HomeMy WebLinkAboutSpecial Warranty Deed - Cathy Xanders Heaven Family Trust - 141 MOSS PTNOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
RECORDED By
WARRANTY DEED SOUTH LAND TITLE, LLC
GF #hO�.122olg1B
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Cathy X Heaven, Sole Trustee, under the Cathy X Heaven Family Trust dated
October 23, 2017 ("GRANTOR"), for and in consideration of TEN AND N01100 DOLLARS
($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the
receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a home -rule municipal
corporation located in Harris and Galveston Counties, Texas, its successors and assigns
(collectively "GRANTEE"), all of the property described as follows:
Unit One (1), Building Four (4), of A Partial Replat of Frenchman's Creek
Townhouses, a subdivision in Galveston County, Texas, according to the map or
pAar thereof, recorded in Volume 15, Page 199, map Records of Galveston County,
Texas, and being more particularly described by metes and bounds on Exhibit "A"
attached hereto. (the "Property").
TO HAVE AND TO HOLD the above -described property, together with all and singular
the rights and appurtenances thereto and in anywise belonging, unto the said GRANTEE, its
successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind himself, his
heirs, executors, administrators, successors and assigns, to WARRANT and FOREVER DEFEND
all and singular the above -described property unto the said GRANTEE, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same of any part thereof.
Executed this 0 lv� day of September, 2022.
T6aes doc�ment'e i as �aee�
eEectronFca09y recorded.
This document has been
electronically recorded.
GRANTOR:
(1 L f `e n
CATHY XANDERS HEAVEN, Sole
Trustee, under the Cathy X Heaven Family
Trust Dated October 23, 2017
STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE ME, J Y✓V9 ('4 1 , the undersigned notary public, on this day personally
appeared Cathy Xanders Heaven, Sole Trustee of the Cathy X Heaven Family Trust, dated October
23, 2017, the owner of the Property, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed that instrument for the
purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this
BOMAN
dd
¢ NOTARY ID a70885t9-8
jJ ..
•(/ My Commission Expires
June 10, 2025
ACCEPTED BY:
CITY OF FRIENDSWOOD, TEXAS
By:
MOYAD KASIRJ-City Manager
STATE OF TEXAS
COUNTY OF GALVESTON
in and for the
My commission expires:
of
BEFORE ME, �I'JUYY(� ,the undersigned notary public, on this day personally
appeared MORAD KABIRI, the City Manager of the City of Friendswood, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed that instrument for the purposes and consideration therein'$ r sed.
SUBSCRIBED AND SWORN before me this
1�:iS3\XSCCS'•::iR1T1C\\\TRTRa\4\
/ A
of Sent'ember, 2022.
in and for the State of
My commission expires: 14�I� L��
Warranty Deed. Page 2
GRANTOR'S ADDRESS:
Cathy X Heaven, Sole Trustee, under the Cathy X Heaven Family Trust dated October 23, 2017
141 Moss Point
Friendswood, TX 77546
AFTER RECORDING RETURN TO:
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
►��rs�.zrs��c3
EXHIBIT "A"
Unit One (1), Building Four (4), of A Partial Replat of Frenchmans Creek Townhouses, a subdivision
in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 199,
Map Records of Galveston County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most
Southerly corner of Lot Thirty -Three (33), Polly Ranch Estates on the Northeasterly right-of-way line
of Pine Drive (60 feet wide);
THENCE, North 55 degrees 49 minutes 51 seconds East, a distance of 403.15 feet to a set 1/2 inch Iron
rod for corner and PLACE OF BEGINNING of the herein described tract;
THENCE, North 58 degrees 23 minutes 23 seconds East, a distance of 39.86 to a set 1/2 Inch Iron rod
for corner;
THENCE, South 31 degrees 36 minutes 37 seconds East, a distance of 109.00 feet to a set 1/2 inch iron
rod for corner;
THENCE, South 80 degrees, 02 minutes 24 seconds, West, a distance of 43.17 feet to a set "X" in
concrete for corner;
THENCE, in a Southwesterly along and with the are of a curve to the left, having a radius of 54.00
feet, a central angle of 34 degrees 38 minutes 14 seconds, a distance of 32.64 feet to a set "X" in
concrete for corner;
THENCE, North 77 degrees 06 minutes 02 seconds West, a distance of 82.69 feet to set 1/2 inch iron
rod for corner;
THENCE, North 31 degrees 36 minutes 37 seconds West, a distance of 109.00 feet to the PLACE OF
BEGINNING and containing 6110 square feet of land.
Instrument Number:
Recording Fee: 38.00
Number Of Pages: 5
FILED AND RECORDED
2022062422
Filing and Recording Date: 09/30/2022 12:56PM
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.
wighf i3. Sullivan �:c3aziit�r �.lerk
alvestvt€, C .count , Texas
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk.
DO NOT DESTROY -Warning, this document is part oFthe Official Pub/ic Record.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
RECORDED By
WARRANTY DEED SOUTH LAND TITLE, LLC
GF #hO�.122olg1B
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Cathy X Heaven, Sole Trustee, under the Cathy X Heaven Family Trust dated
October 23, 2017 ("GRANTOR"), for and in consideration of TEN AND N01100 DOLLARS
($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the
receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, TEXAS, a home -rule municipal
corporation located in Harris and Galveston Counties, Texas, its successors and assigns
(collectively "GRANTEE"), all of the property described as follows:
Unit One (1), Building Four (4), of A Partial Replat of Frenchman's Creek
Townhouses, a subdivision in Galveston County, Texas, according to the map or
pAar thereof, recorded in Volume 15, Page 199, map Records of Galveston County,
Texas, and being more particularly described by metes and bounds on Exhibit "A"
attached hereto. (the "Property").
TO HAVE AND TO HOLD the above -described property, together with all and singular
the rights and appurtenances thereto and in anywise belonging, unto the said GRANTEE, its
successors and assigns forever, in fee simple absolute. GRANTOR does hereby bind himself, his
heirs, executors, administrators, successors and assigns, to WARRANT and FOREVER DEFEND
all and singular the above -described property unto the said GRANTEE, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same of any part thereof.
Executed this 0 lv� day of September, 2022.
T6aes doc�ment'e i as �aee�
eEectronFca09y recorded.
This document has been
electronically recorded.
GRANTOR:
(1 L f `e n
CATHY XANDERS HEAVEN, Sole
Trustee, under the Cathy X Heaven Family
Trust Dated October 23, 2017
STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE ME, J Y✓V9 ('4 1 , the undersigned notary public, on this day personally
appeared Cathy Xanders Heaven, Sole Trustee of the Cathy X Heaven Family Trust, dated October
23, 2017, the owner of the Property, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed that instrument for the
purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this
BOMAN
dd
¢ NOTARY ID a70885t9-8
jJ ..
•(/ My Commission Expires
June 10, 2025
ACCEPTED BY:
CITY OF FRIENDSWOOD, TEXAS
By:
MOYAD KASIRJ-City Manager
STATE OF TEXAS
COUNTY OF GALVESTON
in and for the
My commission expires:
of
BEFORE ME, �I'JUYY(� ,the undersigned notary public, on this day personally
appeared MORAD KABIRI, the City Manager of the City of Friendswood, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed that instrument for the purposes and consideration therein'$ r sed.
SUBSCRIBED AND SWORN before me this
1�:iS3\XSCCS'•::iR1T1C\\\TRTRa\4\
/ A
of Sent'ember, 2022.
in and for the State of
My commission expires: 14�I� L��
Warranty Deed. Page 2
GRANTOR'S ADDRESS:
Cathy X Heaven, Sole Trustee, under the Cathy X Heaven Family Trust dated October 23, 2017
141 Moss Point
Friendswood, TX 77546
AFTER RECORDING RETURN TO:
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
►��rs�.zrs��c3
EXHIBIT "A"
Unit One (1), Building Four (4), of A Partial Replat of Frenchmans Creek Townhouses, a subdivision
in Galveston County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 199,
Map Records of Galveston County, Texas, and being more particularly described by metes and bounds
as follows:
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most
Southerly corner of Lot Thirty -Three (33), Polly Ranch Estates on the Northeasterly right-of-way line
of Pine Drive (60 feet wide);
THENCE, North 55 degrees 49 minutes 51 seconds East, a distance of 403.15 feet to a set 1/2 inch Iron
rod for corner and PLACE OF BEGINNING of the herein described tract;
THENCE, North 58 degrees 23 minutes 23 seconds East, a distance of 39.86 to a set 1/2 Inch Iron rod
for corner;
THENCE, South 31 degrees 36 minutes 37 seconds East, a distance of 109.00 feet to a set 1/2 inch iron
rod for corner;
THENCE, South 80 degrees, 02 minutes 24 seconds, West, a distance of 43.17 feet to a set "X" in
concrete for corner;
THENCE, in a Southwesterly along and with the are of a curve to the left, having a radius of 54.00
feet, a central angle of 34 degrees 38 minutes 14 seconds, a distance of 32.64 feet to a set "X" in
concrete for corner;
THENCE, North 77 degrees 06 minutes 02 seconds West, a distance of 82.69 feet to set 1/2 inch iron
rod for corner;
THENCE, North 31 degrees 36 minutes 37 seconds West, a distance of 109.00 feet to the PLACE OF
BEGINNING and containing 6110 square feet of land.
Instrument Number:
Recording Fee: 38.00
Number Of Pages: 5
FILED AND RECORDED
2022062422
Filing and Recording Date: 09/30/2022 12:56PM
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.
wighf i3. Sullivan �:c3aziit�r �.lerk
alvestvt€, C .count , Texas
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk.
DO NOT DESTROY -Warning, this document is part oFthe Official Pub/ic Record.
a ffinnio.
10/3/2022
CiTy of Friendswood, Texas
910 S. Friendswood Drive
Friendswood, TX 77546
RE: GF Number: BOFW2201978
Seller: Cathy Xanders Heaven, Sole Trustee, under the Cathy X. Heaven Family Trust dated
October 23, 2017
Buyer/Borrower: City of Friendswood, Texas
Property: 141 Moss Point
Friendswood,TX 77546
Closer Name: Buyout
Dear Policyholder,
In connection with the above transaction, we enclose your Owner Policy of Title Insurance. Please
retain this document in a safe place.
Your deed has been filed for record in the County Clerk's office.
It has been a pleasure to serve you. Please keep us in mind in the future if you decide to sell or refinance
your property, as we can process your transaction quickly. Remember to file for your homestead
exemption with the central appraisal district, if applicable.
Should you have any questions or if we can be of further assistance, please do not hesitate to contact us.
Sincerely,
Irene A. Lozano
Policy Department
/sc
192 Gulf Freeway S.Suite C-2, League City, Texas 77573•(281)338-2225•Fax (281)338-2205
SOUTH LAND TITLE, LLC
PRIVACY POLICY
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach=Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of SOUTH LAND TITLE, LLC.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms
• Information about your transactions we secure from our files, or from our affiliates or others
• Information we receive from a consumer reporting agency
• Information that we receive from others involved in your transaction, such as the real estate agent
orlender
Unless it is specifically stated otherwise in
an amended
Privacy Policy Notice,
no additional nonpublic
personal information will be collected about
you.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR
CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY
LAW.
WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO
THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE
PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER.
WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT
COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS.
NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED
TO RECEIVE ANY INFORMATION FROM THIS COMPANY ON ANY MATTER RELATED TO
YOUR CONTRACT.
South Land Title, LLC
6710 Stewart Road
Suite 200
Galveston, TX 77551
Agent for Texan Title Insurance Company
DOYLE LAW FIRM, PLLC
PRIVACY POLICY NOTICE
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a non-affiliated third
party unless the institution provides you with a notice of its privacy policies and practices, such as the
Type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of DOYLE LAW FIRM, PLLC..
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms
• Information about your transactions we secure from our files, or from our affiliates or others
• Information we receive from a consumer reporting agency
• Information that we receive from others involved in your transaction, such as the real estate agent
orlender
Unless it
is specifically stated otherwise in
an amended
Privacy Policy Notice,
no additional nonpublic
personal
information will be collected about
you.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT OUR
CUSTOMERS OR FORMER CUSTOMERS TO ANYONE, EXCEPT AS PERMITTED BY
LAW.
WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO
THOSE EMPLOYEES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE THE
PRODUCTS OR SERVICES REQUESTED BY YOU OR YOUR LENDER,
WE MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT
COMPLY WITH APPROPRIATE FEDERAL AND STATE REGULATIONS.
NO PERSON, ENTITY OR FIRM WHO IS NOT A PARTY TO YOUR CONTRACT IS PERMITTED
TO RECEIVE ANY INFORMATION FROM THIS COMPANY ON ANY MATTER RELATED TO
YOUR CONTRACT.
File No. BOFW2201978
City of Friendswood, Texas
By:
omd Kahl t, City Manager
SETTLEMENT AGENT CERTIFICATION
'statement which I have prepared is a true and accurate
enaction. I have caused the funds to be disbursed in
this statement.
O- T2D22
; mt Date
Cathy Ycarge,6 Heavi[OL t m
en, Sole Trustee, under the
Cathy X Heaven Family Trust dated October 23, 2017
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
(for Sales Only)
GF# BOFW22017 /0
Unit Tracts€
SUBJECT PROPERTY:
ADDRESS: 141 Moss Point, Friendswood, TX 77546
LEGAL DESCRIPTION:
Unit One (1), Building Four (4), of A Partial Replat of Frenchmans Creek Townhouses, a subdivision in
Galveston County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 199, Map
Records of Galveston County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING for reference at the Westerly comer of said Reserve F, same being the most Southerly
comer of Lot Thirty -Three (33), Polly Ranch Estates on the Northeasterly right-of-way line of Pine Drive (60
feet wide);
THENCE, North 55 degrees 49 minutes 51 seconds East, a distance of 403,15 feet to a set 1/2 inch Iron
rod for corner and PLACE OF BEGINNING of the herein described tract;
THENCE, North 58 degrees 23 minutes 23 seconds East, a distance of 39,86 to a set 1/2 Inch Iron rod for
corner;
THENCE, South 31 degrees 36 minutes 37 seconds East, a distance of 109.00 feet to a set 1/2 inch iron
rod for corner;
THENCE, South 80 degrees, 02 minutes 24 seconds, West, a distance of 43.17 feet to a set "X" in
concrete for corner;
THENCE, in a Southwesterly along and with the arc of a curve to the left, having a radius of 54,00 feet, a
central angle of 34 degrees 38 minutes 14 seconds, a distance of 32.64 feet to a set "X" in concrete for
corner;
THENCE, North 77 degrees 06 minutes 02 seconds West, a distance of 82.69 feet to set 1/2 inch iron rod
for corner;
THENCE, North 31 degrees 36 minutes 37 seconds West, a distance of 109,00 feet to the PLACE OF
BEGINNING and containing 6110 square feet 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 appeazed
Cathy Randers Heavea, Sole Trustee, under the Cathy X. Heaven Family Trust dated October 23,
7 2017, 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: W\ � a (, L N
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 Parry:
Approximate Amount:
No Mortgage liens of any kind against such property except the following:
Secured Party:
Approximate Amount:
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 a ederal or State taxes and at there are no delinquent
Federal assessments prese er li �nst Affiant, amd 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 ni delinquent State ounty, City, School District, Water District or other
government r omeowners 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 foCpaving outs ding against
the property, and we have signed no petitions for the pf_ eet or alley
p P
adjoining this property and know of no petitions being circulated for payment.
I labor and material in the construction of improvements, if any, on the above
de ave 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 Materiahnen's Liens against the hereinabove
property.
There are no proceeding bankruptcyo;r receivershi t have been instituted by,
or against me/us, and Uwe ha nnaaie-an-aasignment 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.
1/WE 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 attomeys' 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 September 27, 2022
SELLER'S SIGNATURE(S):
Cathy Xanders Heaven, Sole Trustee, under the
Cathy X. Heaven Family Trust dated October 23, 2017
STATE OF TEXAS
COUNTY OF GALVESTON
SWORN TO, SUBSCRIBED AND ACKNc
Heaven, Sole Trustee, under the
2017,on September 27, 2022.
c><tm�mrzm�tcc���c��m _
`. S BOMAN Not
a`. y6`*1 NOTARY ID 41088519.8
Not
My Commission Expires
June 10, 2025 My
iD BEFORE ME, BY Cathy Xanders
Heaven Family Trust dated October 23,
State of Texas
i Name
m expires:
SOUTH LAND TITLE, LLC
Title Company Disclosure
GF # BOFW2201978
Unit Tract#
BUYER/BORROWER(S): City of Friendswood, Texas
SELLER(S): Cathy Xanders Heaven, Sole Trustee, under the Cathy X.
Heaven Family Trust dated October 23, 2017
PROPERTY ADDRESS: 141 Moss Point
Friendswood, TX 77546
LEGAL DESCRIPTION:
Unit One (1), Building Four (4), of A Partial Replat of Frenchmans Creek Townhouses, a subdivision in
Galveston County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 199, Map
Records of Galveston County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most Southerly
corner of Lot Thirty -Three (33), Polly Ranch Estates on the Northeasterly right-of-way line of Pine Drive
(60 feet wide);
THENCE, North 55 degrees 49 minutes 51 seconds East, a distance of 403.15 feet to a set 1/2 inch Iron rod
for corner and PLACE OF BEGINNING of the herein described tract;
THENCE, North 58 degrees 23 minutes 23 seconds East, a distance of 39.86 to a set 1/2 Inch Iron rod for
corner;
THENCE, South 31 degrees 36 minutes 37 seconds East, a distance of 109.00 feet to a set 1/2 inch iron rod
for corner;
THENCE, South 80 degrees, 02 minutes 24 seconds, West, a distance of 43.17 feet to a set "X" in concrete
for corner;
THENCE, in a Southwesterly along and with the arc of a curve to the left, having a radius of 54.00 feet, a
central angle of 34 degrees 38 minutes 14 seconds, a distance of 32.64 feet to a set "X" in concrete for
corner;
THENCE, North 77 degrees 06 minutes 02 seconds West, a distance of 82.69 feet to set 112 inch iron rod for
corner;
THENCE, North 31 degrees 36 minutes 37 seconds West, a distance of 109.00 feet to the PLACE OF
BEGINNING and containing 6110 square feet 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.
By executing this Closing Affidavit, each Seller acknowledges their understanding of the disclosures being made by Sown{
LAND TrrLE, LLC, and affirms the representations made by them to SouTn LAND TrrE, LLC. Each disclosure and/or
representation may jointly benefit SouTn LAND TrrLE, LLC and its title insurance underwriter -in -interest.
1. PROPERTY TAXES:
PROBATIONS: Property taxes for the current year have been prorated. Seller, who each acknowledge and understand
that these prorations are: (a) amounts provided to Souni LANn 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 In through the day of closing. The
seller understands they could receive a refund for overpayment or could receive a tax bill after closing should the
appraised value or tax rate increase.
EXEMPTIONS: SELLER is aware that the above mentioned Property may have an exemption status which has reduced
the tax amounts owed on this Property for the last year. This exemption status may include, but is not limited to,
homestead exemptions, over sixty-five (65) exemptions, and/or exemptions due to disability. SELLER is further aware
that SOUTH LAND TrrLE, LLC has prorated the tax amounts due at closing based on these exemptions, and using last
year's tax assessments.
The Texas Property code provides the ability for the Tax Entities to remove these exemptions for the current year if
documentation is not provided to continue the exemptions and/or if information is given to remove the exemptions due to
lack of eligibility. By signing, SELLER is authorizing SouTn LAND TrrLE, LLC to prorate the tax amounts due on the
above Property in accordance with the procedures as outlined above, and agree to hold SOUTH LAND TITLE, LLC
harmless from any changes in exemption status which may result in an increase of taxes due for the current year.
SELLER further agrees that any changes resulting in additional taxes due will be paid by seller immediately by seller
upon notification, without liability on SOUTH LAND TrrLE, LLC.
_ Seller will transfer the homestead exemption, over sixty-five (65) exemptions, and/or exemptions due
to disability to another Property.
t
Seller will NOT transfer homestead exemption, over sixty-five (65) exemptions, and/or exemptions
due to disability to another Property.
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 SouTa LAND TrrLE, LLC.
Seller's Initials: I,
2. DISBURSEMENT AUTHORIZATION Seller hereby authorizes SOUTH LAND TITLE, 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.
l
Seller's Initials:
3. HOMEOWNER'S ASSOCIATION: Seller warrants and represents that there aze 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 SOUTH LANDTrr E, LLC, on
demand, for any sums paid by SOUTH LANDTrrLE, 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 .SOUTH LANDTrrLE, LLC.
Seller's Initials: `
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 TrrLE, LLC , or to a mutual mistake on the part of SOUTH LANDTrrLE, LLC and/or
the Seller, the undersigned agree to execute, in a timely manner, such correction documentation as SOUTH LAND
TrrLE, LLC may deem necessary to remedy such inaccuracy or misstatement.
Seller's Initials:
5. NON-RESIDENT ALIEN: Seller is not anon -resident alien for purposes of United States Income Taxation.
Seller's Initials: 0.�
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 TrrLE, 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, V
Seller's Initials:
EXECUTED on September 27, 2022
SELLER'S SIGNATURE(S):
Cathy Xanderg Ikaven, Sole Truste , under the
Cathy X. Heaven Family Trust dated October 23, 2017
THE STATE OF TEXAS
COUNTY OF GA VESTON
SWORN TO, SUBSCRIBED AND ACKNO�
Trustee, under the Cathy X. Heaven Family Trust
-
r ! �''Y `'��� NOTARY ID s7088579-8
t � 1 My Commission Expires
��,j/• June 10. 2025
FORE ME, by Cathy Xanders Heaven, Sole
23, 2017, on Se�r 27, 2022,
STATE OF
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE
F M: PAT F. DO E
GFe(: BOFW220 8
Unit ra
This is to give you notice that PATRICK F. DOYLE has a business relationship with and ownership interest in REALTY TAX
SEARCH, INC. and TEXAN TITLE HOLDINGS, LLC, which is the parent company of SOUTH LAND TITLE, LLC. PATRICK F.
DOYLE, sole owner of the law firm of DOYLE LAW FIRM, PLLC, is also the sole owner of TEXAN TITLE HOLDINGS, LLC, which is
the parent company of SOUTH LAND TITLE, 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 Char¢e or Ranee of Charees:
v` SoOTa LAND Tm.E, LLC (premium foes as set by
State Board of Insurance
and vary depending on
value of transaction and
credits available to
consumer)
Realty Tax Search $25.00
ACKNOWLEDGEMENT
Uwe have
read this discloswe form, and understand that Patrick F.
Doyle is referring me/us to
pwchase the above -
described settlement
services and may receive a financial or other benefit as the
result of this referral.
SELLER'S SIGNATURES:
Cathy Xan ers Heaven, Sole Trustee, under the
Cathy X, Heaven Family Trust dated October 23, 2017
{00028567.DOC}
PRORATION TAX REFUNDS
Date: September27,2022
Attention: Taxing Authority G C A D No: 201136
According to Section 26.11 of the Property Tax Code "Acquisition by Government,"the
tax collector "shall accept the tender" of the prorated taxes for the "year of transfer."
South Land Title, LLC is paying prorated tax amounts on our behalf from the sale
of our property to the CITY OF FRIENDSWOOD
Send any tax correspondence (specifically refunds or applications for refunds)
directly to us at the following address:
��l h �A
Name
S tAddresss4o
City, State, Zip
Do not refund any money to the attention of the title company, as this only
complicates and delays our receipt of same.
Thank you.
Very truly yours,
SELLER'S SIGNATURE(S):
Cathy Xanders Heaven, Sole Trustee, under the
Cathy X. Heaven Family Trust dated October 23, 2017
SELLER ADDRESS FORM
GF#: BOFW2201978
NAME Cathy Randers Heaven, Sole Trustee, under the Cathy X.
Heaven Family Trust dated October 23, 2017
CITY,STA'.
CELL PHONE 3 l
EMAIL ADDRESS cxheaven@gmail.com
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a
dispute with your Title Insurance Company. However, if you agree to azbitrate, you give up your right to take the Title
Insurance Company to court and your rights to discovery of evidence may be limited in the azbitration process. In
addition, you cannot usually appeal an arbitrator's awazd.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in
case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You
can do this by signing this form and returning it to the Company at or before the closing of your real estate
transaction or by writing to the Company.
The azbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to Abitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ('Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but aze not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All Abitrable
matters when the Amount of Insurance is $2,OOQ,000 or less shall be azbitrated at the option of either the Company
or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All azbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties.
Judgment upon the awazd rendered by the Arbitrators) may be entered in any court of competent jurisdiction."
� �,
GNATU
FORM T-7: Commitment for Title Insurance
�9� col aaaa
DATE