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Home My WebLink AboutSpecial Warranty Deed - Galloway School - 3200 W BAY AREA BLVD R2011-18 Exhibit A City of rriendswooci SPECIAL WARRANTY DEED 3 STATE OF TEXAS § Receivzd t § KNOW ALL BY THESE PRESENTS: V� COUNTY OF HARRIS § THAT THE GALLOWAY SCHOOL ("Grantor"), for and in consideration of Zero Dollars ($0.00) and other good and valuable consideration paid in cash to the Grantor by the Grantee herein named, has GRANTED, BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL AND CONVEY unto the CITY OF FRIENDSWOOD, a Home- Rule City of the State of Texas ("Grantee"), all of the property described as being 1.2603 acre tract of land, partially situated in the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, and partially situated in the John Dickinson Survey, Abstract No. 15, Harris County, Texas, and being a portion of Restricted Reserve "A" out of Autumn Creek Section 9, a subdivision plat recorded under Film Code No. 497014 of the Map of Records of Harris County, Texas (the "Property"). THIS CONVEYANCE IS MADE BY GRANTOR AND ACCEPTED BY GRANTEE subject to the terms, conditions and provisions hereof and further subject to all applicable easements, conditions, restrictions, covenants, mineral or royalty interests, mineral reservations, surface waivers, liens, encumbrances, regulations or orders of municipal and/or other governmental authorities, if any, or other matters of record, to the extent, but only to the extent, they are validly existing and affect the Property. TO HAVE AND TO HOLD the Property, together with all singular the rights and appurtenances thereto and in anywise belonging, unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the Property unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same of any part thereof, by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor herein has executed this Special Warranty Deed, to be effective as of the 25th day of July, 2011. THE GALLOWAY SCHOOL By: [ v►. /` --. 73oi6!E ( 2AC€- (name) fo _ (title) THE STATE OF TEXAS § COUNTY OF HARRIS § ` This instrument was acknowledged before me on !—/3 — , 20� by �o•�.,� (ae.4c-;, HAP--of- 5-cc-to av (title) of THE GALLOWAY SCHOOL: t� � MAXINE L BURRISYv� `• ' MY COMMISSION EXPIRES Notary Public, State of Texas ' '` November 3,2014 80 40 0 80 LL i INN MIN NMININMININII �� _ Scale: 1"=80' ,, 10 F STRICTER RESERVE D"DR9INAGE/OPENSP4:E H.C.F.C. SO.FT.) EASEMENT TRACT "p- FILE No. 468 /DIR DIR ~ O.P.R.R.P3H.C. 2 / 280.55' r 579.57' N 38.20'45" E --___ 80.62' N 38'20 q5"E / 566.61. (CM) DIR` P.o.e. w 0 SET \ (CM) DIR ¢La i OIn \H.C.F.C.D, z o E FIEMENr iFtACT "Er Z<cc O P o. K384o"82 0wa o R.R.p.HO LEGEND co ti I o DIR = 3/4" IR W/CAP p rn "CARTER BURGESS" v 1-2 w SET = 5/8" IR W/CAP ®W n _ "SUN SURVEYING" cri re d O CY S ,r Z\w . -' L�r7 I--. 41 NOTES: (0 OGS SHOWN HEREON ARE M ZO U`_, N tr�tr�� 1 NORTHWESITGUNEOF RESTRICTED RESERVE REFERENCED"A"OUT OF THE LO U W ci q AUTUMN CREEK SECTION NINE. A SUBDIVISION PLAT I O RECORDED UNDER FILM CODE No. 497014 OF THE MAP a RECORDS OF HARRIS COUNTY,TEXAS POINTS LABELED(CM) Es. �`.. EX WERE HELD FOR HORIZONTAL POSITION. V V U 2. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF El INFORMATION CONTAINED IN A TITLE INSURANCE REPORT, THEREFORE THERE MAY BE EASEMENTS,BUILDING ONES AND 5 SET Oo OR RESTRICTIVE COVENANTS AFFECTING THE SUBJECT TRACT d p� WHICH ARE NOT SHOWN HEREON. SURVEYOR DID NOT PERFORM ABSTRACTING ON THE SUBJECT TRACT. Ile N I r 3. SUBJECT TRACT SHOWN HEREON IS PARTIALLY LOCATED IN s T ZONE'X'AND PARTIALLY LOCATED IN ZONE-AL-. plcc E ACCORDING TO THE NATIONAL FLOOD INSURANCE PROGRAM'S N11 z p�p FLOOD INSURANCE RATE MAP FOR HARRIS COUNTY,TF1CAR AND INCORPORATED AREAS MAP No. 48201C1070L,DATED N Or l 4. THIS SURVEYS REFERENCED TO A METES AND BOUNDS I r7 N. N DESCRIPTION PREPARED BY SUN SURVEYING LLC,DATED o m CO r SET JULY 11,2011. N N 5. S.S.E. INDICATES A SANITARY SEWER EASEMENT. a• 6. B.L.INDICATES A BUILDING UNE in M _ 7. SIDEWALK ALONG THE SOUTHEAST PORTION OF THE SUBJECT TRACT IS NOT SHOWN HEREON. 1 ��- Sarah „-_ McKissickS:4yey y o ^�549 u� 0 w John Dic/uon S- O -CI d oa-etA-IS v ' O SURVEYORS CERTIFICATE a0 N to IN MY PROFESSIONAL OPINION,THIS PLAT REPRESENTS THE FACTS FOUND ON THE GROUND DURING THE COURSE OF A M Cl) BOUNDARY SURVEY CONDUCTED UNDER MY SUPERVISION ON l JULY 8-9,2011 AND THAT THIS SURVEY SUBSTANTIALLY N 25, B.L. J� THE TEXAS BOARD PE CURRENT STANDARDS AS OF ADOPTED BY PROFESSIONAL LAND SURVEYING. 20. E. s 1 5 22'A 2'52" W t SET F T Sc. �0�.26' pa ea Boulevard R #KYLE C5924• SUNRAY /P C� J1 i=qF � U t :... 6 „pn W eSt$p W A File No. 560446 � '.-.lE CA'.S.4!SUNUPki.7 RESERVE (100' R .,. 4 RESTRICTED PEN SPACE ••". " 5924 +,•' LANDSCAPE/0 350F ) 0.4530 AC'(19, . \ t°r..s s`•�p DtiND SUFv=e 4' Legal: A BOUNDARY SURVEY OF A 1.2603 ACRE(54,897 SO.FT.)TRACT,PARTIALLY L SITUATED IN THE SARAH McKISSICK SURVEY,ABSTRACT 549, AND PARTIALLY SUN SURVEYING, LC SITUATED IN THE JOHN DICKSON SURVEY,ABSTRACT 15,HARRIS COUNTY,TEXAS. WWW.SUNSURVEYING.COM Client W.M. JONES CONSTRUCTION, INC. MAIN:409.925.1300 FA1C 409.925.1 332 Address 3200 WEST BAY AREA BLVD. Field Crew KR REVISION: 3814 TERRY STREET SANTA FE.TX 77517 Date JULY 11.2011 Survey Tech KS Jobe 1107-011 Drafting RK • Proposed Right-of-Way Dedication • Date:July 11,2011 Being a tract of land containing 1.2603 acre(54,897 square feet)of land,partially situated in the C Sarah McKissick Survey,Abstract No.549,Harris County,Texas,and partially situated in the John Dickson Survey,Abstract No. 15,Harris County,Texas,and being a portion of Restricted Reserve"A" out of Autumn Creek Section Nine,a subdivision plat recorded under Film Code No.497014 of the Map Records of Harris County,Texas. Said 1.2603-acre tract being more particularly described by metes and bounds as follows: Note:All bearings cited herein are referenced to the northwest line of said Restricted Reserve "A". BEGINNING at a found 3/4-inch iron rod with cap stamped"Carter Burgess"for the northernmost corner of Lot 9 of said Autumn Creek Section Nine,same being the westernmost corner of said Restricted Reserve"A",and being in the southeast line of Restricted Reserve"D"of said Autumn Creek Section Nine; THENCE North 38°20'45"East with the northwest line of said Restricted Reserve"A"and the southeast line of said Restricted Reserve"D",a distance of 80.62 feet to a set 5/8-inch iron rod with red plastic cap stamped"Sun Surveying RPLS 5924"for the northernmost corner of said tract herein described,from which a found 3/4-inch iron rod with cap stamped"Carter Burgess"bears North 38°20' 45"East,a distance of 566.61 feet; THENCE South 58°44'41"East crossing said Restricted Reserve"A",a distance of 308.80 feet to a set 5/8-inch iron rod with red plastic cap stamped"Sun Surveying RPLS 5924"; THENCE South 70°03' 17"East crossing said Restricted Reserve"A",a distance of 101.98 feet to a set 5/8-inch iron rod with red plastic cap stamped"Sun Surveying RPLS 5924"; THENCE South 58°44'41"East crossing said Restricted Reserve"A",a distance of 200.00 feet to a set 5/8-inch iron rod with red plastic cap stamped"Sun Surveying RPLS 5924"in the northwest right- of-way line of West Bay Area Boulevard(100 feet wide'-File No.S604467),same being the southeast line of said Restricted Reserve"A"; THENCE South 22°12' 52"West with the northwest right-of-way line of said West Bay Area Boulevard and the southeast line of said Restricted Reserve"A",a distance of 101.26 feet to a set 5/8-inch iron rod with red plastic cap stamped"Sun Surveying RPLS 5924"for the southernmost corner of said Restricted Reserve"A",same being the Easternmost corner of Restricted Reserve"B"of said Autumn Creek Section Nine; THENCE North 58°44'41"West with the southwest line of said Restricted Reserve"A",at a distance of 25.31 feet pass a concrete fence corner post located at the northernmost corner of said Restricted Reserve"B",same being the easternmost corner of Lot 10 of said Autumn Creek Section Nine, at a distance of 342.07 feet pass a concrete fence corner post located at the northernmost corner of said Lot 10,same being the easternmost corner of said Lot 9,from which a found 3/4-inch iron rod with cap stamped"Carter Burgess"bears North 73° 11'27"West,a distance of 2.77 feet,and continuing for a total distance of 634.66 feet to the POINT OF BEGINNING and containing 1.2603 acre(54,897 square feet) of land,more or less. Note:This metes and bounds description is referenced to a survey drawing prepared by Sun Surveying, LLC,Job#1107-011 and dated July 11,2011. Sun Surveying,LLC ^ Nltrf04011 3814 TerryStreet / ttovome KM � � IEO"A am Q� T THE STATE OF TEXAS lea�UrEAFeEMlt+1Mt Santa Fe,TX 77517 ,';. ;s r ;ti.'10 COUNT/OF HARRIS rs;, Phone:9.9.5.133200 (. F •. i V NOO Fpat�� coadhad Fax:409.925.1332 4aas oI fQilhpky -f.;..`l• FEB 2 0 2012 RECORDER'S MEMORANDUM: ti, lam( ; At the time of recordation, this instrument was 4 found to be inadequate for the best photographic `a y,411 COUNTY CLERK reproduction because of illegibility, carbon block u sr HAARISI COUNN TEXAS photo copy,discolored paper, additions end changes were present at the time the instrument was filed and recorded. 20120071426 02/20/2012 RP2 332.00 RESOLUTION NO. R2011-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY (9_(j OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED FOR CONSTRUCTION AND MAINTENANCE �r OF BLACKHAWK BLVD; ACCEPTING THE DEDICATION OF SAID LAND FROM THE GALLOWAY SCHOOL, PROPERTY OWNERS. * * * * *WHEREAS, the City Council of the City of Friendswood now finds and determines that 1.(31.0 public convenience and necessity requires the City of Friendswood to acquire property over and , across a tract of land containing 1.2603 acre tract of land, partially situated in the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, and partially situated in the John Dickinson Survey, Abstract No. 15, Harris County, Texas, and being a portion of Restricted Reserve "A" out of Autumn Creek Section 9, a subdivision plat recorded under Film Code No. 497014 of the Map of Records of Harris County, Texas, a more specific description of said 1.2603 acre tract of land is contained in Exhibit "A", Special Warranty Deed, and made a part key thereof, (herein after the"Land"); and 111 WHEREAS, the City of Friendswood, through its duly authorized representative, has negotiated with the owners of said tract of land for the dedication of such property for the herein stated purpose and has been able to agree with such owners as to the fair market value thereof; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The City Council of the City of Friendswood finds that bona fide negotiations have been conducted by the authorized representative of the City for the acquisition of • the property over the herein described tract of land, and that said negotiations were successful, and that the acquisition of the property for the negotiated price is approved. Section 3. The Mayor is authorized to execute any documentation necessary to accept, document, and record said Easement. PASSED,APPROVED,AND RESOLVED this 25th day of July,2011. David J. H. Smith Mayor ATTEST: so* RIEIy�S o Melinda Welsh, TRMC c% v City Secretary greof �� FILED FOR RECORD 8:00 AM FEB 20 2012 county tIefk, 1 ifI*On", Tomas R2011-18 2