HomeMy WebLinkAboutGeneral Warranty Deed - Ana & Jacobo Mendez - 16614 OXNARD LNGENERAL 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 HARRIS
THAT, Ana Marie Mendez and Jacobo Mendez. hereinafter known as Grantor
(whether one or more), of the City of 401 U � r\ , State of PX(-7t) f � e,- , for and in
consideration of the sum of One Hundred Twenty Seven Thousand Five Hundred and
00/100 Dollars($127,500.00) 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.
16614 Oxnard Ln, Friendswood, TX 77546
TRACT 1:
Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas,
according to the map or plat thereof, recorded in Volume 239, Page 50, of the Map Records
of Harris County, Texas
TRACT 2:
0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549,
HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE
TRACT DESCRIBED IN A DEED TO CHARLES KORNEGAY, INC.,RECORDED IN
HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND BEING ALL THAT
CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS
COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209,
SAID 0.556 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING at point marking the East corner of the herein described tract and the North
corner of a certain 20875.65 square foot tract known as Tract 13E and described in a Deed
of Trust filed under HCCF Y-517363, said point being the South corner of Lot 4 and the
West corner of Lot 5, Block 4, Forest Creek Subdivision according to the Plat recorded in
Volume 239, Page 50, Map Records of Harris County;
THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a
distance of 367.57 feet to a point for corner on the Northeast bank of Clear Creek;
THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a
distance of 93.87 feet to a point marking the West corner of the herein described tract and
the South corner of Tract 13C as shown under Harris County tax account 0432150000208;
THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of
439.76 feet to a point marking the North corner of the herein described tract at the South
corner of Lot 3 and the West corner of Lot 4, Block 4, Forest Creek;
THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4,
Block 4, Forest Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and
containing 0.556 acres of land.
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 Harris
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 February , 2020.
Grantor's Address:
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
GRANTOR:
L-C bf�c' )�&n
Ana Mari Mendez
Jacobo Mendez
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF GALVESTON§
This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez
and Jacobo Mendez.
Notary Public Signature
Oti
„ tµY pUBI i KIMBERLEY ROBINSON
Notary Public, State of Texas
Comm. Expires 09 04.2022
Notary ID 124130234
RECORDED BV
SOUTH LAND TITLE LLC
GF # BOFW1900876
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Ana Marie
Mendez and Jacobo Mendez 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 La., 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 I 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 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.
GRANTOR(S):
� 7ryt�
Ana Marie Mendez
i
Jacobo Mendez
GRANTEE:
Morad Kabiri, City Manager
City of Friendswood, Texas
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
(for Sales Only)
GF# BOFW1900876
Unit Tract#
SUBJECT PROPERTY:
ADDRESS: 16614 Oxnard Ln, Friendswood, TX 77546
LEGAL DESCRIPTION: TRACT 1:
Lot Four (4), in Block Four (4), of Forest Creek, a subdivision in Harris County, Texas, according to the
map or plat thereof, recorded in Volume 239, Page 50, of the Map Records of Harris County, Texas
TRACT 2:
0.556 ACRES OF LAND SITUATED IN THE SARAH MCKISSICK SURVEY, A- 549, HARRIS COUNTY,
TEXAS, AND BEING A PART OF THAT CERTAIN 25.967 ACRE TRACT DESCRIBED IN A DEED TO
CHARLES KORNEGAY, INC.,RECORDED IN HARRIS COUNTY CLERK'S FILE (HCCF) E-775705, AND
BEING ALL THAT CERTAIN TRACT SHOWN AS TRACT 13D ON THE TAX ROLLS OF THE HARRIS
COUNTY APPRAISAL DISTRICT AND UNDER ACCOUNT NUMBER 0432150000209, SAID 0.556
ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING at point marking the East corner of the herein described tract and the North corner of a certain
20875.65 square foot tract known as Tract 13E and described in a Deed of Trust filed under HCCF Y-
517363, said point being the South corner of Lot 4 and the West corner of Lot 5, Block 4, Forest Creek
Subdivision according to the Plat recorded in Volume 239, Page 50, Map Records of Harris County;
THENCE, South 44 deg. 55 min. West, along the Northwest line of said Tract 13E, a distance of 367.57
feet to a point for corner on the Northeast bank of Clear Creek;
THENCE, South 84 deg. 38 min. 53 sec. West, along the Northeast bank of Clear Creek, a distance of
93.87 feet to a point marking the West corner of the herein described tract and the South corner of Tract
13C as shown under Harris County tax account 0432150000208;
THENCE, North 44 deg. 55 min. East, along the Southeast line of Tract 13C, a distance of 439.76 feet to a
point marking the North corner of the herein described tract at the South corner of Lot 3 and the West
corner of Lot 4, Block 4, Forest Creek;
THENCE, South 45 deg. 05 min. East (basis of bearing) along the Southwest line of Lot 4, Block 4, Forest
Creek, a distance of 60.0 feet to the PLACE OF BEGINNING and containing 0.556 acres of land.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such
area or quantity is correct, but is made only for informational and/or identification purposes and does not
override item 2 of Schedule B hereof.
BEFORE ME, the undersigned authority, on this day personally appeared
Ana Marie Mendez and Jacobo Mendez, 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:
1%frGn -"'
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: 42-
Approximate Amount: C7
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.
UWE FURTHER STATE:
This affidavit is made to South Land Title, LLC and Texan Title Insurance Company as an
inducement to them to complete this transaction, and I/We realize that South Land Title, LLC and
Texan Title Insurance 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 Texan Title
Insurance Company forever fully to protect, defend and save harmless South Land Title, LLC and
Texan Title Insurance 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 February A, 2020
SELLER'S SIGNATURE(S):
C Rave 4PI
na Marie Mendez
acobo Mendez
STATE OF TEXAS
COUNTY OF
SWORN TO, SUBSCRIBED AND ACKNOWLEDGED BEFORE ME, BY Ana Marie Mendez
and Jacobo Mendez,on February , 2020.
Notary Public, State of Texas
Notary's Printed Name
ERLEY ROBINSON
ublic. State of Texas My Commission expires:
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. Expires 09-04-2022ry Id 124130234
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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 February , 2020,
Grantee's Address:
Grantee's Address:
910 S. Friendswood Dr.
Friendswood, TX 77546
THE STATE OF TEXAS §
GRANTOR:
n ,
�/ �c� G 9�t
Ana Mari Mendez
Jacobo Mendez
ACKNOWLEDGMENT
COUNTY OF GALVESTON§
This instrument was acknowledged before me on February A, 2020, by Ana Marie Mendez
and Jacobo Mendez.
Notary Public Signature
KIMBERLEY ROBINSON
1�Y PVB �4
Notary Public, State of Texas
Comm. Expires 09.04.2022
OF Notary ID 124130234
RECORDED BY
SOUTH LAND TITLE LLC
GF # BOFW1900876
