HomeMy WebLinkAboutGeneral Warranty Deed - Robert Pearson and Kristyn Weaver P. - 13 HAVERFORD 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:
CITY OF GALVESTON §
THAT, Robert Pearson, Kristyn Weaver Pearson and Gardina K
Weaver hereinafter known as Grantor (whether one or more), of the City of
Friendswood, State of Texas, for and in consideration of the sum of Four
Hundred Sixty Eight Thousand Seven Hundred Fifty and 00/ 100
Dollars($468,750.00) 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„ Texas, hereinafter known as City, its successors and
assigns, the following described property situated in the City of Friendswood,
Texas.
Property Address: 13 Haverford Ln, Friendswood TX 77546
Lot Thirty -Three (33), of Quaker's Landing, a subdivision in Galveston
County, Texas, according to the map or plat thereof recorded in Volume
1616, Page 139 and transferred to Volume 8, Page 9, both 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 by way of open or dedicated roads and
streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to
all valid and subsisting encumbrances, conditions, covenants, restrictions,
reservations, exceptions, rights -of -way and easements appearing of record in the
Official Public Records of Real Property of Galveston County, Texas, relative to
the above described property, but only to the extent the same are applicable to
and enforceable against the City. This conveyance is further made subject to the
restrictions and conditions contained in Exhibit "A" attached hereto and made
part hereof.
TO HAVE AND TO HOLD the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging unto
the said City, its successors and assigns, forever, and Grantor does hereby bind
himself, his, herself, her itself, its themselves, their, heirs, executors and
administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim the same, or any
part thereof, subject to the reservations from and exceptions to warranty and
conveyance described above.
EXECUTED on January I� , 2020.
Grantor's Address:
Grantee's Address:
910 S. Friendswood Drive
Friendswood, TX 77546
G TOR•
Robeue Piearson
eaver Pearson
.✓ A"",---
Gardina K Weaver
2
THE STATE OF TEXAS §
COUNTY OF GALVESTON
ACKNOWLEDGMENT
I
This instrument was acknowledged before m
Pearson and Kristyn Weaver Pearson and
Wall
1 J1. • � • 'i :. j
RECORDED BY
SOUTH LAND ,nTLE LLC
GF # BOFW1900891
January �13, 2020, by Robert
.a K Weaver
blic Signature
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Robert
Pearson, Kristyn Weaver Pearson and Gardina K Weaver 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 Disaster 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 Friendswood has 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 1 foot of freeboard, or greater, if
required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with
criteria established by the FEMA Administrator.
c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster
assistance for any purpose with respect to the Property, nor may any application for such assistance
be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for
damage to structures on the property occurring after the date of the property settlement, except for
pre-existing structures being relocated off the property as a result of the project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written approval
of the transferee in accordance with this paragraph.
i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified
conservation organization. However, the Grantee may convey an easement or lease to a private
individual or entity for purposes compatible with the uses described in paragraph (a), of this section,
with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not
include authority to control and enforce the terms and conditions of this section.
iii. If title to the Property is transferred to a public entity other than one with a conservation
mission, it must be conveyed subject to a conservation easement that shall be recorded with the
deed and shall incorporate all terms and conditions set forth in this section, including the easement
holder's responsibility to enforce the easement. This shall be accomplished by one of the following
means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an
entity other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement, and record
it with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to
exist or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting
the Property to ensure compliance with the terms of this part, the Property conveyance and of the
grant award.
3. Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in
coordination with any current successor in interest, shall submit through the State to the FEMA
Regional Administrator a report certifying that the Grantee has inspected the Property within the
month preceding the report, and that the Property continues to be maintained consistent with the
provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R.
Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of
FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of
enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing
and advise them that they have 60 days to correct the violation
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith
effort to come into compliance with the terms of the grant within the 60-day period, the State shall
enforce the terms of the grant by taking any measures it deems appropriate, including but not limited
to bringing an action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to 1 or more of the following:
a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee;
and current holder of the property interest.
b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear
the costs of bringing the Property back into compliance with the terms of the grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of
the following parties: the State, the Tribe, the local community, and their respective successors
S. 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):
.e
Robert eerson
L�
styn eaver Pearson
i
Gardina K. Weaver
GRANTEE: \
Morad Kabiri, City Manager
City of Friendswood, Texas
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:
CITY OF GALVESTON §
THAT, Robert Pearson, Kristyn Weaver Pearson and Gardina K
Weaver hereinafter known as Grantor (whether one or more), of the City of
Friendswood, State of Texas, for and in consideration of the sum of Four
Hundred Sixty Eight Thousand Seven Hundred Fifty and 00/ 100
Dollars($468,750.00) 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„ Texas, hereinafter known as City, its successors and
assigns, the following described property situated in the City of Friendswood,
Texas.
Property Address: 13 Haverford Ln, Friendswood TX 77546
Lot Thirty -Three (33), of Quaker's Landing, a subdivision in Galveston
County, Texas, according to the map or plat thereof recorded in Volume
1616, Page 139 and transferred to Volume 8, Page 9, both 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 by way of open. or dedicated roads and
streets adjoining the property.
This conveyance is made by Grantor and accepted by the City subject to
all valid and subsisting encumbrances, conditions, covenants, restrictions,
reservations, exceptions, rights -of -way and easements appearing of record in the
Official Public Records of Real Property of Galveston County, Texas, relative to
the above described property, but only to the extent the same are applicable to
and enforceable against the City. This conveyance is further made subject to the
restrictions and conditions contained in Exhibit "A" attached hereto and made
part hereof.
TO HAVE AND TO HOLD the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging unto
the said City, its successors and assigns, forever, and Grantor does hereby bind
himself, his, herself, her itself, its themselves, their, heirs, executors and
administrators, its successors and assigns to Warrant and Forever Defend all
and singular the said premises unto the said City, its successors and assigns,
against every person whomsoever lawfully claiming, or to claim the same, or:any
part thereof, subject to the reservations from and exceptions to warranty and
conveyance described above.
EXECUTED on,January ly 2020..
Grantor's Address: GR.A YTOR•
RoberX Pearson
Grantee's Address:"ytCVA-'W
910 S. Friendswood Drive �'ibt n W aver Pearson
Friendswood, TX 77546
K Weaver
THE STATE OF TEXAS §
COUNTY OF GALVESTON
ACKNOWLEDGMENT
0
This instrument was acknowledged before
Pearson and Kristyn Weaver Pearson any
RECORDED BY
SOUTH LAND TITLE LLC
Gr # BOIL W1900891
Jamiary 1 15 , 2020, by Robert
•a K Weaver
Signature
Exhibit A
In reference to the property or properties ("Property") conveyed by the Deed between Robert
Pearson, Kristyn Weaver Pearson and Gardina K. Weaver 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 Disaster 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 Friendswood has applied for and been awarded federal funds pursuant to an
agreement with the State for DR 4332 ("State -Local Agreement"), and herein incorporated by
reference, making it a mitigation grant program subgrantee;
WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement
require that the Grantee agree to conditions that restrict the use of the land to open space in
perpetuity in order to protect and preserve natural floodplain values;
Now, therefore, the grant is made subject to the following terms and conditions:
1. Terms. Pursuant to the terms of the HMGP program statutory authorities, Federal program
requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State- local Agreement,
the following conditions and restrictions shall apply in perpetuity to the Property described in the
attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the
acquisition of property for open space:
a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for
the conservation of natural floodplain functions. Such uses may include: parks for outdoor
recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except
where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots;
buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard
Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space.
b. Structures. No new structures or improvements shall be erected on the Property other
than:
I. A public facility that is open on all sides and functionally related to a designated open space or
recreational use;
ii. A public rest room; or
iii. A structure that is compatible with open space and conserves the natural function of
the floodplain, including the uses described in Paragraph 1.a., above, and approved by the
FEMA Administrator in writing before construction of the structure begins.
Any improvements on the Property shall be in accordance with proper floodplain management
policies and practices. Structures built on the Property according to paragraph b. of this section shall
be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if
required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with
criteria established by the FEMA Administrator.
c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster
assistance for any purpose with respect to the Property, nor may any application for such assistance
be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for
damage to structures on the property occurring after the date of the property settlement, except for
pre-existing structures being relocated off the property as a result of the project.
d. Transfer. The Grantee, including successors in interest, shall convey any interest in the
Property only if the FEMA Regional Administrator, through the State, gives prior written approval
of the transferee in accordance with this paragraph.
L The request by the Grantee, through the State, to the FEMA Regional Administrator must include
a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the
terms of this section, and documentation of its status as a qualified conservation organization if
applicable.
ii. The Grantee may convey a property interest only to a public entity or to a qualified
conservation organization. However, the Grantee may convey an easement or lease to a private
individual or entity for purposes compatible with the uses described in paragraph (a), of this section,
with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not
include authority to control and enforce the terms and conditions of this section.
iii. If title to the Property is transferred to a public entity other than one with a conservation
mission, it must be conveyed subject to a conservation easement that shall be recorded with the
deed and shall Incorporate all terms and conditions set forth in this section, including the easement
holder's responsibility to enforce the easement. This shall be accomplished by one of the following
means:
a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an
entity other than the title holder, which shall be recorded with the deed, or
b) At the time of title transfer, the Grantee shall retain such conservation easement, and record
it with the deed.
iv. Conveyance of any property interest must reference and incorporate the original deed restrictions
providing notice of the conditions in this section and must incorporate a provision for the property
interest to revert to the State, Tribe, or local government in the event that the transferee ceases to
exist or loses its eligible status under this section.
2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to
enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting
the Property to ensure compliance with the terms of this part, the Property conveyance and of the
grant award.
3. Monitoring and Reporting. Every three years, the Grantee (mitigation grant program subgrantee), in
coordination with any current successor in interest, shall submit through the State to the FEMA
Regional Administrator a report certifying that the Grantee has inspected the Property within the
month preceding the report, and that the Property continues to be maintained consistent with the
provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award.
4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their
respective representatives, successors and assigns, are responsible for taking measures to bring the
Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R.
Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of
FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of
enforcement, shall include the following:
a. The State will notify the Grantee and any current holder of the property interest in writing
and advise them that they have 60 days to correct the violation.
i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith
effort to come into compliance with the terms of the grant within the 60-day period, the State shall
enforce the terms of the grant by taking any measures it deems appropriate, including but not limited
to bringing an action at law or in equity in a court of competent jurisdiction.
ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking
any measures it deems appropriate, including but not limited to 1 or more of the following:
a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee;
and current holder of the property interest.
b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear
the costs of bringing the Property back into compliance with the terms of the grant; or
c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of
the following parties: the State, the Tribe, the local community, and their respective successors
5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee
only to the extent that such amendment does not affect the fundamental and statutory purposes
underlying the agreement.
6. Severability. Should any provision of this grant or the application thereof to any person or
circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this
grant and their application shall not be affected and shall remain valid and enforceable.
GRANTOR(S):
Rob"'ea
AM--
,4rson
aver Pearson
ardina K. Weaver
GRANTEE:
Morad Kabiri, City Manager
City of Friendswood, Texas
FILED AND RECORDED
Instrument Number: 2020003045
Recording Fee: 50.00
Number Of Pages:8
Filing and Recording Date: 01/16/2020 3:26PM
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.
Dwight D. Sullivan, County Clerk
t�.�alvesftml Cotllity: `T'exas
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
