HomeMy WebLinkAboutWarranty Deed - Mickell & James Hernandez - 151 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
NUMBER.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Mickell Hernandez and James Hernandez ("GRANTORS"), for and in
consideration of TEN AND NO/100 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, have GRANTED, BARGAINED, SOLD AND
CONVEYED and by these presents do 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), in Building Five (5), 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 in the Office of the County Clerk 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. GRANTORS do hereby bind themselves,
their 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.
RECORDED BY
SOUT LAND ITLE, LL^
GF # This document has been
electronically recorded.
Warranty Deed, Page I
Executed this day of .2022.
GRANTOR:
By: "m
Mickell Hernandez
GRA
By:
Jame
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME, &f)06 /n , the undersigned notary public, on this day personally
appeared Mickell Hernandez, 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/she executed that
instrument for the purposes and consideration therein expressed.,
SUBSCRIBED AND SWORN before me this ?,- 4rayle4u,2022.
f.;:,.tf S BOMAN
NOTARY 10 41088519.8
' My COMMIssion Expires
June 10, 2025
STATE OF TEXAS
COUNTY OF GALVESTON §
NdT ublic in and for the State of
Texas
My commission expires: 4�✓�'�' '�
BEFORE ME, �&YT4A , the undersigned notary public, on this day personally
appeared James Hernandez, 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/she executed that
instrument for the purposes and consideration therein expressed
SUBSCRIBED AND SWORN before me this
.aII1I5 :I1IIIIIIt[I\CIIRI'�I[IlIRI
*' ?�
S OOMAN
■ ,
NOTARY ID 41088519.8
w,._ ;;.
My Commission Expires
June 10, 2025 "
of Jul 2022.
NG'vkr+uKic in and for the State of
My commission expires: VDA05
Warranty Deed, Page 2
ACCEPTED BY:
CITY OF FRIENDSWOOD, TEXAS
By: *- -
MORAD KABIRI, City Manager
STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE MEG �Cc�ktt , the undersigned notary public, on this day personally
appeared MORAD KABIRI, the City Manager of the City of Friendswood, kno,%m 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
GLENDA C, FAULKNER
MYCOMMISSION EXPIRES
JUNE 1, 2026
NOTARY ID:125711933
GRANTORS' ADDRESS:
Mickell & James Hernandez
151 Moss Point
Friendswood, TX 77546
AFTER RECORDING RETURN TO:
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
uly, 0
Lotary Public in an o the State of
Texas
My commission expires: 4 LiJ�2-4
HAContractsTrenchman's Creek HOA Earnest Money Contract0eeds\General Warranty Deed- Hemandez.doex
Warranty Deed, Page 3
EXHIBIT 'W'
Unit.1 Building, §,.qf 6 Partial Reolat of FRENC I HM, AN'S CREEK TbVVNHOUSES, a subdivision m
Gal v6ston County, Texas, according to the map or . plat th6r eof recorded rti Volbme 16, Page 199"of1the
Map Retards of Galveston County, Texas. , Subject prqp'edy containing 5671 square feet of -land, more or,
of -Reserve Oollykan'ch Estates Fr0nch.manVCredk7own oysp.s,-
less oU 5.'k.711 a6reso'U't' h
Galveston County;' 'Texas, and. being more particularly
Sect . 166 1 iri* the . Sarah A �Wkissick Survey, , -151, Gal
describr6d�..b metes d bounds�asJblloWs:
y me es, an.
U .. A it 1 Building .5:a.-567 1.square foot of land out I bf,6. . 307 1 acres out Of . 136setve�F of -Polly Estates and
. FRENCHMAN'S CREEK TOWNHOUSES, SIE00, N 1,. in the 'Sprah. McKissick Survey, Ao 5.1. Q. alveston
C . Oun . ty -Texas,,,.and being more particularly, 'described as follows;
COMMENCING -for :reference :at the "Westerly comet'of said Reserve F, same being the most Southerly
01 -W line of Pine DrIV6 (60 -foot wide);.
cOmerofLot33 Polly Ranch Estates on. the Northeasterly R. Q.
THENCE :Nort h-69*ddg,. 25 min. 12 sec'.East ad Istanca of 534.97 feet to a Winch iron rod for corner
and PLACE or,8EGINNING-of the herein de'scriked.tracts;
THENCE
E 12 deg. 04: min; 110 tec.,West'adist6nce of41.02 feet to a 1/2 inch iron rod found for corner;
. THENCE North 11 d . eg. 43 min. 06, 1 sod. East a distance of 8113 feet to. a. 112 inch iroh.rod foundtor
corner;
THENCESouth 78 deg, 45 min ..'.64ser, Fast, a, distance.of 5 .6.00 feet to a 1/2 inch iron rod found for
comer,
THENCE South 11 deg, 43 min.. 06 Pec,.West adistance of 116,91 feet toa 1/2. inch iron. rod .found for
corner;
THENCE North 78 do 15 min. 15: sec. West a distance of 1.30 feet to a 1/2 Inch iron'rod found f6f the
Beginning of a curve to.:the- left,
THENCE' along the,arc,:of said curve 16. the left, having a . radius of 54.'00 foot, a central angle. of,32.deg.
56 min. 3 1 5 sec. a I distance . 0 . f` . 31 tO 1 5 feet to th . e PLACE. I 017:13EGINNINO containing 501 square feet of
Land
FILED AND RECORDED
Instrument Number: 2022046450
Recording Fee: 38.00
Number Of Pages: 5
Filing and Recording Date: 07/13/2022 10:15AM
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.
NAAM
�ix:
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 of the Official Public 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
WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF GALVESTON §
THAT Mickell Hernandez and James Hernandez ("GRANTORS"), for and in
consideration of TEN AND NO/100 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, have GRANTED, BARGAINED, SOLD AND
CONVEYED and by these presents do 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), in Building Five (5), 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 in the Office of the County Clerk 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 properly, together with all and singulaz
the rights and appurtenances thereto and in anywise belonging, unto the said GRANTEE, its
successors and assigns forever, in fee simple absolute. GRANTORS do hereby bind themselves,
their 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.
RECOttO'ce�. c'.E
SOOT i.�1IVD iITl_E, LLr
GF # (� This document has been
electronically recorded.
ITIII�
Executed this day of 20220
GRANTOR:
Mickell Hernandez
STATE OF TEXAS
COUNTY OF GALVESTON
BEFORE ME, _iI'JQL XOl , the undersigned notary public, on this day personally
appeared Mickell Hernandez, 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/she executed that
instrument for the purposes and consideration therein expressed. 11
tIBED AND SWORN before me this a Ju , 2022.
«rac•,�azc;nm�mcccmz�cvim
%: �*� NOTARY ID x1088519-8 No ublic in and for the State of
My Commission Expires Texas
My commission expires:
STATE OF TEXAS
COUNTY OF GALVESTON §
BEFORE ME, � � ,the undersigned notary public, on this day personally
appeared James Hernandez, 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/she executed that
instrument for the purposes and consideration therein expressed. 1,
(da�v
SUBSCRIBED AND SWORN before me this
::c»cc :occcRcccccmw:c�RCRncm
ray ye S BOMAN
NOTARY ID D
�,: � My Comm��"�'o�'�<'`� ' June
Warranty Deed, Page 2
City Secretary
City of Friendswood
910 S, Friendswood Drive
Friendswood, TX 77546
of
and for the State of
My commission expires: �� ����
H:\Contracts\Frenchman's Creek HOA Earnest Money Contract\Deeds\General Warranty Deed- Hemandez.docx
EXHIBIT "A"
Unit 1, Building 5, of a Partial Replat of FRENCHMAN'S CREEK TOWNHOUSES, a subdivision m
Galveston County, Texas, according to the map or plat thereof recorded m volume 15, Page 199 of the
Map Records of Galveston County, Texas. Subject property containing 5671 square feet of land, more or
less out 5.3071 acres out of Reserve "F" Polly Ranch Estates and Frenchman's Creek Townhouses,
Section 1, in the Sarah McKissick Survey, A-151, Galveston County, Texas, and being more particularly
described by metes and bounds as follows:
Unit 1, Building 5: 5671 square feet of land out of 5.3071 acres out of Reserve F of Polly Estates and
FRENCHMAN'S CREEK TOWNHOUSES, SECTION 1, in the Sarah McKissick Survey, A-151, Galveston
County, Texas, and being more particularly described as follows;
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most Southerly
corner of Lot 33, Polly Ranch Estates on the Northeasterly R. O. W line of Pine Drive (60 feet wide);
THENCE North 69 deg, 25 min. 12 sec. East a distance of 534.97 feet to a 112 inch iron rod for corner
and PLACE OF BEGINNING of the herein described tracts;
THENCE 12 deg. 04 min. 10 sec. West a distance of 47,92 feet to a 1/2 inch iron rod found for corner,
THENCE North 11 deg. 43 min. 06 sec. East a distance of 81.73 feet to a 1/2 inch iron rod found for
corner;
THENCE South 78 deg. 16 min. 54 sec East a distance of 50.00 feet to a 1/2 inch iron rod found for
comer;
THENCE South 11 deg. 43 min. 06 sec. West a distance of 116,91 feet to a 1/2 inch iron rod found for
comer;
THENCE North 78 deg. 15 min. 15 sec. West a distance of 1,30 feet to a 1/2 inch iron rod found for the
Beginning of a curve to the left;
THENCE along the arc of said curve to the left, having a radius of 54.00 feet, a central angle of 32 deg.
56 min. 35 sec. a distance of 31.05 feet to the PLACE OF BEGINNING containing 5671 square feet of
Land
Instrument Number:
Recording Fee: 38.00
Number Of Pages: 5
FILED AND RECORDED
20220�f6450
Filing and Recording Date: 07/13/2022 10:15AM
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.
I�wiprht D. Sullivan C::c�etilt�r Ci�ytk
Csalveston. C ou-nty, 'i'e as
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the clerk.
DO NOT DESTROY - Warninq, this document is part of the Official Public Record.
File No. BOFW2201957
City of Friendswood, Texas
By:
and Kabrfi, City Manager
SETTLEMENT AGENT CERTIFICATION
Statement which I have prepared is a true and accurate
transaction. I have caused the funds to be disbursed in
h>Atakment. T�7/
p/ 'gent ' I //fDate
are Obsolete Page 3
CONSENT OF THE MEMBERS OF
FRENCHMAN'S CREEK HOMEOWNER'S ASSOCIATION, INC.
(CONSENT TO TERMINATE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF FRENCHMAN'S CREEK TOWNHOMES)
The State of Texas
County of Galveston
IN WITNESS WHEREOF, the undersigned acknowledges that he/she/they are the record
owner(s) of the residential Lot and Townhome Unit described below, and located within the
Frenchman's Creek Townhomes, Galveston County, Texas, and that he/she/they are members of
Frenchman's Creek Homeowner's Association, Inc. (hereinafter "the Association"). Further, the
undersigned consent and agree to the full and complete termination of that certain instrument entitled
"Declaration of Covenants, Conditions and Restrictions Frenchman's Creek Townhomes (A
Townhouse Subdivision)" recorded at Galveston County Clerk's Instrument No. 8105997, and
Film Code Nos. 001-08-1737 through 001-08-1794 (the "Declaration"); further, this Consent may
be recorded in the office of the County Clerk, Galveston County Texas, Official Public Records
of Real Property, as evidence of my/our Consent to the termination of the Declaration.
(Printed Name) (Printed Name)
(Signature) j ��� L
Address t'J I I t k' JViA iI 1
Unit No. 1
Building No.
Date: �T
(Signature)
Address
MQiV LL, = A1 11 (�
Building No. J
�?
CONSENT OF THE MEMBERS OF
FRENCHMAN'S CREEK HOMEOWNER'S ASSOCIATION, INC.
(CONSENT TO DISSOLVE CORPORATE ENTITY)
IN WITNESS WHEREOF, the undersigned acknowledges that he/she/they are the record
owners) of the residential Lot and Townhome Unit described below, and located within the
Frenchman's Creek Townhomes, Galveston County, Texas, and that he/she/they are members of
Frenchman's Creek Homeowner's Association, Inc. (hereinafter "the Association"). Further, the
undersigned consent and agree as follows: (1) that in connection with the sale of the residential Lots
and Townhome Units to the City of Friendswood, the Association shall be liquidated, dissolved and
its business affairs wound up in accordance with the Articles of Incorporation of the Association,
and Chapter 22 of the Texas Business Organizations Code, effective as of the date set forth in the
Association's Certificate of Termination; (2) that the Directors of the Association are authorized
and directed to take such actions and to make, execute, deliver and file on behalf of this
Association, any and all documents as may be necessary or desirable to liquidate, wind up and
dissolve the Association; and, (3) that after all liabilities and obligations of the Association are
paid, satisfied and discharged, the remaining property of the Association, consisting solely of
prepaid annual maintenance assessments provided by the members, shall be returned, transferred
or conveyed to such members, the amounts thereof to be calculated pro rata so as to fairly and
equitably return such funds to the members thereto entitled, following appropriate deductions for
those accounts which are delinquent at the time such property is sold. The aforementioned pro
rata distribution and return of remaining assessments to the members shall constitute a
"Distribution Plan" as such phrase is defined within the Texas Business Organizations Code.
z. e t eS )4&7
(Printed Name) (Painted Name)
(Signature) 44 f
Address I nl
enay
Unit No.
Building No.
(Signature)
Address
Unit No.
Building No.
llc5LAlo
Temporary Lease Agreement
STATE OF TEXAS
COUNTY OF GALVESTON
By this Temporary Lease Agreement (the "Agreement") made on July 7, 2022, between City of
Friendswood (the "City") whose address is 910 S. Friendswood Drive, Friendswood, TX 77546, and
Mickell and James Hernandez, (whether one or more, collectively called "Tenant") whose address is 151
Moss Point, Friendswood, TX 77546. City leases to Tenant the premises situated at 151 Moss Point,
more particularly described as follows:
ABST 9 J DICKINSON SUR UNIT 1 BLD 5 FRENCHMANS CREEK
TOWNHOUSES, Friendswood, Galveston County, Texas,
together with all appurtenances (the "Premises"). The term of this Agreement begins on date the of City's
acquisition of the Premises (the "Lease Commencement Date") and extends for thirty (30) calendar days,
unless terminated earlier in accordance with the provisions herein (the "Term"), Under no circumstances
shall this Agreement be extended beyond the Term.
1, Rent. Tenant agrees to pay rent in the amount of SIXTY-SEVEN AND NO/100
DOLLARS ($67.00) per day, excluding the Lease Commencement Date, with the full amount of such rent
to be paid at the time of the funding of Tenant's sale of the Premises to City. Tenant will not be entitled
to a refund of rental if this Agreement is terminated due to Tenant's default or voluntary surrender of the
Premises.
2. Use of Premises. The Premises shall be used and occupied by Tenant exclusively as a
private single-family residence. It is expressly understood and agreed that the private single-family
residential use may include a home occupation; provided that (i) such home occupation is conducted
entirely within the dwelling, (ii) there are no signs or other exterior visible evidence of a home
occupation, (iii) there shall be no storage of equipment visible outside the dwelling, and (iv) no equipment
shall be used that creates noise, vibration, electrical interference, smoke, or particulate matter emission,
power demands or odors above the existing level. Tenant shall comply with all the sanitary laws,
ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy,
and condition of the Premises throughout the Term. Tenant and all other persons on the Premises further
must refrain from conducting themselves in any way that would unduly disturb Tenant's neighbors or
constitute a breach of the peace.
3. Number of Occupants. The Premises may be occupied by no more than the number of
occupants on the Lease Commencement Date, which is 3 persons, consisting of 2 adults and 1 children
under the age of 18 years. Additional persons may occupy the Premises only with the written consent of
City.
4. Condition of Premises. Tenant stipulates that the Premises, the grounds, buildings, and
improvements, are in good order and repair and in a safe, clean, and tenantable condition. Tenant accepts
the Premises in its condition and state of repair as of the Lease Commencement Date,
5. Assignment and Subletting. Tenant may not assign this Agreement or sublet or grant any
license to use the Premises or any part of them. Any assignment, subletting, or license or an assignment
or subletting by operation of law shall be void and shall result in this Agreement being terminated
immediately without further notice.
6. Alterations and Improvements. Tenant may make no alterations to the Premises or make
other improvements on the Premises without the prior written consent of City. Unless otherwise provided
by written agreement between City and Tenant, all alterations, changes, and improvements built,
constructed, or placed on the Premises by Tenant, with the exception of fixtures removable without
Temporary Lease Agreement, Page 1
damage to the Premises and movable personal property, shall be the property of City and remain on the
Premises at the expiration or termination, or earlier termination of this Agreement.
7. Damage to Premises. If the Premises or any part of them are damaged partially by fire or
other casualty to the extent to which the Premises becomes untenable as determined by City, City will not
rebuild or repair the Premises, the Agreement will terminate, and the rent shall be prorated up to the date
of the damage.
8. Dangerous Materials. Tenant may not keep on the Premises any item of a dangerous,
inflammable, or explosive character.
9. Utilities and Maintenance Fees. Tenant shall be responsible for arranging and paying for
all utility services required on the Premises, including, but not limited to, electric, natural gas, water,
stormwater, sewer, garbage, and trash collection. Additionally, Tenant shall be responsible for all
homeowners' association fees during the Term.
10. Maintenance and Repair. At his or her expense, Tenant shall keep and maintain the
Premises and appurtenances in good sanitary condition and repair for conditions arising out of normal
wear and tear on the Premises during the Term. In particular, Tenant shall keep the fixtures in the house
or on or about the Premises in good order and repair; keep the furnace clean; keep the walls free from dirt
and debris; and make all required repairs to the plumbing, cooking, heating, sanitary, and other electric
and gas fixtures. If maintenance and/or repair of the Premises is needed, Tenant shall bear all expense
associated therewith. Tenant shall promptly repair at Tenant's expense any damage to the Premises
caused directly or indirectly by any act or omission of Tenant or any person other than City and its agents.
11. Painting and Signs. Tenant agrees that no signs will be placed, or painting done on or
about the Premises by Tenant or at Tenant direction without the prior written consent of City.
12, Animals. Tenant will keep no domestic or other animals on or about the Premises, except
NA without the written consent of City. If City gives such consent, it may be revoked at any time for
good cause.
13. Inspection of Premises. City and City's agents will have the right at all reasonable times
during the Tenn to enter the Premises for the purpose of inspecting them and all building and
improvements thereon. Tenant shall provide City door keys and access codes to allow access to the
Premises during the Term.
14. Surrender of Premises. At the expiration of the Term or termination of this Agreement,
Tenant shall surrender the Premises clean and in as good condition as they were at the commencement of
this Agreement, normal wear and tear and any casualty loss excepted. Any possession by Tenant after
termination or expiration of this Agreement creates a tenancy at sufferance and will not operate to renew
or extend this Agreement. Tenant shall pay one hundred thrirty four AND NO/100 DOLLARS ($134.00)
per day during the period of any possession after termination as damages, in addition to any other
remedies to which City is entitled.
15. Default. If Tenant fails to comply with any provision of this Agreement or if Tenant fails
to comply with any duties imposed on Tenant by statute, City may terminate this Agreement. If City, in
its sole discretion, decides that Tenant should be allowed the opportunity to correct the noncompliance,
City may deliver a written notice specifying the noncompliance and allowing seven (7) calendar days
within which it may be corrected. If compliance is not made, City may then terminate this Agreement.
16, Smoke Alarms and Security Devices. The requirements of the Texas Property Tax Code
require City to install smoke alarms on the Premises at City's expense. Tenant hereby represents that
the Premises have working smoke alarms as required thereby as of the Lease Commencement Date
and expressly waives City's duty to inspect and repair smoke alarms. The requirements of the Texas
Property Code relating to security devices do not apply to this Agreement, since the Term is ninety (90)
days or less.
Temnorary Lease Agreement. Page 2
17. Insurance. City shall maintain insurance on the Premises as it deems appropriate, and
Tenant shall maintain insurance on the contents and Premises as Tenant may deem appropriate during the
Term. Tenant is encouraged to obtain a renter's insurance for personal property and flood. City shall
have no liability with respect to any of the perils, which could be covered by insurance.
18. Indemnity Tenant indemnifies City from the claims of all third parties for injury or
damage to the person or property of such third party arising from the use or occupancy of the
Premises by Tenant. This indemnification includes, attorney's fees, costs and expenses incurred by
City.
19, Designee. Tenant designates the following as the person to contact pursuant to Texas
Property Code, Section 92.014 (a), in the event of Tenant's death, concerning the Premises:
Name of Designee: %4.vLU 4 &ahnAnn
Address of Designee I j I, . q0 UQ j (o IC, (AP 1 ?�2� %
Telephone Number of Designee:
and in the event of Tenant's death, City is further authorized to (i) grant Tenant's designee access to the
Premises at a reasonable time and in the presence of City or City's agent; and (ii) allow Tenant's designee
to remove any of Tenant's property found at the Premises.
20, Notice. Any notice required to be given under the provisions of this Agreement shall be
in writing and shall be duly served when it shall have been personally delivered or mailed by certified
mail, return receipt requested, in a United States Post Office, addressed to the Parties at the addresses first
mentioned hereinabove.
21. Laws. This Agreement shall be governed by the laws of the State of Texas and venue for
all purposes hereunder shall be in Friendswood, Galveston County, Texas. Tenant shall comply with all
applicable laws, restrictions, ordinances rules and regulations with respect to the Premises, including
those of the homeowners' association.
22. Determination. Discretion, Action. Whenever this agreement requires a determination,
discretion, or action by City, such shall be exercised by the City Manager for and on behalf of City.
23, Severability. If any provision of this Agreement is construed to be illegal or invalid, this
will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will
be deemed stricken from this Agreement and deleted to the same extent and effect as if never
incorporated herein.
24. Binding Effect. The covenants and conditions contained in this Agreement set forth the
entire understanding of the parties and shall apply to and bind the heirs, legal representatives, and assigns
of the parties to this Agreement, and all covenants are to be construed as conditions of the Agreement.
No provision of this Agreement may be altered or terminated by oral agreement.
WITNESS our hands and seals this � � &day ofJ1,l.1u, 2022.
CITY: City of Friendswood
fN1ORAD KABIRL City Manager
TENANT
James Hernandez/ �//
STATE OF TEXAS
COUNTY OF GALVES §
Before me, �OY the undersigned notary public, on this
day personally appeared Mickell Hernandez, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed. 0 _
SUBSCRIBEDAND-S,W9BYbefore.=this 7k% of AWX 2022•
NOTARY ID 01088519.8
h My Commission Expires of c in and for the State of Texas
•• , t<+'• June 10, 2025
STATE OF
COUNTY OF GALVESTON §
Before me, the undersigned notary public, on this
day personally appeared L known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me thisldiwt2022,
.•,g„ S BOMAN o blic in and for the State of Texas
a?''4 h NOTARY ID k1088519.8
•�:y My Commission Expires
°+'•'d..E``• June 10, 2025
H:\Contracts\Frenchman's Creek HOA Earnest Money Contract\EtesidenUal Lease\Residential Lease,doc
Temoorary Lease Agreement Page 4
STATE OF TEXAS
COUNTY OF�GALVESTON/i §
BEFORE ME��,` . �I�';�e 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 expressed.
SUBSCRIBED AND SWORN before me this �Z�y�ay�c�f July, 20�,
��'1/, % Ill. ���!��•►�
;�tir�; GLENDA C. FAULKNER
:�� ,� MY COMMISSION EXPIRES
=� JUNE 1, 2026
��'�'i,°,'„�� NOTARY ID: 726711933
GRANTORS' ADDRESS:
Nickell &James Hernandez
151 Moss Point
Friendswood, TX 77546
AFTER RECORDING RETURN TO:
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
AFFIDAVIT AS TO DEBTS, LIENS, POSSESSION AND TAXES
(for Sales Only)
GF# BOFW2201957
Unit Tract#
SUBJECT PROPERTY:
ADDRESS: 151 Moss Point, Friendswood, TX 77546
LEGAL DESCRIPTION:
Unit One (1), in Building Five (5), 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 in the
Office of the County Clerk of Galveston County, Texas, and being more particularly described by metes and
bounds on Exhibit "A" attached hereto.
BEFORE ME, the undersigned authority, on this day personally appeared
Nickell Hernandez and James Hernandez, 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,
Except as noted below, there aze 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 o
adverse possession, except: kl Q Zcas4L
unpaid debts for plumbing fixtures, water heaters, swimming pool, fiunaces, 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: Mr. Cooper J
Approximate Amount: See HUD
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 d ederal or State taxes and at 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 o delinquent S County, City, School District, Water District or other
governme gency 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 fo paving outst ding against
the property, and we have signed no petitions for the payg_o£the street or alley
adjoining this property and know of no petitions being circulated for payment.
Ali labor and material used in the construction of improvements, if any, on the above
hagunbed 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 ' ankruptcy or receivership, at have been instituted by,
or against me/us, and Uwe hau ever 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 aze 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.
I/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 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 July ( , 2022
SELLER'S SIGNATURE(S):
STATE OF TEXAS
COUNTY OF Galveston
SWORN TO, SUBSCRIBE A(
and James Hemandez,on July 2022.
ave.; ��cr.�ctm��avm�a�m
f r��'� * NOTARY ID x10885t9-8
'•` My Commission Expires
BEFORE ME, BY Mickell Hernandez
Notary Public. State of Texas
Notary's Printed Name_
My Commission expires:
EXHIBIT "A"
Unit 1, Building 5, of a Partial Replat of FRENCHMAN'S CREEK TOWNHOUSES, a subdivision m
Galveston County, Texas, according to the map or plat thereof recorded m Volume 15, Page 199 of the
Map Records of Galveston County, Texas. Subject property containing 5671 square feet of land, more or
less out 5.3071 acres out of Reserve "F" Polly Ranch Estates and Frenchman's Creek Townhouses,
Section 1, in the Sarah McKissick Survey, AA51, Galveston County, Texas, and being more particularly
described by metes and bounds as follows:
Unit 1I, Building 5: 5671 square feet of land out of 5.3071 acres out of Reserve F of Polly Estates and
FRENCHMAN'S CREEK TOWNHOUSES, SECTION 1, in the Sarah McKissick Survey, A-151, Galveston
County, Texas, and being more particularly described as follows;
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most Southerly
corner of Lot 33, Polly Ranch Estates on the Northeasterly R. O. W line of Pine Drive (60 feet wide);
THENCE North 69 deg. 25 min. 12 sec. East a distance of 534.97 feet to a 1/2 inch iron rod for corner
and PLACE OF BEGINNING of the herein described tracts;
THENCE 12 deg. 04 min. 10 sec. West a distance of 47.92 feet to a 1/2 inch iron rod found for corner;
THENCE North 11 deg. 43 min. 06 sec. East a distance of 81.73 feet to a 1/2 inch iron rod found for
corner;
THENCE South 78 deg. 16 min, 54 sec East a distance of 50.00 feet to a 112 inch iron rod found for
comer;
THENCE South 11 deg. 43 min. 06 sec. West a distance of 116.91 feet to a 1/2 inch iron rod found for
comer;
THENCE North 78 deg. 15 min. 15 sec. West a distance of 1.30 feet to a 1/2 inch iron rod found for the
Beginning of a curve to the left;
THENCE along the arc of said curve to the left, having a radius of 54.00 feet, a central angle of 32 deg.
56 min. 35 sec. a distance of 31.05 feet to the PLACE OF BEGINNING containing 5671 square feet of
Land
`�✓�
EXECUTED on July 1 , 2022
SELLER'S SIGNATURE(S):
THE STATE OF TEXAS
COUNTY OF GALVESTON
SWORN TO, SUBSCRIBED AND
Hernandez, on July �, 2022.
:: ��� :Z���canmm��c�ca�m�m
i .?t. ho � S BOMAN
;�4 `�•
t NOTARV ID a1088579.8
�, / My Commission Expires
�''�'o.•.a; • June 10, 2025
BEFORE ME, by Mickell Hernandez and James
TEXAS
EXHIBIT "A"
Unit 1, Building 5, of a Partial Replat of FRENCHMAN'S CREEK TOWNHOUSES, a subdivision m
Galveston County, Texas, according to the map or plat thereof recorded m Volume 15, Page 199 of the
Map Records of Galveston County, Texas. Subject property containing 5671 square feet of land, more or
less out 5.3071 acres out of Reserve "F" Polly Ranch Estates and Frenchman's Creek Townhouses,
Section 1, in the Sarah McKissick Survey, A-151, Galveston County, Texas, and being more particularly
described by metes and bounds as follows:
Unit 1, Building 5: 5671 square feet of land out of 5.3071 acres out of Reserve F of Polly Estates and
FRENCHMAN'S CREEK TOWNHOUSES, SECTION 1, in the Sarah McKissick Survey, A-151, Galveston
County, Texas, and being more particularly described as follows;
COMMENCING for reference at the Westerly corner of said Reserve F, same being the most Southerly
corner of Lot 33, Polly Ranch Estates on the Northeasterly R. O. W line of Pine Drive (60 feet wide);
THENCE North 69 deg. 25 min. 12 sec. East a distance of 534.97 feet to a 1l2 inch iron rod for corner
and PLACE OF BEGINNING of the herein described tracts;
THENCE 12 deg. 04 min. 10 sec. West a distance of 47.92 feet to a 1!2 inch iron rod found for comer,
THENCE North 11 deg. 43 min. 06 sec. East a distance of 81.73 feet to a 1/2 inch iron rod found for
comer,
THENCE South 78 deg. 16 min. 54 sec East a distance of 50.00 feet to a 1/2 inch iron rod found for
comer;
THENCE South 11 deg. 43 min. 06 sec. West a distance of 116.91 feet to a 1/2 inch iron rod found for
comer;
THENCE North 78 deg. 15 min. 15 sec. West a distance of 1.30 feet fo a 1/2 inch iron rod found for the
Beginning of a curve to the left;
THENCE along the arc of said curve to the left, having a radius of 54.00 feet, a central angle of 32 deg.
56 min. 35 sec. a distance of 31.05 feet to the PLACE OF BEGINNING containing 5671 square feet of
Land
BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
NOTICE
PATRICK F.
li Y FT.Sii3
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 TrrLE, 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 L.wD Ttn.E, 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 chazge 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 Servicec Charee or Ranee of Charees:
i SouTe LArvD TrnE, LLC (premium fees as set by
State Board of Insurance
and vary depending on
value of transaction and
credits available to
consumer)
Realty Tax Search 525.00
ACKNOWLEDGEMENT
Uwe have read this disclosure form, and understand that Patrick F. Doyle is referring me/us to purchase the above -
described settlement services and may receive a financial or other benefit as the result of this referral.
SELLER'S SIGNATURES:
{00028567.DOC}
PRORATION TAX REFUNDS
Date:J*7,2022
Attention: Taxing Authority GCAD No: 201140
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, Texas.
Send any tax correspondence (specifically refunds or applications for refunds)
directly to us at the following address:
� i I iL�.f ■' �_I1J'C
AddressStreet
1 R ri
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):
Mickell
SELLER ADDRESS FORM
GF#: BOFW2201957
NAME Mickell Hernandez and James Hernandez
ADDRESS a�; Jam) LC��T � Pr
Mickell Hernandez CELL PHONE 7 13' 3y CDT
J q0 6
James Hemandez CELL PHONE
Mickel] Hemandez EMAIL ADDRESS
James Hernandez EMAIL ADDRESS
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 arbitrate, 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 arbitration process. In
addition, you cannot usually appeal an arbitrator's award.
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 arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
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 are 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 arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company
or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable 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 award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction."
GNAT RE
DA' E
FORM T-7: Commitment for Title Insurance Page 10