HomeMy WebLinkAboutPO 5874: PURCHASE PROPERTY - 18 ACRES IN VICINITY OF LAKE ARTHUR DRIVEinteroffice
MEMORANDUM.
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, First Assistant City Attorne ~ j
Dater June 13, 2008
Subject: P. O. No. 5874; Council Meeting June 17, 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 June 3, 2008 Council
Meeting.
VRT:gt
Attachment
cc: City Engineer
Pete Steele
z.po58']9 _memo9
interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney j~2~,.,%l j'r/f«>~-~"
Date: May 30, 2008
Subject: P. O. No. 5874; Council Meeting June 3, 2008
Attached is P. O. No. 5874 as it pertains to the purchase
price and sale of approximately 18 acres of land in the bicinity 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:ts
Attachment
cc: City Engineer
Pete Steele
z.pOSB'/4 _mem03
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 Deed 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 (NOAA) and the City, with _, ,_I
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.po587t_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 for 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
the corridor being approved by the City Engineer and the final
documentation to be approved by the City Council.
Section 6. 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.
z. po5879 _updated
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:
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPRO-7VED,, AS TO FORM:
CITY ATTORNEY
- APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.po5679_updated
AGREED TO:
BY:
DATE:
Hassan Shomalzadeh
z.po5874_updated
Y-
EXHIBIT "A"
Bob K. Monk
Lance P. Bradley 2•'
James E. (Jim) Wimberley
Glenn H. (Pete) Steele, Jr. ~
Jill Swearingen Chatelain' 6
Perry R. McPherson-Of Counsel
Richard D. Hughes-Of Counsel '
Justin G. Sanderson s
Brandon P. Monk s
Kelly J. Stewart
~EC~~~~®
April 23, 2008
APR 2 4 2008
LEGAL DEPARTMENT
National Oceanic and Atmospheric Administration
Office of Oceans and Coastal Resources Management
Attn: Ruth Bes[
1305 East-West Highway
N/ORM SSMC4, Room 10412
Silver Spring, MD 20910
Mark Sokolow, 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:
I am representing the purchaser Hassan Shomalzadeh under a contract for the purchase of
approximately ] 8.380 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 I. As [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 [he 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 the tax rolls.
I attach to this letter as=Exhibit 2 a true copy of the contract of sale, which is contingent upon the
approval of NOAA and the City of Port 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 sale 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 call me at 409-724-6644
or email me at psteele a mc-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 1-800-830-6785
409-724-7585 Fax
I Boxed CertiOCd: Family Law
Texas Board of Legal Specialintlon
2 Board C<rHfied: Pcrsonai Injury Tdal Law
Texas Board of Legal BpedallzaUOn
3 Admined to Practl¢ In TX k MS
1 Board Certified: Reabential
Real Esta¢ and Commercial Aoi Esutc
Tczu Board of Legal Speclalixadon
5 Admited ro Practice in TX, MS and LA
6 Admitted to Practice In TX & LA
A T T O R N E Y S A T L A W
r
April 23, 2008
National Oceanic and Atmospheric Administration
Mark Soko]ow, City Attorney
Page 2
Sincerely yours,
~~~
Pete Steele
mkh
Enclosures
c: Hassan Shomalzadeh
4506 Kandy~vood Lane
Port Arthur, Texas 77642
Hancock, Joseph & Daniels, Inc.
Tim McKenzie, President
127 Noyant Drive
Little Rock, Arkansas 72223
EXHIBIT "B" ~_
_._ STATE aF TEXAS $
~ ~ DEED W7TFTOUT 1~Ai2RAN1TES
(T COUNTY OF JEFFEiiSON §
a
~ The Park Cetit<al Mumctgal Unhty District, a body po3rttc and polirical sulxiivistoa of the
l!) Slate of Texas, organized and existing under Chapters 49 and 54 of the Texas Water Cade {the
U "Grantor") for and in consideration of the sum of ten dollars ($10 ()f)) and other good and
N'1
~ valuable consideration, includnrtg those agreements set fiirth m that certain Real Estate Option
O
N Agreement dated Aprti 9, 149"7 {the "Agreement"}, in hand paid by Hancock, Ioseph & .Daniels,
Inc., a Texas Cargozation (the "Grantee") the receFpt of which is hereby acknowledged, has t '•
granted, sold and conveyed arid by these presents does grant, sell and wnvey unto Grantee all of
that certain real property situated >a Jefferson County, Texas; more fu11y descnbed in Exhibit
"A" attached hereto and made a part hereof for all purposes
Thrs conveyance is made subject to the following requiremettts:
1) All restrictions, easements, covenanu, conditrons and prior conveyances and
reservations of minrral and royalties of rrcord in the ofFtce of the County Clerk of
Jefferson County, Texas, to tl~.e extent That the same are still in effect and relate to
the Property;
2) A]1 zoning laws, regulatrons and ordinances of muniapal and other govemmerttal
authorities, if any, but.anly to the extent that they are in.affeCt and relate the
above 6escnbed property;
,.3) property taxes on the above described property for the currertt tax and any
subsequent tar years, which arc riot yei due and payable;
4) Reservation of a right-of-way and access easement in favor of the adjacent real
property owned by the Grantor consttniting approztmately twenty-two acres of
land utilized b}' the Grantor as an equivalent pondtng site pursuam to certaut
ohltgahons and agreements made by the Grantor with the United States
Department of Commerce and the Natioual Oceanic Atmospheric Association, and
5) Granted may not contract for the sale of any real property interest in, on or out of
the Property without the pnor written approval of both the Ututed States
Department of Commerce National Oceanic and Atmospheric Administration and
Exhibit "1"
CId~PL7F -'k'L~:N:r3S1iO.CLiii ..
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the Grantor, and should such approval t>e._granted, then Grantee covettanis that.
any net proceeds after payment of (t) site development costs incurred by Gratee
only upon the Property aad (i() closing costs for the sale of the Property shall be
patd by Grantee Eo the Grantor_
An access easemenCin and across the Property is reserved to the Grantor and to the
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 Property.
Grantor excludes and excepts any warranties, expressed or imp?led, regarding the
Properly, including, without limitations, any warranties arising by common [aw or Section 5023
of the Texas Property Coda or cis successors, and Grantee accepts the Property "AS IS AND
WITH ALL FAULTS, IF Aiv`Y, AND WITHOUT .4NY WARRANTY, EXPRESSED OR
IMPLED AND WITIIOLIT WARRANTY AS TO ACCESS TO THE PROPERTY. Grantee
also accepts any and all rnatenal removed from the Property pursuant to-the Agreement iir an
"AS IS AND WITH ALL FAULTS, IF ANY, AND WITHOUT ANY WARRANTY,
EXPRESSED OR IMPLIED-" Spec:fics(ly, without limiting the generality of the €oregoing,
Grantee 2ccepts the material wtdiout any warranties as to environmental conditions.existing
within the tnateriais or the suitability of the materials for any partccular purpose ar development
use or potential
To have and to hold the Property, together wttlt all and singulaz the rights and
appurtenances belonging m -any way to the Propeny, subject to fire lunitadoris, waivers of
warranty, access and other provisions stated above, to Grantee its suu:essars aad its assigns
forever without warranty of arty kind. Upon possesston of the Property, Grantee acknowledges
it has examined the Property as well as any improvements located thereon and accepts the
Property "AS IS AND WITH ALL FAULTS, IF ANY, ANB WITHOUT ANY WARRANTY,
GOODSONGi1Z9147 Yypet
EXPRESSEIJ OR IMPLIED "Grantee. has furtltergnd previously acknowledged to Gtantar that
Grantee accepts the Propetty in tts present condition. and agrees that the Properly is fit for
Grantee's intended use.
GRA.~iTOR:
Park Central Municipal L'titity
r'
Moris Carter, President, Board
t+
~ v;c ACCEPTID AN"D APPROVER this the ~ 2 day of
-1-944:-
GRANTEE:
IJancock, Joseph c& T)aniels, inc.
STATE OF TT•;Xr1S §
Cour~rY of JEFFERSOx ~
~y. ,
ancoc:k, Presideat
This instrument was acknowledge before me on the /~f`' day of vle
-449, by MORRIS CARTER, President for the Park Central uIcipal II y
Disrtrlct. aoc~o
~trsos+yl~iwaixtiu?~~
MISTY G, MUSE
- ~. My C6L.5Ut5SI0N EXPfREB
~-142002
F~PSP.Itt5.~1Ak,YJk~l~gfp,p~l
`Y~~~,cA--2_-~
Notary Publ •, tale of Texas
OOOASON6~L+91 ag
Pape 7
STATE OF TEXAS §
COLnVTY OF JEFEEJtSON $
Thts ms[rument was acknowledged before me on the .-~~ day of G.-u.c ua-~
1999, by JOE HANCOCK, President Yor Fiaxtcock, Joseph & Daniels c.
_~~~ CARULYN L. LINK
~ ~ ~_ HotlfM FaE+a, Stria of iesu
~,y~`= lty Co~tlisnon Ex plres
°m,„~„••` MAR ^ H 7. r~ , 2402
i~ II
Norary.Pu~hl ,%%%S%%% rate of Texas
AFTER RECORDIl!'G, RETUIL'V TO:
Mr Joe Hancock
The WiI}ows Apartments
7924 Wtllowood Lane
Part Ar€hm', Texas 77642
OOOASONG1129149 ~ ~~
EXHfBJT "A"
A tract or parse{ of Land containing 18 38 acres of land, more or less, out of and a part of a
45 206 acres, out of and apart of Lots Numbe:eci Seven and Eight. (pt, of 7 & 8) in Block
Number Ten (10), Range "J3" and pan of Lot Number F1ve (pt. of 5) m Block Number Ten
(10), Range "G" of the Lands of the Port Arthur Land Company, in Jefferson County, Texas,
as the same appears upon the map or plat thereof, of fife and of record in Vol. I, Page 22, Map
Records of Jefferson Couty, Texas, said tract being further depicted on a preliminary drawing
prepared by Jahn R. Hodges. Registered Public Land Surveyor No. 4583, dated-June 26, L998.
AILED •~~~k~C(~~~
2001 AU5 23 Q1:56 Pli 200103045)
CIXk~'tTYCLf~N
JEFFERSCiJ COI~lTY. TEXAS
GOOASONni 129169 CPC S
EXI-IIBLT "C"
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) o2•iJ-CO
.mro~n UNIMPROVED PROPERTY CONTRACT
NOTICE: Not For Use For Condominium Transactions
1. 'PARTIES: Hancock, ,Taseph s Daniela.Ine.: (Seller)
:agrees to sell grid Convey fo sas son shomalzaaeh_,
(Buyer) and Buyer agrees
to buy from Seller tfie Property tlescritied below.
2..PROPERTY: Ldt ,Block ee Special Provisions
,Addition, City df Port Arthur , County of .Tef£erson ,Texas, known as
1f3 3B0 Acraa Off bake Arthur Dr 77642
(address/zip code), or as described on attached exhibit together with all rights, privileges and appurtenances
pertaining 1Fiereto, including but not limited to: water rights, claims, permits, strips and gores, easeiflents, aril
cpoperative,or association memberships (the Property}. '
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at Closing .................................................... $ 60.000:.00
B. Sum of all financing described below (excluding any loan funding
'fee'or mortgage Insurance premium) .........................................................................:......... $ -0..
C. Sales Price (Sum of A and B) ............................................................................................:. $ 60 .000.00
4. FINANCING: The portion of'Sales Price not payable in cash will be paid as follows: (Check applicable boxes below)
^ A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage Insurance premium).
(1) Property Approval:.lf the Property does not satisfy the lenders' underwriting requirements for the loan(s);
this contract will terminate and the eamest money wdl be refunded to Buyer.
(2) Financing Approval: (Check one box only)
^ (a)Tfiis contract is subject to Buyer being approved for the financing described in the attached Third
Party Financing Condition Addendum.
^ (b)This contract is not subject to Buyer being approved for finanding and does not involve FHA or VA
financing:
^ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described Ih
the. attached TREC Loan Assumption Addendum.
^ C. SELLER FINANCING: A promissory note from Buyer to Seller of $ secured by
vendors 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 by both parties, Buyer shall deposit $1 000 00
as eamest;(noney with Port Arthur Abstract 6 Title Co , as escrow agent,
at 2950 Turtle Greek Drive Port Arthur Tx 77fi42
(address). Buyershall deposit additional earnest money of $ with escrow agent vnthin
days after the effectlVe date of this contract. If Buyer fats to deposit the eamest money as required. by This contracf,
Buyer will be.in default:
6. TITLE POLICYAND_sUR1fEY:
A TITLE POLICY: Seller shall famish to Buyer at xQ Sellers ^.Buyers expense an owner pol'!cy of title insurance
(Title Policy) issued by tort Arthur Abstract & Title Co
(lTtle Company) in the amount of the Sales Price, dated at or after closing, insurng Buyer against loss under the
provisions of the Title Policy,.sUbject to the promulgated exclusions (including existing building and zoning
ordinances) and the following exceptions:
(1) f7estrictNe 0dvenanfs common to the platted subdivision in which the Property is located.
(2 The standard printed exception for standby fees, taxes and assessments
(3 ~enssseated as part of the financing described in Paragraph 4. _
(4) Uhhty easements created fly the dedicafien deed or plat of the subdivision In whidh.the Property is_ located.
5) Reservatigns or exceptions otherwise permitted by Phis contract oral may be approved by Buyer rn writing.
~6) The standard printed exception as to marital rights.
(7 The standard tinted exception as to waters, tidelands, beaches, streams, and related matters.
(8;The standard printed. exception as to discrepancies, conFlicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping improvements. Buyer, at Buyers expense, may have the
excepflgn amended to read, "shortages in area'.
B. COMMITMENT; Within 20 days after the Title Company receives a copy of this conUact, Seller shall famish to
Buyer a commitment for title insurance (Commitment) and, at Buyers expense, legible copies of restrictive
Inifialedforidentification by Buyer '/w~! ^ and Seller~_ f TREC Na. 9=6
(fAR-1607) 2-73-09 Page 1 of 8
91owtt Propertiei 3836Naq Pbn Nedra TX 77651 - Hassan 1H38A
Plmnc4047l15677 Faa: (X091731-9560 Ronald 1. alowl
Produced with 27pFOnn"' W nE FortnsNeL LLC 18015 FYleen Mica Road, COnbn Townsldp. Mldd9an +8035 wvrw zinr rmtom
Exhibit " 2"
18.380 flares Off Lake Arthur Dr.
Coattradt Cbnceming Port Arthur 77 642 Page 2 of 8 02-13-06
(Address of Properly)
i
covenants and documents evidencing exceptions in. the Commitment (Exception Documents) other than the
standard prihted exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception
Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception DdcUments
are not delivered to Buyer within the specified time, ttie time for delivery will be automatically extended up to 15
days qr the Gldsing bate, whichever is earlier,
C SURVEY: The suNey must be made by a registered professional land surveyor acceptable to the 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 Ttle
Company Sellers existing survey of the Property and a Residential Real Property Affidavit promulgated
by the-Texas Department of Insurance (Affidavit). If the existing survey or Affidavd is not acceptable to
Title Company or Buyer's lender, Buyer shall obtain a new survey at ~ Seller's ^ Buyers expense no
later than 3 days prior to Closing Date. If Seller fails to famish the existing survey or Affidavit within the
time prescribed, Buyer shall obtain a new survey at Sellers expense no later than 3 days prior to Closing
Date..
xl~ (2) Within 45 days after the effective date of this contract, Buyer shall obtain a new survey at
Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt of the date
specified in this paragraph, whichever is earlier.
^ (3) Within days after the effective date of this contract, Seller, at Sellers expense shall furnish a
new survey to Buyer.
D: 06Jf=bTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances. to title: disclosed on the
suNey other than items 6A(1) through (7) above; or disclosed in the Commitment other than items 6A(1)
through (13) aboye; (ii) any portion of the Property lying in a special Flood hazard area (Zone V or A) as shown an'
the current Federal Emergendy Management Agency map; or (iii) any exceptions which prohibit the following
use or activity:
Buyer must object not later Phan (i) the Closing Date or (ii) days aner auyer receives are aununnniern,
Exception Documents, and the survey, whichever is earlier. Buyers failure to object within the time allowed wll
constitute a waiver of Buyer's right to object; except that the requirements in Schedule C o. the Commitmentare
rtgt 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 Wi11 he
extended as necessary. !f objections are not cured vvithin such 15 day period, this contract will terminate and the
earnest money will be refunded to Buyer unless Buyer waives the objections.
E. TITLE NOTICES:
(i) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property
examined by an attorney of Buyers selection, or Buyer should be furnished with or obtain a Title Policy. If a
` Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyers choice due
to rthe timeJimitations 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 mandatory membership in an owners'
association, Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the
tesidential community M 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
instmment governing the eslabllshment, maintenance, and operabon of this residential community have
been or wilt be recorded in the Real Property Records of 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
r !s concerned about these matters, the TREC promulgated Addendum for Property Subject to
Mandatory Membership in an Owners Association should be used.
(3) 5TATl1TORY TAX RISTRICTS: If the Property is sr~uated in a utility or other statutorily created district
providing water, sewer, drainage, or flootl confrol facilities and services, 6hapter 49; Texas Water Cade,
requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, tionded
Indebtedness, or standby fee of the district prior to final execution of this contract.
(4} TIDE WATERS: If the Properly 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 ccntract. An
addehtlum containing the notice promulgated by TREC or required by the parties must be used.
(5) ANNEXATION: If the Properly 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 municapality and may now or later be subject to annexation by fhe municipality. Each
municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine If the
Iniklal8d for identification by Buyer ~?'n _ and Seller ~_ f Tf7EC fllO. 9-6
{fAt2-1807) 2-13-06 ,Page 2 of 8
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18.380 ACrea Off Jake Arthur Dr.
CohtractCOnceming Port Arthur 77642 _ Page3cf6 02-13A6
(Address of Property)
Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a
mumcipa6ty's extraterritodal jurisdiction, contact all municipalities located in the general proximity of the
Properly for further infcrmation.
(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 located In a certificated water or sewer service area, which is authorzed by law to provide water or
sewer Service to the properties in the certificated area.. if your property is located in a certificated area there
may be special costs or dharges that you will be required to pay before you can receive water or sewer service.
There may be a period required to construct lines or other facilities necessary to provide water'or sewer sewipe
to your property. You are atlvised to determine if the property is in a certificated area and contact the utility
service provider to determine fhe cost that you will be required to pay and the period, if any, that is required to
provide wafer or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the
foregeing notice at or before the 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 DfSTRICTS: If the Property is fn a public improvement district, §5.014, Property
Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated
to pay an assessment to a municipality or county for an improvement project undertaken by a public
improvement disfdct under Chapter 372, Lodal Government Code. The assessment may be due annually or in
pericdic installments. More information concerning the amount of the assessment and t#ie due dates of that
assessment may be obtained from the municipality or county levying the assessment The ameunt of the
assessments is subject to change. Your failure to pay the assessments could result in 8 lien on and fhe
foreclgsure of your properly:
(s) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property ^ is ®Is not located in a Texas
AgC.lcultural Development District. For additional information, contact the Texas Department of Agriculture.
7: PROPERTY GQNDITION:.
A. ACCESS,INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyers 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 Seller's expense shall rum on existing utilities for
inspections.
NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy Buyer's needs.
B. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property In its present coridi{ion; provided
Seller, at Sellers expense, shall complete the following:
C. COMPLETION OF REPAIRS: Unless otnerwise agrees in wnuuy, ~o~~~, ~„a„ ~..,,,r.,.... ~•• -~~___ ._~_. _ ~.._
the Closing Date. Ail required permits must be obtained, and repairs must be performed by persons who are
licensed or otherwise permitted by law to provide such repairs. At Buyer's election, any transferable wanantias
received by Seller with respect to the repairs vriil be transferred to Buyer at Buyers expense. If Seller fails to
complete any agreed repairs prior to the Closing Date, Buyer may do so antl receive reimbursement from Seller at
closing. The Closing Date Will be extended up to 15 days, if necessary, to complete repairs.
D: ENVIRONMENTAL MATTERS; Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other environmental hazards, or the presence of a hereatehed or endangered species or Ifs
habitat may affect Buyer's Intended use of the Property. If Buyer Is concerned about these matters, an addendum
promulgated b TREC or required by the parties should ba used.
E. SELLER'S DISCLOSURES: Except as otherwise disclosed in this contract, Seller has no knowledge. of the
(1 any flooding of the Property.
(2; an nding or threatened litigation, condemnation, or special assessment affecting the Property;
(3) an~nvironmental hazards or conditions affecting the Property;
(4} any ddmpsite, Iandf+il, or undergground tanks or containers now or previously located on the Property;
(5) any wetlands, as defined byfederal or state law or regulation, affecting the Property; or
(6). any threatened or endangered species or their habitat affecting the Property.
8. BROKERS' FEES; All obllgaGons of the parties for payment of brokers' fees are contained in separate written
agreements.
9. CLOSING:
A. The diosing of the sale vnll be on or before April 11 , 2008 or within 7 daysafter
objections made under Paragraph 6D have been cured or waived, whichever lath is later (Closing Date}. If either
party tails to close the sale by the Closing Date, the non-defaultlng party may exercise the remedies contained in
Paragraph 15.
lnitialed'for fdentificetlon by Buyer _ and Seller/ h'" ~- TREC N0. 9-6
~~ page 3 of B
(fARs1607) 213-t1f3 H>usan 4838 A
ptcdurad MQt 9pForm"' Ey RH FamaNeg LLC 18025 F'Jtem~ h91e Read; Crctton TownWp, MlUtlpan A800i
18.380 Aaras ofP Lake Arthur Dr.
ConUactConceming Port Arthur 77642 Pags.4of8 02.13-08
(Address. of Prtperty)
B. At Closing:
(1) Seiler Shall execute and deriver a general warranty deed conveying title to the Property to Buyer and showing
no addidgnai exceptions to those permitted In Paragraph i3 and furnish tax statements or cefdficates slowing
no delinquent 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 Ether documents required of them by this contract, the Commitment or law necessary for the
closing of the sale end the Issuance of the Title Policy.
C. Unless expressly prohibited by written agreement, Seller may continue ro show the Property and receive,
negotiate and accept back up offers. o
D. All covenants, representations and warranties in this contract survive closing.
40. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required conditidn upon
closing and funding.
1'I. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sale. TREG rules
prohibit licensees from adding factual statements or business details for which a contract addendum or other form has
tieen promulgated by TREG for mandatory use.)
Buyer is aware, NOAA and the City of Port Arthur will have to approve this
sale i.f accepted by 8aller.
The legal deaeription as defined by the Jefferson County Appraisal District is
asfollows: LT 5 TR 3 BLK 10 RG G LT 7 TR 4 LT 8 TR 1 BLK 10 RG H PALCiJ
1.8.380 AC.
In reference to Paragraph 23. Huyer waives the Termination Option. Period.
In reference to Paragraph 8., Broker's Fee, Broker will.recaive 68 of salsa
price for commission, to be held from the proceeds o£ this sale.
12, SETTLEMENT ANI] OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(t) Expenses payable 6y Seller (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release of Sellers loan
liakility; hdx statements or certificates; preparation of deed; one-half of escrow fee; and other expenses
payable lry Seller under this contract.
(Li) Seller shall also pay an amount not to exceed $ tt/A to be applied
in the following order. Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas
Veterans Housing Assistance Program or other govemmental loan programs, and then ro other Buyer's
Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan grigination; discount, buy-down, and commitment fees (Loan Fees).
(bj Appraisal tees; loan application fees; credit reports; preparation of loan documents; interest on the notes
from date of disbursement to one-month prior fo dates of first monthly payments; recording fees; eoples of
easements antl restrictions; mortgagee title pplicy with endorsements required bq lender, loan-related
Inspeddon fees, photos; amortization schedules; one-half of escrow fee; all prepaid items, including
required premiums for flood and hazaN insurance, reserve deposits for insurance, ad valorem taxes and
special governmental assessments; final compliance inspection; eourfer fee; repair Inspecdoh;
underwriting fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer
under this contract.
6. buyer stisll pay Private_Mortgage Insurance Premium (PMI), VA loan Funding Fee; or FHA Mortgage insurance
Premium (MIP) es required by the lender.
C, If any expense exceeds an amount expressly stated In this contract for such expense to be paid by a party; flat
party may teiminake this Contract unless the other party agrees to.pay such excess. Buyer may not pap charges
antl fees expressy prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental
loan programlegulatlons.
Initialed for idendtlcadon 6y Buyer -and Seller TREG NO.9-6
(TAR-1607p2•f8-06 ~ Page4of8-
ProdveeEwith ZIpFOnn° 8'! RE FomleNel, LLC 18025 FiHaen 6ile~n0ad, Canton TCx1uNp, I,4dd0en 48055 Id>E5v~I0Iffi~m Fallen l,&7b A.
5 I
,: ' 1
-- - 18.360 Acres Off Lake Arthur Dr.
GontreDConpeming~ Part Arthur 77542 Pageboi6 03-13-06
(Address of Property)
13. PROBATIONS AND ROLLBACK 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 qurrent year vary from the amount praratetl at
closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are
not paid at or prior to Dosing, Buyer shall pay [axes for the curcent year.
B. ROLLBACK TAXES: If this sate or Buyer's use of the 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 this paragraph 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 fo Its previous condition as soon as reasonably possible, but In
any event by the Closing Date. If Seller fails to do so due to factors beyond Setler'seonirol; Buyer may (a) terminate
this contract and fete eamest money will be refunded to Buyer (b) extend the time for performance up to 15 days and
the Closing Date w11 be extended as necessary or (c) accept the Property in its damaged condition with an
assignment of insurance proceeds and receive credit from Seller at closing in the amountof the deductible under the
insurance policy Seller's obligations. under this paragraph are Independent of any other obligations of Seller under
this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific
perforrtiance; seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the
eamest money as liquidated damages, thereby releasing both parties from this contract. If, due to factcrs tieyond
Seller's control, Seller fails Withlh the time allowed to make any non-casualty repairs or deliver the Commitment, Or
survey, if7equired 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 Seller
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
tamest money, thereby releasing both parties from this contract.
16, MEDIATION: It is the policy of the State 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 xQ will ^ will not be submitted to a mutually acceptable mediation service or
prov(der. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a
party From seeking equitable relief Trom a court of competent jurisdiction.
17: ATTORNEY'S I'EE$: The prevailing party in any legal proceeding related to this contract is entitled to recover
reasonable attorney's fees and all costs 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 foe the performance or
nonperformance of any party to this contrack fit) liable for interest on the earnest money and (iii) liable fcr the loss
of any earnest money caused by the failure of any financial institution in which the eamest money has been
deposited unless the financial institution is acting. as escrow agent.
B, EXPEI~§ES; At closing, the eamest money must be applied Hrst to any cash down payment, then to Buyer's
Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid
expenses incurred on behalf of the parties and a written release of liability of escrow agent from a0 parties.
C. Df=MAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest
mOrfey to each party and the parties shaft 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
the earnest money. If only one party makes wrftten demand for the eamest money, escrow agent shall promptly
provide a copy of the demand to the other parry. If escrow agent does not receive written abjection to the
demand from the other party within 15 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 same to the creditors. If escrow agent complies vrith the provisions of-this
paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the
IrifNaled for Identiflcatidn by Buyer ~_ and Seller TREE NO, g-G
(TAR-160 2-13-08 Pege 5 of 8
P10dBCetl wl0i APFemt"' BYRE FonmNi4 LLC 78825 FlM1een Mile Road. Cfinem TavmsrilP• Mitlilgae 405 wgrh>!rororm.cmn riatl~en 1830 A
18.380 Acres O£E bake Arthur Dr.
ConVact Concerning Port Arthur . 77642 Paga 6 of 8 0213-06
(Address of Property)
D. DAMAGES; Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7
days of receipt of the request will be liable to the other party for liquidated damages of three times 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 will be deemed effective upon receipt by escrow agent.
19, REPRESENTATIONS: Seiler represents that as of the Closing Dale (a) (here will be no liens, assessments, or
security interests against the Property which will not be satisfied ouf of the sales proceeds unless securing payment
of any loans assumed by Buyer and (b) assumed loans will.not be in default. If any representation of Seiler irrthis
contract is untrue on the Closing Date, Seller will be in default.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person; as defined by applicahle law, or if Seller fails to
deliver an affidavit to Buyer that Seiler is not a "foreign person ;then Buyer shall withhold from the sales proceeds am
amount suf tcient 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 curtency in excess of
specified amounts is received In the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to,
at, or transmitted by facsimile or electronic transmission as follows:
Ta Buyer at:
Hassan Shomalzadeh
4506 Kandvwood Lane -
Pgrt Arthr Tex 77642
Telephone: (909) 466-6304
Facsimile:
E-mail:
To Setter at:
127 Novant Drive
T't+le Rock Arkansas 72223
Telephone: (501) 6.63-2451
Facsimile:
E-mail:
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed
:except by their written agreement. Addenda which are a part of this contract are (check all applicable boxes);
^ Third Party Financing Condition Addendum
^ Seller~tRancing Addendum
^ Loan Assumption Addendum
^ Addendum br Property Subject to
Mandatory Membership in art Owners'
Association
^ Addendum for Sale of Other Property by
Buyer
Other (list):
Initialed foridentification by Buyer ~ _ and Seiler
(fAR-1607)2.13-06
Pr0duce0with Z3pPortu°' b/ RE FomuNet LLC 18045 Firteen Mille Raa4 CMl0n ToWruNp, lNkNgen 48G55 www.zlorann.com
^ Ehvironmental Assessment; Threatened
or Endangered Species and Wetlands
Addendum
^ Addendum For Coastal Area=Property
Addendum For Property Located Seaward of
the Gulf Intracoastal Waterway
^ Addendum for Release of Liability on
Assumption of FHA, VA, or Conventional
Loan Restoretion of Seller's End0ement
for VA Guaranteed Loan
^ Addendum for "Back-Up" Contract
TREC NO. 9~
page 6 of B
HasiM lit,?8 A
18.380 Acres Off Lake Arthur Dr.
Port Arthur 77642 _ Page 7 of 8 02.13.06
n
t
t G
mi
rac
ce
ng
pon
o
i (Address of Property)
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and
Buyer's agreement tb pay Seller $ N/A (Option Fee) within 2 days after the effective date of this
contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination. to Seller
'
rf Buyer
within N A days after the effective date of this contract. If no dollar amount is stated as the Option Fee or
failsto pay ttte Option Fee within the time prescribed, this paragraph will not be a part of this contract and Buyershall
not have the unrestricted right to terminate this contract If Buyer gives notice of termination within the time
prescr)beG, the Option Fee will not.be refunded; however, any earnest money will be refunded fo Buyer. The Option
Fee [~ will ^ will not be credited to the Sales Pdce at closing. Time is of the essence for this paragraph and
strlet compliance with the time for performance Is required.
24. CONSULT AN ATTORNEI': Real estate licensees cannot gNe legal advice. READ THIS CONTRACT CAREFULLY.
if yotrdo not understand the effect of this contract, consult an attorney BEFORE signing.
Buyer's Seller's
Attomey Is: Pete Skeels Attorney is:
3120 Central Mall Dr,
Port Arthur Tex 77642
Telephone: ,(409) 724-6644 Telephone:
Facsimile: Facsimile:
E-mail: E-mail:
f day of 77'1 Gt/'C/r Z o0 8 (EFFECTIVE DATE).
.EXECUTED the ~0
L ACCEPTANCE.)
N
A
(BROKER: FILL IN THE DATE OF FI
/
J
~,
Buyer Hassan Shomalzadeh Seller Hancock, Joseph & niels,Inc.
0
Buyer Seller
The form of this contract has been approved by the Texas Real Estate Commission. TREC forms ere intended for use only by trained real
rovision in any speafic transactions. It Is nal intended
uac
of an
lidit
e
l
y
y p
y or ad
va
q
estate Ifcensees. No representation Is made as to the lega
for complex Iranaa~ons. Texas Real Estate Commission, P.O. Box 12168, Austin, TX 78711-2186, 1'-600-?60A752 or (512) 459.85A4 ,
(htlpJhvwwkeastate.lx.us) TREC NO. &6. This form ieplaces TREC NO.9-6.
TREC NO. 9=6
Page 7 of 8
(TAR-1607) 2.13-i7B
Preduced N/ih 2fpForm^' by flE FMnfNeC LLC 18025 Flneen Mile Road, plriWn TuwnsNp, Mlchrgan 46035 twny.ziofonrtrom Hasssn 18.78 A
18.380 Acres Off Lake Arthur Dr.
Contract COncemtng Port Arthur 77642 Page8of8 02-13-06
(Address of Pro edy
BROKER INFORMATION AND RATIFICATION OF FEE
Listing Broker has agreed to pay Other Broker N/A of the total sales price
when fisting Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from
Listing Broker's fee at closing.
N/A ~ Blount Properties 0234628
Other Broker License No. Listing Broker License Na.
represents ~ Buyer only as Buyer's agent represents ~ Seller and Buyer as an intermediary
^ Seller as Listing Brokers suhagent ^ Seller onry as Seller's agent
// _ _ ~Q Q ~~~(409)T21-5533
Associate Telephone Listing Associate7~ - Telephone
Ronald J. Blount
_ ~ 2826 Na11 (909)721-9560
Brokers Address Listing Associate's Office Address Facsimile
Port Neches Tx 77651
City State Zip City State Zip
ronnie@blovntproperties.com
Facsimile Email Address
(509)721-5533
Email Address Selling Associat Telephone
Ronald J. B1 unt
Same
Selling P,ssociate'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 Date
~_C/ONTRACT AND EARNEST MONEY RECEIPT '/ y/,~n
Receipt of Contract and L~ $~~ ~ ~ ~ Earnest Money in the form of ~.l ~ "v I
is acknowledged.
Escrow Agent Port Arthur Abstracts xitle co. Date: r
By' Email Address
Molly Malle
2950 Turtle cr k Drive Telephone: (409)960-3000
Address
Port Arthur xx 77642 Facsimile:
qty State Zip
TREC NO 9-S
(TAR-160n 2-13-06 Page B of 8
Produced with LlpForm ^' 6y RE FarmsNe~ LLC 18025 Fllteen MAe Roa4. Crinton Tovmslvp, Mkhgan ~BO75 www inform cmn Hassan 1878 A
Approved by the Texas Real Estate Commission for Voluntary Use
Texas law 2qufres elf reef estate licensees to give the following information
about brokerage servrces ro prospective buyers, tenants, sellers and landlords.
Information About Brokerage Services
efore working with a real estate broker, you should
Bknow that the duties of a broker depend on whom
the- 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 properly for sale or lease is the owners agent. A
broker who acts as a subagent represents the owner in
cooperation with the listing broker. A broker who acts as
a buyers agent represents the buyer. A broker may ad as
an intermediary between the parties if the parties
consent in 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
by law 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 written -
listing agreement, or by agreeing to act 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 owners
agent anything the buyer would not want the owner to
know because an owners agent must dsclose to the
owner any material infortnallon known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into 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 test. The owner
should not tell a buyers agent anything the owner would
not want the buyer to know because a buyers agent must
disclose to the buyer any material information known to the
agent.
IF THE BROKER ACTS AS AN INTERMEDIARY:
A broker may act as an intermediary between the parties
'rf the broker cr~tplles 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
written consent must state who will pay the broker and, in
conspicuous bold or underlined print, set forth the broker's
obligations as an intermedary. The broker is required to
treat each party honestly and fairly and. to comply with
The Texas Real Estate license Acl. 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 not disclose that the buyer will pay a price
greater than the price submitted in a written offer
unless authorized in writing to do sc by the buyer, and
(4) may not disclose any confidential information or
any information that a pang specifiglly Instructs the
broker in writing not to disclose unless authored in
writing to disclose the information or 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.
uJth the ponies' consent, a broker acting as an
intermediary between the. parties may appoint a person who
is licensed under The Texas Real Estate License Aci
and associated with the broker to communicate with and
carry out inshuctions 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 written agreement with the broker
that clearly establishes the brokers obligations and your
obligations. The agreement should. state how and by
whom the broker wll be paid. You have the right 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 estatelicensee asks that you~gcknowledge receipt of this information about brokerage services for the licensee's records.
07
Texas Real Eslale Brokers and salespersons are ricerted and re8maled try the Texas Real Estate CammiSSion (rREC). If you have a question
or wmplainl regarding a real estate ecensee, You should contact TREC al P.O. Boz 12188, Austin, Texas 78T 114188 or 51718&7968.
V7A
(TAR-2501)1/1196
Blolmr Propcrtict 7426 Nall, Pa Fax~d09 Y21 A560 Ronald 1. Bloutn
Pbonc~a77213533 ( )
PrOduad wipe ZlpFOrfh^ try RE FarmsNeL LLC 18035 RReen Mile Road, Cilydon Tawnstdp, Mkhlgan 48075 wxwsiormm.com
aweW+e
InpplGllT
I ntc No. OP-K
Page 1 of 1
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The real property, described below, which you are about to purchase, is located in the Jefferson County
Drainage District No. 7. The District has taxing authority separate fi om any other taxing authority, and
may, subject to voter approvals issue an unlimited amount of bonds and levy en unlimited rate of tax in
payment of sncfi bolds. As of this date, the rate of taxes levied by the District on real property located in
the district is - 0.1$ 72102 on each $100.00 of assessed evaluation. if the District has not yet leviedtaxes, the
most reeegt projected rate of debt service tax, as of this dale, is 0.00 on each 1$ 00.00 of assessed
valuation, The total amount of tionds which has been approved by the voters and which have been or may,
at this.date, be issued is ~, and the aggregate initial principal amounts of all bonds issued farone or
mare of the specified facilities of the District and payable in whole or in part from property taxes which
Have been previously issued was $28.845 000.00.
The District has the authority to adopt and impose a standby fee on property in the district [hat has district-
ftnanced water or sewer facilities and service available but not comtected 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 S0,00. An unpaid standby fee is a personal obligation of the person that owned the property at the
time of imposition and is secured by alien on the property. Any person may request a certificate from the
district stating the amount, if any, of unpaid standby fees on a tract of property in the district.
The purpose ofWis District is to provide drainage and flood control facilities and services within the
district through the issuance ofbonds payable in whole or in part from property taxes. The cost of these
utility facilities is not included in the purchase price of your property, and these utility Facilities are owned
or to lie:owned by the District.
The legal description of the property, which you are acquiring, is as follows: LT 5 TR 3 BLK 10 RG
GLT7TR4LTSTRiBLK10RGHPAL_O.
3-t O •2dy~ -~U(~
Date Signature of Seller
Date Signature of Seller
The undersigned Purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of
a binding contract for the purchase of the real property described in such notice or at closing of purchose of
the trial property. ~ ~ /
Date Signature of Purchaser
Date Signature of Purchaser
PURCHASER [S ADVISED THAT THE INFORMATION SFIOWN ON THiS FORM IS SUBIECT TO
CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX
RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OP EACH YEAR,
EFFECTIVE FOR THE YEAR IN WHICH THGTAX RATES ARE APPROVED BY THE DISTRICT.
PURCHASER IS ADVISE TO CONTAC'T' THE DISTRICT TO DETERMINE THE STATUS OF ANY
CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM.
~~!
4
TEXAS ASSOCIATION OF REALTORS®
INTERMEDIARY RELATIONSHIP NOTICE
USE OF THIS KORM BY PERSONS WHO ~~OT MNE ~6RS OFw ASE LTEXAS~ O'CIAa N OF REALTORS015 NOT Al1rNORQEO. '
To: Hancock JdsePh & baniels Inc (Tim McKenzie President) (Seller or Landlord)
and Hassan Shomalzadeh - (Prospact~
From: Blount Properties (Ronald J Blount) - (Broker's Firml
28.380 Acres Off Lake Arthur
Re: Port Arthur Tx 77692 - (Property)
Date:
A. Under this notice, "owneY' means the seller or landlord of the Property and "prospect" means the above-named
p~gspecGve buyer or tenant for the Property.
8. Broker's firm represents the owner under A listing agreement and also represents the prospect under a buyerRenant
representation agreement.
C. Ir} the written listing agreement and the written buyerRenant representation agreement, fioth 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 by the Broker. When the prospect makes an offer to purchase or lease the Property,
broker will act in accordance with the authorizations granted in the listing agreement and in the buyer/tenant
representation agreement.
D. t3rpker ^ will Q' will not appoint licensed associates to communicate with, carry out instructions of, and provide
gpinians and advice during negotiations to each party. If Broker makes such appointments, Broker appoints:
to the owner, and
to the prospect.
E. By acknowledging receipt of this notice, the undersigned parties reaffirm their consent for broker to act as an
intermediary.
F: Additional ihformation:.(DiSclrlse material information related to Brokers relationship to the parties, such as persona!
relafioashrps orpriororCOnfemplatedbusiness relafionships.)
Ttie untle igned acknowled a receipt of this notice
3-7 d "~8
Setter or Landlord ~ Date
Tiro MclCenzi:e
Seller Or tendlord Date
Prospect Date
Hassan $homalzadeh
Prospect
Page 1: of 1
Etount 7rdPci4iSS 2816 Nil), Pon Nkchls TX 27631 (ifx
P}lon2:409f213A3 Fak: (409) 721A560 Ronald I. Blount
- PlodusRd widl ZpForm^' by RE FonnsCret LLC 18025 FiSeen MIfE Road. CSnton Towmftip, MlUtgan eeaaa wwwsiofarm.com
EXHIBIT "D"
EASEMENT
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) 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, 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 Access Easement in the corridor as marked in
Exhibit "A" shall be 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
adjacent canal, ditches, stormsewer facilities and
z.access easement_shomalzadeh
detention facilities and adjacent city property and it is
granted subject to these provisions.
Said Stormsewer and Drainage Easement in the corridor
or corridors as marked 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 and drainage structures in the corridor or
corridors as marked 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 tract of land for the aforesaid purposes of
this Easement.
II.
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.
z.access easement_shomalzadeh
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 to the foregoing
instrument, for the purposes and considerations therein
expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2005.
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 Council on
WITNESS MY HAND this ~ day of
2008.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons,
City Manager
z.access easement_sliomalzadeh
ACKNOWLEDGMENT
THE STATE. OF TEXAS
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 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
THE STATE OF TEXAS
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
z.access easement_shomalzadeh
EXHIBIT "E"
EASEMENT
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) 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, 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 non-exclusive and shall
be for the purpose of maintaining, improving, installing
and upgrading by the City of stormsewer lines and drainage
structures.
z.drainage easement_shomalzadeh_11 acres
I.
Zt is expressly understood and agreed that the City
shall have the right of ingress to and egress from the
above-described tract of land for the aforesaid purposes of
this Easement.
II.
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
ACKNOWLEDGMENT
THE STATE OF TEXAS
z.drainage easement_shomalzadeh_11 acres
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 to the foregoing
instrument, 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
ACCCEPTANCE OF EASEMENT
This easement was accepted by the City of Port Arthur
per Ordinance No. approved by the City Council on
WITNESS MY HAND this day of
2008.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons,
City Manager
z.drainage easement_shomalzadeh_11 acres
ACKNOWLEDGMENT
THE STATE OF TEXAS
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 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
THE STATE OF TEXAS
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
z.drainage easement_shomalzadeh_it acres
EXHIBIT ~~F"
EASEMENT
STATE OF TEXAS 5
~ 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) 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, and Easement in, under, and across the
approximately 18.38 acre tract of land 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 non-exclusive and shall
be for the purpose of maintaining, improving, installing
and upgrading by the City of stormsewer lines and drainage
structures.
z.dzainage_easement_shomal zadeh_18 acres
I.
It is expressly understood and agreed that the City
shall have the right of ingress to and egress from the
above-described tract of land for the aforesaid purposes of
this Easement.
II.
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
ACRSTOWLEDGMENT
THE STATE OF TEXAS
COUNTY 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 to the foregoing
instrument, for the. purposes and considerations therein
expressed, and in the capacities therein stated.
z.drainage_easement_shomalzadeh_18 acres
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. approved by the City Council on
WITNESS MY HAND this day of
2008.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons,
City Manager
z.drainage_easement_shdmalzadeh_18 acres
ACKNOWLEDGMENT
THE STATE OF TEXAS
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 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
THE STATE OF TEXAS
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
z.drainage_easement_shomaizadeH_18 acres
BXHIBIT "G"
AUTHORIZATION TO SELL PROPERTY
WHEREAS, by Deed Without Warranty recorded August 23,
2001 under County Clerk'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.; and
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 the Park Central Municipal Utility
District; and
WHEREAS, Park Central Municipal Utility District was
dissolved and the City of Port Arthur, Texas is its
successor in interest; 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.
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, TEXAS
(Successor to Park Central Municipal Utility District)
BY :.
(printed name and title)
Z.po5874_exhibit