HomeMy WebLinkAbout(2) PO 5874: LAKE ARTHUR DRIVE - SALE OF PROPERTY
interoffice
MEMORANDUM .
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~t'is.-t j;~.-!,,re...-
Date: May 30, 2008
Subject: P. O. No. 5874; Council Meeting June 3, 2008
Attached is P. 0. No. 5874 as it pertains to the purchase
price and sale of approximately 18 acres of land in the vicinity of
Lake Arthur Drive. This was tabled at the May 20, 2008 Council
Meeting. There is a need for Mr. Shomalzadeh to execute an access
and drainage easement on 'the 11 acre tract and a drainage easement
on the 18 acre tract. The exhibits are being worked on and if not
completed by Tuesday, this matter may need to be tabled.
MTS:is
Attachment
cc: City Engineer
Pete Steele
z.po58'!4 memo3
P. O. No. 5874
05/30/08 is Updated
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE PURCHASE PRICE
AND SALE OF APPROXIMATELY. 18 ACRES OF LAND IN
THE VICINITY OF LAKE ARTHUR DRIVE
WHEREAS, it is deemed in the best interests of the public to
authorize the sale of approximately 18.380 acres of land off Lake
Arthur Drive for the purchase price of $60,000 to Hassan
Shomalzadeh, who plans to develop the approximately 18.380 acres
and the adjacent 11 acres in the. future as a residential area, as
delineated in the 'request from Hassan Shomalzadeh and as
forwarded by Pete Steele, his attorney, attached hereto as
Exhibit "A"; and
WHEREAS', the seller, Hancock, Joseph & Daniels, Inc, obtained
title to -the .property under a Deecl without Warranties from the '
PCMUD on January 12; 2000, a copy of which is attached hereto as
Exhibit "B" and have executed an Unimproved Property Contract with
Hassan Shomalzadeh, attached hereto as Exhibit "C"; and
WHEREAS, the authorization to sell the property requires the
approval of both the United States Department of Commerce, National
Oceanic and Atmospheric Administration (NOAH) and the City, with
the net proceeds. being paid to the City; and
WHEREAS, as successor in interest to the PCMUD, the City is.
eligible to receive the net proceeds from the sale of the property
to Hassan Shomalzadeh'in the amount of $54,564.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
z.po5874 updated
Section 1.
That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Council approves the sale of
the approximately 18.38 acres of land off Lake Arthur Drive to
Hassan Shomalzadeh, so long as the-City received $54,564 in net
proceeds.
Section 3. ;That Hassan Shomalzadeh or his assignees
shall build on this property residential Neighborhoods comparable
to the, immediate surrounding areas and will abide by any
outstanding mitigation requirements,' if any.
Section 4. That Hassan Shomalzadeh shall sign the Access
Easement on behalf of the City ,f or access, in substantially the
same form as described "D", on the adjacent. 11 acre tract with
the corridor being approved by'`the City Engineer and the final
documentation to be approved by the City Council.
Section 5. That Hassan Shomalzadeh shall sign the
Drainage Easement on behalf of the City, in substantially the
.same form as described "E", on the adjacent 11 acre tract with
e
the corridor being approved by the City Engineer and the final
documentation to .be approved by the City Council.
Section b. That Hassan Shomalzadeh shall sign the
Drainage Easement on behalf of the City on the approximately
18.38 tract, in substantially the same form as described in
Exhibit "F",, with the corridor being approved by the City
Engineer and the final documentation to be approved by the City
Council.
'~ 1
Z.po5674 _upda ted ~
` __
Section 7. -'That Hassan Schomalzadeh.shall sign. this
Resolution agreeing to the terms hereof.
Section 8.That the City Manager is herein authorized to
sign the Authorization to Sell Property,. attached hereto as
Exhibit "G".
Section 9. That a copy of-the caption of this Ordinance
be spread upon the Minutes of the City Council:
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council.
NOES:
ATTEST:
1~1H Y VK
A1:~1~INCi CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATIONc
Cl'1'Y MANAGER
z.po5874_updated
AGREED TO:
BY:
Hassan Shomalzadeh
DATE:
z.po5874_updated -
;.
i
r
..A~~
Lance P. Bradley 2.3
James E. Qim) Wimberley
Glenn H. (Pete) Steele, Jr.
Jill Swearingen Chatelain z,e
A T T O R N E Y S A T L A W
April 23, 2008
Nationa] Oceanic and Atmospheric Administration •
Office of Oceans and Coastal Resources Management
Attn: Ruth Best
1305 East-West Highway. .
N/ORM SSMC4, Room 10412
Silver Spring, MD 20910
Mark Sokolov, City Attorney,
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77641
RE: Permission for Hancock, Joseph & Daniels, Inc. to sell land
Gentlemen:
Richard D. Hughes-Of Counsel'
Justin G. Sanderson'
Brandon P.. Monk s ,
Kelly J. Stewart
~ECEIVE®
APR 2 4 2008
~.EGAC DEPARTMENT
I am representing the purchaser Hassan Shomalzadeh under a contract for the purchase of
approximately 18.380 acres of land off Lake Arthur Drive in Port Arthur; Texas.
The seller, Hancock, Joseph & Daniels, Inc., obtained title to the property under a Deed Without
Warranties from the Park Central Municipal Utility District (PCMUD), a copy of which is
attached hereto as Exhibit ,l: As I understand it, the PCMUD was dissolved several-years ago,
and the City of Port Arthur, Texas is the successor in interest to PCMUD. The deed requires that
any contract of sale must be approved. in writing by the United States Department of Commerce
National Oceanic and Atmospheric Administration and PCMUD, with the net sale proceeds being
paid to PCMUD (actually to the City of Port Arthur as successor to PCMUD). The contract bears
a grosssale price of $60,000. The value of the property is listed at $32,170 on [he tax rolls.
I attach to this letter as=Exhibit 2 a five copy of the contract of sale, which is contingent upon the
approval of NOAA and the City of Part Arthur. Attached as Exhibit 3 is a proposed consent
instrument with signature spaces for NOAA and the City of Port Arthur. We are requesting that
you approve the contract of sa]e so that the transaction may proceed to closing at Port Arthur
Abstract and Title Company. Please return the signed instrument back to me as soon as possible.
If you should have any questions or comments please do not hesitate to cal] me at 409-724-6644
or email me at psteele a me-law net Please send me your contact info upon receipt of this letter
so I will know how to contact you. Thank you in advance for your cooperation in this matter.
3120 Central-Mall Drive
Port Arthur, Tx 77642 website: www.mc-law.net
409-724-6644 1-500-830-6785
409-724-7585 Fax
I Board Ccrtificd: Family Law
Texas Board of Legal Specialization
2 6oartl Cv[ifictl: Personal Injury Trial Law
Tczas Board of Legal Spcciatiza[ion
3 Admitted w Pvetlce in TX & MS
9 Board Ccrtificd: Acsidential
Real Esnm and Commerciil Rcal Esnte
Tezas Board of Legal Spttialization
5 Admittedly Practice in TX, MS and LA .
.6 Admitted ro Pnmice iv TX & LA
~ _- _ . -
- - --
•
i~_ _~_ as . -
. ATTORNEYS AT LAW
April 23, 2008 :
' National Oceanic and Atmospheric Administration
Mark Sokolow, City Attorney
Page 2
Sincerely yours, ` 3
~~~
-Pete Steele
mkh ,
Enclosures
c: Hassan Shomalzadeh
4506 Kandywood Lane
Port Arthur, Texas 77642
Hancock, Joseph & Daniels, Inc.
'Tim McKenzie, President
127 Noyant Drive
Little Rock, Arkansas 72223
EX~-II~IT .®~~.~
--- STATE OF `T'EXAS $
~ COUhTY OF JEFFERSON ~ ~ ~ DEED vVJTTiOTTF WA.RTiAN7')FS
~ The Park Central lt•Ittructpal Unhty District, a body palrtr and political subdivision of the
r•i
4f3 .State of Texas, argantzed and existing under Chapters 49 and 54 of the Texas Water Code {the
O "Grantor"} for and in constdera[ion of the sum of ten dollars ($10 00) and other geed and
O
t-.i valuab':e consideration,..including those agreements set fi,tttt in [hat certain Real Estate Option
p ~ ,
O Agrcement dated Apn19 .1997 {the "Agreement"}, in hand paid by 13ancack, J
N oaeph R Daniels,
Inc., a Texas Corporation {the 'Grantee") the receipt of which is hereby acknowledged, has t •,
granted, sold arnl conveyed and by these presents does grant, sell and'convey unto Grantee all of r -N
that certain real property situated tit Jefferson County, Texas, more fully described in Exblbit
"A" attached hereto and made a part hereof for all purposes
This conveyance is made subJect to the following requirements; .
1) All restrictions, easements, covenants, conditwns and prior. conveyances and
reservattans of ntuieral and royalties of record in the office of the County Clerk of
Jefferson County, Texas; to the extent That the satire are still in effect and relate [o
the Property;
Z) All zoning laws,. regulatrons and ordinances of munictpal and other goverrnneataT.
authorities, if any, but. only to the extent that they are in. effect and relate the
above described property;
•;.3) Property tares on the above described property for the current tax and any
subsequenttax years, which arc:ooryetdue and payable;,
4) Reservation of a right-of way and access easement in .favor of the. adjacent real
property awned by the Grantor constituting approxttnately twenty-two aces of
land utrltzed.by the Grantor as au equivalent ponduig site pnrsuam to cerisut
ohlrgahans and agreements made by the Grantor with tt;e United States
Departr~nt of Contnlerce and the National Oceanic Atmospheric Association, and
,' S) Grantee-may not contract for the sale oC any real property interest in, on or out of
the Property without the prior written approval of-both the Urutetl States
Department of Commerce National Oceamc and Atmospheric Administration and
s
` ~ Exhibit "P'
GldiPpF - ;,~':+':.<aaSTiu.Cvr,i ~ , .. .:...........,_.
,,
ttte Grantor, and should such approval he. granted, then Grantee covenants that ~
any net proceeds after paymient of (t) site development costs incurred by Grantee
only upou'the Property and (ii) closir(g costs for the sale of the Propery shall be
paid by Grantee to the Grantor. " _
An access easement•.in and across the Property is reserved to.the Grantor and to t$e
Grantor's successors and,assigns and shall remain aright-of--way or easement in and across the
Property, but tray be along such roadways as are used by Grantee on the'Ptnperty.
Grantor excludes "and excepts any warranties; expressed or "implied, regarding the
Property, including, without limitations, any warranties arising by Gammon taw ar Section 5023 _
of the Texas Property Cads ar r[s successors, and Grantee accepts the Property "AS IS AND
WITH ALL FAULTS, IF ANY, AND WITHOU'T' ANY WARRANTY, EXPRESSED OTt
IhiPLED AND WITHOUT WARRANTY AS TO ACCESS TO THE PROPERTY. Grantee
also accepts any and all rnatenal removed from the Property pursuattt to the Agreement in an
"AS IS AND WITH ALL FAULTS, IF ANY, AND. WITHOUT Al~t"Y WARRANTY,
EXPRESSEDoOR IMPLIED-" Speclficstly, without limiting the generality of the foregoing,'
Grantee accepts the material wtthout any warranties as to environmental conditions existing
wtthia the materials or the suitability of the materials far any particular purpose or development
.. - U5C oY pofenClal ~.
• To have and to. ho]d fire Property, together with ail and singular the rights and
appurtenances belonging m,-any way to the' Property, sublect to the lunitatioris, waivers of
warranty, access and other ;provisions stated above, to Grantee its successois and its assigns
forever. without warranty of arty kind. Upon possessran of the Property, Grantee acknowledges
it has examined the Property as well as any improvements located thereoh anti accepts-the
Property "AS IS AND WITH ALL FAULTS: IF ANY, AND WITHOUT ANY WARRANTY,
GOODSeNC,{Ir9147
Pape Y
d. ..
S
EXPRESSEI? OR IMPI.iED "Grantee. has fttrtlter,~nd previously acknowledged to Grantor that
Grantee_ accepts the Property in tts present canditlan and agrees thaz the Property is fit for
Grantee's intended use.
GRA.~I"TOR:
Park Cenfral Municipal Utility
r
Moris Carter, president, Board
~ v~o ACCEPTED AIv~~APPROVED this the ~~ ~ of
-IS9}.- Y
j GRANTEE:
I
• STATE OF TEXAS I .
COUNTY OF JEFFERSON ¢
F
'Hancock, Joseph & I~niels, Inc,
. By '
ancoc:k, President
This instr+unent was acknowledge before me an the ~af~ day of vac
• -I~4, by MORRIS CARTER, President for the Park Central nIclpai U y
District. aot~p
IIA906A,YII~IDWIACAIP
b11S'TY G. MUSE
'{~• ~COkNAtS3tONE%PtRE3
z-t~-aaaz
it~~~t~
I
r
Y
1
dOOASONO~L'9Ia9
.... ..
~a ~-e~.1
Notary Publ rate of Texas
PuQt 7
hGF'aF -'.r.'4'.a a- yq~C,t~~
STATE OF TEXAS ~ § --
COUN'T'Y OF JEFFERSON §
Thts instrument was acicnawledged before me on the ,--25 `day of G~c U~
1994, by JOE HANCOCK, President for Tiattcock, Josepk & I?anieLs c.
i„
.~
s$''R~ CRRULYN L. LIN?C V .e.a.~ ~.,J~. ~
_.~ _` >raarr F~.ec..s;~a or r::., Notary Pub1rE, State of Texas
~~m.,,,,~°'P~_ Mt~4RCH'J.~3n,F24fl2
AFTER RECORDIllTG, RETURN TO:
M; Joe Hancock
The Willows Apamnents
7924 Wiltowood Iane
Part Arthur, Texas 77642
r'~ ~
,~
~ SIT "A"
A tract or parcel of land contaiping 18 38 acres of Land, more or less, out of and a pare of a
45 206 acres, out of and a• parr of Lots. Numbered Scven and Eight (pt, of 7 & 8) to Block
Number Tea (Ifl),'Aange 'Ii" anti pa_*t of Lot Number Ftve.(pt. of 5) m Block Number Ten
(IO), Range "G" of the Lands of the Port Arthur Land Company iri Jefferson County, Texas,
as the same appears upon the map. or .plat thereof, of fife and of record m Vol. I, Page 22, Map
Records of Iefferson County, Texas; said ttaci being further depicted on a preluninary drawrng
prepared by Joha R. Hodges. Registered Public Land Surveyor No. 4583,-dated Tune 2b, 199S-
,. - .. .~ ~~. ~Y
2oa1 A116 z3 01:56 ~ zaolo~Sl
SAt~lf Wl~l<ER
JEfFt'}25[CEN[11~t; fTC~1~T~K TEXAS
GOOIISOt+411 Z91ac .. r'%PGS
~~H~~~~
\\ ~ O®
BY THE
1. FARTfES:
'agrees td
(Seller)
2. PRAPERTYt Lot ~ ~ ,Block ,See Spacial Provisions
Additi6n, City of Port :Arthur ,.County of Je££erson ,Texas, known as
1B 380 Acres Off Laka Arthur Dr 7764
(address/zip code), or as described on attached exhibit together with afI rights, pnvlleges and appurtenances
perfaming tliereta, including but not limited to: water rights, claims, permits, strips and gores, easements, and.
cooperative.or association memberships (the Property).
3. SALE$ PRIDE:
A. Sash portion of Sales Price payable by Buyer at closing .................................................... $ 60 ..000- 00
B. Seim of all financing described below (excluding any loan funding
fee or mortgage insurance premium) ................................................................................... $ -0_
C. Sales Price Sum of A and 8 _
4. FINANCING: The ortion of Sales Price not payable in cash will be paid as follows (Check applicable boxes below)
[] A. THIRD PARTY FINANC ...................................................... .. $ 60.000.0.0
ING: One or more thud party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage Insurance premium).
(1) Property Apptoval:.lf the Property does not satisfy the lenders' underwriting requirements for the loan(s);
this contract well terminate and the eamest money will be refunded to Buyer.
(2) Financing Approval: (Check one box only)
^ (a) This contract is 'subject to Buyer being approved for the financing described in the attached Third
Party Finari¢ing Condition Addendum.
Q (b) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA
financing:
^ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described fn
the. attached TREC Loan Assumption Addendum.
^ C. SELLER FNANCING: A promissory note from Buyer to Seller of $ secured by
vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller
Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a
mortgagee policy of title Insurance.
5. EARNEST MONEY: Upon execution of this contract try both parties, Buyer shall deposit $1.000.00
as eamest,MOney with i Port Arthur Abstract & Title co , as escrow agent,
2t 2950 Trtle Creek Drive Port P.rthur Tx 77642
(address). Buyer shall deposit addlhonal earnest money of $ with escrow agent within
days after the effeetlGe date of tliis contract. If Buyer fails to deposit the earnest money as required by this contract,.
Buyer will be;(n default.
6. TITLE FOLICYAND SURt[EY: '
A. 77TLE PQLICY: Setter shall famish to Buyer at xQ Setter's ^.Buyer's expense an owner policy of title insurance
(Titre Policy) issued by Port Arthur Abstract s Title ca
(Title Company) In the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the
provisions of the Titie Policy, subject to the promulgated exclusions (including existing building and zoning
ordmanceS~ and the following exceptions:
(1) Restrictive oavenants common to the platted subdivision in which fhe Property Is located.
(2 The standard punted exception for standby fees, taxes artd assessments.
(3; ~enssreated as part Of the financing described fn Paragraph 4. -
{4) Utility easements created tiy, the dedication deed or pia[ of the subdivision in which the Property is. located.
S) Reservations or exceptions otherwise permitted by this contract or as may tie approved b)' Buyer in writing.
~6) The standard printed exception as to marital rights.
n The standard printed exception as to waters, tidelands, beaches, streams, and retafed matters.
(B~The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overtopping improvements. Buyer, at Buyer's expense, may have the
exceptipn amended to read, "shortages in area'.
B. COMMjTMENT; Withm 20 days after the Title Company receives a copy of this contract, Seller shall famish to
Buyer a commitment for Gtle insurance (Commitment) and, at Buyer's expense, legible copies of restrictive
Initialed for identification by Buyer ~n _ and Seller
(i'AR-1607) 2-13-08
TR'EC N0.9-6
Page 1 of 6
BlotmJ FropeNri ZB2GNall, PortNcdies TX )7651 _
Phbnc4097215533 Fax: (d'69) 721-9560 Ronald 1. Blount ~ Hassan 19.38 A
Prayucad vdlA 21pForm"' 6Y RE FortnsNe~ LLC 18075 Fifteen Mile Roed, CMlon Township MlWgan 48635 wwrv.zlorarm2om
it
UNIMPROVED PROPERTY CONTRACT
NOTICE: Not For Use Far Condominium Transactions
Exhibit " 2"
18.380 Acres Off Lake Arthur Dr.
:onlreetCanceming- Port Arthur 77642 Page2o(8 02-13-06
j (Address of Property)
covenants and documents evidencing exceptions I4ahe Commitment (Exception Documents) other than the
siaridard printed exceptions. Seller authorizes the Title Company. to deliver the Commftment and Exception
Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents
are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15
days or the Closing Date, wtiiehever is earlier.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to tale Title
Company and any lender. (Check one box only)
^ (1) Within days. after the effective date of this contract, Seller shall furnish to Buyer and Ttie
Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated
by the Texas Department of Insurarice (Affidavit). If the existing survey or Affidavit is not acceptable to
Title Company or Buyer's lender, Buyer shall obtain a new survey at 0 Seller's Q Buyer's expense no
later than 3 days prior to Closing Date. If Seller fails to fumish the existing survey or Affidavit within the
time prescribetl, Buyer shall obtain a new survey at Sellers expense no later than 3 days prior to Closing
Date,
xQ (2) Within 45 days after the effective date of this contract, Buyer shall obtain a new survey at
Buyer's expehse. Buyer is deemed to receive the survey on the date of actual receipt or the date
specified in this paragraph, whichever is earlier.
(] (3) Within days after the effective date of this contract, Seller, at Sellers expense shall fumish a
new survey to Buyer.
D: OBJECTIONS: Buyer may object in wdting to (i) defects, exceptions, or encumbrances to Title: disclosed on the
survey other than items 5A(1) through (7) above; or disclosed in the Commitment other than items 6A(1)
through (8) above; (ii) any portion of the Property lying in a special flood hazard area (Zone V or A) as shown on'
the current Federal Emergendy Management Agency map; or (Iii) any exceptions which prohibit the fallowing
use or activity:
csuyer muse oofect not later loan (r) the t;los{ng Date or (ii) days after Buyer receives the Commitment,
Exception Documents, and the survey, whichever is earlier. Buyers failure to object within the time allowed will
constitute a waiver of Buyers right to object; except that the requirements in Schedule C of the Commitment are
not waived. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of
Buyer or any third party lender within 15 days after Seller receives the objections and the Closing Date will he
ertended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the
earnest money will tie refunded to Buyer unless Buyer waives the objections.
E TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covedng the Property
examined by an attorney Hof Buyers selection, or Buyer should be furnished with or obtain a Title Policy. If a
Title Policy is furnished, the Commibent should be promptry reviewed by an attorney of Buyers choice due
td the lime limitations on Buyers right to object.
(2) MANDATORY OWNERS' ASSOCIATION MEMBERSHIP: The Property^ is xQ is not subject to mandatory
membership in an owners' association. If the Property is subject to mandatary membership in an owriers'
association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the
residential community In ;which the Property is located, you are obligated to be a member of the owners'
association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory
instrument governing the' establishment, maintenance, and operation of this residential community have
been or wilt be recorded in the Real Property Records cf the county in which the Property is located. Copies
of the restrictive covenants and dedicatory instrument may be obtained from the county Berk. You are
obligated to pay assessments to the owners' association. The amount of the assessments is subject to
change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. If
l~ t Is concerned about these matters, the TREC promulgated Addendum fm Property Subject to
Mandatory Membership in an Owner's Association should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutofily created district
providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water CciJ'e,
requires Seller to deliver and Buyer to sign the statutory nonce relating. to the tax rate, bonded
indebtedness, or standby fee of the district prior to foal execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural
Resources Code, requires a notice regarding coastal area Pm erty to be included in the contract. An
addendum containing the Notice promulgated by TREC or required by the parties must be used.
C5) AiJNEXATION: If the. Property is located outside the limits of a municipality, Seller notifies Buyer under
§5.011, Texas Property 'Code, that the Property may now or later be included in the extraterritorial
jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each
municipality maintains a map that depicts fts boundaries and extraterrtodai jurisdiction. To determine If the
Initialed for identification by Buyer '11Yb _ and Seller E~~_ TRl=C NO. 9~6
(TAR-iBO~ 2-13.08 <~ - Page 2 of 8
Prgd0ced viA7lpFortn1° %RE FurmaNel, LLC 180]5 FHteen M-e Raad, CMtan Township. Mnddgan ~8W5 wvw~ztoform corn Huian {838 A
i
' 18-.~8t}~crea--Of-f--hake-Arthur Dr.- - -- -
ContracfConeeming Port Arthur 77fi92 Page 3 of t1 o2d3.Ofi
(Address oT Property) ,
Property is located wlthiri a municipality's extraterritorial jurisdiction or is likely to be located within a
municiparity's extratartitodal jurisdiction, contact all municipalities located in the general proximity cf the
Property for further information.
(5) PROPERTY LOCATED IN'A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice'
required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase
may be kcated in a certificated water or sewer service area, which is authorized by law to provide wafer or
sewer service to fhe properties in the certificated area. If your property is Iecated in a certificated area there
may be special costs or charges that you will be required to pay before you can receive wafer or sewer service.
There may be a period required to construct lines or other facilities necessary to provide water or sewer Service
`to your property. You are advised to determine if the property is in a certificated area and contact fhe ufility
service provider to determine fhe cost that you will be required to pay and the period, if any, that is required to
provide water or sewer service to yeur property. The undersigned Buyer hereby acknowledges receipt of the
foregoing notice at or before fhe execution of a binding contract for the purchase of the real property described
in Paragraph 2 or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, §5:014, Property
Cade, requires Seiler to notify Buyer as follows: As a purchaser of this parcel of real property yeu are obligated
tc pay an assessment to: a municipality or county for an improvement project undertaken by a public
improvement district under',Chapter 372, Local Government Code. The assessment may be due annually or in
periodic insfallmamts. More' information concerning the amount of the assessment and the due dates of that
assessment may be obtained from the municipality or county levying the assessment The amount of the
assessments is subject to change. Your failure to pay the assessments could result in a lien on and the
-°--'- _ -
(8j TEXAS AGRICULTURAL ;DEVELOPMENT DISTRICT: The Property ^ is ®Is not located in a Texas
Agricultural Development District For additional information, contact the Texas Department of Agriculture,
T: PROPERTY CONDITfON: ~,
A. ACCESS,IN$PECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property of
reasonable times. Buyer may have the Property inspected by Inspectors selected by Buyer and licensed by TREC
or otherwise permitted by law to make inspections. Seller at Sellers expense shall turn on existing utilities for
inspections. .
NOTICE; 9uyer should determine the avaNability of utilities to the Property suitable tc satisfy Buyer's needs.
t3. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present coridifion; provided
Seller, at Seller's expense, shalt complete the following:
C, COMPLETION OF REPAIRS: Unless otherwise agreed in writing, Seller shall complete all agreed repairs prior to
the Closing Date. All required ;permits must be obtained, and repairs must be performed by persons who are
licensed nr otherwise permitted by law to provide such repairs. At Buyer's election, any transferable warranties
received by Seller with respect to the repairs will be transferred to Buyer at Buyers expense. If Seller faits to
complete anyagreed repairs prior to the Closing Date, Buyer may do so and receive reimbursement from Sailer at
closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs.
p: ENVIRONMENTAL MATTERS;' Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other ehvironmental hazards, or the presence of a threatened or endangered species or ifs
hatiitat may affect Buyer's Intended use of the Property. If Buyer Is concerned about these matters, an addentluiit
promulgated 6 TREC or required by the parties should be used.
E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, ~Selier has no knowledga.of the
following: '
('f any flooding of the Property;
($ an nding or threatened Irhgation, condemnation, or special assessment affecting the Property;
(3 any~nvironrnental hazards or conditions affecting the Property; -
4) any dumpsite, landfill, or undergground tanks or containers now or previously bated on the Property;
f 5) any wetlands, as defined byifederal or state law or regulation, affecting the Property; or
(6) any threatened or endangered species or their habitat affecting. the Property.
8, BRQKERS' -FEES: AO obligations of the parties for payment of brokers' fees are contained in separate writthn
agreements.
9. ClOSIhfG:
A. The closing of the sale will be olt or before Anri1 11 , 2068 or within 7 daysafter
objectiohs made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If eltfier
parry fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies contained in
Paragraph 15.
Initiated far identification by
and Seller
Tf2E0 NO, 9-fi
Page 3 of a
11>~san 1838•A
(I'AR-'16U7) 213.08
fh8d:imd wl8f apFbrm"' Ey RE FomuN9t LLC 18825 Fiftemi Mlle Rde0. Crmtan Towtmlllp, MlcMpan 48 Wi www.ziaformrmn
i
_ 18.380_Acres-_OEf_Laka_Arthur~-Dr. -----~- ----
Contract Concerning _ Port Arth 17 662 Page 4 of 8 02.13-0t1
(Addrass.of Properly) .,
;B. At Closing:
(1) Seller Shall execute and defrver a general warranty deed cohveying Title to the Property to Buyer and showing
no additional exceptions to those permitted In Paragraph 6 and furnish tax statements or ceHificates showing
no tlelinquent taxes on the Property.
(2} Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan
documents and other documents required of them by this contract, the Commitment or law necessary for the
Closing of the sale end thellssuance of the Title Policy.
C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive,
negotiate and accept back up offers.
Q. All cogenants, representations and warranties in this Contract survive closing.
10, POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition upon
closing and funding. '
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sale. TREC rules
prohibit licensees from adding factual statements or business details for which a contract addendum or other form has
been promulgated by TREC for mandatory use.}
Buyer is aivara, NOAA and the City of Port Arthur will have to approve this
sale if accepted by Seller.
The legal description as defined by the Jefferson County Appraisal District is
as follovrs: LT 5 TR 3 BLK 10 RG G LT 7 TR 4 LT B TR 1 BLR 10 RG H PALCO
18.380 AC.
In reference to Paragraph 23. Buyer waives the Termination Option Period.
In reference to Paragraph 8., Brokers Fee, Broker willraceive fi3 of sales
price for commission, to beheld from the proceeds of this sale.
12, SETTLEMENT AND OTHER EXPENSES:
R. Tfie following expenses must bye paid at or prior tC closing:
(1) Expenses payable by Seiler (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan
liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses
payable by Seller under this contract. '
(b) Seller shall also pay art amount not to exceed $ N/A to be applied
in the following ordea Buyers .Expenses which Buyer is prohibited from paying by FHA, VA, Texas
Veterans Housing Assistance Program or other governmental loan programs, and then to other Buyer's
Expenses as allowed by the lender.
(2) Expenses payable by Guyer (Buyer's Expenses):
(a) Loan origination', discount, buy-dawn, and commitment fees (Loan Fees).
(b) Appraisal tees; loan application fees; credit reports; preparation of loan documents; interest oKthe notes
~rbrn date of dispursement to one month prior to dates of first monthly payments; recording Fees; copies of
.easements and restrictions; mortgagee title policy with endorsements required-by lender, Ioan•related
_ Inspedtfon fees; photos; amortization schedules; one-Half of escrow fee; all prepaid items, Including
required premiums for flood and hazard insumnce, reserve deposits for insurance, ad valorem taxes and
special governmental ,assessments; final compliance inspecdon; courier fee; repair Inspection;
underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Guyer..
under this contract.
6. Buyer shalt pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance
Premium (MIP) as required by the lender.
C, If any expense exceeds an amount expressly stated In this contraot for such expense to be paid by a party, that
party n7aq temtinate this contraot unless the other party agrees to pay such excess. Buyer may not pay charges
and fees expressly prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental
loan program regulatlons.
Initialed for IdentHicatlon, by Buyer; _ and Seller TREC N0. g-B
(TAR-1807) 2.13.08 Page 4 of 8
P7otluced vnlh ZlpFOrm"' 6y RE FomisNar, LLC 7 B02fi FiNsen MIe~ROad, CMtan TOwnslilp, Michigan 48075 yyeybp(Q~Om Fle77en 1$.78A
- _____ 18-.380_Aeres-r7ff__Lake~Arthur Dr. ---- --- --------
Contract Conyeming` > Port Arthur 77642 Page 5 of 8 02-13-n6
(Address of Property)
13. ~PRORATIONS AND BOLLBACIC TAXES: '
•A PROBATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be
prorated through the Closing (Date. The tax proration may be calculated taking into consideration any change in
exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount praratetl at
closing, the parties shall adjust the prorations when tax statements for the current year are available. IP fazes are
rat paid at or prier to closing, Buyer shall pay taxes for the current year.
B. ROLLBACK TAXES: If this 'sale or Buyer's use of tha Property after closing results in the assessment of
additional taxes, penalties or' interest (Assessments) for periods prior to closing, the Assessments will be the
obligation of Buyer if Sellers change in use of the Property prior to closing or denial of a special use valuation on
the Property claimed by Seller results in Assessments for periods prior to closing, the Assessments will be the
obligation of Seller. Obligations imposed by thisparagraph will survive closing.
14. CASUALTY LOSS; If any part of the Property is damaged or destroyed by fire or other casualty after the effective
date of this contract, Seller shall restore the Property to Its previous condition as soon as reasonably possible; but in
any event by the Closing Date. IfSeller fails to do so due to factors beyond Seller's control; Buyer may (a) terminate
this contract and the eamest money will be refunded to Buyer (b) eklend the time for performance up to 15 days and
the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition wifh an
assignment of insurance proceeds and receive credit from Seller at closing in the amount of fhe deductible under the
insurance policy. Seller's obligations under this paragraph are Independent of any other obligations of Seller under
this contract.
45. DEFAULT; If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific
performance, seek such other relief as may be provided by law, or both, or (bj terminate this contract and receive the
eamest money as liquidated damages, thereby releasing bath parties from this contract. If, due to factors beyond
Seller's control, Setter fails Witfilh~ the time allowed to make any non-casualty repairs or deliver the Coinmltment, or
surrey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will
be extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seher
falls to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific
performance, seek such other relief as may be provided by law, or both, or (b) Terminate this contract and receive the
earnest money, thereby releasing both parties from this contract.
T6. MEDIATION: It is fife policy of the Slate of Texas to encourage resolution of disputes through alternative dispute
resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not
resolved through informal discussion 0 will ^ will not be submitted to a mutually acceptable mediation service or
provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a
party from seeking equitable relief, from a court of competent Jurisdiction,
17: ATTORNEY'S PEES: The prevailing party in any legal proceeding related to this contact is entitled to recover
reasonable attorney's fees and a~lcosts of such proceeding incurred by the prevailing party.
18. ESCROW: ~
A, ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or
nonperformance of arty party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss
of any earnest money caused by the failure of any financial institution fn which the eamest money has been
deposited unless the financial institution is acting as escrow agent.
B, EXPEf~§ES: At closing, fife eamest money must be applied first to any cash down payment, then to Buyers
Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid
expenses incurred on behalf of the partles and a written release of liability of escrow agent from an parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest
money to each party and the parties shall execute counterparts of the release and deliver same to the escrow
agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for
ilia earnest money. If only one' party makes written demand for the earnest money, escrow agent shall promptly
provide a copy of the demand to fhe other party. If escrow agent does not receive written objection to the
demand from the other party within 75 days, escrow agent may disburse the eamest money to the party making
demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the eamest money
and escrow agent may pay the wine to the creditors. IF escrow agent complies with the provisions of this
paragraph, each party herebyreleases escrow agent t7om alt adverse claims related to-the disbursal of the
Initialetl far identiflcation by Buyer _ and Seller TREC NO. 9-6
(rAR-1607) 2-13-08 Page 5 of 8
PtcdumC wi8i 7J Fdrfil^' RE FOIrnsHe IL 78U28Fl nMlleR ~
P M L,L C Ree oad. Crnlon TavmsNp. Michigan 48018 lmvfv.dorarm-cram Haven I&38 A
-------- la:-ja0 Acres-OPf-Lake Arthur Dr. _ -~~ ~---~--~~--~
Contract Concerning Port Arthur 77642 Page 8 of 8 02-13-08
(Address of Properly)
D. DAMAGES: Any party whe wrongfully faits or refuses to sign a release acceptable to the escrow agent withih 7
days of receipt of the requests will be liable to the other party for liquidated damages of three limes the amount of
the earnest money.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of
objection to the demand wilt be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or
security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment
of any loans assumed by Buyerand (b) assumed loans will nct be to default. If any representation of Seller imthis
.contract is untrue on the Closing Date, Seller will be in default.
FEDERAL TAX REG1l11REMEN'TS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to
deliver an affidavit to Buyer that Seller is not a "foreigh person," then Buyer shall withhold from the sates proceers an
amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together
with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in exce$s of
spapified amounts is received In the transaction.
i
21. NOTICES: All fiotices from one party m the other must be in writing and are effective when mailed to,
at, ortransmitted by facsimile orelectronic transmission asfoliows:
'fo Buyer at:
Hassan Shomalzadeh
4506 Kandvwood Lane
Port Arthr. Tex 77642
Telephone:.(409) 466-6304
Facsimile: I
E-mail:
To Seller at:
127 Novant Drive
Little Rock Arkansas 72223
Talephone:1501)663-2451
Facsimile:
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changetl
except by (heir written agreement; Addenda which are a part of this contract are (check all app{ICable boxes);
t
^ Third Party Financing Condition Addendum ^ Ehvironmental Assessment, Threatened
i or Endangered Species and Wetlands
^ SellerFir4ancing Addendum I
^ Loan Assumption Addendum
^ Addendum for Property Subject to
Mandatory Membership in art owners
Association ',
^ Addendum for Sale of Other Property by
Buyer
Other (list): '
Initialed for Identification by
(FAR-1607) F•13-08
and
Addendum
[] Addendum for Coastal Area-Property
^ Addendum For Property Located Seaward of
the Gult Intracoastal Waterway
^ Addendum for Release of Liability on
Assumption of FHA, VA, or Conventional
Loan Restoration of Seller's Entitlement
for VA Guaranteed Loan
^ Addendum for"Back.ldp" Contract
ProducetlmTh LpFortn° try RE FomuNer. ~LLC 18045 F"Aleen rAle RObd, COnlen TOVmshlp. Michigan x8015 www.zloformcom
TREC NO. 9-6
Page 6 of B
Hawn tA.38 A
__ 18.380_Acres
O£f
Lake-
Arthur Dr
_
_
_.
_
. -------- ---
Contraet Canceming ~ Port A,r+*±ir 77842 Page 7 of B 02
t3-06
.
(Address of Properly)
23. TERMINATION OPTION: for nliminal consideration, the receipt of which is hereby acknowledged by Seller
and
'
,
Buyer
s agreement Co pay Seller $ NfA (Option Fee) within 2 days aRer the effective date of this
contract, Seller grants Buyer theunrestricted right to terminate this contract by gluing notice of termination to Seller
'
within N
.A days after the effective date of this wntract. If no dollar amount is stated as the Option Fee orlf-Buyer
fails to pay the Option Fee within the, time prescribed, this paragraph will not be a part of this contract and Buyer shall
not have the unrestricted right to terminate this contract If Buyer gives notice of termination within the time
prescribed, the Option Fee will not.be refunded; however, any earnest money will be refunded to Buyer. The Option
Fee ^ will Q will not be credited to the Sales Price at closing. Time is of the essence for this paragraph and
'
strict compliance with the time
for performance Is required.
24. CONSULT AN ATTORNEY; Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY
.
Ifyoudo not understand the effect of ffiis contract, consult an attorney BEFORE signing.
Buyers Seller's
Atfomey Is: Pete steals Attorney is:
3120 Central Mall Dr,
1
Port Arthur, Tex 7764
2 -
Telephone: 19091 72.4-6644 Telephone:
Facsimile: Facsimile:
E-mail: E-mail:
l~
'
.EXECUTED the
/ /I
day of _Z22gi'cfi ~ Z ao 8 (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
~j
Buyer Hassan shomalzadeh Seller Hancock, 3bseph 6 niels,Inc.
Q
Buyer Seller
j
~
The }onn of lhls conbadt has been epprove
d by 1ha Texas Real Estate Commission. TREC farms are intended (or use only by Trained real
estate licensees. No representation L3 madelas to the legal validity ar adequacy of any provision in any spea(c transactions. It Is not intended
Tor winpleX iransacGons. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 7871 1-2188, 1'-800.250-875? or (512) 459-8544
(http7/wivw.treestate.fx.us) TREC NO, 9-6. This form ieplaces TREC NO.9-5. .
I
TREC NO.9-6
(TAR-1607) 2-t3,U8 ~ ~ - Page 7 of 8
Prytluced xath Zrpfonn^' hl' RE Fbm6NeL LLC 18825 Flfleen Milo Road, r7171nMn TovmsNp, Milligan 480.35 xww.zlofacmeem }thtlnn 188 A
---18-380-AC=es-Off-Lake'Arthur Dr.-` - -- -
ContractCdncemMg ~_ Port Arthur. 77642 Page8af6 02-19-06
(Address of Pro erty
BROKER INFORMATION AND RATIFICATION OF FEE
Listing Broker has agreed to pay Other Broker N/A of the total sales price
when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from
Listing Brokers fee at closing.
N/A ~ Blount Properties 0234628
Other Broker 1. ~ License No. Llsttng Broker License Nc.
represents ^ Buyer only as Buyer's agent represents x^ Seller and Buyer as an intermediary
^ Seller as Listing IBrokel's subagent ^ Seller ony as Sellers agent
(409)721-5533
Associate ; Telephone Listing Associate Telephone
Ronald J, Hlount
i
~ 2826 Nall (409)721-9560
Broker's Address Listing Associate's Office Address Facsimile
~ ~ Port Neches Tx 77651
City I State Zip City -, State Zip
' ronnieCblovntproperties. cam
Facsimile Ema/i/l~/Address /~~/
~'' __LCi~r~/~! e.-il~ (409)721-5533
Email Address Selling Assoaat Telephone
Ronald J. fll unt
Same
Selling Associate's Office Address Facsimile
City State -Zip
Email Address
OPTION FEE RECEIPT
Receipt of $ -o- (Option Fee) in the form of is acknowledged.
Seller or Listing Broker i Date
- _
~C/ONTRACT AND EARNEST MONEY RECEIPT /~ x/~]~
Receipt of Contract and L'7 $~ ~ • ~ Earnest Money in the form of l X ~ I u t/
is acknowledged. _ ~ )~ I (~~
ESCroWAgent Port Arthur (Abstract & Title co. Date: ( I
By: ~~
~Moily Mahe ~ Email Address
2950 Turtle Cr k Drive Telephone: (909)860-3000
Address !
Port Arthur Tx 77642 Facsimile:
City State Zip
TREC N0.9.6
(TAR-060n 2-13-06 - Page 8 of 8
Pioduted with L,Ipporm ^' by RE FormsNel, LLC 18025 Flfleen Mlle Road. Clinton Township, Mlchlgan IBWS www.zioPorm emn Hassan 18.78 A
...__ PProve
_ ~ A _ d by the,Texas_Real Estate_Cornmissicntor Voluntary-Use - ---~~-- - -
Texas law requires al! real estate licensees to give the following inlomJafion
about brokerage services fo prospective buyers, tenants, sellers and landlords.
information About Brokerage Services
afore working with a real estate' broker, you should
gknow chat the duties of a broker depend on whom
fhe~ broker represents. If you are a prospective
seller or landlord (owner) or a prospective buyer or
tenant (buyer), you should know that the broker who lists
the property for sale or lease is the' owners agent. A
broker who acts as a subagentrepresents the owner in
cooperation with the listing broker. A broker who acts as
a buyers agent represents the buyer. A broker may act as
an intermediary between the parties if the parties
consent ih Writing. A broker can assist you in locating a
property, preparing a contract or lease, or obtaining
financing without representing you. A ,broker is obligated
bylaw to treat you honestly. '
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent.by entering into an
agreement with the owner, usually through a w«tlen -
listing agreement, or by agreeing to aU as a subagent by
accepting en offer of subagency from the listing broker. A
subagent may work in a different real estate office. A
listing broker or subagent can assist the buyer but does
not represent the buyer and must place the interests of
the owner first. The buyer should not tell the owner's
agent anything the buyer would not want the owner to
know because an owners agent must disclose to the
owner any mate«al infonnatlon known to the agent.
I
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering info an
agreement to represent the buyer, usually through a
written buyer representation agreement. A buyers agent
can assist the owner but does not represent the owner
and must place the interests of the buyer first. The owner
should not tell a buyers agent anything the owner would
not want the buyer to know because a buyer's agent must
disclose to the buyer any material information known to the
agent.
IF THE BROKER ACTS AS AN INTERNIEOIARY:
A broker may act as an intermediary between the parties
if the broker ca¢>plles with The Texas Real Estate License
Act. The broker must obtain the written consent of each
party to the transaction to act as an Intermediary. The
w«tten consent must stale who will pay the broker and, in
conspicuous bold or underlined print, set forth the broker's
obligations as an intermediary. The broker is required to
treat each party honestly and fairty and to comply wish
The Texas Real Estate license Act. A broker who acts
as an intermediary in a transaction:
(1) shall treat all parties honestly;
(2) may not disclose that the owner will accept a
price less than the asking price unless authorized in
writing to do so by the owner;
(3) may noE disclose That the buyer will pay a p«ce
grea(er Than the price submitted in a written offer
unless authorized in writing to do so by the buyer; and
(4) may not disclose any confidential information or
any information that a party spedficaly instructs the
broker in writing not to disclose unless aulhorzed in
writing to disclose the information.cr required. to do so
by The Texas Real Estate License Act or a court
order or if the information materially relates to the
condition of the property.
With the parries' consent, a broker acting as an
intermediary between the. parties may appoint a person who
is licensed under The Texas Real Estate License Act
and associated with the broker to communicate with and
carry out instructions of one party and another person who.
is licensed under that Act and associated with the broker
to communicate with and carry out instructions of the
other party.
If you choose to have a broker represent you,
you should enter into a wdlten agreement with the broker
that ciao«y establishes the brokers obligations and your
obligations. The agreement should state how and by
whom the broker will be paid. You have the «ght ~to
choose the Type of representation, if any, you wish to
receive. Your payment of a fee to a broker does not
necessarily establish That the broker represents you. IT you
have -any questions regarding the duties and
responsibilities of the broker, you should resolve those
questions before proceeding.
Real estate licensee asks that you~cknowledge receipt of this information about brokerage services for the licensee's recorrJs.
07
Texas Real Esuta Brokers and Salespersons are ricensed and regulzled try the Texas Real Estate Commission (TREC), iryou have a question
or complaint regarding a real estate Ocensee, you snoultl contact TREC al P.O. Sox 131aa, Austin, Texas 797U ~21 ea or 612~48i]960.
natsanxa
orrssrwnr
01A TREC No. OP-K
(TAR-2501) 1/1/96 page 1 of 1
BlountPmpcrtia 282G Nall, Pori Nechrs.TX 77651
Phanc4091215513 Fax: (409) 721-9560 Ronald 1. Blamri l.rtz
Produced wilhLpFOrth^' GY RE~FOrmsNel, lLC 15026 FReen Mile Road, Conlon Towruhip, Michigan <6o]S www.zio ncn m
The real property, described below, which you are about to purchase; is located iri the Jefferson County
Drainage DisGict No. 7. The Disn•ict has taxing authority separate fiam any other taxing authority, and'
may, subject ro voter approvalt issue an unlimited amowtt of bonds and levy an unlimited rate of tax in
paymentof such bonds. As of this date, the rate of taxes levied by the District on real property located in
the districEis 0..172102 oneach $100.00 of assessed evaluation. If the District has not yet levied taxes, the
most recent projectedrate of debt service tax, as of this date, is 0.00 on each 100.00 of assessed
valuation. The Total amount of bonds which has been approved by the voters and which have been or may,
at this date, 6e issued is~00, and the aggregate initial principal amounts of all bonds issued for one or
more of the specified facilities of the District and payable in whole or in part from propetTy taxes which
have been previously issued was $28.845.000.00. - ~ -
The District has the authority to adopt and impost a standby fee on property in the district that has district-
financed water or sewer facilities and service available but not connected. The district may exercise the
authority without holding an election on the matter. As of this date, the most recent amount of the standby
fee is 0:00. An unpaid standby fee is a personal obligation of the person that owned the property at the
limp of imposition and is secured by alien on the property. Any person may request a certificate Crom the
district stating the amount, if any, of unpaid standby fees on a ezct of property in the district.
The purpose ofthis D
disfriU through the is;
utility facilities is not
or to tie:awned by the
The legal description of
GLT7TR4LT8
Rafe
is to provide drainage and flood control facilities and services within the
of bonds payable in whole or in part from property taxes. The cost of these
ed in the purchase price ofyour property, and these utility Facilities are owned
voperty, which you are acquiring, is as follows: LT 5 TR 3 BLK 10 RG
1 BLTC 10 RG H PAL O.
Signature of Seller '~
pate Signature of Seller
The und'ersigtted Purchaser hereby acknowledges receipt of the foregoing notice at or prior td execution of
a binding eontract for the purchase of the real property described in such notice or at closing of purchase of
the real property.
bate Signature of Purchases -
I
Date Signature of Purchaser
PURCHASER [S ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO
CHANGE BY THE DISTRICT AT ANY TIME. THE DtSTR1CT ROUTINELY ESTABLISHES TAX
RATES DURING TH>; MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR,
EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATBS ARE APPROVED BY THE DISTRICT.
PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY
CURRENT OR PROPOSED CHANGES TO THE INFORMATTOTJ SHOWN ON THIS FORM.
~ ~~~
TEXAS ASSOCIATION OF REALTORS®
INTERMEDIARY RELATIONSHIP NOTICE
USE OF THIS FORM 9Y PERSONS.NHO ARE NOT MEMaERS OF THE.TEEAS ASSOGATION OF REALTORSD IS NOT AViHOR¢E0.
' I OTmaa Ai+oelanon W REA~TORSq Inc saaa
To; ~ Hancock Soseph & •Aanials Inc (Tim Mcftenzie Psesidentl (Seller or Landlord)
ands Hassan Shomalzadeh {Prospect)
Tram: Blount. Properties . ~ (Ronald Blountl (Broker's Firm}
16.380 AcresiJff :Lake Arthur
Res Port Arthur. Tx 77692 (Property)
Baler
i
A. Unifier thls notice, "owner' means the seller or landlbrti of the Property and "prospect" means the above~ained
prospective buyer or tenant for the Prbperfy.
8. Broker's fine represents the owl er under 8 listing agreement and also represents the prospect under abuyer/tenant
representation agreement.
C. In the Written listing agreement and the written buyedtenant representation agreement, tioth the owner and the
prospect'previously authorized Broker to act as an intermediary if a prospect who Broker represents desires to buy or
lease a property that is listed bey the Broker. When the prospect makes an offer to purchase or lease the Property,
Broker will act in aceordanpe~with the authorizations granted in the listing agreement and in the buyer/tenant
representation agreement. i
R. Broker ~] will ~ vrip riot appoint licensed associates to communicate with, carry out instructions of, and provide
opinions and advice during negotiations to each party. If Broker makes such appo(ntments, Broker appoints:
i
1 ' to the owner, and
' to the prospect.
E. ey acknowledging receipt of this notice,.lhe undersigned parties reaffirm their consent far broker to act as an
Intermediary.
F: Additional tnformation: (Disclose material information related to Broker's relationship to the parties, such as personal
relationships or prior ordontemplate8 business relationships.)
Theigned acknawled a receipt of this notice '
.I
Selter:or landlord Date Prospect a Daie
Tiro McFCenzie j Hassan Shomalzadeh
Sellerortandlord ~ ~ Date ~ ~ Prospect Date
(TARS 9qd~ 1-7-04 ~ ~ - - Page 1' of 1
i
Hfouht l'rtpeitiiy 282¢Nali, Part Niches TX~77631
P}ione:409'12I3533 ~ Fez: t409) 72l-9560 Ronaltl 1. Blount ~ - fih
Produced W.51 Zlprorm"' hY I E FofmsNBt LlC 78025 Fifteen Mlle Road. Crinim Towmhip, MlUlgan <a0S5 www.zlolarm.com
1
I
EASEMENT
STATE OF TEXAS §
5 KNOW ALL MEN BY THESE .PRESENTS
COUNTY OF JEFFERSON §
1 ,
~.
THAT Hassan Shomalzadeh, hereinafter called "Grantor"
I
for and in consideration of the sum of TEN DOLLARS AND
NO/100 ($10) cash and other consideration to us in hand
paid by the City_of Port Arthur, Texas, a Municipal
Corporation, (hereinafter called the "City"), as well as
other good and. valuable. considerations, receipt of all of
which is hereby acknowledged and confessed, have GRANTED,
SOLD, and CONVEYED and by these presents do GRANT, SELL,
AND CONVEY unto the said. City of Port Arthur, Texas, a
right, privilege, land Easement in, under, and across the
tracts of land that is approximately 11 acres adjacent to
Lake Arthur Drive situated in Jefferson County, Texas, to-
wit:
See Exhibit "A", attached hereto and .incorporated by
reference.
Said Access Easement in the corridor as marked in
~ .
Exhibit "A" shallbe non-exclusive and shall be for the
purpose of access~in favor of the City so that the City can
utilize, maintain! improve and upgrade as needed the
t
I
adjacent canal, ditches, stormsewer facilities and_
1
I
z.access easement_shomalzadeh
R ^
_ i ~ --
detention facilities and adjacent city property and .it is
granted subject tl these provisions.
Said Stormseler and Drainage Easement in the corridor
or corridors .as mlrked in Exhibit "B" shall be non-
exclusive and shall be for the purpose of maintaining,
improving, installing and upgrading by the City of
stormsewer lines Ind drainage structures in the corridor or
corridors as markld in Exhibit "A"
I.
It is expressly understood and agreed that the City ,
shall have the right of ingress to and egress from the
above-described tlract of land for the aforesaid purposes of
this Easement. ~
1 II. ,
It is`expreslsly understood and agreed that the City
shall have the rilght to temporary use of 'such adjacent
property to the Ibove-designated Easement as is reasonably
needed for workiJlg room to accomplish-the aforesaid purpose
of this Easement!
TO HAVE AND TO.HOLD the}same unto the City of Port
Arthur, Texas, ils successors and assigns forever.
WITNESS MY HAND, this day of A. D.,
2008. I'
i
z.access easement sham liadeh
GRANTOR:
. BY:
Hassan,Shomalzadeh
ACKNOWLEDGMENT
THE STATE OF TEXAS
COIINTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Hassan Shomalzadeh., known to me to be
the person whose name is subscribed. £o the foregoing
instrument, for the purposes and considerations therein
expressed, and in the capacities therein stated.
GIVEN IINDERIMY HAND AND SEAL OF OFFICE, this day
of 2008.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
ACCCEPTANCE OF EASEMENT
This easemet was accepted by the City of Port Arthur
per Ordinance Noa approved by the City Council'on
WITNESS MY HAND this 'day of
2008. ~ ,
CITY OF PORT ARTHUR
i
By:
Stephen Fitzgibbons,
City Manager
..
z.access easemenC_shomal adeh
I
ACKNOWLEDGMENT.,
THE-STATE OF TEXAS
COUNTY OF JEFFERSON
I
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons City Manager of
the City of Port Arthur, known to me to be~the person whose,
name is subscribed to the foregoing instrument, and.
acknowledged to me that lie executed the same as the act and
deeds of the City~of Port Arthur, for the purposes and
considerations therein expressed, and in the capacities-
therein stated. i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2i 08.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
APPROVED AS TO FIRM:
Mark T. Sokolow,ICity Attorney
i
I
z.access easement_shomallzadeh '
EXHI~IP[' ~~,~;®'
1.
~~
~~
.t
1 .EASEMENT
STATE OF TEXAS i §
§ KNOW ALL MEN HY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT Hassan Shomalzadeh, hereinafter called "Grantor"
for and in considlration of the sum of TEN DOLLARS AND
NO/100 ($10) cash and other consideration to us in hand
paid by the City of Port Arthur, Texas, a Municipal
Corporation, (hereinafter called the "City"), as well as
other good and valuable considerations, receipt of all of
which is hereby aknowledged and confessed, have GRANTED;
SOLD, and CONVEYED and by these presents do GRANT, SELL,
AND CONVEY unto the said City of, Port Arthur, Texas, a
right, privilege, and Easement in, under, and across the
tracts of land that is approximately 11 acres adjacent to
'Lake Arthur Drive 'situated in Jefferson County, Texas, to-
wit:
See Exhibit."A", attached hereto'and incorporated by
reference.
Said Stormsewer and Drainage Easement in the corridor
as marked in Exhibit "A" shall be nori-exclusive and shall
be for the purpose of maintaining, improving, installing
and upgrading by tie City of stormsewer lines and drainage
structures.
I
z.drainage easement shomalza4deh 11 acres
I -
I.
It is expressly understood and agreed that the City
i
shall have the right of ingress to and egress from the
,above-described tract of land for the aforesaid purposes of
this Easement.
IL. `
It is expressly understood and agreed that the City
shall have the right to temporary .use of such adjacent
property to the above-designated Easement as is reasonably
needed for working room to accomplish the aforesaid purpose
of-this Easement.;
TO HAVE AND TO HOLD the same unto the City of Port
Arthur, Texas, its successors and assigns forever.
WITNESS MY .HAND, this day of A. D.,
2008.
GRANTOR:
BY:
Hassan Shomalzadeh
I
THE STATE OF TEXAS
ACKNOWLEDGMENT
z.drainage easement shomalzadeh 11 acres
f
f
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally'appear~ed Hassan Shomalzadeh known to me to be
the person whose name is subscribed to the foregoing
instrument, for the purposes and considerations therein
expressed, and ih the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2008.
NOTARY PUBLIC IN AND FOR.
' THE STATE OF TEXAS'
ACCCEPTANCE OF EASEMENT
This easement was accepted by the City of Port Arthur
per Ordinance No.l approved by the City Council on
•`
WITNESS MY HAND this day of
2008. I
i CITY OF PORT ARTHUR
i
By:
Stephen Fitzgibbons,
` City Manager
i
i~
i
i
' i
z.drainage easement_shomalzadeh 11 acres
1 4
ACKNOWLEDGMENT
THE STATE OF TEXP;S
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons, City Manager of
the City of Port Arthur, known to me to be the person whose
name is subscribed to the foregoing 'instrument, and
acknowledged to me that 'he executed the same as the act and
deeds of thA Citylof Port Arthur, :for. the purposes and
considerations therein expressed, and in the capacities
therein stated. ~
GIVEN UNDER MY HAND-AND SEAL OF,~OFFICE, this day
of ,. 2008.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
I ,
APPROVED AS TO FORM:
Mark T. Sokolow, City~Attorney
z.drainage easement_shomalz~adeh_11 acres ,~
~ _
~.
i
f
f
I~
i
i
~ EASEMENT
i
i
STATE OF.TEXAS ~ §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
THAT Hassan~Shomalzadeh, hereinafter called "Grantor"
for and in consideration of the sum of TEN DOLLARS .AND
NO/100 ($10) cashand other consideration to us in hand
paid by the City of Port Arthur, Texas, a Municipal
Corporation, (her;einafter called the "City"), as well as
other good and.va~luable considerations, receipt of all of
which is hereby acknowledged and confessed, have GRANTED,
SOLD, and CONVEYED and by these presents do GRANT, SELL,
AND CONVEY unto the said City of Port Arthur, Texas, a
right, privilege,~and Easement in, under, and across the
i
approximately 18..38 acre tract of land situated in
Jefferson County,~Texas, to-wit:
See Exhibit i`A", attached hereto and incorporated by
reference.
Said Stormsewer and Drainage Easement in the corridor
as marked in Exhiiit "A" shall be non-exclusive and shall
be .f or the purpose of maintaining, improving; installing
and upgrading by ~he' City of stormsewer lines and drainage
structures.
z.drainage_easement_shomal adeh_18 acres .
I
It is expreslly understood and agreed that the City
.shall have the riiht of ingress to and egress from the
i
above-described tract of land for the aforesaid purposes of
this Easement. .I
II.
It is expressly understood and agreed that. the City
shall have the rilht to temporary use of such adjacent
property to the above-designated Easement as is reasonably
needed for working room to accomplish the aforesaid purpose
of this Easement.) '
TO HAVE AND TO HOLD the same unto the City of Port
. i
Arthur, Texas,.. its successors and assigns forever.
'~'
WITNESS MY HAND, this day of A. D.,
2008. I .
GRANTOR:
' BY:
Hassan Shomalzadeh
ACKNOWLEDGMENT
THE STATE OF TEXASS
CODNTY OF SEFFERSON
BEFORE ME, .the undersigned Notary Public, on this day
personally appeared Hassan Shomalzadeh known to me to be
the person whose name is subscribed to the foregoing
instrument, for the purposes and considerations therein
expressed, and in~the capacities therein stated.
z.¢rainage_easementshomalzadeh 18 acres
i
GIVEN_ UNDER MY HAND AND SEAL OF OFFICE, this
of 2008. '
i
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
ACCCEPTANCE OF EASEMENT
,This easement was accepted by the City of Port Arthur
per Ordinance No. approved by the City Counoil~on
' WITNESS MY HAND this day~of ,
2008. ~
CITY OF PORT ARTHUR
By.
~ Stephen Fitzgibbons,
City Manager
i . .
4
i.
i
z.drainage_easement_shomalzadeh_ie acres
i ,
i
day
ACKNOWLEDGMENT.
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen Fitzgibbons City Mana er of
the City of PortiArthur, known to me to be the person whose
name is subscribed to the foregoing instrument, and.
acknowledged to me that he executed the same as the act and
deeds of the City of Port Arthur, for the purposes and
considerations therein expressed, and in the capacities
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2008. _
NOTARY PUBLIC IN AND FOR
a THE STATE OF TEXAS
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
z.drainage_easement_shomal~zadeh i8~acres
4
EXHIBIT ~"G'°
i
AUTHORIZATION TO SELL PROPERTY
WHEREAS, by Deed Without Warranty recorded August 23,
2001 under CountylClerk's file number 2001030451 Official
Public Records of Real Property, Jefferson County, Texas,
Park Central Municipal Utility District conveyed
approximately 18..380 acres of land to Hancock, Joseph &
Daniels, Inc:; ahd~
WHEREAS, the Deed provides that any future contract of
sale must be approved in writing by United States '
Department of Commerce National Oceanic and .Atmospheric
Administration and~rthe Park Central Municipal Utility
District; and
WHEREAS, ParklCentral.Municipal Utility District wasp
dissolved and the City of Port Arthur, Texas is its
successor in intereist; and ,
WHEREAS, Hancock, Joseph & Daniels, Inc. wishes to
sell the property to Hassan Shomalzadeh for $60,000,
pursuant to a contract furnished to NOAA and the City, with
the net sale proceeds being paid to the City.
i
Accordingly, the undersigned hereby approves the sale
of the property, pursuant to the contract with Hassan
Shomalzadeh, and pursuant to the terms of Ordinance No.
UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND~,ATMOSPHERIC ADMINISTRATION
BY:-
(printed name and title) _
CITY OF PORT ARTHUR,iTEXAS `
(Successor to Park Central Municipal Utility District)
BY:
(printed name
title)
Z.po5874 exhibit