and expenses and
court costs) in any way relating to, connected with or arising out of the pxoperty and other items
conveyed hereunder or filie ovmership, leasing, use, operatian, maintenance and management thereof
�t� from and after the date hereof, including, without limEtation, the cost of any rernoval of hazardous
� substances ar cantaminants from the properiy and other items conveyed hereunder.
�'�1 �
�� TO HAVE AND T� HOLD said premises, together with all and singular the rights,privileges
and appurtenances thereto in any manner belonging unto the said MISSION REALTY, L.L.P., his
�� successors, beneficiaries, heirs aud assigns forever, so that neither the CITY OF FRIENDSWOOD fox
�� itself and the use anct benefit of CLEAR CREEK 1NDEPENDENT SCHOOL DISTRICT,
GALVESTON COIJNTY EDUCATION DISTRICT and HARRIS COUNTY,nor any person claiming
�� under it sha11 at any�ime hereafter have, claim or demand any right or title to the aforesaid premises or
�'�� appurtenances, or any part thereof.
��
Taxes for post judgment years and for the current year are assumed by,and are to be paid by
��j Grantee.
�
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IN TE�TIMONY WHEREOF,the taxing authorities herein have caused these presents to be
executed this 25 day of July ,2005.
CITY OF FRIENDSWOOD for itself and the use and �
benefit of CLEAR CREEK INDEPENDENT SCHOOL �
DISTRICT, GALVESTON COUNTY EDUCATION � �
DIS RICT and HA S CQUNTY
.
� ,
KIMBALL W.BRIZ NDINE
MAYOR,C�TY OF FRIENDSWOOD
ATTEST: o� FR��p���
l� o
!'�� * *
D ores McKenzie,T C .
City Secretaty ��'7r� �,��.�
�� .
�3 THE STATE OF TEXAS § • •
1`� §
� COUNTY OF GALVESTON §
�} ACKNOWLEDGMENT
�
��'� BEFORE ME,the undersigned authority,on this day personally appeared,KIMBALL W.
��
�� BRIZENDINE,Mayor,City of Friendswood,known to me to be the person whose name is subscribed
��� to the foregoiug instrument,and acknowledged to me that he executed same for the purposes and
�
considexation therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of
�L�-t�X ,2005.
y�,� ` ° MELIlVOA K.WELSH �,�I�•�,�:�Q,c...- �. C..�FX'�b�
i STATE OF TEXAS NOTARY PUBLTC,in and for the ST TE OF TEXAS
� �tyGmmasian�piros02-2�-2009 My Commission Expires: D��o'�-D �GU�
Grantee:
After Recording Return to:
Mission Realty,LLP ,� �
C/O Stephan Robinson Perdue,Brandon,Fielder, Collins&Mott,L.L.P.
712 Spencer Hwy, Suite 20U 1235 North Loop West, Suite 600
South Houston,Texas 77587 Houston,Texas 77008
� , .
EXHIBIT"A"
A 1/4�I interest in and to a certain 9.5455 acre tract,more or less,being out of Division"A"of Lot 63
of the subdivision of the Perry and Austin Survey,Abstract No. 55, according to the plat thereof `;�
recorded in volume 3,page 6 of the Map Records of Harris County,Texas and being more partzcularly ��
described by metes and bounds as follows:
BEGINNING at a found'/z iron rod marking the south corner of Lot 1,Friendswood City Texas
according to the plat thereof filed in volume 375,Page 110 Harris Couniy Map Recards and said point
being on the northerly right of way line of Farm Market Road 2351 (120 feet wade);
THENCE South 45 deg. 36 mm. 09 sec. West, 660.00 feet with the northerly xight of way line of said
Farm Market Road 2351 to a found 5/8 inch iron xod fox corner;
THENCE North 45 deg. UO mm. 38 sec.West,630.04 feet with the common line of said Lot b2 and
Lot 63 as established by found monumentation to a Found 5/8 inch iron rod for corner;
THENCE North 45 deg. 36 mm. 09 sec. East, 660.00 feet with the common line of Division"A"and
Division"D"of said Lot 63 to a set S/8 inch iron rod with cap for corner;
THENCE South 45 deg. 00 mm. 36 sec.East,630.04 feet with fihe southwesterly line of that certain
�� tract described in a deed dated October 7, I998 from Charles R.Weeks,et us to V. J.Jam as filed in
�1� Off icial Records of Real Property af Harris Cotmty,Texas under Clerk's File NO.T318541,Film
� Code No. 521-60-1767 and the southwesterly line of said Friendswood City Texaco Plat to the P011�1T
�� OF BEGINNING and containing 9.5455 acres(415,800 square feet}of land mare or less.
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