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O-2023-3925
ORDINANCE NO.2023-3925 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DECLARING CERTAIN REAL PROPERTY LOCATED NEAR THE INTERSECTION OF SPENCER HIGHWAY AND THIRTEENTH STREET AND BEING A 0.057 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF LOT 24, BLOCK 719, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AS SURPLUS PROPERTY THAT IS NOT INDEPENDENTLY DEVELOPABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCOMPLISH THE SALE OF SAID REAL PROPERTY IN ACCORDANCE WITH STATE LAW, TO THE ABUTTING PROPERTY OWNER; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City of La Porte, Texas, is the owner of real property located near the intersection of Spencer Highway and Thirteenth Street and being a 0.057 acre tract of land, more or less, being out of Lot Twenty-four (24), in Block 719, of the Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 58, Page 462, of the Deed Records of Harris County, Texas, and being more particularly described by metes and bounds on Exhibit A attached hereto and incorporated by reference (the "Property" herein), and which Property has been determined to be surplus property of no economic or public benefit to the City; and WHEREAS, the Property is presently zoned Light Industrial (LI), but due to irregular shape and small size cannot be independently developed under current zoning and property development regulations of the City; WHEREAS, the owner of real property adjacent to and abutting the Property has offered to purchase the Property from the City; and WHEREAS, Texas Local Government Code Sec. 272.001(b)(1) states that notice and bidding requirements for the sale or exchange of real property owned by a municipality do not apply in the case of "narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances'; and WHEREAS, Texas Local Government Code Sec. 272.001(b) provides that a political subdivision must receive fair market value as determined by an appraisal obtained by the political subdivision in cases where real property is conveyed or sold under a qualifying exception to notice and bidding contained in Sec. 272.001(b), unless the conveyance or sale "is with one or more abutting property owners who own the underlying fee simple'; and WHEREAS, the City Council desires to sell the Property to Stacy Lowe and husband Jesse Daniel Burris, and Kim DeYoung and wife Linda S. DeYoung, the current owners in fee simple of real property that abuts the Property, for a purchase price of no less than $5,000.00, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. The Property is determined to be 1) surplus property of no economic or public benefit to the public, and 2) of irregular shape and small size relative to other lots in the same subdivision as the Property and that as a result cannot be independently developed under current zoning and property development regulations of the City. Section 3. The City Manager is hereby authorized to execute any and all documents necessary to accomplish the sale of the Property, located near the intersection of Spencer Highway and Thirteenth Street and being a 0.057 acre tract of land, more or less, being out of Lot Twenty- four (24), in Block 719, of the Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 58, Page 462, of the Deed Records of Harris County, Texas, and being more particularly described by metes and bounds on Exhibit A attached hereto, to Stacy Lowe and husband Jesse Daniel Burris, and Kim DeYoung and wife Linda S. DeYoung, the current owner in fee simple of abutting property, for a price of no less than $5000.00. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the 24th day of APRIL 2023 CITY OF LA PO.RTE. TEXAS r -..:- n n:,_t_. IkA........ APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney 1945I3\ L hG N.N D - � ""T w mmnR w • :i c - Pe. i ei u�isst a .— 0 . co-rt� uananrt - . Hurt AL - ADIVi EA`ZLQ+r LLD. - uLTu POSE P.T. - PPiT Ol tAXtLNGY -t - PIOIIK UM- U1 11 rt -VA- - WT TO SCAU - NFPSRh CllatA .�( �( - OHNi IINiT fD!¢ RU VVL'- L-9 .. . 0...I�u un [AuuOIT SIR - SR RW A00 ©. PJY OCR _ PF(YIRiY NE �T u 'L rdrt li5 - 4£AJG P.AL - PrRRANTNT AC= El%WII CF.1 - OI)uC5 r1L YA✓R1I P.0 PtdT Of 0.4VAM[ uL - SVlrMY ¢rCR [A56�Ofi STUSL _ STDFII [AS6EYl - POYER PR[ - LlmDlf YNL /—/— 1RL rwx D.L - fXlIf1.GE [ASFAQR P.CC PORT fY FAaP:IID OIID'ANRE PL - w0. C 0 W u.:.s - MNAIAE !o LIT ®- A V • 1HY. �¢ LL _ F.IM G [ASOEDII W L" _ F0.1EN WVI Pa P.0.0 - PplT OF mle[ITPYn U.L U10.1TY EUNXM T PILL YNiTR VIE V.RYDR SERH¢ CROP . OLLLMa 5[IRAW IA[ . IV}m PVN eeI P.fl& - POPIT OF BEPirNC liq. - rOTW PP. - gSup PIXL YIP. POST sr,IaD.- USL - HAT[R A 1 EA T SI:&" F. N01 F0.0 �' P 0 CIE STORY METAL BLOG. LOWE STACY PART OF LOTS 21, 22 & 23 C.F. 20060386539 F.IR 5/8' 7 m CITY OF LA PORTE A m In PART OF LOTS 21, 22 & 23 O cZi C.F. RP-2016-442413 .Zm7 � D D = Z x 0 IA m = a m 71 v —I 208.50' SCALE LY t =2D' BRIEDEN GUS R LOTS 2 THRU 10 RP-2021-209132 I 16' ALLEY NORTH 25.00' GRAVEL LOWE STACY PART OF LOTS 25 & 26 o C.F. 20080386539 0 0 0 2,500 SO. FT. 0.057 ACRE LOT 24 BLOCK 719 F.I.R. 5/8 50.00' F.LR. 5/8- PA; CITY OF LA PORTE PART OF LOTS 25 & 26 RESCUE LOT 24 '\ C.F. RP-2016-442449 250 SO, FT. RETANED BY CITY OF LA PORTE THIRTEENTH STREET (80' R.O.W.) 11--d 6 AC ,Plod by: Car ! Uu Ic NOTES: LEGAL DESCRIPTION - BEM -ID BASIS: rnM CODE MD.57BI60 HLC.U.R. A 0,057 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF LOT TWENTY-FOUR (24) IN SUBUNRECORDED EASEUWS LT TO ANY AND ALL RECORDED AND BLOCK 719. OF THE TOWN OF LA PORTS, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING - SURVEYOR HAS IIOT INCEPE"YWTLY A3'i.RICTEO TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58. PAGE 462, OF THE DEED RECORDS PROPERTY - UNDERGROJND UNUTY INSIALUTIONS. OF HARRIS COUNTY. TEXAS, SAID 0.057 ACRE TRACT BEING MORE FULLY DESCRIBED BY METES UNDER-..ROUNO DIPROVEUENTS. FOUNDATIONS AND BOUNDS AS ATTACHED AND/OR OTHER UNDERGROUND STRUCTURES WERE ADDRESS NOT LOCATED BY THIS SURVEY - THS SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY, IT IS NOT IRANSFOWE TO CITY OF LA PORTE WEST MAIN STREET ADOTIONAL INSTRTRIONS OR SUBSEQUENT ONWM - SUR.12C. TO RESTRICTNE COVERANTS AS PER TTEE CODUTLE.W •-V SOB # 2303385 - SU81EC.. TO IONING AND BUILDING ORDINANCES ENFORCED BY LOCAL UUNICIPALITIES - ADUACELIR BUILDING ENCROACHES SOUTFI F ; DATE 4-5-2023 PROPERTY LINE AS 5No•nl n t .- s SU 1 00 HEREBY CERTNY THAT THIS SURVEY WAS THIS DAY MADE ON T1..E GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON (OR ON ATTACHED SHEET), AND THERE ARE NO DXRDACHUENTS EXCEPT AS SHOAH, AND WAS DONE BY ME OR UNDER MY SUPEWSION. GFA CTH-AWV-CTT23767500 PRO-SURV P.O. BOX 1365. FRIENDSWOOD, TX 77549 PHONE: 281-996-1113 FAX: 281-996-0112 E M AIL: ORD ER SCPROSUR V.N ET T.S.P.E.L.S. FIRM 110119300 ONLY SURVEY DAPS VATH THE SURVEYOR'S ORIGINAL SIGVATJRE ARE GENIRNE TRUE AND CORRECT COPIES OF THE SURVEYORS ORIGINAL WORK AND OPINION e:• 2023 PRO-SURV - ALL RIGHTS RESERVED FIELD NOTES OF A SURVEY OF A 0.057 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF LOT TWENTY-FOUR (24) IN BLOCK 719, OF THE TOWN OF LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 462, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, SAID 0.057 ACRE TRACT BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 518-INCH IRON ROD FOUND IN THE SOUTH PROPERTY LINE OF SAID LOT 24, SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE CITY OF LA PORTE BY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER RP-2016442413 AND BEING LOCATED WEST A DISTANCE OF 25.00 FEET FROM THE ORIGINAL SOUTHEAST CORNER OF SAID LOT 24; THENCE WEST, ALONG THE COMMON LINE WITH LOT 23 AS CONVEYED TO STACY LOWE BY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER 20080386539, A DISTANCE OF 100.00 FEET TO A 1i2 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING IN THE EAST RIGHT-OF-WAY LINE OF A 16 FOOT WIDE ALLEY; THENCE NORTH, ALONG AND COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF SAID 16 FOOT WIDE ALLEY, FOR A DISTANCE OF 25.00 FEET, TO A 112 INCH IRON ROD SET MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING SOUTHWEST CORNER OF LOT 25 AS CONVEYED TO STACY LOWE BY SAID DEED RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER 20080386539; THENCE EAST, ALONG AND COINCIDENT WITH THE COMMON LINE OF SAID LOT 25, A DISTANCE OF 100.00 FEETTO A 518 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS CONVEYED TO THE CITY OF LA PORTE BY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER RP-2016-442449; THENCE SOUTH, TRAVERSING SAID LOT 24, A DISTANCE OF 25.00 FEET, RETURNING TO THE POINT OF BEGINNING AND CONTAINING WITHIN THESE CALLS 0.057 ACRES OF LAND, MORE OR LESS. - PAGE 2 OF 2 DocuSign Envelope ID: 53858125-4BB5-4056-BF12-820F00501 E2F COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO, INC. 13 NOT AUTHORIZED. Vexes Association of REALTORft, Inc. 2022 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are, Seller: fit �f La Porte Address: 604 W Fairmont P", La Porte, Tx 77571 Phone: (281)470.,5020----- Mobile: Fax or Other: Buyer: Kim A Deyoun Stacy W Lowe Address: 732 Pegasus Lane, League City, Tx 77573 Phone: (713)304-1800 E-mail: kd castnet/lindasde „ail eyounq@com —!)msn.com Mobile: Fax or Other: A. "Property" means that real property situated in Harris County, Texas at W Main, La Porte, Tx 77571 (address) and that is legally described on the attached Exhibit "All or as follows'. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Sellers right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights -of -way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's Interest In all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing ........................ $ 6,000.00 (2) Sum of all financing described in Paragraph 4 .................... $ (3) Sales price (sum of 3A(1) and 3A(2)) ........................... $ 5,000.00 DO DO TXR -1802) 07-08-22 Initialed for Identification by Seller, :'and 13uye[ Page 1 of 15 Main Prop.rile., 1014 9 2nd StLa Porte TX 77571 Phone: 932-27M674 Fax! 281,471.82111 W Main L. Part. Has. Marta Williams Produced with Lane Wolf Transactions (7JpForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.Iwolf.co DocuSign Envelope ID: FCFB5B98-662A-46Bl-A201-613B1DCB071=-A Commercial Contract - Unimproved Property concerning W MMing,a Parto , Tx 77671 B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 6B. (a) The sales price is calculated on the basis of $ (i) square foot of[.] total area n net area. area El net area. (ii) acre of E] toltAl per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: H(I) public roadways; (H) rights -of -way and easements other than those that directly provide utility services to the Property; and [] (III) (c) If the sales price Is adjusted by more than % of the stated sales price, either party may terminate this contract by providing written notice to the other party within days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the total amount of $ This contract: H(1) is not contingent upon Buyer obtaining third party financing. (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TXR-1931). B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TXR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ I ❑ C. Seller Financing: Buyer will deliver a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TXR-1931) In the amount of $ A. Not later than 3 days after the effective date, Buyer must deposit $ $500.00 as earnest money with Ciiic,@,qq_Title CompaFiySoutlieast (title company) at 4621 Center St Deer Park Tx 77536 . (address) Casio Lowe (closer). If Buyer falls to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of $ N/A with the title company to be made part of the earnest money on or before: (i) _ days after Buyer's right to terminate under Paragraph 713 expires; or 00 Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 clays after Seller notifies Buyer that Buyer has not tim x "e: I C�d the additional amount. (TXR-1802) 07-08-22 Initialed for Identification by Seller :and Buy r Page 2 of 15 Tz- Main Properties, t0148 2nd St LaPorte TX77571 Phone; 832-279-5674 Fax; 281.471,8231 W Main La Porte Rasa Marl. Williams Produced vVilh Lone Wolf Transactions (zipForm Edition) 717 N Hanaood St, Suite 2200, Dallas, TX 75201 mm8y_JVY0 A. prolil DocuSlgn Envelope ID; FCFB5B9B-662A-4681-A201-B13BIDCB07EA Commercial Contract- Unimproved Property concerning w main, La Pgrka Jx 77671 C. Buyer may instruct the title company to deposit the earnest money In an interest -bearing account at a federally insured financial institution and to credit any interest to Buyer. A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owners Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areas" at the expense of [XJ Buyer [] Seller. (3) Within 15 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. 5urye : Within 20 -__ days after the effective date: Fx] (1) Buyer will obtain a survey of the Property at Buyers expense and deliver a copy of the survey to Seller. The survey must be made In accordance with the: (1) ALTANSPS Land Title Survey standards, or (il) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer zer ' o (insert amount) of the cost of the survey at closing, if closing occurs. F] (2) Seller, at Sellers expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (I) ALTAINSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, F] Seller [] Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to the other party and the title company within 30 days after the title company notifies the parties that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 30 days if necessary for the updating party to deliver an acceptable survey within the time required- The other party will reimburse the updating party __ (insert amount or percentage) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Obiections to Itip Commitment and Survey: (1) Within NIA days after Buyer receives the last of the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed In the items If: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted b Seller will (TXR-1802) 07-08-22 Initialed for Identification by Seller and Buy r liens that Page 3 of 15 Main Properties, 10149 2ndStlAi Porte TX77571 Phone: 832-279-5674 Fax: 281.471..8231 W Main La Porte Rosa Marta Williams Produced with Luria Mir Transactions (ApFonn Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 mmlwoltcorn DocuSign Envelope ID: FGFB5B9B-662A-46B1-A201-813Bl DCB07EA Commercial Contract - Unimproved Property concerning W Main, La Porte, Ix 77571 satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If the commitment or survey is revised or any new document evidencing a title exception is delivered, Buyer may object in writing to any new matter revealed in such revision or new document. Buyer's objection must be made within the same number of days stated in this paragraph, beginning when the revision or new document is delivered to Buyer. If Paragraph 613(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date Buyer actually receives the survey; or (il) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyers timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. A. Present Condition: Buyer accepts the Property In Its present condition except that Seller, at Seller's expense, will complete the following before closing; NIA --- . . .. . ........... . - B. Feasibility R-edod: Buyer may terminate this contract for any reason within 45 days after the effective date (feasibility period) by providing Seller written notice of termination. (1)Independent Consideration, (Check only one box and insert amounts.) (a) If Buyer terminates under this Paragraph 7B, the eamest money will be refunded to Buyer less $ zero that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Para graph713(1) or if Buyer fgils to deposit the egrnest--mgney, Buyer will not have the right to terminate under this Paragraph 7B. F1 (b) Not later than 3 days after the effective date, Buyer must pay $ as independent consideration for Buyer's right to terminate by tendering such amount to the title company. Buyer authorizes escrow agent to release and deliver the independent consideration to Seller at any time upon Seller's request without further notice to or consent from Buyer. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount Is stated in this Paragraph 76(2) or if Buyer falls LQ-12ay the independent consideration Buyer will not have the right to terminate under tbig Paragraph -713. (2) Feasibility Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend the feasibility period for a single additional period of days by delivering $ to the title company as additional earnest money. (a) $ of the additional earnest money will be retained by Seller as additional independent consideration for Buyer's unrestricte right to D will be credited to the (TXR-1802) 07-08-22 Initialed for Identification by Seller_ and Buyqlr - Page 4 of 15 Main Properties, 1014S2nd St La Porte I'V77.571 Phone: U32-279-5674 Fax: M1.471.M1 W Alain La Porte Raw Mario Wiftlarns Produced with Lone Wolf Transactlons (zipForm Edftfon) M N Harwood St, Sulte 2200, Dallas, TX 75201 ymmWILcom oocuSignEnvelope ID: *201-Bl3BloCB07E* Commercial Contract -Unimproved Property concerning sales only upon closing �t� sale. IfBuyer terminates under this � 7� theoddUU nal price earnest 8loV8y will be refunded to Buyer and Seller will retain the additional independent consideration. (b) Buyer authorizes escrow agent to release and deliver to Seller the following at any time upon Seller's request without further notice fgorconsent from BUyar� (I) The additional independent consideration. 0i\ heckn0boxes mronly one box] [leU or Fl$ of the ngma|D|Dg portion of the additional earnest money, which will be refunded to Buyer if Buyer terminates under this Paragraph 7B or if Seller defaults under this contract. If no dollar amount Is stated in this Paragraph 7B(2) as additional e rnest money or as a ditional independent considergtign, or if Buyer fails to titnply deliver the additional earnest money. the eXtension of the feasibilily., griod will not be effective. C. Inspections, Studios, or Assessments: (1) During the feasibility period, Buyer, at expense, may complete or cause to be completed any and all inspections, stud|go, or assessments of the Property (including all Improvements and fixtures) desired byBuyer. (2)Buyer mUst- /u\emnp|wynnk/trmined#ndqumlUledinepectonmandasmemoonm; notify Seller, in advance, of when the inspectors or assessors will be on the Property; /C\ 8h|Uw by any reasonable entry n0|$s or requirements of Seller; (d) not interfere with existing operations oroccupants ofthe Property; and erestore the Property to its original condition if altered due to inspections' otudiee, or assessments that Buyer completes orcauses tobncompleted. (8) EXcacd for those matters that ehaa from the negligence of Seller Or Sellers agents, Buyer is responsible for any o|a}rn' liability, encumbrance, omvoe of aut(on, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage 0rpersonal injury. Buyer will `Ddan8n|fv. hold Mar00|e8s, and defend Seller and Sellers agents against any claim Involving o matter forvVh1ch Buyer is responsible under this paragraph. This paragraph survives termination nfthis contract. (1) Within NIA days after the effective date, Seller will deliver to Buyer the following tothe extent in Sellers possession or control: all that apply.) [l (a) copies Of all current |e@eee' including any MA|De[a| |e8sao, pertaining to the Property, including any modifications, supplements, uramendments bzthe leases; [l (b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay infull on orbefore closing; �l (o) copies of all previous environmental =3o,93nmcnhm, Qootoohn|oa| n:pohs, otmd|ee, or anulysuo made onorrelating tothe Property; (d)copies property tax statements for the Property for the previous 2calendar years; (e) plats ofthe Property; [l .' copies of current utility capacity |e#*ra from the Property's water and aevogr sondue provider; and FOM [rXF-1802) 07-08-22 Initialed for |denUfineUonby0eUs_____ wain Properties, muu2*mLaPorte TX77571 Phone;m2-279-56n m=281.*m231 )to'"MI-14 willia., produped vAth Lone Wolf Transactions (zipFoan Edition) mrw��St, Suite 2200,Dallas. TX,6201 mbme4Awoll.�` Page 5of15 DocuSign Envelope ID: FCF65B98-662A-46B1-A201-B13BIDCB07EA Commercial Contract - Unimproved Property concerning W MaIll, k.a J!2rte , Tx 77511 (2) get!jrn of Pro ea Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied in any format; and F1 (c) deliver to Seller copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecling Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any Interest or right In the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter Into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter Into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any advance sums paid by a tenant under any lease; (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estormel Certificates: Within NIA days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TXR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. (TXR-1 802) 07-08-22 Initialed for Identification by Seller __2�and Buy cr_ Page 6 of 15 hj.],, P-p.111,,, 1014 9 2.d St L. port. TX 77571 Phone: 812-279-5674 Fax: 281.471.8231 W Moin Ua Porte no$. AWIA Williams PrUdLicd with Lone Watt Transactions (OpForra Edition) 717 N Harwood St, SuRe 2200, DDIP35, TX 76201 MOMAAae= DocuSign Envelope ID: FGF135B9I3-662A-46B1 -A201 -13 13131 DOB07EA Commercial Contract - Unimproved Property concerning 9. BROKERS: A. The brokers to this sale are: Principal Broker: Main Mpgrfliks Cooperating Broker: NIA Agent: Rose lMary lA @igras Address: 1014 8 2nd St La Porte Tx 77571 Phone & Fax: J832L279.5674(281)471-8231 E-mail: yourmainrealtor0ya 9_o.com License No.: 0417317 Agent: _ Address: Phone & Fax; E-mail: License No.: Principal Broker: (Check only one box) Cooperating Broker represents Buyer. represents Seller only. represents Buyer only. is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 14 only if (1) is selected.) F] (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. El (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: % of the sales price. $1.00 see ex"hibit "A" Cooperating Broker a total cash fee of: H% of the sales price, The cash fees will be paid in County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. ffl A. The date of the closing of the sale (closing date) will be on or before the later of: 10_____ days after the expiration of the feasibility period. See Exhibit "A" (specific date). (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party falls to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 16. D2, (TXR- 1802) 07-08-22 Initialed for Identification by Page 7 of 16 LR-EL Main Proportlei, 1014SInd St La Porte TX77371 Phone: 932-279-5674 Fax: 281.471-8231 W bJnin La Porte Aw. M-1. Williams Pmdu"d with Lone Wolf Transactions (ApF6rm rdillon) 717 N Harwood St, Suite 2200, Dallas, TX 75201 12mkoff&401 DocuSign Envelope ID: FCFB5B9B-662A-46BI-A201-B13B1DCB07EA Commercial Contract - Unimproved Property concerning W Main, La Porte, Tx ZZ511". C. At closing, Seller will execute and deliver, at Seller's expense, a rx] general []special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (I) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer, (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and Is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale, F, Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) See Exhibit "A" DS DS (TXR-1 802) 07-08-22 Initialed for Identification by Page 8 of 15 N1.1. I W S Ind St L. Part. TX 71611 Phone: 932-279,5674 Fax: 281A71.8231 W Matu Ln Pork Rosa Maria Williams Produced with Lone Wotf Transactions (ApForni Edition) 717 N Harwood Si, Suite 2200, Dallas,'TX 76201 iwmjwolLcon o^^uS:m`Envelope |cx 1~A20-Bw3nIouo07sA Commercia\Contract-UnhnpmvedPmpmrtyuunoeming W Main, La Porte, Tx 77571 A. Seller will pay for the following atOrbefore closing: /1\ releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2)release of Seller's loan liability, ifapplicable; (3) tax statements or certificates; (4)preparation ofthe deed, (5) one-half of any escrow fee; (G) costs horecord any documents bocure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer will pay for the following etmrbefore (1) all loan expenses and fees; (0 preparation of any deed of trust; KBrecording fees for the deed and any deed oftrust; (4) premiums for flood insurance as may be required by Buyer's lender; (5)one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. A^Prorationg: (1) Interest on any assumed loan, baxas, naOts, and any expense reimbursements from tenants will be prorated through the closing date. (2) U the amount of ad w3|DreOl taxes for the year in which the ao|e n|Qsgs is not available on the closing date, taxes will beprorated onthe basis cf taxes assessed inthe previous year. |fthe taxes for the year inwhich the sale closes vary from the amount prorated at closing, the parties will adjust the pn}naUonem/hen the tax statements for the year in which the S8|o doses become 8VBi|8b|e. This Paragraph 14A(2)survives closing. (3) |fBuyer 'assumes o loan or is taking the Property subject to an existing Uen. Seller will transfer all neuon/a deposits held by the lender for the payment of taxes, insurance p;80n|UOOs, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by on appropriate adjustment atclosing. B. Rollback Taxes: If Sellers use or change in use of the PnVpBdv before closing results in the assessment of additional h3XeG, penalties, Or |Oh0rGEt (assessrDeStG) for periods before d0s|ny' the assessments will be the obligation ofthe Seller. |fthis sale OrBuyer's use ufthe Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 148survives closing. C.QepL)sitgi: At closing, Seller will tender to Buyer all security deposits and the following advance payments mamekmd by Seller for periods after closing: prepaid expenses, advance rental pmymenhs, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient tothe party towhom it was prorated within 5 days after the rent isreceived. This Paragraph 14C)survives closing. MAXPM A. If Buyer fails to comply with this contract, Buyer isiDdefault and Seller, as Seller's sole ' may terminate this contract and receive for Buyer's failure nXR-1802107-08-22 Initiated for Identification uySeller and Page 8of10 m./,r~,",^.,v..^u2.d,^L.*.t.rr,sv/ p*=°`R3^u79-5m^ Fa=zmm/.vu/ IN Main La,",m Rosa Marla vw*UI. Produced with Lone Wolf n"="ct"s(Lwrorm Edu*")n,mHarwood St, Suite 2m0,Dallas, ,xr52o *wyuwumxm DocuSign Envelope ID: FCFB589B-662A-46BI-A201-B13B1DCB07EA Commercial Contract - Unimproved Property concerning W Main, La Porte, Tx 77571 except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7G(3) which Seller may pursue; or (Check if applicable) enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both, 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration paid under Paragraph 713(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEYS FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, Such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. A. At closing, the earnest money will be applied first to any cash down payment, then to Buyers closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not re- ceive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party rgenivina the earnest money and the title company may pay the same to the creditors. G. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. D3 DS (TXR- 1802) 07-08-22 Initiated for Identification by Seller _j�" and BuyeL Page 10 of 15 AfAin Woptrfle,, 1014 S 2.d St Ln Port, TX 17571 Phone: 832-279-5674 Fax: 281A7L8731 W Main LA Parle Rota Marta W11flarns Produced With Lono Wolf Transadons (ApForni Edition) 71T N Harwood St, Sulto 2200, Daffas, TX 76201 m8my3wgJLram DocuSign Envelope to: FCFB5B9B-662A46BI-A201-B13BIDCB07EA Commercial Contract - Unimproved Property concerning 2LMajn.La Porte . Tx 77571 F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (I) damages; (ii) the earnest money; (III) reasonable attorney's fees; and (iv) all costs of suit. G. [] Seller [] Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties In accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses In connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange falls to occur. 19. MATERIAL FACTS: To the best of Sellers knowledge and belief: (Check only one box.) A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408). ❑ B. Except as otherwise provided in this contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property Is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead -based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood -destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (10) any condition on the Property that violates any law or ordinance. (Describe any exceptions to (I)-(10) in Paragraph 12 or an addendum,) 20. NOTICES: All notices between the parties under this contract must be In writing and are effective when hand -delivered, mailed by certified mail return receipt requested, sent by a national or regional overnight delivery service that provides a delivery receipt, or sent by confirmed facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. XA. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent Jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed In accordance with the laws of the State of Texas. If any Corm or condition of this contract shall be hold to be Invalid or LtrWgnfor%@qbIe, the remainder of this (TXR-1802) 07-08-22 Initialed for Identification by Seller and Buy r Page 11 of 15 G__ Main Properties, 1014 S 2nd St LaPorte TK 77571 Phone; 832-279-5674 Fati:281.471,0231 W Main La Porte Rosa Maria Williams Produced with Lone Wolf Transactions (ApForm Edition) 717 N fianvond St, Suite 2200, Dallas, TX 78201 DocuSign Envelope ID: 17CF1351398-662A-46131-A201-131 3131 DCB07EA Commercial Contract - Unimproved Property concerning MLMgjnLa Porte . Tx 77. contract shall not be affected thereby. All individuals signing represent that they have the authority to sign on behalf of and bind the party for whom they are signing. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of Identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) E (1) Property Description Exhibit identified in Paragraph 2; L (2) Commercial Contract Financing Addendum (TXR-1931); (3) Commercial Property Condition Statement (TXR-1408); (4) Commercial Contract Addendum for Special Provisions (TXR-1 940); (5) Notice to Purchaser of Real Property in a Water District (MUD); (6) Addendum for Coastal Area Property (TXR-1 915); (7) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1 916); (8) Information About Brokerage Services (TXR-2501); (9) Information About Mineral Clauses in Contract Forms (TXR-2509); (10) Notice of Obligation to Pay Improvement District Assessment (TXR-1 955, PID); and JX (11) Exhibit "A" (Note: Counsel for Texas REALTORS@ has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREQ) or published by Texas REALTORS@ are appropriate for use With this librin.) E. Buyer [] may FRI may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls an a Saturday, Sunday, or federal reserve bank holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or federal reserve bank holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. A. Buyer should have an abstract covering the Property examined by an allomey of Buyers selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized 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 charges 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 service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receiptqtth gregoing notice at or before Initialed for Identification by Seller V (TXR-1 802) 07-08-22 and Buy( r Page 12 of 15 Main Properties, 1014S 2nd St La PartaTX77571 Phone: 832-27 5674 Fax: 281.471.8231 W Main La Porte Rose Maria Williams Produced with Lone Wolf Transactions (ApForm Edition) 71T N Harwood St, Suite 2200, Dabs, TX 75201 MMMhMfy;9M Commercial Contract - Unimproved Property concerning, t a Pesrta� ,_rX._ a7 t the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33,135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be Included as part of this contract (the Addendum for Coastal Area Property (TXR-1915) may be used). E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (7XR-1916) maybe used). F. If the Property is located outside the limits of a municipality, the Property may now or later be included In the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, Inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. H. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." L PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller is required by §5.014, Property Code to give Buyer a written notice concerning the obligation to pay assessments. The form of the required notice is available as a part of the Notice of Obligation to Pay Improvement District Assessment (TXR-1955). LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: N/A 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on Mav 1,2013 , the offer will lapse and become null and void. DS DI (TXR-1 S02) 07-08.22 Initialed for Identification by Seller, ° ° and Buycrk�Page 13 of 15 gain Properiles, 1014 S 2ad St La Porte TX 77571 Plwne: 832474-5674 Fax: 281.471.8231 W Main La Porte lirvtta. Ain,ia Willloacss Produced wlth Lone Wolf Tranxac0ons (zifform Edition) 717 f4 Harwood St, Suite 2200, Dallas, TX 75201 M8M lwolf,WM DocuSign Envelope ID: FCFB5B9B-662A-46B1-A201-B13BIDCB07EA Commercial Contract - Unimproved Property concerning w main, 1.4 Porto ,Tx 77511 READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: Cit- Of L.a Porte BY: By (signaUre): Printed Name: Title: By: By (signature): Printed Name: Title: (TXR-1802) 07-08-22 Stacy W L.ow'e -- -DocuSigned by: By: — C11 . . ..... By (signature): VIA Y" 4A4 Printed Name: Kim-K&19V570L1n13Cg99428- _,-- Title: •DocuSigned by: By: �-W- I — - - .LD- - - - - - By (signature) �-/ 31/ 4ve a �MMMWITFW-t_ E7— Printed Name: Ataqy W Lowe Title, hfalaProperltes, 1014 S 2.d St Lan Porte TX77571 Phone; 832-279-5674 Fax: 281,471,8231 Rasa Nana Williams Produced with Lone Wolf Transactions (zipForM Edition) 717 N Harwood St, Suits 2200, Dallas, TX 75201 Page 14 of 15 W Nola L. Porte DocuSign Envelope ID: FCFB5B9B-662A-46B1-A201-B1313IDC807EA Commercial Contract -Unimproved Property concerning W Main, LaPorte . Tx 77571 — --------- _ NREEMENT BETWEEN BROKERS (use only if Paragraph 9B(I) Is effective) Principal Broker agrees to pay NIA (Cooperating Broker) a fee when the Principal Brokers fee is received. The fee to be paid to Cooperating Broker will be: $ , or % of the sales price, or % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Brokers fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: ------------ ATTORNEYS Seller's attorney: Buyers attorney: Address; Address: Phone & Fax: Phone & Fax,. E-mail: E-mail: Sellers attorney requests copies of documents, notices, and other information: Hthe title company sends to Seller. Buyer sends to Seller. Buyer's attorney requests copies of documents, notices, and other information: the title company sends to Buyer. Seller sends to Buyer, The title company acknowledges receipt of: HA. the contract on this day,__ (effective date); B. earnest money in the amount of $ in the form of on Title company: Chicago Title Company SoutheasKasle Lowe _ By: Assigned file number (GF#): Address: 4621 Center St Door Park, Tic 77636 Phone & Fax: E-mail: (TXR- 1802) 07-08-22 Page 15 of 15 Mobi Properties, 1014 8 2ud St La Parte'rX 77571 Phone: 932-279-5614 Fax:281.471.8231 NV Moln Ln Porte Rosa MAHA NVIHIRMS Produced with Lone Wolf Transactions (zlpForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 M&MIwolLgo DocuSign Envelope ID: 63858126-4BB5-4066-OF12-820F0050IE2F 11 TREALTORS EXAS COMMERCIAL CONTRACT EXHIBIT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF RFALTORSS, INC. IS NOT AUTHORIZED. 01rexas Association of REALTORM Inc. 21110 EXHIBIT "A" TO C011 NEW4L�11—MMUCT BEIVEEN THE�UWDERSIGNED CONCERNING THE PROPERTY AT W Main, LaPorte, Tx 77571 — ----- --- I.City of La 2. City of La Porte will retain approximately 1125 sq ft (East Side) of Lot 24 Blk 719 3.All closing costs for seller & buyer to be paid by buyer 4.Survey to be ordered upon agreement of all parties B.Closing date will be determined once all documents have been approved by all parties. 6.Buyer to pay Main Properties $1.00 as commission on: this transaction. By: ---------- By (signature): 6 Printed Name: V Title: By: By (signature): Printed Name: Title: (TXR-1937) 1-26-10 Kim A Deyoung Buyer., tacy W Lowe DocuSIgned by; By: By (signate ro); 3/2!L/ZG2-3- Printed Name: KlvrtWW070ym Title: DocuSigned by: 3/21/2023 By (signature)- tN tol, 5 0320 Printed Name: Sta"Ev lw�tolweo Title: Page 1 of I AIRIM PMPErHM 101482ndStl.a Porte IX77571 Phone: 832-279-5674 Fart; 281.471.8231 WI%Ioin Lft Porte Rosa Afatin WiIIIAMS Produced with Lone Woff Transactions (zipFornn Edition) 231 Shearson Cr. Cambridge, Ontario, Canada NIT 1.15 www,Iwolf.com FIELD NOTES OF A SURVEY OF A 0.057 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF LOT TWENTY-FOUR (24) IN BLOCK 719, OF THE TOWN OF LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 68, PAGE 462, OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, SAID 0.057 ACRE TRACT BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH IRON ROD FOUND IN THE SOUTH PROPERTY LINE OF SAID LOT 24, SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE CITY OF LA PORTE BY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER RP-2016442413 AND BEING LOCATED WEST A DISTANCE OF 25.00 FEET FROM THE ORIGINAL SOUTHEAST CORNER OF SAID LOT 24; THENCE WEST, ALONG THE COMMON LINE WITH LOT 23 AS CONVEYED TO STACY L.OWE BY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NUMBER 20080386539, A DISTANCE OF 100.00 FEET TO A 112 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING IN THE EAST RIGHT-OF-WAY LINE OF A 16 FOOT WIDE ALLEY; THENCE NORTH, ALONG AND COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF SAID 16 FOOT WIDE ALLEY, FOR A DISTANCE OF 25.00 FEET, TO A 112 INCH IRON ROD SET MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT', SAID POINT ALSO BEING SOUTHWEST CORNER OF LOT 25 AS CONVEYED TO STACY LOWE BY SAID DEED RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER 20080386639: THENCE EAST, ALONG AND COINCIDENT WITH THE COMMON LINE OF SAID LOT 25, A DISTANCE OF 100.00 FEET TO A 5/8INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS CONVEYED TO THE CITY OF LA PORTE BY DEED RECORDED UNDER HARRIS COUNTY CLERKS FILE NUMBER RP-2016-442449; THENCE SOUTH, TRAVERSING SAID LOT 24, A DISTANCE OF 25.00 FEET, RETURNING TO THE POINT OF BEGINNING AND CONTAINING WITHIN THESE CALLS 0.057 ACRES OF LAND, MORE OR LESS. OF T TfYBY AUL""CN11N7 O - PAGE 2OF2 LEGEND PAC - p 4D . 021m ko.r ' VOGM FORM : �� �.r Unuff wCuo" P.T. - PMT W YAWINCY nor IV V_" Pus.- — b— — 0 oftop"m OCR" m aUfx Nan ILL VADRA UNC To— -- "ImTY ME METAL FM 01.1m TOFOT ILE Nuum M - �rCOMCWAICUT5 D""GTOW""'R"S"n .POOR ME P- PmF = AWAURE.yt %ML FOiCE .Cv71m Omw� psow mcm CA93mIm EWVLVU . UqAaZ To SET Uk . UDUTIf EASMDM Ce,, ObeeNeMMCK UK o"umm DeCIX F.U. FQA40 RON M ml� - PONT w mum'", e00 ROA - �t OF vow"m W� - -ATM LNE COMERro" ". . MY SEWN FOR 40T M(O -m% W,,a, tw - PO Ku W&C & Tom USDIOR SCALE TY 1'=20' BRIEDEN GUS R LOTS 2 THRU 10 RP-2021-209132 16' ALLEY NORTH 25.00' TJLr. 7' GRAVEL ONE STORY METAL BLDG. LOWE STACY LOWE STACY PART OF LOTS 21, 22 & 23 PART OF LOTS 25 & 26 C.F. 20080386539 b C.F. 20080386539 0 0 ui 2,500 SQ, FT. 0,057 ACRE LOT 24 BLOCK 719 RUR. Ble CITY OF LA PORTE PART OF LOTS 21, 22 & 23 C.F. RP-2016-442413 K > RESIDUE Lox 24 = % FT. z RETAINED ay CITY OF LA PORTE Fq X rn SOUTH M 8,50' THIRTEENTH STREET (80' R.O.W.) 5docr F.I.R. 5/0, CITY OF LA PORTE PART OF LOTS 25 & 26 C.F. RP 2016-442449 Roylowed & A—epted by, D.t. - ----- Dale NOTES. LEGAL DESCRIPTION DEARM Ww- FILM CODE No. 678100 H-c-m-k A 0.057 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF LOT TWENTY-FOUR (24) IN SUBJECT To ANY AND ALL RCCORDCD AND UNRECORDED EASELIEMS BLOCK 719, OF THE TOWN OF LA PORTE, A SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING - wRvm NA" "Or INDEPENDENTLY ADSMOATED TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 58, PAGE 4452, OF THE DEED RECORDS P ADIFERTY - VNDEROROUNQ UTMVY INSTAIIARON$. OF HARRIS COUNTY, TEXAS, SAID 0,057 ACRE TRACT BEING MORI! FULLY DESCRIBED BY METES UNDERGROUND IMPROVEMENTS, FOUNDATIONS AND BOUNDS AS ATTACHED AND/OR OTHER UNDERGROUND STRUCTURES WERE �m LOCATED BY T" SURVEY ADDRESS THG SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY, IT 19 HOT TRANS HAOUE TO CITY OF LA PORTE WEST MAIN STREET ADD=HAL INSTITUTIONS OR SVUSVQUUff OWNERS - SUBJECT TO RESIT)CM COVENANTS AS PER TTRZ COMMITMENT - SUaJECT TO ZONNO AND OUIDING OWNANCES ENFORCED By LOCAL UVIRG"FAMCS - ---------------- JOB 111 2303385 - ADACECNT BUILDING ENCRaACHES SOUTH OF PROPERTY LINE AS SKM DATE 4-6-2023 ......................... GF# CTH-AWV-C17237075OO TOBY AUL C CHMAN PRO-SURV P.O. BOX 1366, FRIENDSWOOD, TX 77549 PHONE 281-996-1113 FAX,* 281-996-0112 EMAIL: ORDERSOPROWIRV.NET ....... U R tBLP.E.L.S. FIRM #10119300 ONLY SURVEY MAPS WITH THE SURVEYOR'S ORIGINAL 1 00 HEREBY CERVFY THAT TNT SURVEY WAS WS DAY MADE ON THC SIGNATURE ARE GENUINE TRUE AND CORRECT COPIES OF THE SAJ RVEYOR'S ORIGINAL VWX AND OPORON WOUND OF PROPERTY LEGALLY MUNITED HEREON (OR ON ATTACHED 76" ARE NO ENCROACHMENTS EXCEPT AS SHD^ AM WAS = MY 0 RIMERVE11 E ME OMEUNDER 2M PRO-SURV -ALL RIGMTS