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HomeMy WebLinkAboutSpecial Warranty Deed - Clearfield Realty Inc.; Southbrook Corporation - 0 FM 528 RD • Ro7ooi? 5b ` _ I _ 47 Texas Department of Transportation I g Form D-15-14 F.M. 528 - ) 1 Page 1 of 3 Rev. 9/91 Parcel 78 / SPECIAL WARRANTY 0981-01-051 DEED 39/23/94 0011140 R070G17 $ 22.00 THE STATE OF TEXAS COUNTY OF HARRIS } } KNOW ALL MEN BY THESE PRESENTS: That, Clearfield Realty, Inc. , a Texas Corporation, acting by and through its duly authorized officers of the County of Harris , State of Texas,hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Six Thousand Seven Hundred Eighty Five and No/l00 Dollars ($ 6,785.00 — — — — ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission,receipt of which is hereby acknowledged, and for which no lien is retained,either expressed or implied,have this day Sold and by these presents do Grant,Bargain,Sell and Convey unto the State of Texas all that certain tract or parcel of land in Harris County,Texas,more particularly described in Ex- hibit"A,"which is attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A,"to wit: NONE Grantors covenant and agree to remove the above-described improvements from said land by the day of N/A , 19 , subject,however, to such extensions of time as may be granted by the State in writing; and if,for any reason, Grantors fail or refuse to remove same within said period of time prescribed,then, without any further consideration,the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however,nothing ir,this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon,therein and thereunder. This conveyance is made subject to all matters recorded in the real property records of Harris County, Texas. I„ FILED FOR RECORD 8:00 AM c itiWi VbSW00D SEP 2 3 1994 Attn:City Secretary e Frdendswood;Texas 77546-3898 County Clerk, Harris County, Texas 'Texas Department of Transportation _ Forni D-15-14 5: ! 12-0980 Page 2 of 3 Rev. 9/91 .. t I J U TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves,our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully cl ' g or to claim the same or any part thereof, by, through or under Grantors but not otherwise. / IN WITNESS WHEREOF, this instrument is executed on this the 2nd day of September 19 94 . / _1 Clearfield Re ty, Inc., a Texas Corporation 6 By: 1.l4 ,Q,C Attest- / Title President B. Mic ael Calotta Secretary F. J. Bradley ***********************************************************************4:************ ,t/.w Yo it,IC ACKNOWLEDGMENT THE ' : TE OF ) COUNTY • - ) BEFORE ME, the undersi it:° a Notary Public, on this day personally appeared , known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(s)is(are)subscribed to the foregoing'i • 1 • ..1 and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thi day of , 19 Notary Public,State of Yoak My Commission expires on the day of , 19 ************************************************************************************ Pij�CORPORATE ACKNOWLEDGMENT THE STATE OF 4 ) COUNTY OF N QW p cV ) BEFORE ME, the undersigned, a Notary Public, on this day personally appeared B. Michael Calotta. President of Clearfield Realty, Inc. , a Texas Corporation , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Clearfield Realty , Inc. , a corporation, that he/she was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNI ER MY HAND AND SEAL OF OFFICE, 's 2nd day of pl.../ 7,./ September , 19 94 . le- h'o:. `��',4A ,,�� -,4 ,. Notary Public, State of er. A 1 \ Q -.:* °° rso� .t ' S m0.1t00\O. \a71.\a- �\ l }'sae,' -i My Commission expires on the 4 \ day of (11C1t'Ctl , 19 , .'/^\ ,,°e�� TAMATOUTA PANTAZI ''''' �` :°^Iy`,i1 Notary oublecc,,1State �o 774 York `,.i„, ' m 92"fied in t]ueer C,ntY r c., r� 5J ! - 12-098.L March, 1994 Parcel 78 Page 1 of 2 Pages EXHIBIT lq Page of Pages County: Harris -Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S.J. : 0981-01-076 Field Notes for Parcel 78 Being 0. 125 of one acre (5,428 square feet) of land, more or less, \ located in the August Whitlock Survey, Abstract No. 793 , Harris County, Texas, and being within the limits of the City of Friendswood, Harris County, Texas, and being out of a 119.8374 acre residue of a 137. 3944 acre tract of land conveyed to Clearfield Realty, Inca from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under File No. J171863 of the Official Public Records of Real Property of Harris County, Texas, said 0. 125 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the southeast corner of a 2.672 acre tract conveyed to` Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of said 137.3944 acre tract, thence as follows: North 03 °00'50" West, along the east line of said 2. 672 acre tract, and an interior line of said 137. 3944 acre tract, a distance of 346.25 feet to the northeast corner of said 2.672 acre tract on the existing south right-of- way line of F.M. 528 (100 feet wide) ; North 81°12 '48" East, along said existing south right-of- way line of F.M. 528, a distance of 9. 22 feet to a five- eighths inch iron rod with TxDOT aluminum cap found for the POINT OF BEGINNING of the herein described parcel having surface coordinates of X = 3 , 223 ,770. 67, Y = 634,527.28. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0. 999870) ; 5:: ! - 12-D982 March, 1994 • Parcel 78 Page 2 of 2 Pages EXHIBIT Page of Pages 1. ) THENCE, North 81°12 '48" East, along the existing south right- of-way line of F.M. 528 (100 feet wide) , a distance of 633 . 36 feet to a point for the northeast corner of the herein described parcel, being on the corporate boundary line between the City of Friendswood and the City of League City, Harris County, Texas, per apportionment agreement dated 25 September 1986. 2 . ) THENCE, South 08 °47 '13" East, along said line, a distance of 18 . 34 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed south right-of-way line of F.M. 528, being in the arc of a curve to the right; 3 . ) THENCE in a westerly direction, along said proposed south right-of-way line of F.M. 528, and along said curve to the right having a radius of 11,519. 16 feet, a central angle of 01°47 '29", a long chord which bears South 83°04 '55" West, 360. 13 feet, an arc distance of 360. 14 feet to a five-eighths inch iron rod with TxDOT aluminum cap set at the Point of Reverse Curve in said proposed south right-of-way line of F.M. 528; 4. ) THENCE in a westerly direction, continuing along the proposed south right-of-way line of F.M. 528, along a curve to the left having a radius of 5669.58 feet, a central angle of 02 °45 ' 51" a long chord which bears South 82°35 '43" West, 273.50 feet, an arc distance of 273. 53 feet to the POINT OF BEGINNING and containing 0. 125 of one acre (5, 428 square feet) of land, more or less. � OF e ze J y G � J Texas Department of Transportation �, Form D-15-14 5,i I -- I ?-0983 Page 3 of 3 Rev. 9/91 - After recording please return this instrument to: Deloris McKenzie, T.R.M.C. City Secretary City of Friendswood 109 Willowick Friendswood, TX 77546 to 0 x u ti 35 AC 'Cr g ,,, O•,� . .fl G .l Q ' t, en CO rt ed 0 '0 � 0 : cc A U p bo o Q 0 a 4) a u1 ci O X 3 W H t'" o ? 04 _Z H £v)Z CHI QA4-1 H � d AG `A U 1i Gu 'CU .0 U b C/� '� W O O H •d ri .b 41)) S 01 w•1 a tx Q es ed >' 5 c w er r o ' " s 18 zo c I � 0 H �o c " 4-1 14 U o - b s •°° o 8o 8 g ,-1 o A U xU Qc% v v �' �' A Q Q• fA CERTIFICATE OF RECORDING THE STATE OF TEXAS, ) COUNTY OF } • 5 ' --- f Z-GJ�84 RESOLUTION I, F. J. Bradley, certify that: I am the duly qualified and acting Secretary of Clearfield • Realty, Inc. , a duly organized and existing Texas corporation. The following is a true copy of a resolution duly adopted by the Board of Directors of Clearfield Realty, Inc. at a meeting that was legally held on September 1 , 1994 and entered in the minutes of the meeting which are contained in the minute book of the corporation. RESOLVED, that the B. Michael Calotta, President of this corporation is authorized and directed to sell the land owned by this corporation located on the south side of FM 528 situated within the city limits of the City of Friendswood, Harris County, Texas, and described in Exhibit "A" attached hereto and known as Parcel 78 , for the sum of $6 ,785. 00 cash to the State of Texas. RESOLVED FURTHER, that the President is authorized and directed to execute and accept all documents and instruments and to accept all payments necessary to consummate this transaction. The above resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is in full force and effect. GIVEN UNDER MY HAND AND SEAL OF SAID CORPORATION, on this the 2nd day of September, 1994 . Secretary F. J. Bradl :J�o i- .. LCO � . , .�;�^x. dr. '1+9� • 5U H12-U985 THE STATE OF NEW YORK COUNTY OF Neu \cw-L•,__ BEFORE ME, the undersigned, a Notary Public, on this day . personally appeared F. J. Bradley, Secretary of Clearfield Realty, Inc. , a Texas Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Clearfield Realty, Inc. , a corporation, that he executed the same as the act of such Corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2nd day of September, 1994 . r` R o't '°. -`0/1/4/ '' Q°°'•i, =•. �: Notary Pub ic, Sta f New York ��.� �, r i- 0 a'Ir..'' -;, _ 4-On 0,--te a Pczt.c\kckz.\ , - --„.- /^ . ...•• `.,,,.. ''e1,.,0 •?',fG•.,-:.' My Commission Expires on the 31 " '.4,:p.m,:,,,,, , day of Inaccn 19 ,� STAMATOUL4 PANTAZI Notary Public,State of New York No.41-01PA5024774 Qualified in Q slCo my Commission Expires cvo • JU ► --I 2-U986 March, 1994 Parcel 78 Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S.J. : 0981-01-076 Field Notes for Parcel 78 Being 0. 125 of one acre (5, 428 square feet) of land, more or less, located in the August Whitlock Survey, Abstract No. 793 , Harri � County, Texas, and being within the limits of the City of Friendswood, Harris County, Texas, and being out of a 119.8374 acre residue of a 137. 3944 acre tract of land conveyed to Clearfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under File No. J171863 of the Official Public Records of Real Property of Harris County, Texas, said 0. 125 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the southeast corner of a 2 .672 acre tract conveyed to Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of said 137.3944 acre tract, thence as follows: North 03 °00 '50" West, along the east line of said 2 . 672 acre tract, and an interior line of said 137. 3944 acre tract, a distance of 346.25 feet to the northeast corner of said 2.672 acre tract on the existing south right-of- way line of F.M. 528 (100 feet wide) ; North 81°12 '48" East, along said existing south right-of- way line of F.M. 528, a distance of 9.22 feet to a five- eighths inch iron rod with TxDOT aluminum cap found for the POINT OF BEGINNING of the herein described parcel having surface coordinates of X = 3 , 223 , 770. 67, Y = 634, 527. 28. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0. 999870) ; 5U I-- 12-G98l March, 1994 Parcel 78 Page 2 of 2 Pages EXHIBIT Page of Pages 1. ) THENCE, North 81°12 '48" East, along the existing south right- of-way line of F.M. 528 (100 feet wide) , a distance of 633 . 36 feet to a point for the northeast corner of the herein described parcel, being on the corporate boundary line between the City of Friendswood and the City of League City, Harris County, Texas, per apportionment agreement dated 25 September 1986. 2 . ) THENCE, South 08 °47 '13" East, along said line, a distance of 18. 34 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed south right-of-way line of F.M. 528, being in the arc of a curve to the right; 3 . ) THENCE in a westerly direction, along said proposed south right-of-way line of F.M. 528, and along said curve to the right having a radius of 11,519. 16 feet, a central angle of 01°47 '29", a long chord which bears South 83 °04 '55" West, 360. 13 feet, an arc distance of 360. 14 feet to a five-eighths inch iron rod with .TxDOT aluminum cap set at the Point of Reverse Curve in said proposed south right-of-way line of F.M. 528; 4 . ) THENCE in a westerly direction, continuing along the proposed south right-of-way line of F.M. 528, along a curve to the left having a radius of 5669.58 feet, a central angle of 02 °45 ' 51" a long chord which bears South 82 °35 '43" West, 273 .50 feet, an arc distance of 273.53 feet to the POINT OF BEGINNING and containing 0. 125 of one acre (5,428 square feet) of land, more or less. OF (1 H MTH 2R ) RECCFC ER S MEM6NA, ALL BLACKOUTS,AO1;TIONS AND CHANGES WERE PRESENT AT ThE TIME THE MISTRUMEjZ WAS FILED AND RECORDED. 5L I - 12-C986 ANY PROVISION NtRtIN WNICN E JIn CIS IIIE SALL.RENi!.l.OR USE OF IHE DESCRIBE[,RE Al PROPERTY BECAUSE Or COLOR OR RACE iS INVALID AND ONE NF ORCE ABt E ONOER i EZa RAI LAW THE STATE OF TEXAS 1 COUNTY OF HARRIS I hereby certify that this instrument was FILED In File Number Sequence on the date and at the time stamped hereon by me,and was duly RECORDED, in the Official Public Records of Real Property of Harris County,Texas on SEP 2 31994 co 1/"'''4 COUNTY CLERK ?o� * s�` HARRIS COUNTY,TEXAS 4C r1DS W0= , Mayor �.' , ; EVELYN NEWMAN �f.�� �.'.,;° City of Friendswood ,,F.iArk�t� ,4:��� Councilmembers �``"`} KI1TEN HAJECATE li ' .%''y '1,. 910 South Friendswood Drive JERKY ERICSSON N Friendswood, Texas 77546-4856 ANISON MTOM' 6 1al (713) 996-3270 ALINE DICKEY TEXAS Fax: (713) 482-1634 JAMS LOWE City Manager RONALD E.COX City Secretary DELORIS McKENZIE,T.R.M.C. October 7, 1996 Carol Letz Local Public Agency Coordinator Texas Department of Transportation P. 0. Box 1386 Houston, TX 77251-1386 Dear Carol: Enclosed is the original Special Warranty Deed for Parcel 78, being 0.125 of one acre (5,428 square feet) of land more or less, located in the August Whitlock Survey, Abstract No. 793, Harris County, Texas from Clearfield Realty, Inc. to the State of Texas. If we may be of further service, please let us know. Sincere , , • Deloris McKenzie, TRMC City Secretary ,4 1 P 477 230 273 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) r. Sent to Carol Letz u5 Street and No Tx DOT CO O P O.. State and ZIP Code a Houston TX 77251_1386 Postage S Certified Fee Special Delivery Fee . t a Restricted Delivery Fee Return Receipt showing to whom and Date Delivered 10 co R turn Receipt showing to whom. a) nd Address of Delivery TOTAL Postage and Fees a.9 a co, Postmark or Date y n• 1 MEMORANDUM CITY OF FRIENDSWOOD December 9, 1994 Office of the City Manager MC/94/159 To: Mayor Newman Subject: Whitcomb Property/FM 528 Construction Mr. Ken McCall, attorney for the Whitcombs, has called on at least two occasions regarding the agreement between the city and the Whitcombs about the FM 528 ROW purchase and compensation to the family for that purchase. Mr. McCall says that he negotiated with you on the matter, and the agreement, in addition to the price paid for the property, was as follows: 1. The city was to provide two taps for water from the city waterline to be relocated. 2. The city was to replace the fence and (this is my wording and interpretation of what he said) provide any changes necessary to accommodate the Whitcombs from the construction process without charge to them. I have Melvin attempting to find out if the taps were made and, if so, where they are located. I do not know what the agreement was on Item 2. We will be looking at the file and reading the correspondence related to that. REC cc Melvin Meinecke 1 SS ti OCT c? '94 11:02AM GOODNAY PRINTING P. 1 vv tiir1MB INTERESTS 808 Travis, Suite 1614 (C: M&Cr Niels Esperson Building CM , - Houston,Texas 77002-5702 DOUG KNEUPPER (713) 224-5503 MELVIN MEINECKE FAX SENT TO: - DATE /4).47fgy • FAX NUMBER: •fir 7A, "" QcP�/�O ti PLEASE DELIVER FOLLOWING PAGES TO : NAME: 71174 _ •.--C-'.4943.e...ireig:friear:C-- ADDRESS: COMPANY•4111W rarAl r _____ . Age ir FAX SENT FROM: • FAX NUMBER: ,r 7/3 ' c2� ��- o S y '.zuM: NAME.: fair-c C .--- 2t."----Z ADDRESS: tom` (& t c i" f, c IV SPECIAL INSTRUTIONS: • 4: -- IZ- IE, •Xe-Z4--- Of (417- di TOTAL PAGES TRANSMITTED (INCLUDING COVER PAGE) : WHITCOMB INTERESTS 808 Travis, Suite 1614 Niels Esperson Building Houston, Texas 77002-5702 (713) 224-5503 October 26, 1994 Evelyn B. Newman Mayor City of Friendswood 109 Willowick 41. ' Friendswood, Texas 77546-3898 cv' rCT 19911 Re: FM 528 Road Widening Project T 3801 FM 528, Onto Whitcomb Clear Creek Farms Property s .Tt,, . Dear Mayor Newman: - r' Although I realize that the road widening project is far from being completed, I felt that I should address a couple of concerns now, - just as a reminder, whereby they will not become a problem later on when the project is completed. In conversations and correspondence between Gail and you, as well as Ken McCall , of my office, certain understandings and agreements were reached. They are summarized in your letter of November 12, 1992, wherein you stated as follows: "The city proposes to move the fence, electric gate and provide two water taps to your specifications. Also the agreement will include language that the present exit from FM 528 to the subject property shall be respected and made functional in all detail and in addition, the grantor herein, his heirs and assigns are guaranteed the privilege of an additional private exit from FM 528 to the subject property. " Although the two water taps may already be in place, we cannot locate them. The fence has been moved back, but the gate entrance is not functional in conformity with our understanding. The electric operated gate has yet to be moved back as it previously was located in order to allow an approach apron to accommodate a long-bed heavy duty cattle truck pulling a 24' goose-neck cattle trailer. Right now there is barely enough room for one car to turn off of FM 528 onto the entrance apron. Also, for the entrance to be safe in addition to being functional , it must be squared off such that entry from either direction (east or west) , will be safe, not only for us as we exit from FM 528, but for other vehicles behind or coming toward us as well . Due to the proximity of our entry to the curve of FM 528 going toward Friendswood and the widening of the road and the resulting restrictive right-a-way easement , as it is now situated an approach from the Friendswood direction will require a vehicle r to either go past the entry and make some sort of u-t.urn and come back to the entrance, or a turn off of FM 528 coming from Friendswood will require a vehicle to actually turn back to enter the electric gate apron and will create all kinds of traffic congestion and thus will be unsafe, particularly if the turning vehicle is a truck pulling a trailer loaded with cattle. As I stated earlier, perhaps this will all be in place as the project goes forward through the completion stages, but I know Gail would have shared my safety concern and would have wanted to call these concerns to your attention now to make sure that the project would not be completed without curing these potential problems. As to the additional private exits from FM 528 to the subject property, we have not yet finished a complete master plan of the property, to know just where to locate these entries, due to so many other priorities as a result of loosing Gail . We will advise you as soon as these locations are identified. Although, we have had a recent telephone conversation with Mr. Ronald Templeton, with the Texas Department of Transport- ation, we did not receive any commitment concerning the problems and felt that we should further notify your office at this time. Therefore, I suggest a meeting at the location with the proper engineers or construction personnel to review our concerns and to make sure that we all agree on the solutions. If such a meeting would be possible for early afternoon on Monday, October 31 , 1994, I would be grateful as we will be at the property dealing with flood related problems. I appreciate your assistance and confirmation of a meeting on the 31st of October, if that is possible, or notification of some other time when a meeting can be arranged. Very truly, yours �2 G/( Mrs. Gail. (Geraldine) Whitcomb cc: Mr. John Pinkston Project Engineer Texas Department Of Transportation 5407 Gulf Freeway La Marque, Texas 77568 cc : Mr. Ronald T. Templeton Supervising Design Engineer Texas Department Of Transportation P. O. Box 1386 Houston, Texas 77251-1386 y r Mayor � rn EVELYN NEWMAN ;y'.�'i►\°�<�'k>. Councitmembers ; ';` ```•= KITTEN HAJECATE ; `'f> . ''aff 1LLy of9r,iEncLwoocIMEL P. MEASELES :; TOM MANISON ,��� ` ;'�'`�` = 109 WILLOWICK 713/482-3323 ED STUART i1/44r; Fi HAROLD RALEY t. . ' —': _ iiFRIENDSWOOD, TEXAS 77546-3898 A. FRANK FRANKOVICH City Manager 1Bl RONALD E. COX Ar City Secretary r �� - DELORIS ARCHER, CMC nctnber 2 . 1992 Mr. Gail Whitcomb 1614 Neils Epperson Bldg. Houston, Texas 77002. Dear Mr. Whitcomb: - The City of Friendzzwcod is proceeding with the purchaF of right of way necessary for the expansion of FM 528 from. Clear Creek to IH 45. We must purchase approximately 1.9449 acres on Parcel 51 and .03464 acres on Parcel 52 of frontage along FM 528. The City of Friendswood is offering $1.25 per square foot for the purchase of the needed property; a total amount for Parcel 51 - $105,899.81 and Parcel 52 - $18,861.48. An appraisal will be required due tc use of Federal funds for this project. If the appraisal is greater thin the amount offered, you may choose to donate the additirnal amount. We look forward to your favorable acceptance of this offer. Once we receive your approval, we will work toward filing the proper papers. Sincerely, o /6,24W4 Evelyn B. Newman Mayor EN/lt cc: Ron Cox Jimmy Thompson J w mil . - PAUL W.SCHRADER Mayor Counctimembers y1•60,t;r;-::4\1,'� C.tO g�I.E Llw 000.(. RON RfTTER L� ROBERT WICKIANOER # 4.fl. E•,: .; �J EVELYN NEWMAN + i EO STUART y iFiliA`� irr. 109 WILLOWICK T13/482.3323 HAROLT RAT y '� FRIENDSWOOD,TEXAS 77546-3898 A FRANK D RAI.EVICH kM--ssa . N City Manager a 1. .X al DELORIS ARCHER CMC '$y •=c:<i City Secretary FAX TRANSMISSION FAX PHONE NUMBER 482-9318 - DATE: .„ (i! g / / 2 PAGE: / OF / • TO: /-174. jr -,7 � L-itie - 22 -03-Z„..)--- FROM: c IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CONTACT MY OFFICE AT 713-482-3323,,C g y • **************************************************************** **************************************************************** INTERDEPARTMENT MEMORANDUM DATE: September 7, 1994 TO: Ron Cox City Manager FROM: Deloris McKenzie, T.R.M.C. City Secretary **************************************************************************** For your information, Mayor Newman advised yesterday that she has spoken to Doug McGee with C.D.C. , regarding the deed for Parcel 78 R.O.W. for F.M. 528. Mr. McGee is scheduled to bring in the deed and pick up. the check. Finance delivered the cheek to the City Secretary's office yesterday, 9/6/94. OG97942/KSS03 � ! . | / ������...............����������������������������� -------------------- _---� I • c cc: E.N. Inc R.C 593/28-A 4 " SEP 1994 1 September 6 , 1994 RECEIVED L" CITY OF FR IENDSWOOD rn T-p CITY SECRETARY .� Mayor Evelyn Newman 's, �� City of Friendswood �p��'ZZ?�2�2 109 Willowick Friendswood, Texas 77546 Ref : Right Of Way Deed FM-528 Dear Mayor Newman : Please find enclosed, three (3) copies of a Special Warranty Deed for the sale of Right Of Way to the City of Friendswood for the widening of FM-528 . Also enclosed, find three (3) copies of a corporate resolution requested by TxDOT in connection with this sale. Upon recordation of both these documents , please forward a recorded copy of each to the undersigned at the below address . Douglas E . Magee Operations Manager CDC-Houston 1560 W. Bay Area Blvd . Suite 190 Friendswood , Texas 77546 Upon exchange for this signed Deed, the undersigned has received a check in the amount of $6 , 785 . 00 in full payment for said Right Of Way . S cerely : _ i _ ,<)71 Doug s E . Ma•$ Operations Ma er DEM cc : Stephen B . Pohl CDC-Houston, Files Mayor A ;, egp EVELYN NEWMAN ` 1\-�]�r „ Councilmembers - •`�_<' ' -:. o city� 9LE1lcLuJoocIKITTEN HAJECATE MEL P. MEASELES • ;�+ TOM MANISON S � �• .` •;:. � 109 WILLOWICK 713/482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 ALINE DICKEYJANIS LOWE City Manager 1BX ,yyNl' RONA D E. COX : �� y3' City Secretary S° DELORIS McKENZIE, T.R.M.C. ;ptember 21, 1994 CERT/RRR #Z771-151-873 Beverly Kaufman County Clerk of Harris Harris County Courthouse D.O. Box 1525 Houston, Texas 77251-1525 Dear Ms. Kaufman, Please find attached for recording the following document from the City of Friendswaod and our fee payment: SPECIAL WARRANTY DEED: Right-of-Way Easement-, CDC Property F.M. 528 - Parcel 78, 0.125 acres Harris County, Texas Enclosed please find payment of check #45753 in the amount of $22.00. *RETURN RECEIPT REQUIRED. )o not hesitate to call if you have. qu.estions regarding the recording of the above items-. Sincerely, Linda Thornton Assistant City Secretary Attachments: - 9 - ?st.94/Hev.doc 2nd Ltr. t N SENDER: BE�€1) /T 'y • Complete items 1 and/or 2 for additional services. I also wish to receive the y • Complete items 3, and 4a&b. following services (for an extra 61 • l rint your name and address on the reverse of this form so that we can a) `,turn this card to you. cD fee): p, 'aAttach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address c., not permit. N r • 1Nrite"Return Receipt Requested"on the mailpiece below the article number. " • The Return Receipt will show to whom the article was delivered and the date 2 ❑ Restricted Delivery a Cdelivered. N Consult postmaster for fee. 0 3. Article Addressed to: 4a. Article Number OC a1 o BEVERLY KAUFMAN Z 771-151-873 0 a 5 o COUNTY CLERK OF HARRIS 4b. Service Type tx V HARRIS COUNTY COURTHOUSE Registered ❑ Insured wP.O. Box 1525 kl Certified ❑ COD c ❑ Express Mail III Return Receipt for co cc Houston, TX 77251-1525 Merghandise o o C1 7. Date of Delivettn 8 3 . ,� Q attn: Virginia Durand 5 f tr 5. Signature (Addressee) 0 8. Addressee's Address (Only if requested Y and fee is paid) c cc 6. Signature (Agent) I- E 0 > PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT O�i 9+-'F * BEVERLY KAUFMAN COUNTY CLERK '' 94 OFtf~ September 19, 1994 City of Friendswood ATTN: Linda Thornton 109 Willowick or- Friendswood, Texas 77546-3898 RE: Warranty Deed Dear Ms. Thornton: We are returning, unfiled, the above described instrument(s) which you sent to this office for recording. Also, enclosed is check #45753 in the amount of $22.00. Return the instrument(s) with your filing fee of $18.00 and we will file same for you, as we must have the correct filing fee at the time the instrument(s) are presented for filing. Sincerely, Beverly B. Kaufman County Clerk, Harris County, Te as eft? Vir inia Dura , 130epartment Head 4Vid Real Property Records (755-6439) BBK/tm Enclosure(s) September 21, 1994 Dear Ms. Durand, Enclosed please find same document with 2 pages added, which should make the total due $22. 00 . We appreciate your time and phone call regarding this matter. Thank you, Linda Thornton Asst. to the City Secretary City of Friendswood 1001 PRESTON, 4TH FLOOR • P.O. BOX 1525 • HOUSTON, TX 77251-1525 • 713 / 755-6411 Mayor ,r +Ti;� EVELYN NEWMAN • --.1::;�•,,; •`tr , f/ CouncilmedLt o9riEJzcLtuJoocI C, KITTEN R embersE + ;,; . - ,�':. ,,MEL P. MEASELES •++ '.:`r::. ..TOM MANISON i �•: `` ` '� ' 4.; 109 WILLOWICK 713/482-3323 "' ED STUART ALINE DICKEY FRIENDSWOOD, TEXAS 77546 3898 JANIS LOWE ____ 4 City Manager l�l RONALD E. COX Ah City Secretary DELORIS McKENZIE, T.R.M.C. 7;e7pter6 r 15; 1994 CERT./RRR #Z771-151-872 Beverly Kaufman County Clerk of Harris Harris County Courthouse P.O. Box 1525 Houston, Texas 77251-1525 Dear Ms. Kaufman, Please find attached for recording the following document from. the City of Friendswood and our fee payment: CPECIAL WARRANTY DEED: Right-of- Way Easement, CDC Property F .M 528 - Parcel 78 , 0 .125 acres Barris County, Texas Enclosed please find payment of check §45753 in the amount of $2 2.0 0. *RETURN RECEIPT REQUIRED. Do not hesitate to call if you have questions regarding the recording of the above items. Sincerely, 244 Linda Thornton C „ n G��� � Assistant City Secretary c' 1�' Attachments: 7 - a -, ✓� i 9 /In �� .>'�� �'^ / ls t..94/Bev.doc G% 'ZiP . Z 771 151 872 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail POSTAL SERVICE (See Reverse) sent to Beverly Kautman County Clerk of Harris Ha' vrleandCounty Courthouse P.O. Box 1525 HP O.,usto State and n ZIP Code 77251 o , l Postage $ .2_ Certified Certified Fee 1. 00 Special Delivery Fee Restricted Delivery Fee th Obi Return Receipt Showing to Whom&Date Delivered L E Return Receipt Showing to Whom, 1. 00 clDate,and Addressee's Address OTOTAL Postage $ + 2 &Fees 0 Postmark or Date 0 9/15/94 LL rl) a r.. 7 P__ °' SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the of • Cr,mplete items 3,and 4a&b. following services (for an extra Si• Print your name and address on the reverse of this form so that we can V fee): > return this card to you. •> ' y d...Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address tU not permit. N tv • fvrite"Return Receipt Requested"on the mailpiece below the article number. 2. • The Return Receipt will show to whom the article was delivered and the date Restricted Delivery o delivered. Consult postmaster for fee. ac.)i 3. Article Addressed to: 4a. Article Number d BEVERLY i<AUFMAN Z 771-151-872 °• COUNTY CLERK OF HARRS 4b. Service Type 8 HARRIS COUNTY COURTHOUSE ❑ Registered ❑ Insured 2 P.O. Box 1525 Xl Certified ❑ COD a) t Houston, TX 77251 El Express Mail ❑ Return Receipt for Merchandise Q 7. Date of DD�li�tet 191994 0 11-� ix 5. Signature (Addressee) 8. Addressee's Address (Only if requested and fee is paid) C cc 6. Signature (Agent) H > PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT ,._. .,. -"., Poe[-le'^brand Tax transmittal memo 7e71 (sr ;if? r } 41A.Po 4_ L ndeY -ram' c . E_N_ S a 8/2 6-A SEP 1094 S eptcomber E , 1994 REGE!VEp ' i CITY OF FRIENDSWOOU Mayor Eva 1 y.. N.awman GSY SEVrtfiTAitY CitY of Friendswood -S.? , -IpL,' 109 Wi l 1ow1ck Frio r>ds wood , T..xe.e. 77546 Rot' : Hight Of Way Coori FM-5 2 8 Door Mayor Newman s Plasma find anclosad, three (a) copies of a Spacial War-r anty Caad for the Bald of Right Of Way to tha City of Friandawood Por- the widening of FM-528_ Alao anclosad, Find thraa (3) copies of a corporata raaolution rag.seatad by TXOOT in connection with this mania. Upon racordat ion of both tF.aaa documents, p 1 aaa.-. forward a r000rdad Dopy of aaoh to tha un J..r-a i gnad at the. address . Moult 1 as E_ Magaa Oparat i one Manager COO--Hou a top 1560 W. Bay Araa Blvd. Suite 190 Friandawootl, Taxes 77546 upon awoharlga for this 'signed Oar.d , the undar•s i onan has race i ved a chock in the amount oT I(,6 , 785 . 00 in full paymar.t for said R1s7Y.t of WaY . sinerely lc L1)ou9 15 E E . Ma ()paratiOr) Ma «>r' I) M cc Staphar. B . Poh 1 CCC-Houaton, Fi1aa TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED ( REDUCED SAMPLE ABOVE - SEE DETAILS BELOW ) ** COUNT ** TOTAL PAGES SCANNED • 10 TOTAL PAGES CONFIRMED � 10 *** SEND *** No. . REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 713 867 5726 9- 9-94 9:51A\I 4'34" 10/ 10 COMPLETED 9600 TOTAL 0:04'34" 10 NOTE: No. : OPERATION NUMBER 48 : 4800BPS SELECTED EC : ERROR CORRECT G2 : G2 COMMUNICATION PD : POLLED BY REMOTE SF : STORE & FORWARD RI : RELAY INITIATE RS : RELAY STATION MB : SEND TO MAILBOX PG : POLLING A REMOTE MP : MULTI-POLLING RM : RECEIVE TO MEMORY = - �.. INTERDEPARTMENT MEMORANDUM DATE: August 31, 1994 TO: Mayor Evelyn Newman Ron Cox Doug Kneupper FROM: Deloris McKenzie, T.R.M.C. City Secretary SUBJECT: Parcel 78 - C.D.C. Properties **************************************************************************** F.Y.I. According to Carol Letz, TxDOT Right-of-Way, our contract with C.D.0 for Parcel 78 is being overnighted and we should be able to close Thursday or Friday. She has spoken to Paul Nutting of League City today and he is cutting their check today. League City's cost for Condemnation is $45,000 which is different than the amount we were verbally given by League City on August 19th. CC: Roger Roecker PARCEL78/KSS03 August 19, 1994 As per Norma Rodriguez. . . League City's cost for condemnation was $1 c,267 05i31 94 11:34 $713 867 5726 HOUSTON DEPT ROW 001 (--D VFW SHEET Texas Department of Transportation P.O. BOX 1386+HOUSTON, TEXAS 77251-1386+(713) 869-4571 NO. : OF PAGES TO: `JX L cfle ;.s '71C I( .J Z , F FROM: C 4 2-3 C_ rZ 7- CO : C aX- t" t.. c (G,.,x).S„JDO`S CO. : DEPT. : C 11- .S -A-1-4 CZ_ DEPT.: '7L FAX NO.: - I L `f FAX NO.: f PHONE NO. : PHONE NO.: a.. - ee, Ci COMMENTS: I S I j 7- _ C.art{ !�2 , 1 1�S a e—c, Ti c (nto L iP7T'991 - KE,,1, o co sb� _ y \• CC: E.N. R.C. 05/31/94 11:35 '$713 867 5726 HOUSTON DEPT ROW V]5HEITt LOVER Air Texas Department of Transportation P.O. BOX 1386•HOUSTON,TEXAS 77251-1386•(713) 869-4571 NO_ : OF PAGES TO: r.1) D(.4 6 /YJA6 6 FROM- (a- ' CO. : C . C_ . CO.. : "T) r'� ca I DEPT. : _ DEPT.: `i L .G r4- -1' 4 I ,ri (4.7, FAX NO. : f g FAX NO. : Q o -7 0 O PHONE NO.: `+ ' $— ( I J PHONE NO.: COMMM'S: 4. D t -S C « ` 5 a t_ 1 c 'rj c1 E. a 2 /r7 O 2 e O re—?P 1Z 111- e7(-A re . �� 1 C a ) L t �U-;I4' t A s 05/31/94 11:35 ' '713 867 5726 HOUSTON DEPT R0W Z1003 RESOLUTION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF § I � , certify that: z am the duly qualified and acting Secretary of Clearfield Realty, Inc. , a duly organized and existing Texas corporation. The following is a true copy of a resolution duly adopted by the Board of Directors of Clearfield Realty, Inc. at a meeting that was legally held on , 19 and entered in the minutes of the meeting which are contained in the minute book of the corporation. RESOLVED, that the of this corporation is/are authorized and directed to sell the land owned by this corporation located on the south side of FM 528 situated within the city limits of the City of Friendswood, Harris County, Texas, and described in Exhibit "A" attached hereto and known as Parcel 78, for the sum of $6,785. 00 cash to the State of Texas. RESOLVED FURTHER, that the is/are authorized and directed to execute and accept all documents and instruments and to accept all payments necessary to consummate this transaction. The above resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is in full force and effect. GIVEN UNDER MY HAND AND SEAL OF SAID CORPORATION, on this the day of 19 Secretary 05/31/94 11:36 Tt713 867 5726 HOUSTON DEPT ROW 42]004 THE STATE OF TEXAS § COUNTY OF § 5 BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Clearfield Realty, Inc. , a Texas Corporation, known to me to be thof e person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Clearfield Realty, Inc. , a corporation, that he/she executed the same as the act of such Corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 19 Notary Public, State of Texas My Commission Expires on the day of , 19 05/31/94 11:37 T2713 867 5726 HOUSTON DEPT ROW a005 March, 1994 Parcel 78 Page 1 of 2 Pages EXHIBIT fq Page of Pages County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to 1H-45 C.S.J. : 0981-01-076 Field Notes for Parcel 78 Being 0.125 of one acre (5, 428 square feet) of land, more or less, located in the August Whitlock Survey, Abstract No. 793 , Harris County, Texas, and being within the limits of the City of Friendswood, Harris County, Texas, and being out of a 119.8374 acre residue of a 137.3944 acre tract of land conveyed to Clearfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under File No. J171863 of the Official Public Records of Real Property of Harris County, Texas, said 0. 125 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the southeast corner of a 2.672 acre tract conveyed to Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14, 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of said 137.3944 acre tract, thence as follows: North 03°00 '50" West, along the east line of said 2 .672 acre tract, and an interior line of said 137.3944 acre tract, a distance of 346.25 feet to the northeast corner of said 2. 672 acre tract on the existing south right-of- way line of F.M. 528 (100 feet wide) ; North 81°12 '48" East, along said existing south right-of- way line of F.M. 528, a distance of 9.22 feet to a five- eighths inch iron rod with TxDOT aluminum cap found for the POINT OF BEGINNING of the herein described parcel having surface coordinates of X = 3,223 ,770. 67 , Y 634 ,527.28. (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0.999870) ; 05/31/94 11:37 ' '713 867 5726 HOUSTON DEPT ROW lj006 . March, 1994 Parcel 78 Page 2 of 2 Pages EXHIBIT A Page of Pages 1. ) THENCE, North 81° 12 '48" East, along the existing south right- of-way line of F.M. 528 (100 feet wide) , a distance of 633 .36 feet to a point for the northeast corner of the herein described parcel, being on the corporate boundary line between the City of Friendswood and the City of League City, Harris County, Texas, per apportionment agreement dated 25 September 1986. 2 . ) THENCE, South 08°47 '13" East, along said line, a distance of 18.34 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed south right-of-way line of F.M. 528, being in the arc of a curve to the right; 3. ) THENCE in a westerly direction, along said proposed south right-of-way line of F.M. 528, and along said curve to the right having a radius of 11,519. 16 feet, a central angle of 01°47 '29", a long chord which bears South 83 °04 '55" West, 360. 13 feet, an arc distance of 360.14 feet to a five-eighths inch iron rod with TxDOT aluminum cap set at the Point of Reverse Curve in said proposed south right-of-way line of F.M. 528; 4. ) THENCE in a westerly direction, continuing along the proposed south right-of-way line of F.M. 528, along a curve to the left having a radius of 5669.58 feet, a central angle of 02°45'51" a long chord which bears South 82°35'43" West, 273.50 feet, an arc distance of 273.53 feet to the POINT OF BEGINNING and containing 0. 125 of one acre (5,428 square feet) of land, more or less. of WILLIAM SMITH JR .-_., S1 Mayo. - EVELYN NEw1.AA1.4 - r-c:`%Pr �`>:1� �/ KJT TENM/LJEG TE [l-.G[.+a./ �� �Rr�-.1 L �GGTGJ LJ MFL P_ AANi _ES ✓ TOM MAN4=1T 501.4 uO uTUART 108 WJLI.OtfYICK i13l4E iT-3723 NAFyULD RALEV 4 . FRJ EN DSWOOD. TEXAS 775.46-3898 .JAMS tONM• City M..:ioQol RCN-2A1.0 E.OOX 1�s city 6ocrolary : _:i y UEL-Of718 MCKENZJ8. FAX TRI.NSZLLSS LON FAX ZHiUMB 1u1.11in F3i ( 113) 482-1634 or 482-'3722 owrEf 'zs�s4 1I.CE: 1_ OE- 8 ._- -roc Carol Leiz - ----" FAX 802-5700 FAOti_ Ueloris McKenzie. T_R.M.C. pity Secret8y -- - - Lt YOU DO ZiO1 1&ECELVF_ AiL. OE T 1IF P .GL'.S. Yf.FJ.SL: C:+Dlrr.ACr tiv OFFICE AT 713-4Li2-337_3 tx. 29. atla"Lta- YlRa.CM/. - - - tlI:1-1 2 2222 r rM -"2 RA Dear Carol : Please see the following • TRANSMISSION REPORT p THIS DOCUMENT WAS CONFIRMED ( REDUCED SAMPLE ABOVE — SEE DETAILS BELOW ) ** COUNT ** TOTAL PAGES SCANNED = 8 TOTAL PAGES CONFIRMED � 8 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 713 867 5726 4-28-94 2:58PM 3'22" 8/ 8 COMPLETED 9600 TOTAL 0:03'22" 8 NOTE: No. : OPERATION NUMBER 48 : 4800BPS SELECTED EC : ERROR CORRECT G2 : G2 COMMUNICATION PD : POLLED BY REMOTE SF : STORE & FORWARD RI : RELAY INITIATE RS : RELAY STATION MB : SEND TO MAILBOX PG : POLLING A REMOTE MP : MULTI-POLLING RM : RECEIVE TO MEMORY Mayor s�,;),.. EVELYN NEWMAN S411 •I,`L', Councilmembers ?- , , `Z;: ��.:; .•�`• .- , � � Vt KITTEN HAJECATE /P.:. `"' - `• ' �L� O �'Z.GEYL �,UTOO MEL P. MEASELES ' . �' �J TOM MANISON :.� '�:` ..:1 H ED STUART `g 109 WILLOWICK 713/482.3323 HAROLD RALEY ii � FRIENDSWOOD, TEXAS 77546.3898 JAMS LOWE City Manager RONALD E. COX 1City Secretary DELORIS McKENZIE, T.R.M.C. April 27, 1994 Mr. Doug McGee Coventry Development Corp. Inc. 1560 West Bay Area Boulevard Friendswood, Tx 77546 Dear Mr. McGee: As we previously discussed, I have enclosed documents relative to the purchase of Parcel 78 for the purpose of Right-Of-Way for F.M. 528. Attached you will find the offer letter, the Deed with metes and bounds, and a map of Parcel 78. A copy of a Corporate Resolution of the Board of Directors of Clearfield Realty, Inc. , authorizing the transaction, and naming the officers authorized to execute the Deed, must be attached to the executed Deed. Following execution of the Deed, please return the Deed and Corporate Resolution to my attention at 109 Willowick, Friendswood, Texas, 77546. Should you have any questions, please contact me. Sincerely, eloris McKenzie, T.R. .C. City Secretary CC: RON COX Attachments ROGER ROECKER 0G94427/KSSO3 Mayor � Z EVELYN NEWMAN Councilmembers �'.�z.' •• KITTEN HAJECATE . £?tty of 9' iEncLw-ood MEL P. MEASELES :`! ; ':` ` = H TOM MANISON ,`.`,� �+ M 109 WILLOWICK 713/482-3323 ED STUART ` ► FRIENDSWOOD, TEXAS 77546-3898 HAROLD JANIS LOWEY ii - City Manager 18l I RONALD E. COX . i1. s=F 0!.?-- City Secretary DELORIS McKENZIE, T.R.M.C. April 26, 1994 Mr. Douglas E. McGee C.D.C. Houston, Inc. , 1560 West Bay Area Blvd. , Ste. 190 Friendswood, TX 77546 RE: F.M. 528 WIDENING PARCEL 78 (FORMERLY 62) Dear Mr. McGee: As we have been discussing, the City is proceeding with the acquisition of the right-of-way for the F.M. 528 Widening Project. The City must purchase 0.125 of one acre out of a 1.194 acre tract which lies partially in Friendswood and partially in League City. The 0.125 is now known as Parcel 78 according to the Texas Department of Transportation. Attached is a copy of the appraised value of the 1.194 acre tract, of which the 0.125 is included. On behalf of the City of Friendswood, we are offering $1.25 per square foot for the purchase of 5,428 square feet for the purchase price of $6,785.00. We look forward to your favorable acceptance of this offer. Sincerely, de...e..-4Zg0-7X--&-ot./ Evelyntewman Mayor CC: Ron Cox, City Manager Deloris McKenzie, City Secretary Roger Roecker, Director of Administrative Services 0G94426/KSSO3 PARCEL 78 F.M. 528 DEED THE STATE OF TEXAS COUNTY OF Harris j KNOWN ALL MEN BY Th ESE PRESENTS: That, Clearfield Realty, Inc. c/o Coventry Development Corporation 1041 3rd Avenue, New York, N.Y. 10021 of the County of Harris , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Six thousand seven hundred eighty five dollars Dollars ($ 6,785.00 )to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission,receipt of which is hereby acknowledged, and for which no lien is retained,either expressed or implied, have this day Sold and by these presents do Grant,Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in Harris County,Texas, more particularly described in Ex- hibit"A,"which is attached hereto and incorporated herein for any and all purposes. PARCEL 78 SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit"A,"to wit: N/A Grantors covenant and agree to remove the above-described improvements from said land by the N/A day of N/A , 19 N/A , subject, however, to such extensions of time as may be granted by the State in writing; and if,for any reason, Grantors fail or refuse to remove same within said period of time prescribed,then,without any further consideration,the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil,gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing,mining or drilling for same;however,nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever; and Grantors do hereby bind ourselves, our heirs,executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of , 19 Coventry Development Corporation 1041 3rd Avenue New York., N.Y. 10021 ************************************************************************************ ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF - BEFORE ME, the undersigned, a Notary Public, on this day personally appeared known to me (or proved to me on the oath of , a credible witness,) to be the persoa(s) whose name(s)is(are)subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public,State of Texas My Commission expires on the day of 19 *,k*************** ************* *********************************k****************** CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared known to of me to be the person and officer whose name is subscribed to the foregoing instrument and aclaiowrlpedo ed tom t th t hsamees e was the act of the said duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN 'UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public, State of Texas My Commission expires on the day of o• x Parcel No. 78 -1 0 ,3 County Harri s 'rim Highway No. F.M F.M. 528 al � . O Control Sec. Job =Pri Account or Federal No. zt -s From: Coventry Development Corp.- Houston 717 To: Texas Department so of Transportation -r, I-, C, r, 0 ,-1 ca o -• -, CD co -• VD c-r c r --. rD ‘< (< o = E -1 'i ri7 DE�1 T�T1 ( N ED o o T , 7d a f rD n in 0-3 y �- = -5 = a. - a< J CA n Coventry Development Corporation-Houston X 0 CD .J 0 .. ,-3t21 Grantors 011, 0. -i TO O CS) *' THE STATE OF TEXAS 46 n AUSTIN,TEXAS O Pz Filed for Record v This day of c A.D. 19 , at o'clock M. Recorded This day of , A.D. 19 , in County, Texas,Records of Deeds, Book Page Other County Cic± By Deputy Exhibit "A" Clearfield Realty C.D.C.-Houston March, 1994 Parcel 78 Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S.J. : 0981-01-076 Field Notes for Parcel 78 Being 0 . 125 of one acre (5, 428 square feet) of land, more or less, located in the August Whitlock Survey, Abstract No. 793 , Harris County, Texas, and being within the limits of the City of Friendswood, Harris County, Texas, and being out of a 119 . 8374 acre residue of a 137 . 3944 acre tract of land conveyed to Clearfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under File No. J171863 of the Official Public Records of Real Property of Harris County, Texas, said 0. 125 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the southeast corner of a 2 . 672 acre tract conveyed to Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14 , 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of said 137 . 3944 acre tract, thence as follows: North 03 °00 ' 50" West, along the east line of said 2 . 672 acre tract, and an interior line of said 137 . 3944 acre tract, a distance of 346. 25 feet to the northeast corner of said 2 . 672 acre tract on the existing south right-of- way line of F.M. 528 (100 feet wide) ; North 81° 12 ' 48" East, along said existing south right-of- way line of F.M. 528, a distance of 9 . 22 feet to a five- eighths inch iron rod with TxDOT aluminum cap found for the POINT OF BEGINNING of the herein described parcel having surface coordinates of X = 3 , 223 , 770. 67 , Y = 634 , 527 . 28 . (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0 . 999870) ; Exhibit "A" Clearfield Realty C.D.C.-Houston March, 1994 Parcel 78 Page 2 of 2 Pages EXHIBIT Page of Pages 1. ) THENCE, North 81° 12 ' 48" East, along the existing south right- of-way line of F.M. 528 (100 feet wide) , a distance of 633 . 36 feet to a point for the northeast corner of the herein described parcel, being on the corporate boundary line between the City of Friendswood and the City of League City, Harris County, Texas, per apportionment agreement dated 25 September 1986. 2 . ) THENCE, South 08 °47 ' 13" East, along said line, a distance of 18 . 34 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed south right-of-way line of F.M. 528, being in the arc of a curve to the right; 3 . ) THENCE in a westerly direction, along said proposed south right-of-way line of F.M. 528, and along said curve to the right having a radius of 11, 519 . 16 feet, a central angle of 01°47 ' 29" , a long chord which bears South 83 ° 04 ' 55" West, 360. 13 feet, an arc distance of 360. 14 feet to a five-eighths inch iron rod with TxDOT aluminum cap set at the Point of Reverse Curve in said proposed south right-of-way line of F.M. 528 ; 4 . ) THENCE in a westerly direction, continuing along the proposed south right-of-way line of F.M. 528, along a curve to the left having a radius of 5669 . 58 feet, a central angle of 02 °45 ' 51" a long chord which bears South 82 ° 35 '43" West, 273 . 50 feet, an arc distance of 273 . 53 feet to the POINT OF BEGINNING and containing 0. 125 of one acre (5, 428 square feet) of land, more or less. OF C F < b7414WILLIAM H SMiTH JR A_ 3982 r' I• I fine eL City Of League City300 West Walker League City, 'Texas 77573 Office of the Mayor (713) 332-3431 June 9, 1993 cc: •�(01141516,,T J.T. Mr. Douglas E. Magee CDC Houston, Inc. JUN1993 1560 West Bay Area Boulevard, Suite 190 Friendswood, Texas 77546 �o RECEIVED CITY OF FRIENDSW® RE: FM528 WIDENING CITY SECRETARY ,. Dear Mr. Magee: /�FOF6Z6�LZ�'L The City of League City and the City of Friendswood are required to secure the necessary right-of-way for the above mentioned Texas Department of Transportation project. We are trying to do this by the end of 1993 in order for construction to begin in 1994. As you are aware, CDC Houston land lies adjacent to FM 528 along the southerly right-of-way line. Since nearly all of the additional right-of-way for the road widening project is to come from the south side of FM 528, CDC Houston property is affected and, in fact, is a major participant in the success of this project. We are enclosing a copy of the right-of-way map along with a legal description of the proposed right-of-way acquisition for the entire project. Mr. Magee, the City of League City and the City of Friendswood have limited funds set aside for this project. We feel that property values will very likely increase as traffic counts and mobility will improve immediately following the completion of this project, therefore, we are requesting that CDC Houston dedicate the necessary right-of-way to the Texas Department of Transportation at no cost to either the City of League City or the City of Friendswood. If CDC Houston should decide to dedicate the right-of-way property, we feel that will make it.possible for construction to begin in 1994. Your cooperation in this matter is greatly appreciated by the City of Friendswood and the City of League City. Both myself, Mayor Evelyn Newman and our staffs will be available to discuss with you and/or your people in New York the benefits of this project and any other plans you may have concerning the development of CDC property in our cities. Sincerely, Sincerely Evelyn B. Newman Lamb Mayor Mayor City of Friendswood City of League City JLL/bl:A:CDC.ltr March, 1994 Parcel 78 Page 1 of 2 Pages EXHIBIT Page of Pages County: Harris Highway: F.M. 528 Project Limits: From Galveston County Line to IH-45 C.S .J. : 0981-01-076 Field Notes for Parcel 78 Being 0. 125 of one acre (5, 428 square feet) of land, more or less, located in the August Whitlock Survey, Abstract No. 793 , Harris County, Texas, and being within the limits of the City of Friendswood, Harris County, Texas, and being out of a 119 . 8374 acre residue of a 137 . 3944 acre tract of land conveyed to Clearfield Realty, Inc. from Boundbrook Enterprises, Inc. by deed dated October 5, 1983 and recorded under File No. J171863 of the Official Public Records of Real Property of Harris County, Texas, said 0. 125 of one acre parcel being more particularly described as follows: COMMENCING at a three-fourths inch iron rod found at the southeast corner of a 2 . 672 acre tract conveyed to Houston Lighting and Power Company from Webster Ranch Corporation by deed dated October 14 , 1977 and recorded under File No. F336213 of the Official Public Records of Real Property of Harris County, Texas, and an interior corner of said 137 . 3944 acre tract, thence as follows: North 03 °00 ' 50" West, along the east line of said 2 . 672 acre tract, and an interior line of said 137 . 3944 acre tract, a distance of 346. 25 feet to the northeast corner of said 2 . 672 acre tract on the existing south right-of- way line of F.M. 528 (100 feet wide) ; North 81° 12 ' 48" East, along said existing south right-of- way line of F.M. 528, a distance of 9 . 22 feet to a five- eighths inch iron rod with TxDOT aluminum cap found for the POINT OF BEGINNING of the herein described parcel having surface coordinates of X = 3 , 223 , 770. 67, Y = 634 , 527 . 28 . (All bearings and coordinates are based on the Texas State Plane Coordinate System, South Central Zone, all distances and coordinates shown are surface and may be converted to grid by multiplying by a combined adjustment factor of 0. 999870) ; March, 1994 Parcel 78 Page 2 of 2 Pages EXHIBIT Page of Pages 1. ) THENCE, North 81°12 ' 48" East, along the existing south right- of-way line of F.M. 528 (100 feet wide) , a distance of 633 . 36 feet to a point for the northeast corner of the herein described parcel, being on the corporate boundary line between the City of Friendswood and the City of League City, Harris County, Texas, per apportionment agreement dated 25 September 1986. 2 . ) THENCE, South 08 °47 ' 13" East, along said line, a distance of 18 . 34 feet to a five-eighths inch iron rod with TxDOT aluminum cap set on the proposed south right-of-way line of F.M. 528, being in the arc of a curve to the right; 3 . ) THENCE in a westerly direction, along said proposed south right-of-way line of F.M. 528, and along said curve to the right having a radius of 11,519. 16 feet, a central angle of 01°47 ' 29" , a long chord which bears South 83 ° 04 ' 55" West, 360. 13 feet, an arc distance of 360. 14 feet to a five-eighths inch iron rod with TxDOT aluminum cap set at the Point of Reverse Curve in said proposed south right-of-way line of F.M. 528 ; 4 . ) THENCE in a westerly direction, continuing along the proposed south right-of-way line of F.M. 528, along a curve to the left having a radius of 5669. 58 feet, a central angle of 02 °45 ' 51" a long chord which bears South 82 °35 '43" West, 273 . 50 feet, an arc distance of 273 . 53 feet to the POINT OF BEGINNING and containing 0. 125 of one acre (5, 428 square feet) of land, more or less. OF MLLLAM H SMITH JR S Wit xx�` r s*�. v EVELYN NEWMAN �_� ` ?;�• Councilmembers KITTEN HAJECATE'�yeLty of9'ziEndcuoocIMEL P. MEASELES ;•�: TOM MANISON •. �� �,� N 109 WILLOWICK 7131482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 HAROLD RALEYJANIS LOWE City Manager 14* 1.11-"!l M RONALD E. COX *. f' City Secretary ?� _S y DELORIS McKENZIE,T.R.M.C. November 15, 1993 `7cf AAC,e-Z >S\ Mr. Doug McGee C.D.C. Houston 1500 W. Bay Area Blvd. , Ste. 190 Friendswood, tX 77546 Dear Mr. McGee: As we have been discussing, the City is proceeding with the acquisition of right-of-way for the F.M. 528 widening project. We must purchase 1.194 acres of frontage along F.M. 528, known as Parcel 62. On behalf of the City of League City, and the City of Friendswood, we are offering $0.60 per square foot for the purchase of 51,001.001 square feet for the purchase price of $31,200.00. We look forward to your favorable acceptance of this offer. Once we receive your approval, we will work toward filing the proper papers. Sincerely, 414-)47-AVAV77(,0r.1 Evelyn B. Newman Mayor cc: Mayor Joe Lamb, League City Paul Nutting, City Administrator, League City Ron Cox, City Manager, Friendswood Cert./RRR P 477 230 234 OGFM528/EMA03 ( L P 477 230 234 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) v m Sent to at Doug McGee slrge� � . Bay Area Blvd. , Ste. 02, l/U P O State and ZIP Code 190 a Friendswood, TX_ 77546 Postage cn # Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered u7 co Return Receipt showing to whom, Date.and Address of Delivery I. G'—t j TOTAL Postage and Fees "+—� o(• OW Postmark or Date co E fN a m SENDER: L • Complete items 1 and/or 2 for additional services. I also wish to receive the ch • Complete items 3, and 4a& b. following services (for an extra y • Print your name and address on the reverse of this form so that we can fee): '5 y return this card to you. > • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address - does not permit. r Write"Return Receipt Requested''on the mailpiece below the article number. 2. ❑ Restricted Delivery G « • The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. CC y 3. Article Addressed to: 4a. Article Number cD Mr. Doug McGee P 477 230 234 C.D.C. Houston 4b. Service Type cc g. 1500 W. Bay Area Blvd. , Ste. 190❑ Registered ; ❑ Insured a Certified y '' El COD Friendswood, TX 77546 at ❑ Express Mail El Return Receipt for Merchandise p' 7. Date f DPI r / : cc 5. Signa ure ( ddressee) 8. ✓A dressee's Address (Only if requested Y and fee is paid) co W 1 CC 6. Signature (Agent) 0 y PS Form 3811, December 1991 tr U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT ' ' P. 04 • BRIEF SUMMARY OF CALCULATIONS PARCEL 62 INDICATED UNIT VALUE: $0.60 PSF PARENT TRACT SIZE: 137.39 ACRES/ 5,984,708.40 SQ.FT. PART BEING TAKEN: 1.194 ACRES/ 52,001.00 SQ.FT. REMAINDER AFTER TAKING: 136.2 ACRES/ 5,932,872.00 SQ.FT. THUS: • LAND AREA IN TAKING: 52,001.00 SQ. FT. X $0.60 PSF EQUALS $31,200.60 IMPROVEMENTS: NONE DAMAGES TO REMAINDER $0.00 TOTAL VALUE OF PART TAKEN $31,200.60 ROUNDED $31,200.00 CBC i01 231, Bank one('enter - l7 �,► 910 Traci, suite 197( CDC H �e :.„�, � <��,�, DEC1993 Houstonlnc 17131 hir-9 t p RECEIVED 642/28-A C:r(OF FRODSWOC .' CITY SECRETARY »` December 2, 1993 1;12., c\ Honorable Evelyn B. Newman, Mayor PAR__Z CEL City of Friendswood 109 Willowick Friendswood, Texas 77546-3898 Dear Mayor Newman: CDC-Houston, as agent for Clearfield Realty, Inc., is in receipt of your offer on behalf of the City of Friendswood and the City of League City to purchase right-of-way on the southern portion of FM 528. Reference is made to your letter of November 15, 1993 offering $0.60 PSF for 51,001.001 SF for a total of $31,200.00. After consideration by Clearfield, the proposed value is too low. The City's reevaluation of the appraised value of this parcel may be appropriate at this point to expedite the proposed highway improvement. Sincerely yours, CDC-HOUSTON INC., Agent for CLEARFIELD REALTY, INC. Stephen B. Pohl Vice President SBP:dac cc: B. M. Calotta D. E. Magee A subsidiary of Coventry Development Corporation of New York • 11-22-93 cc M & C Reading File 7? 44P Deloris M. p�c�eL JimmyT. Qeaf.11F6i /l 300 WEST WALKER ST. - LEAGUE CITY, TEXAS 77573 - 713/338-4839 FAX 713/332-2938 November 18, 1993 ,�17 �? '�r/ � 1i CF1 93 ' Mr. Ron Cox lit -- m Cyjy �Yf D , 1 City Manager 00 � t City of Friendswood Tc 109 Willowwick Ave. �' Friendswood, TX 77546 .� c L- tL\ `� SUBJECT: Acquisition of CDC Tract Dear Ron: At your request, action was taken at the regular meeting of the League City Council on October 28th concerning the above mentioned topic. The City Council has authorized Mayor Newman to acquire the CDC tract on League City's behalf for an amount equal to or less than the appraised value. I am enclosing a copy of Mr. Chuoke's appraisal for your information and guidance. In the meantime, if there is anything the League City staff can do to help the Mayor in her efforts, please do not hesitate to call me at 338-4839. I will ask the City Secretary to forward the official minutes of October 28th meeting when they become available. Thank you for your cooperation and efforts in this matter. Sincerely, '.Gdec- 4. D. Je . "egemier, P.E. Public orks Dir./City Engineer DJH:sy/a:\CDCTract.ltr copy: Mayor Joe Lamb and City Council Paul Nutting, City Administrator ®Ace 6 'W Wirr,,,,et / bteclat i`quid, �o R. C. Chuoke III & Associates Appraisers & Consultants P.O. Box 1447 655 FM 270 League City, Texas 77574 League City, Texas 77573 713-338-1000 August 30, 1993 Mr. Jess Hegemier, City Engineer City of League City 300 West Walker Street League City, Texas 77573 RE: Letter of opinion regarding the Fair Market Value of a 1. 194 acre parcel out of a 137 . 39 acre parcel out of the Robert Wilson Survey, Harris County, Texas. (Clearfield Realty Property, Parcel #62) Dear Jess: In accordance with your request, I have inspected the following described property for the purpose of estimating its current Market Value as of the date of this letter. As per our agreement, the data and analysis is presented in a brief format and the report does deviate from the USPAP as permitted upon agreement between client and appraiser. BRIEF LEGAL DESCRIPTION OF PROPERTY Being known as 1. 194 acre parcel out of a 137 . 39 acre parcel out of the Robert Wilson Survey, Harris County, Texas. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of the full narrative which can be delivered to you upon request. A _ Senior Member Q 0 Q American Society of Appraisers Page 2 Continued Letter of Opinion to City of League City In my opinion, the estimated Market Value of the property described above as of August 30, 1993 is as follows: ESTIMATED MARKET VALUE: THIRTY ONE THOUSAND TWO HUNDRED DOLLARS. ($31,200.00) Respectfully Submitted, C.C? (I110!..„ Chris Chuoke, ASA NOTE: FULL NARRATIVE R.C. CHUOKE III & ASSOCIATES APPRAISAL AVAILABLE UPON REQUEST. LIS �r� ti OF Ts ::(--,4_,- 1-;* "" �4 oexea►• 6 132041.— r LOOKING EAST ALONG FM 528 AT PART BEING TAKEN • • • - _ �. _ ? + • 11 . • • y� • v 1 t,. • - • 't'•1, 3•r�.. - \fit , '• ? rLi :: 1_ 4'ot , , • ...t 4110f,- a 't�'�Lf7. i .,, e � A it • a •.• 1. 1 ii7t=�1�.<t;4 y ,`,1, ..i;• , LOOKING WEST ALONG FM 528 AT PART BEING TAKEN TYPICAL FRONT VIEW OF SUBJECT PROPERTY f M .it 3 fjf , • t.. L ,1. II.,' •! .' 4,&„we ..., ..• r-i. 'jp 441.1,/,,'4.f.mi.-.: #I ,♦ �; - • m .. w r ply T+ Rx3.:w+.r'-.�►,- . : • .1 Yw": i lt BRIEF SUMMARY OF CALCULATIONS PARCEL 62 INDICATED UNIT VALUE: $0.60 PSF PARENT TRACT SIZE: 137.39 ACRES/ 5,984,708.40 SQ.FT. PART BEING TAKEN: 1.194 ACRES/ 52,001.00 SQ.FT. REMAINDER AFTER TAKING: 136.2 ACRES/ 5,932,872.00 SQ.FT. THUS: LAND AREA IN TAKING: 52,001.00 SQ. FT. X $0.60 PSF EQUALS $31,200.60 IMPROVEMENTS: NONE DAMAGES TO REMAINDER $0.00 TOTAL VALUE OF PART TAKEN $31,200.60 ROUNDED $31,200.00 LA0AinS i lilt 11-11:W1/070>4 lo,MbO w1$1 w+Y / !3,6,..?rYic2 i !:t,'-ll:1; ..^_i's •1 ii,li?Z4• `'v: '7.•}t''''''''le _. :'`;t1T,. r!..gt V lt" :4y 'r i .T.I VI-I Vt. +rr^r WI.V'6.i`y:i'v :!`At!:44.4":"::"--2.7 t..�y, k., •.:>- _ ' I 1 1 I I I • i i ..e...3.4:3_4'4,,:l..,,,R'4 , 1 1 I ; ff 9N N • _ �l� Aln 3f19r71.D'A I' h 4 '1 •z r--\7111•A I-IV JU UIJI IIIV317 •1, :,. Q. 1 Y :(- w - � - '�� All] 711.IV .N/Al1J,� � i •'1'' :.._I../, I \; 37 I .?r,, i. • t • . ..'. ;• ;? —.; atCN5 • ; m,•: tit `' t,N,1..1.Y tt',,•"•••'••••• w'1Y u,.0 , • 13 ' I•." �- ~`\ z,. Y,Nn...f +OY nssrwl ••M .MY ice• 7 .K +O—:\ ./••z _ Li i1'I0•• � y 1 TIIW . _110'>•4t�.�.Y... ._ / ... �t�---I .^ 11r .i 1....f 1D1 • lw'1 1MIl..)= ,...:_�_—._.. ...t fill.. I'� „ 3 ...I 1 to{'N11i,.l 'v r ny",:: . _ s.w >Y.1 Y 1. n.n111 r>tS /: w Y j"n4,A __ (.� ILd1V11R11M1O Ig0UN111DE I7VY1 11.7Nt.1 (' 1•r•.1>Y.11. ,171 i. . u'_"1...-,.sdf+C«IIe._ :,..NAN'_;., .:,. .*111 •"g"..46441' a ,t• :l:t:•gMh •+h'd'.w iwT•.•L.!:Q.,..:-W.:•ta.'•'ar'IN,...PL,. ';'. xc'. ,..ti!�fS Ettztt's•';'$Y:tsto-.:: •. s' S'...:,. t• -•4 -762 n cam- MEMO CITY OF FRIENDSWOOD September 18, 1993 Office of the City Manager I0/93/064 To: Deloris McKenzie Subject: Letter of Offer--CCD Property Mayor Newman suggested today that the likelihood of TxDOT building the bridge over a proposed drainage ditch is low. As a result, she has suggested we go ahead with the appraisal of the property and send the letter of offer to the owner. REC cc Jimmy Thompson CMO File - FM 528 <0190?lee fUg;;;ED ,99 ti CITYSECRETi1RY �� O c919SticZ``5 111 'z`t, 450/28-A August 11 , 1993 Mayor Evelyn Newman 109 Willowick Friendswood , Texas 77546 Re : Right-Of-Way , FM-528 Dear Mayor Newman : In connection with Friendswood ' s request that Clearfield Realty, Inc . donate additional Right-Of-Way for the widening of FM-528 , Clearfield cannot at this time make a final decision on this donation . Clearfield is presently evaluating land usage for this tract of land . In an effort to keep this donation/sale ongoing, Clearfield request that Friendswood have the area appraised and formally offer to purchase from Clearfield the additional Right-Of-Way based on the appraisal . Clearfield cannot consider donation of land without a current appraisal of land values based on current and future land use . With this project bidding March , 1994 , time is of the essence . Your expeditious return of an appraisal will assure prompt resolve to this request . I can be reached at 488-6911 for additional information . S ncerely : iii c Dougla E . Mage, Operations Manager DEM C cc : B . Michael Calotta .Y, =, Stephen B . Pohl ,,��%:`�\-3 .•sl, /,(^� CDC-Houston, Files �i'y`r 4 J , AUG 1993 N RECEIVED D CITY OF FRIENDSWOOD <InEcRY /1' • oh / ? S2 Ft, 6/3/93 akc eL Ron, I spoke to Jess Hegemier regarding the CDC R/W that the Mayor had inquired about. We have only a small protion of the CDC parcel, about 10%, and League City has the remainder. He said that he had been in contact with Doug Magee with CDC and he indicated that he would inquire with the principals about the possibility of donating the property. I asked that he include our parcel if he can work out the donation or if they have to purchase it. He said that they were having the parcel appraised and that he would call Chris Chuoke, the appraiser, and have him include our protion in his appraisal. Please let the Mayor know what I found out. Jimmy T. J56 7 J ,1!l1� �3 III:C` r.•F,_ yr 6� :4 E7Y 'SY� 1 rye c ru Pnrcel- P.IR PROPOSED 8r+24URVE DATA-C9 4-� ,, F. X4... Zy \ 1 X=3,224,310.54 �l PARENT TRACT ` 1 Y= 634 651.21 N T.S. �� D=C 0 3G'00°' / SOUTH BROOK CORPORATION �/) . i.\ FILE Na`N 852137 0. P. R. R. P. H. C. --;'-.sir C...0 �J L=552.84' • / (OWNER'S DEED)I R.=11,459.16 473.8465 A.C. ,---r_p r PC. 475+47.80 j JJSS_ 1 P.T. 481+00.64 • u P.O.B. PARCEL 59 cif La x -„.3..N 1 .-.T.:?X=3 224 574.61 g a '__ r � : . Y= 634,752.74 I 8 OO ,- . fi'e:!::' co . +I --7-_'vassoCA=02°45'St" -I R- 11,399.16' m m CH D=N 82°35.44HE, dIa . / 5-49.90' N N �� , .. --;�. F-0 - w ems- _ +• L� n: FND. �I 449.83' SET �� EXI. .ROW. S81°12'48°W, 2,310.97' BOAT SPIKE HWY SET R.OW MON FND. Y 3 T�_- �.,:�w �� _ �,.,n-i�_Z��c._.>:�w S�.-�- i I �S._ef _\-Q_e. -���G ` `. �- ■ ,� . • S8I°T248 W, 1,184.84 ¢R - - r — - - - -- �'= ==="= -------- - ---C9----- --48O TEXIST:t . ;.528- 485 z O cm - ----- - ------- - - - -§ ID 490 - - M.528 (Called N81°12.45..E,817.56')N81°12 4�E, 2983.08' N81°l2'48"E -'-. x ;N.7 O _ SET P.K.NAIL HWY. R.O.W. - B/W FENCE -;---...�_�- `--._._ _g - _ d� - - w ,-„Tr-__-•• _� --...-�=vl::.-�:tir�:��J,GVir�__-Nam.^ram_ sc-.�i - _ . � - -.-- _ - - _ __ ® (� , I SET`►101-17' SET J S 81°12'48°W 2,122.74' r/ % SET_ F x PROPOSED R.O.W.zX x *� B/W FENCE ,--_ogs,r _r- -' , 3/W FENCE - t CA=02 45'51'� --r-81.14w (, R=11,519.16' • I ' 1 •L=555.74D �J 11---- 4'.We CHD=S82'35'44'W--f-_ -.` „ 555.68' ,g • ws r 1 • 4ZI _ 1 .. r,� <<) I /\ 0- CD- I CITY OF LEAGUE CITY - I I • TN w • N l N P.O.C. PARE O • • `� FND. I"I.P. 1' \) I • S 48°19'33°W � •\\ __ 38.99 1 `�\ S81°12.48"W, 2310A7. S+r�"� /; J =— -- �__.=s�• °"' am SET EXISTING R.O.W. �. N 4 ------- --FND.1 ELP.,N48°49133 E 0.06 - _ --- • - -t1 •n. ---,`'---- s,_. N 81°I2 48 E - 2 983.08 l. _ E llfi g2g-- -- - -- 50 ----T �cssv--•tCfl 11.., N,B,L°,12.N ..°12 , cui. .- , _ ,ems. -- - - P f= q • XiSTiNB ---_ _ .ti._ i �r ROPO;SED FM 528 4--- N ---ram--4.4__ . - EXISTING:,R'O>W, NO_1��1-R S 81°12'48" W 2,122_74` -222.74 �- - � �` -►r�-8����8-�E� J �- -G38.,24- - -` -. _ WOODEN -.GN� •V PROPOSED R.0 W r !•'RBwIRE FENCE �� S 81°I2.48.. 559.j5T'DAR/MIRE FENCE Y 0 `"-""'N ; ,bg11 ,��^'�' N 48°42�50"E 3T.27� -A to W _T mar N ;a5 9`6 a J .� "i---y„�4 N Sag ��e 5 (� tx i . ( ,---- " �/� t CITY OF LEAGUE CITY �) �,.;, 4 , ' • • • CLEARFIELD REALTY, INC. FILE NO. J171863 O.P•R.R.P. H.C. ' LIVING WAY CHURCH OF (OWNERS DEEDr ..: >- , CLEAR. LAKE CITY TEXAS 137.39 4 4 AC v , CITY, TEXAS FILE N0OWNERS 6 O_P. R.R.P.H.C. • 1 • (OWNERS DEED). 26. T17 AC. s'• ) p j - o - 15', 0 - t. o� O, s • F o • `41 d+ , r , • t mp P. 01 , JV. II cc v0 i X p`Fnn AR. C. CHUOKE III & ASSOCIATES }������13141S16�j f REAL ESTATE APPRAISERS & CONSULTANTS B 713 338-1000 )1: 1°'�'� r' ��� Telephone: ( ) ,� o. [.=.� l\ FAX: (713) 338-1001 �� \�c9 000 P.O. Box 1447 , League City, Texas 77574 � �F',",,;! �w w; 655 F.M. 270, League City, Texas 77573 �(c' c,-0. �.o'ti FACSIMILLE TRANSMISSION INFORMATION SHEET "(41}''C,=` Date: // ` / /l ) Company: c.Aared From: --r Number of pages to follow: Comments: )<Ze --744;Ci------ . e&zve,--- �'_� ,zf, citi;friptrc 0,P ''-'41/1DY-6 , /to / , .5cirrt c}.41).; 41 a _ < tcy/ 9 ,7(57 P. 02 R. C. Chuoke III & Associates Appraisers & Consultants • P.O. Box 14'17 655 PM 270 League City, Texas 77674 League City, Texas 77573 713.338.1000 ' August 30, 1993 Mr. Jess Iiegemier, City Engineer City of League City 300 West Walker Street League City, Texas 77573 RE: Letter of opinion regarding the Fair Market Value of a 1. 194 acre parcel out of a 137 . 39 acre parcel out of the Robert Wilson Survey, Harris County, Texas. (Clearfield Realty Property, Parcel I62) Dear Jess: In accordance with your. request, I have inspected the following described property for the purpose of estimating its current Market Value as of the date of this letter. As per our agreement, the data and analysis is presented in a brief format and the report does deviate from the USPAP as permitted upon agreement between client and appraiser. BRIEF LEGAL DESCRIPTION OF PROPERTY Being known as 1 . 194 acre parcel out of a 137 . 39 acre parcel out of the Robert Wilson Survey, Harris County, Texas. It should clearly be understood that this letter only constitutes only a statement of the final value and that does not presume to be the complete analysis of the subject property nor a complete appraisal and is subject to the preparation of the full narrative which can be delivered to you upon request. Senior Member P. 03 Page 2 Continued Letter of Opinion to City of League City In my opinion, the estimated Market Value of the property described above as of August 30, 1993 is as follows: ESTIMATED MARKET VALUE: THIRTY ONE THOUSAND TWO HUNDRED DOLLARS. ($31,200.00) Respectfully Submitted, C9 (l11:112 Chris Chuoke, ASA NOTE: FULL NARRATIVE R.C. CHUOKE III & ASSOCIATES APPRAISAL AVAILABLE UPON REQUEST. P. 04 • BRIEF SUMMARY OF CALCULATIONS PARCEL 62 INDICATED UNIT VALUE: $0.60 PSF PARENT TRACT SIZE: 137.39 ACRES/ 5,984,708.40 SQ.FT. PART BEING TAKEN: 1.194 ACRES/ 52,001.00 SQ.FT. REMAINDER AFTER TAKING: 136.2 ACRES/ 5,932,872.00 SQ.FT. THUS: LAND AREA IN TAKING: 52,001,00 SQ. FT. X $0.60 PSF EQUALS $31,200.60 IMPROVEMENTS: NONE DAMAGES TO REMAINDER $0.00 TOTAL VALUE OF PART TAKEN $31,200.60 ROUNDED $31,200.00 414.161 ~n s ^�P # '1,0'� . „ i.mod Loco0'..4".•140,-11.0t.ii.ro ,_„.- • ••.-.4.a••••• ' ..14.- t, :"•'. ••,•..e*: t:slo a 7•`11.0 ,':". r,"14lieW,i:',,,,,f1404krykiVia.75, 31 41Wiy•2313,WptcliC,7•41:;kr-,.. u •..vg:4 l''••,tr1:1154 1.3;•0...41 4, •,... ,11:,:t" 4,; ," 1 —__.„....---. --... •-• • .--••• - -• . . I • I .•: . I . i . • • 1 . I . ; . . t 1 . . t. I . \ ... r. ---•- .I 1 I I . i I . I il 1 II . 1 . . . • f . . . 1. - • • •.. :‘..pyi ..",', I !!•1. • • . ''' 1 rib . , . 71;4.Er ill i•sv.. . 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": •,.., •-•••): ' • - . . ..•... . .-•.. „. ......;..... ...,, ;;;:;: ....'•••:•.4.F.K-'4•J'-':_.Y..1-.•••;•rt;•••• •'.:'' '.11.:•:f;;,..4i...' .'• ;4 ':'6".4Y1'..''• Nt-1.';:i.•••••:'...",.:•.• .....,...:'•'• LOOKING WEST ALONG FM 528 AT PART BEING TAKEN /y?up t rris Co e eL.:, ;71 c SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT SOUTHBROOK CORPORATION, a Texas corporation ('GRANTOR", for and in considera- tion of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand paid to GRANTOR by SAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation district and political subdivision of the State of Texas ('GRANTEE'), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto GRANTEE, its successors and assigns, that certain tract or parcel of land consisting of 17.773 acres located in Harris County, Texas, being more particularly described by metes and bounds In Exhibit 'A' attached hereto and incorporated herein by reference for all purposes, together with all rights, titles, and interests appurtenant thereto (the 'Property'). This conveyance is made and accepted subject to all valid and subsisting restrictions, condi- tions, covenants, exceptions, easements, rights-of-way, encumbrances and mineral and/or royalty reservations and interests affecting the Property existing as of the date hereof and appearing of record in the Official Public Records of Real Property of Harris County, Texas, to the extent the same are in effect and validly enforceable as against a political subdivision of the State and against the Property. GRANTOR herein reserves the specific right to cross or grant other persons or entities the right to cross the Property with any and all improvements and/or structures for public and private trans- portation and/or improvements and/or utility purposes; provided, however, that any such use and/or improvements to be constructed in, on or under the Property shall be implemented, constructed and/or maintained so as not to interfere with the use of said Property for drainage and flood control purposes and provided further that the plans and specifications for any such use and/or improvements to be constructed will be submitted to and approved by the GRANTEE and the Harris County Flood Control District prior to the initiation of any construction. GRANTOR further reserves for GRANTOR, its successors and assigns, any interest of GRANTOR of whatever nature in all oil and gas ('Minerals", by whatever method produced or extracted in, on, or under and that may be produced from the Property. GRANTOR does hereby waive any and all rights of ingress and egress over, upon and across the surface of the Property for the purpose of exploring for, drilling for, producing and marketing the Minerals; provided, however, nothing herein shall prevent GRANTOR from producing or extracting the Minerals by directional drilling or other means from points outside the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto 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 title to the Property unto the said GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under GRANTOR, but not otherwise. GRANTEE's address is: Baybrook Municipal Utility District No. 1, c/o Ms. Lynne B. Humphries, Vinson & Elkins LLP., 2500 First City Tower, 1001 Fannin, Houston, Texas 77002-6760. A WP0288bt1\SWLJS8.ORO �1 ST EXECUTED this the d,\ day of SJ L`1 , 1993. SOUTHBROOK CORPORATION, a Texas corporation By: . N OAtag-- B. Michael Calotta ATTEST: Vice President • By: Name: . ioo v.t' Title: j/ Se-cz--e drr (S STATE OF NEW YORK § COUNTY OF NEW YORK § This instrument was acknowledged before me on the —7( day of 1993 by B. Michael Calotta, Vice President of Southbrook Corporation, a Texas co ration, on behalf of said corporation. Notary Public, State of York (NOTARY SEAL) — — i4NJuIYc Sc AFTER RECORDING RETURN TO: GRANTEE, c/o Ms. Lyme B. Humphries, Vinson & Elkins LLP., 2500 First City Tower, 1001 Fannin, Houston, Texas 77002-6760 • A:\W P0288M 1\SWD\SB.DAG -2- • - - - — - - _. _ - . • A., •—• p eti t f< K Y t t- G . 1� . O q .a• • Juno 17, 1993 Being 17 . 773 acres (774,188 square feet) of land in the August Whitlock Survey, A-793, and the Robert Wilson League, A-88, Harris County, Texas and being out of a 359. 3983 acre tract described as Tract 1 and a 9.7570 acre tract described as Tract 7 of deed to Crestfield Realty, Inc. as recorded under Harris County County Clerk File No. J-171865 of the Official Public Records of Real Property of Harris County, Toxas, said 17.773 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a point marked by a 5/8 inch iron rod for corner on the North right-of-way line .of 150 foot. Harris County;_ Flood Control District Drainage Easement Unit No. *A-111-00-00 as recorded under Harris County County Clerk File No. F-969269, same being a North line of said 359. 3983 acre tract said point being the Southeast corner of restricted Reserve 'A" 'in Block 1 of Baybrook Village, Section One Partial Roplat as recorded at Film Code No. 355108 of the Map Records of Harris County, Texas; THENCE North 77° 51' 10' East, along the North right-of-way line of said 150 foot Harris County Flood Control District Drain- age Easement Unit No. A-111-00-00, same being a North line of said 359. 3983 acre tract, a distanco of 1118.66 feet to a point for corner marked by a 5/8 inch iron rod; THENCE South 12° 08' 50" East, a distance of 150.00 feet to a 5/8 inch iron rod marking the POINT OF BEGINNING on tho South right-of-way line of said 150 foot Harris County Flood Control District Drainage Easement Unit No. A-111-00-00; THENCE North 77° 51' 10" East, continuing along the South right-of-way line- of said 150 foot Harris County Flood Control District Drainage Easement Unit No. A-111-00-00, a distanco of 418.93 feet to a point for corner marked by a 5/8 inch iron rod; THENCE in a Southeastorly direction, with a curve to the right whose radius is 660.00 feet, central angle is 21° 37 ' 18" and whose chord bears South 51° 56' 09" East, a distance, measured along the arc of said curve, of 249.06 feet to a point of tangent marked by a 5/8 inch iron rod; THENCE South 41° 07 ' 30" East, at 706.40 feet pass a re-entrant corner for said 359.3983 acre tract and continuing along a Southwest line of said 359. 3983 acre tract and its projections, in all, a distance of 2027. 37 feet to a point for cornor marked by a 5/8 inch iron rod on a Southeast lino of said 359.3983 acre tract; THENCE South 48° 49' 15° West, along a Southeast line of said 359.3983 acre tract and its projections, a distance of 2263.06 feet to a point of curve marked by a 5/8 inch iron rod; -1- .01/07/94 08:07 $8025140 DIST. 12 - AUTO. V1002/002 J a N - 6 - 9 a T H U 1 5 : 1 7 R A Y B U R N CHERRY E N G _ P . 02 Metes & Bounds description of 17 .773 acres, cont'd. . . . THENCE in a Southwesterly direction, with a curve to the left whose radius is 360.00 feet and central angle is 57° 36 ' 30" , a distance of 361. 96 feet to a point of tangent marked by a 5/8 inch iron rod; THENCE South 8° 47 ' 15" East, a distance of 127 .22 feet to a point for corner, marked by a 5/8 inch iron rod, on the North right-of-way line of F.M. 528, 100 feet wide, said point being located South 81° 12' 45" West, a distance of 719. 64 feet from the most Southerly Southeast corner of said 9.7570 acre tract; THENCE South 81° 12 ' 45" West, along the North right-of-way line of F.M. 528, a distance of 185.00 feet to a point for corner marked by a 5/8 inch iron rod; THENCE North 8° 47 ' 15" West, a distance of 127 . 22 feet to a point of curve marked by a 5/8 inch iron rod; THENCE in a Northeasterly direction, with a curve to the rightwhose dius is of 472.18 •62 foot feet and an pointt ofl angle tangents marked 57* 36 ' by 30"" ,, a distance a 5/8 inch iron rod; THENCE North 48° 49 ' 15" East, a distance of 2076 .94 feet to a point of curve marked by a 5/8 inch iron rod ; THENCE in a Northerly direction, with a curve to the left e is whose radius o 156 99 feet toet and central a point of tangentl marked 9° 5by a ' 45" , is 100 . 00 5/8 distance inch iron rod; THENCE North 41° 07 ' 30" West, a distance of 1777 . 61 feet to a point of curve marked by a 5/8 inch iron rod; THENCE in a Northwesterly direction, with a curve to the left whose radius is 51O0Of�otthedPOINTral angle is OF BEGINNING and andd 0 otntai'ning distance of 543 . 17 feet 17 . 773 acres (774,188 square feet) of land. RAYBURN CHERRY ENGINEERS, INC. Consulting Engineers Of 401FRfa+9 RAYBURN C.CHERRY C err R.P.L.S. — �.-o---,-... �-- - Raybur Y «9 1312 i%it 9ti`o��SS'�N y4 JAN— 6 - 94 TF-4U 1 S : 37 RAYBURN CHERRY ENG . P . 02 �-,...,•.1,v• N.4)/V t ►' I % •• • L ei. y 601 ...•••.. . 4, ... . . ,4„.. „ ,...i..,„, ,,,, .....,... .,,, ee ... , „; hi. •i4 ioroftlItir -- . A ,,••.., 6 i.ij p : vfi ` .. L. CO T "t r ` a 0 D •t�p1k . iiirswer 1:1 7: goer. ..'' ' IS,".1: •-•',, it ,'' ' •4•"' : 'to:•Fire:se`t I.itt/544 "b. - IF-____,°. •••:/ '16\ IP S. •;; t�:�; yi -� �� �f!• Of pA*CIL6E6 Y. .� r j=� !,.Nod -,,- , •r ' . 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S frf 2 1' 7;S'•, 1 . .4. frO.7.0t- r'' ',• ' (pi, >.' ?��t,'�'�� Iy1f• ;l jt ♦ ;S.,.yrt"'4•kti13.��„,'�tit�{•{1�.i f'�t<,, � ,� / • ';perle $1 f ., 14 1�P,41eae k. .10.. ♦ 4 i sit- \ 3 Y`',f'£,itt mob• ,tA f 1 t7 ,V'.-.M;..,'.41?:'' f g 014,4 '�k \ • 4ei1t.i,1.i.•3U \\*1:& ;:A rtjf..;•:4,`"yr‘., 44 ic Ili,;.:e,.;,..,, it tir t• • 44 t a t �D•�``� • . t \\iv. ;� 6 "4=_'. 7 tip 014 `\ /.`� ,�fitt N41 • .,A• y. j/ +. I 2a s .�—_ o M• 28 \�` 4/., w . -- \\ P� - ioit4 ' 54d•41'•-6'w \ 430•Ql 1 \\ 4:)-‘ \\ .e l,,. ; • • � : s . k . 3} ‘ ' , c - v\'', /.Z team Ote) LD 70 /I V O f FBA. Dtie . SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT CLEARFIELD REALTY, INC., a Texas corporation ('GRANTOR, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00) cash In hand paid to GRANTOR by BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation district and political subdivision of the State of Texas ('GRANTEEl, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged has GRANTED, BARGAINED,SOLD,and CONVEYED and by these presents does GRANT, BARGAIN, SELL, AND CONVEY unto GRANTEE, Its successors and assigns, that certain tract or parcel of land consisting of 17.557 acres located in Harris County, Texas, being more particularly described by metes and bounds in Exhibit 'A'attached hereto and incorporated herein by this reference for all purposes, together with all rights,titles, and interests appurtenant thereto (the 'Property'). This conveyance is made and accepted subject to all valid and subsisting restrictions, condi- tions, covenants, exceptions, easements, rights-of-way, encumbrances and mineral and/or royalty reservations and Interests affecting the Property existing as of the date hereof and appearing of record in the Official Public Records of Real Property of Harris County, Texas, to the extent the same are in effect and validly enforceable as against a political subdivision of the State and against the Property. GRANTOR herein reserves the specific right to cross or grant other persons or entities the right to cross the Property with any and all improvements and/or structures for public and private trans- portation and/or Improvements and/or utility purposes; provided, however, that any such use and/or improvements to be constructed in, on or under the Property shall be implemented, constructed and/or maintained so as not to interfere with the use of said Property for drainage and flood control purposes and provided further that the plans and specifications for any such use and/or improvements to be constructed will be submitted to and approved by the GRANTEE and the Harris County Flood Control District prior to the initiation of any construction. GRANTOR further reserves for GRANTOR, its successors and assigns, any interest of GRANTOR of whatever nature in all oil and gas ('Minerals'), by whatever method produced or extracted in, on, or under and that may be produced from the Property. GRANTOR does hereby waive any and all rights of ingress and egress over, upon and across the surface of the Property for the purpose of exploring for, drilling for, producing and marketing the Minerals; provided, however, nothing herein shall prevent GRANTOR from producing or extracting the Minerals by directional drilling or other means from points outside the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereunto in anywise belonging, unto 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 title to the Property unto the said GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under GRANTOR but not otherwise. GRANTEE's address is: Baybrook Municipal Utility District No. 1, c/o Ms. Lynne B. Humphries, Vinson & Elkins LLP., 2500 First City Tower, 1001 Fannin, Houston, Texas 77002-6760. MW P0288 to 1\SWD\CLEARFLD.DRO s l • • EXECUTED this the a.\ 'day of i U L_- , 1993. CLEARFIELD REALTY, INC., a Texas corporation By: t. IA IAA N-h-I -- B. Michael Calotta President ATTEST: By: Name: F. J. Bradley Trtle: Secretary (SEAL) STATE OF NEW YORK § § COUNTY OF NEW YORK § This instrument was acknowledged before me on the 2/ day of 1993 by B. Michael Calotta, President of Clearfield Realty, Inc., a Texas corpora ion, on behalf of said corporation. i Not ry Public, State of N . York (NOTARY SEAL) . __ -N Yc!c - • - . : _.. _ -_97 AFTER RECORDING RETURN TO: GRANTEE, c/o Ms. Lynne B. Humphries, Vinson & Elkins LLP., 2500 First City Tower, 1001 Fannin, Houston, Texas 77002-6760 AAW PO2 B B M 1\SW DycLEARR D.D RG -2- . June 17, 1993 Being 17.557 acres (764, 804 square feet) of land in the Robert Wilson League, A-88 and the John Dickerson League, A-15, Harris County, Texas and being out of a 135. 2251 acre tract described in Tract 1 and a 122.2444 acre tract described as Tract 2 of deed to Crestfield Realty Inc. as recorded under Harris County County Clerk File No. J-171863 of the Official Public Records of Real Property of Harris County, Texas, said 17.557 acres being more particularly described by motes and bounds as follows; BEGINNING at a point marked by a 5/8 inch iron rod on the West right-of-way line of Wilson .Avenue, 60 feet wide,- said point - being the Northeast corner of: a,Houston Lighting power 'f'ompany 80 foot Fee Strip described -in_-deed- recorded under Harris County County Clerk File No. F-336215 . of the_ Official Public Records of Real Property of Harris County, Texas, said point -further:-boing the Southeast corner of said 135.2251 acre tract; THENCE South 84° 47' 10" West, along the North right-of-way line of said Houston Lighting & Power Company 80 foot Fee Strip, a distance of 796.91 feet to a point for corner marked by a 5/8 inch iron rod; THENCE North 0° 26 ' 50" West, a distance of 2380.94 feet to an angle point marked by a 5/8 inch iron rod; -- THENCE North 8° 47 ' 15' West, a distance of 1122.05 feet to a point for corner, marked by a 5/8 inch iron rod, on the South line of F.M. 528; THENCE North 81° 12' 45" East, along the South right-of-way line of F.M. 528, a distance of 185.00 feet to a point for corner marked by a 5/8 inch iron rod, said point being located South 81° 12' 45 West, a distance of 562.77 feet from the Northeast corner of said 122. 2444 acre tract; THENCE South 8° 47 ' 15" East, a distance of 1135.54 feet to an angle point marked by a 5/8 inch iron rod, said point being the West corner of a 9. 5648 acre tract described as Tract 4 in said deed to Crestfield Realty Inc. , same being a re-entrant corner for said 122.2444 acre tract; THENCE South 0° 26 ' . 50' East, a distance of 2084 . 67 feet to a point of curve marked by a 5/8 inch iron rod; THENCE in a Southeasterly direction, with a curve to the left whose radius is 100.00 feet and central angle is 94° 46' 00",' a distance of 165.40 feet to a point of tangent marked by a 5/8 inch iron rod; -1- JLN 19 '93 13: 15 6442037 PAC .002 • Metes and bounds description of 17.557 acres, Cont'd THENCE North 84° 47 ' 10" East, a distance of 502.58 feet to a point for cornor, marked by a 5/8 inch iron rod, on the West right-of-way line of Wilson Avenue; THENCE South 0° 26 ' 50" East, along the West right-of-Hay lino of Wilson Avenue, a distance of 185. 64 feet to the POINT OF BEGINNING and containing 17.557 acres (764,804 squaro feet) of land. RAYBURN CHERRY ENGINEERS, INC. OF Consulting Engineers 1 rV* q�t 9 ! RAYBURN C.0*R y 1 e 2,,p 1?]2 Rayb n C. Cherry, R.P. L. -2- • JUN 18 '93 13:16 6 3? F x .003 -T ft.hl - 6 - 43 4- T F-4 ILJ 1 -_-, : 3 6 R A Y B 1..1 R hi C I-4 E R R 4-f-' E h4 G - P - 0 1 PARCEL /N° 6 \ • . , . .„4.1 Orme Arai 331508J Ac ‘ . - '*./- %•-....Si l 00* Coma,' ys.0000 Ac ‘ ,;',.7• 0 *':',.. • ' ‘:1 '-*,i, b!".. : .1y.: at°.13 77 Ac. \ -x i;•• • .'1,,:.. /*I Amis 1 4 ' -- \N I 4 4%.f 3 - - -- - - -- -- -- - - - t. ,. . ..' ', k-••)',,,,.eg : .-;,..,, •0.1, •,e,),, Post-ir brand lax transmittal memo 7671 tor pages • 2_, ", -434i. , ... ' .1.;:,.,.P . 1 • t '' ;';e4.7.-• *;4..., ._ . p • f - f ma ...tr... . ... .1A-il :1-,.... .„,:,4,..,..,. - )4.,:$:• ', ' 0,-,',V1",:47tifklv.A'.•:;..,,, IA IMIPMEIIIIILWITivit . T-..;,.., .5,10 .,ti,..ft iiiiiimiumili , 411 • • II- 'k' ‘ •,tr,.. 1/4; ' '''' ex fie.0 z ,5 00 / s I A. 7-...-•!,1•-•.;ef,t.„41!' ‘ ;:.',..7; .ge Al DI407/ I - 1,4 •,t•..0, • i I r, r ,e.>.•..!•.,f \ • I 0 1 . •,,.1•'1 •i).'si • . ' /111 :8.0,:ili' 41 a$>•.417 I,II'Ce 4111117;• :k 1,45,.....0.;:f1:64.:1-,...400:°li•irog 4.•40,„4„.540/4.0 iii, 56.4i'lg'S re' R E.,• '44 Fs' 0 _of• A5 701:..."•/,.4.rfaraArial 1 a , N8,417'45,71' A - 45 I. ... — -9---------- ii _I er. ...............___ .... ---- 11•4 ii /27.2-# co • ' • f•-• -- le bil. . S 4,e4/ G- 0 . • / "#4, • 1 o 414 I 99 • 34 .71 E 544 460 41/87 RESE 5 ' ._ • tie e A re, , IV .• , • /./ -i lo• j I:: :oe000 A rr. U tt li' '411,.IP 0 b0. .tii • 114 t,ti 164 I'• Z/ 41 ti 1. : I\110 %SA • N . I 4 1°9989 0 kk. _•. •ti• .Z. e .1° ...• IP- ZV rlr��t_ f CITY OF FRIENDSWOOD OFFICE OF THE CITY SECRETARY INTERDEPARTMENTAL CORRESPONDENCE ********************** *******fiEiF****#*************************** * January 17 , 1994 To : Ron Cox , City Manager 0114P- From : Deloris McKenzie , City Secretary I contacted Jess Hegemier as to whether he had ordered a Title Report for Parcel 62 ( CDC Property) , which he had not ordered . Per the Mayor ' s request , I have ordered the Title Report from Stewart Title in League City. We have requested the Title Report be completed by next week . As I was discussing this report with Jess , he advised that League City met last week and that they were not in agreement to pay the $1 . 25 per sq . foot . Accordig to Jess , they are sending a final offer at the . 60 cents per sq . foot and if that is turned down , they have been authorized to proceed with condemnation proceedings . I advised the Mayor what Jess had said and she stated that you had a conversation with Paul Nutting last week and the conversation was totally the opposite from Jess ' s conversation with me today. Do you want to contact Paul Nutting and confirm League City is willing to pay the $ 1 . 25 per sq . foot? Please let me know. 91i24i54 15:47 $ 713 532 3147 p 01 'u6p1. ,.plane F v A MEMORANDUM I - 1 Fax its; .... 7az Fax ill 33s_ if 131 1-26-94 cc Mayor E. Newman 1 TO: Mayor Lamb and City Cou cil Paul Nutting, City Administrator ' FROM: Jess Hegemier, Public Works Dir./City Engineer (-`12,1-- 1 4 DATA: January 21, 1993 SUBJECT: F.M. 528 Reimbursement Calculation At Paul Nutting's request, I have prepared a status report on our acquisitions. I have also made an estimate of reimbursement from Harris County based on an available fund of $460,000.* This amount represents approximately $40,000 of right-of-way expenses estimated by Harris County right-of-way (fficials which will be subtracted from the original ,)02`?223Zq,,s, �•�v pi. (� ,. JA 4/ logo r �k��2b21[d Zy Jr ���i eaN co 6 ,.� A 4 RE:..7� ,� 0124'94 i5:48 g 713 332 3147 $500,000. C OF RA F reduction of 5700 sq.ft.for Ditch R.O.W. CDC Includes Ready to close) (At Title Co.-I Ready ac. Way Church close) < � Tract 62 0.31 ac. living y Hardware (At Title Co:Rem' Tract 63Frienc�swood 64 0.15 ac. Condemnation Pending) Tract 65A 0.55 ac. Reich�k ( Tract 65A 0.06 ac. Wags (Condemnation pending) Tract Total;Acreage 2.31 ac. Cam.OF WEBSTER.. 0.53 acres CITY OF FJENDSWOOD 3.86 ac res 0 b$ k.; t'e"-g• . ‘,-C- ,v)2. 1 10 Total Acreage that will be acquired: 6.70 Acres Reimbursement Calculation Based on Acreage: �6�,656 / acre $ 460,000/6.70 acres =1.58 / sq.ft. 2 3� x $68,656 / acre Total to League City = $ 158,595. �inal amount will be determined. The Harris s t •County is noguarantee when and how this has full control and auttority in this calculation. Auditor 133 H:6y/a:\528reimb.rnem PAACeL 7 FM Sa r i? o w GALVESTON LEAGUE CITY 222 Kempner 180-A Gulf Freeway So. P.O.Box 1540 Sanctity of Contract League City,Texas 77573 • Galveston,Texas 77553 STEWA RT TITLE 332-3521 Galv.763-4641 Hou.488-2600 GALVESTON DIVISION TEXAS CITY 905 Logan Street P.O.Box 2790 Texas City,Texas 77590 T.C.948-1771 February 1, 1994 "°u.4BB-,644 Dear Sirs, Enclosed you will find the title report you requested. Please remit $178 . 00. If we can be of further service to you, please do not hesitate to call on us. Thank You, dy Wheel (s, 6 7 8 goo Escrow Officer (1, a� JW/am CD *\� AA k G vt4�� 6FZZZ\2%2 /, Leer/h / u ( p CAUTION: PROTECTION IS AFFORDED ONLY UNDER THE TERMS OF THE PROPOSED POLICY. STEWART TITLE GUARANTY MP NY��ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN THIS REPORT OR FOR VERBAL STATEMENTS. The Title Certificate is furnished solely as an accommodation to the party requesting same, and represents the status of title as found by Stewart Title Company's examiner. This certificate is not intended to be relied upon, and should not be relied upon, as a representation or warranty as to the title to the property described below. None of the information contained herein, or the absence of other information, constitutes a representation to any party as to the status of title to such property. Stewart Title Company assumes no liability whatsoever for the accurancy of this certificate, and shall under no circumstance be liable hereunder for any omission or error with respect hereto. If a policy . of title ingurance is purchased, any liability thereunder shall be determined solely by the terms of such policy. If any encumbrance or title defect should exist which is not disclosed herein, Stewart Title Company shall not be liable to any party for having furnished this report or for any verbal statements related to this report or to the status of title. • TITLE REPORT EXAMINER NAME: Hubert Kainer (2B, 1P, A-793, 45/097, & sub lts) REFERENCE FILE: 93100197 GF NO. 94100011 DATE: January 12, 1994 @ 8 : 00 A.M. CLOSER: Silvia Leva/League City APPLICANT: Examination from: Records of STEWART TITLE COMPANY Subject to: Claims of present occupants; discrepancies in area and boundaries; unpaid bills for labor or material in connection with repairs or new improvements; unpaid taxes. TITLE GOOD IN: CLEARFIELD REALTY, INC. , a Texas corporation - as to all of subject property except a strip of land 185 feet in length and located a distance of 562 . 77 feet West of the northeast corner of subject property, by virtue of Deed from Boundbrook Enterprises, Inc. dated September 21, 1983 and recorded under Clerk' s File No. J171863 of the Real Property Records; BAYBROOK MUNICIPAL UTILITY DISTRICT NO. 1 - as to the strip of land 185 feet in length and located a distance of 562 . 77 feet West of the northeast corner of subject property, by virtue of Deed from Clearfield Realty, Inc . dated July 21, 1993 and recorded under Clerk' s File No. P621465 of the Real Property Records of Harris County, Texas . CORRECT DESCRIPTION OF PROPERTY: A 1 . 194 acre tract of land, more or less, out of the August Whitlock Survey, Abstract No. 793 and the Robert Wilson Survey, Abstract No. 88, Harris County, Texas, and also being part of Lots 1 and 2 in Outlot 1, and Lot 10 in Outlot 5 of the Webster Outlots, an addition in Harris County, Texas according to the map or plat thereof recorded in Volume 67, Page 197 of the Deed Records of Harris County, Texas, and being more particularly described by metes and bounds on Exhibit "A" attached hereto . SUBJECT TO: RESTRICTIONS : None of Record. EASEMENTS AND RIGHTS OF WAY: The right to cross or to grant other persons or entities the right to cross the subject property with any and all improvements and/or structures for public and private transportation and/or improvements and/or utility purposes, as reserved by Clearfield Realty, Inc. in the Deed recorded under Clerk' s File No. P621465 of the Real Property Records of Harris County, Texas . (as to the 185 feet wide strip of land located 562 . 77 feet West of the northeast corner of subject property) Subject to any easements, rights-of-way, roadways, encroachments, etc. , which a survey or physical inspection of the premises might disclose. Continued on next page -1- GP No. 94100011 TITLE REPORT CONTINUATION MINERALS AND/OR ROYALTIES : 7/8ths of all the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same • are excepted herefrom as the same are set forth in instrument recorded in Volume 942, Page 347 of the Deed Records of Harris County, Texas . Surface rights were not waived therein. (as to all of subject property in the Robert Wilson Survey, Abstract No. 88) A 1/3rd royalty interest in and to all oil, gas and other minerals on, in, under or that may be produced from the subject property is excepted herefrom as the same is set forth in instrument recorded in Volume 4009, Page 324 of the Deed Records of Harris County, Texas . (as to all of subject property in the Robert Wilson Survey, Abstract No. 88) A 1/64th non-participating royalty interest in and to all oil, gas and other minerals on, in, under or that may be produced from the subject property is excepted herefrom as the same is set forth in instrument recorded in Volume 4589, Page 99 of the Deed Records of Harris County, Texas . (as to all the subject property) All the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same all of which are expressly excepted herefrom and not insured hereunder, as same are set forth in instrument recorded under Clerk' s File No. P621465 of the Real Property Records of Harris County, Texas . Surface rights were waived therein. (as to the 185 feet wide strip of land located 562 . 77 feet West of the northeast corner of subject property) OTHER EXCEPTIONS : Subject to the terms, conditions and stipulations of any and all Lease Agreements, amendments and supplements thereto, existing with the tenants in possession, whether written or oral and whether recorded or unrecorded. Any and all Zoning Ordinances or proposed ordinances including those by the City of League City, Texas . LIENS : Note: We find no outstanding liens of record affecting the subject property. Inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest claim in the subject property. MISCELLANEOUS : We are to be furnished with a survey, complete with the correct metes and bounds description of the subject property made by a licensed Public Surveyor of the State of Texas, suitable to this Title Company. When same is submitted, it is to be returned to this examiner for inspection and approval . We must be furnished with a Corporate Resolution by the Board of Directors of Clearfield Realty, Inc. authorizing the current transaction and naming the Officers authorized to execute the necessary instruments . Closer is to satisfy himself/herself that the record owner is a corporation in good standing with the Secretary of State, and is authorized to do business in the State of Texas . -2- , .- ! ,,