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HomeMy WebLinkAboutQuitclaim Deed - Bridgestone Development Company - 0 BLACKHAWK BLVD N34688 7 002-60-0291 r QUITCLAIM DEED THE STATE OF TEXAS § g KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § THAT THE CITY OF FRIENDSWOOD, TEXAS , a municipal corporation of the State of Texas , located in the Counties of Galveston and Harris , for and in consideration of the sum of ten dollars ($10. 00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have QUITCLAIMED, and by these presents do QUITCLAIM unto BRIDGESTONE DEVELOPMENT COMPANY, a partnership doing business QQ, " " in the State of Texas , (hereinafter called "Grantee") , its � V\> successors , and assigns , all of the City of Friendswood' s OOO right , title , and interest in and to that certain real property situated in Harris County, Texas, and particularly described in Exhibit "A" attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of the City of Friendswood ' s right, title, and interest in and to the premises described in Exhibit "A, " together with all and singular the rights, privileges , and appurtenances thereto in any manner belonging, unto the said Grantee, its successors and assigns forever_ , so that neither the City of Friendswood nor its successors , assigns , legal representatives , nor any person claiming under the City of Friendswood shall at any time hereafter have, claim, or demand any right or title to the foresaid property, premises , or appurtenances , or any part thereof. 002-60-0292 EXECUTED this 5th day of May , 1991 . i CITY OF FRIENDSWOOD au1 14. Schr ,der, Mayor GRANTEE : Bridgestone Development Company c/o Gilbert J. Baker. , Trustee 1200 Four Oaks Place 1300 Post Oak Boulevard Houston, Texas 77056 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged before me on the 5th day of May , 1991 , by Paul W. Schrader, Mayor of the City of Friendswood, a municipal corporation of the State of Texas , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. Not r Public Tn and For , the 'Sty of Texas I �* ' 0 I �� dW Eck My Commission Expires ' , er1 t.lvod� 1k. 77Sy4 -2- • 0C2-60-0293 EXHIBIT "A" TO QUITCLAIM'DEED - FIELD NOTE DESCRIPTION OF 0 .0990 ACRES ( 4 ,314 SG .FT . ) OF LAND , BEING A PORTION OF THE ORIGINAL 60 'R ,O _W . FOR CHOAFE ROAD , LOCATED I % RUST IN LEAGUE' N I Ht NFi.RRY ANDFli3S'1'KAC'I NO .. 55 , AND THE THOMAS LHOA'1'E SURVEY , ABSTRACT NO . 12 , IN THE CITY OF FRIENDSWOOD , HARRIS COUNTY , TEXAS AND BEING MORE;• PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found 1/2 inch iron rod marking the intersection of the South right-of-way line of F .M. 2351 ( R o _W , varies ) and the East right--of--way line of Blackhgwk Boulevard ( 100 ' wide); said point being the Northwest c also „A„ ' corner 'of the :aforementioned Unrestricted Reserve i CE 'THEN , N 2B� t�4 ' :37" E , a dista c adjacentCEto the h e of 4b .12 feet along , adjoining and projected East ' •' right-of-way line of Ulackhawk Boulevard. to a 5/8 inch iron:' rdd ' set ,for the , Northwest corner of the herein described tract and a. Point for cutback,;' • THENCE , N 16" 35 ' 23" aforernentionat� cutback toga S/> ,a. 'nchni©on�rodl4se feet corner ;along the point lying or: the southerly right-of-way line of the orrealigned said 2351 ( based on 120 ' right-of-way ); F .M . ri ht- THENCE , N 61" 35 ' 23" E , a distance of 112 .81 and adjacent to the 5outherl ri feet alone . adjoining �::351 to a 5/8 inch rod set for ght-- way line of the realigned F _M . a point for curve to the left; THENCE , with the aforementioned curve to } the left , being along , adjoining and adjacent to thesoutherly right--of-way line of the realigned F .M . S 2351 , having a central angle of 01" 19 ► h of 1 ,970 .08 feet an arc length of 45 .33 feet and a chord bearing bU`- 55 ' 50" a radius E , a distance of 45 .33 feet to a 1/2 inch iron rod fond for the Northeast corner of the herein described tract; ..,-.- THENCE , S 2'i�� . '(i,E3 '.v`.S.y„ E . a distance of rod set four thelgoutheast corner of the heroin describedtract; to a 5/g inch iron THENCE , 5 , •.A .45` ��ZW023', W , a distance of 175 .00 feet and adjacent to the original South along , adjoining5to the f-'OINT :'OF � right-of-way line of F .M . -, land . ::;� r'OPi IkiNG a{tad containing 0 ,0990 acres �ft1 f ?.;;1t ti,,.,,.,111 FILED FOR RCCORf�314 sq ft . ) of Dated thi.s.` 't}� ° f3:30 ;fax, 6f October , 1��s�o A.M. Carroll & Associates , Inc . OCT 2 1991 CA job ;t 2219 G'1 y- i i\2 _LEG RECORDER'S MEMORANDUM = ' AT THE TIME OF RECORDATION,THIS INSTRUMENT WAS FOUND TO BE INADEQUATE ,2 , �.4,,,,,.Y-,, FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY,CARBON OR County Clerk,Harris County,Texas PHOTO COPY,DISCOLORED PAPER,ETC, 1 SMI 'A1NMO S!H&H, 'NN310 A1Nf100' a 16619 100 uo sexal'A1uno0 sumll to Auadold!eaa to sp3waa apgnd !RIO410 D41 u! '030N003N AM sera pue'aw Aq uoaleq padme!sawgagi le pup eq aql uo aauanbaS lagwnN PHu!03111 seM plowmisw si41 !egl ppaa A4e3e4 ! ff SOMH 10 A1Nf100 lSVX31 j0 31V1S 3H1 •Mn NNINI 930N111101IIHOM INn ONV011VAMIS133VN MO M010310 YOIO MR34WM N3N 03MiM0S303NI 103SOWNIN3a'INS 3141 SIOINIS18 IY,MtM N138 NOISIAOHA ANV 78 � 0 OCT 1991 N RECEIVED �i CITT OF FYIENOST100D r� Gfl S[CREIART 9s b F�2 20�`O`0 .�bZ0-U9-Z00 8a6 002-60-0287 SPECIAL WARRANTY DEED 10/02/91 00409158 N346886 9.00 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT BRIDGESTONE DEVELOPMENT COMPANY, , a Texas partnership, acting by and through GILBERT J. BAKER, TRUSTEE, of Harris County, Texas (hereinafter called "GRANTOR") , for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, I SOLD, and CONVEYED unto the City of Friendswood, Texas, a municipal ✓ corporation located in Galveston and Harris Counties, Texas (hereinafter called "GRANTEE") , that certain tract or parcel of land situated in Harris County, Texas, and particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. This conveyance is expressly accepted by GRANTEE subject to all valid restrictions, covenants, and encumbrances as reflected by the records of the County Clerk of Harris County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise 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 said premises unto GRANTEE, its successors and assigns against every person whomsoever lawfully claiming, or to claim the same or any part thereof, by, through orI under GRANTOR but not otherwise. \ EXECUTED this `3day of MA( 1991. VC BRIDGESTONE DEVELOPMENT I COMPANY By' 6,6�4� Gi t J. Bak r Trustee I ' GRANTEE: 002--60-028 City of Friendswood 109 Willowick Friendswood, Texas 77546-3898 ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § �l This instrument was acknowledged before me on the 3 day of ('T\4" , 1991, by Gilbert J. Baker, Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity stated therein. ............. , . I NOTARY PUBLIC, STATE TEXAS } My Commission Expires: •Q•[ (�?Y...`:A�`,; GAIL NUNEZ r�r y NOTARY PUBLIC ,,� �„ State of Texas . ...,of Comm.Exp. 12.06.93 -2- sp war deed.LAK2 002-6o-0289 C;RrENpELT EASL°MCNT MELD NUTS DE.6CRIP'f10N OF 0 .4697 ACRES ( 2o ,460 �U. F'T , ) OF LAND OUT of RESERVE "A" , WEDQEWOOD K VILLAGE , SECTION 1 , VOt,t)ML 146 , PAGE' :)3 , H .C .M .R . , AND LOQATED IN THE 540AH MGK1951Ck $URVEY , Aea'fRACI NO . 549 IN 1HL CITY OF FRIENUSWOOD , HAHRI5 COUNTY , frxAS AND HEING MORE PARTICULAH4Y UE5CRISED AS FOLLOWS: COMMENCINQ at tha Southeast oornor of RbplYV6 "A" , Wedgbwood vi11899 , 5octicn one and being on the North right-of-way lig010f Sentwood Drive ( 69 , R .O ,W . ) i THENCE , 5 48. 14 '454 W , a`.diatanc of'13,D ,ii6 feet along , adjoining and adjacent to the Southerly.;,I� Tferof ,jZoserye "A' and the Northerly right- of-way ,line of eentwood C)riVe to 'a paint marking both the POINT of HEIIINN1NU and the 5outheamt corner, of the: .herein described tractl 1HENUE , continuing S 01:114148N W ,' p Oiatiand* 10f 89 .4 eel AloUV , adjoining and adjacent to tile , sfor;olnentidne'd ' common lines to a point for a curve to the r1uhtl '' THENCE , along , adjoining end adjacont to the aforementioned curve to the right , being the 5outhWesteriy boundary of F7eaerve "A" , having a Yadiva of 18 .00 feet , a delta of 91" 39 ' 15 an arc length of 39 .98 feet and a chord bearing N 85. 561001, WF a distance of 3$ .d6 .fogt to a Point for a oompound curve to the right : THENCE , along , adjoining and adjacent to tha aforementioned curve to the right , being the Westerly boundary of Reeerve "A" and the kast rloht^-of-way .line Hlackhawk F3oulevard ( too ' R ,o .W , ) , having a radiue of 1900 .00 fo=at , a delta of 38" 37161 " , an arc length of 3o0 .09 feet and a chord bearing N 35. 38105" W , a dietance of 304 .78 fe9t to 4 Point for the Northwest corner of the herein described -traotl THENCE ;' N " 4S' o,'23" E . a dlPatanoe of 20 .70 feet to A point for the Northeast c*ruer `of the herein described traotl fOlt ., THFNCE1 6 6b'028 '02' K , a distance of 37 .69 feet to a point for an angles ; 1.7 THENCE. . 5 '4'6• 02"45" i: , a djztanco of 290 .04 feet , being west of and parallol to the Fast boundary of Reserve'A" to the POINT OF UKU INNING and containing 0 .4697 acres ( 20 ,460 sq . ft . ) of land . RECORDER'S MU40RANDUM IN THE TIME OF SIIIECORDARON,THIS /�'�� INSTRUMENT WAS FOUND TO BE INADEQUATE �"Z\ FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY,CARBON OR PHOTO COPY, DISCOLORED PAPER,ETC. sexal'AFunoo siileH '4jaI3 Aaunoo vtn 1661 Z 130 TTV OE:8 Q80038 803 03113 o smi'AlNnoo sivavH 'N8310 AlNnooD: .a 14?" r'y,�v.'"✓ 16619 130 uo se>re3'quno0 sn1a8 )o ApedOJd 1908)o sploae8 ollgnd IRP1110 041 ul'03080'J38 AM Sim PHUAquoalagpadwelsawgeq))eputole eq)uoaouanbes iagwnN ego u!03114 seM luewnilsw))slgl le41 Al!Uao AAAQQ11aie4 1 wo 1SVX31 d0 3�t1aVIS 3Hl irsya ieaisw3Ni oisms0 u�rolrs1N1WIs3tl8 entlMNOISII va o OC71991 a RECEIVED CITY of islvloSWooD �� GIYSECREiARY 0��' 9�s�blFl ZZ�Z�ti�� UbZ0-U9-Z00 - - T1SIHX38 I Agreement with Bridgestone Development Company Regarding Greenbelt Area on F14-2351. As a part of the rezoning of the property on FM-2351 and Blackhawk for the proposed Shamrock station, the Bridgestone Development Company has agreed to do several things. The key items are as follows: 1. Bridgestone Development Company will deed the property designated as the greenbelt area to the City. This will be used as a visual protection from the Shamrock station development. 2. The City accepted unusable right of way on FM-2351 from the state in 1989, after FM-2351 was straightened, widened, and the bridge replaced. A small portion of this excess right of way is on a corner of the tract being developed. In consideration for the larger tract in the greenbelt area, this property will be deeded by quitclaim deed to Bridgestone Development Company for its use. 3. Bridgestone Development Company will replace and relocate a sign for the Wedgewood subdivision. This agreement is in draft form in your packet. In visiting with John Olson, the agreement should be signed by Bridgestone Development Company and ready for your approval at the Council meeting. You will notice that instead of an easement for this property, John Olson is recommending the City take deed to the property. This will avoid any future confusion as to ownership or any zoning issues over that piece of property. John feels this will be a much cleaner and safer approach and is recommending it to you. If this agreement is not approved, Councilmember Ritter is recommending the rezoning ordinances which follow on this agenda not be considered. It is my understanding this has been a long-term process. It is his recommendation the agreement be completed and approved prior to the rezoning being considered for the second reading in order to make sure that everything is properly completed. P.S. I understand from our last conversation, Councilmember Ritter is satisfied with the agreement as it is written. AGENDA ITEM / ci/ty Counoi' Moved Date � Denied PAUL W. SCHRADER Mayor Caendi.rnntoere CGtI' /✓�1 Of 9t L'E)2aIU-TOOd RON BITTER ROBERT WICKLANDER EVELYN NEWMAN 109 WILLOWICK 7131482.3323 ED STUART HAROLD RALEY t FRIENDSWOOD, TEXAS 77546.3898 A. FRANK FRANKOVICH RONALD E. COX City Manager DELORIS ARCHER, CMC City Secretary January 9 , 1991 Mr. K.K. Eaton General Manager Diamond Shamrock Refining and Marketing Company Post Office Box 696000 San Antonio, Texas 78269-6000 Dear Mr. Eaton, Enclosed, you will find a copy of the Land Exchange Agreement between the City of Friendswood and Bridgestone Development Company which was approved by City Council, January 7th. Please execute the agreement and return to me as soon as possible. Thank you for your assistance. Sin ely, 4D .os rch 9, 0' City Secretary DA/jt Enclosure: LAND EXCHANGE AGREEMENT THIS AGREEMENT is entered into by and between the City of Friendswood ("City") , a municipal corporation located in Galveston and Harris Counties , Texas , and Bridgestone Development Company ("Bridgestone") , a Texas partnership having its principal place of business in Houston, Harris County, Texas . W I T N E S S E T H: WHEREAS , Bridgestone is desirous of acquiring City' s ownership in a certain 0. 0990 acre tract of land located at the intersection of F.M. 2351 and Blackhawk Boulevard in Friendswood, Texas ; and WHEREAS , City is willing to release and convey to Bridgestone City' s interest in and to such 0. 0990 acre tract, subject to the conditions stated herein; now therefore, For and in consideration of the mutual obligations and benefits to be derived hereunder, City and Bridgestone hereby agree as follows : 1 . City agrees to release and convey to Bridgestone, by quitclaim deed , all its right , title, and interest in and to that certain 0. 0990 acre tract of land out of the Perry and Austin League , Abstract No. 55, Harris County, Texas , said 0. 0990 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and for all things made a part hereof. City agrees to execute and deliver said quitclaim deed to Bridgestone within ten (10) days of the date 1 M O N S G : 24 O LSO N & O LSO H P . 0 2 of execution hereof. Provided further, City agrees to use its best efforts to assist Bridgestone in obtaining necessary documents from the State of Texas transferring its right, title, and interest in the said 0. 0990 acre tract to Bridgestone, either through the City or directly to Bridgestone. In the event the State of Texas elects to convey its interests to the City, and does so by special warranty deed, City agrees to re-execute its transfer of interest in said tract to Bridgestone by special warranty deed. 2. As consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees to convey to City, by special warranty deed, all of that certain 0. 4697 acre tract of land out of Reserve A, Wedgewood Village, Section 1 , and located in the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, said 0. 4697 acre tract being more particularly described by metes and bounds in Exhibit "B" attached hereto and for all things made a part hereof. Bridgestone agrees to execute and deliver said special warranty deed to City within ten (10) days of the date of execution hereof. 3. As further consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees , through itself or its assignee, to dismantle and relocate the brick structured Wedgewood Village subdivision sign , including all electrical appurtenances and perimeter landscaping, from its present location at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard to a location within the esplanade of Blackhawk Boulevard at the entrance of Wedgewood Village -2- Subdivision or. , if directed by City, to a location upon the tract described in paragraph 2 hereof. In either event, Bridgestone agrees that the final exact location of such sign shall be as approved by City. Provided further, Bridgestone recognizes and agrees that no permits for the construction of buildings or structures on the tract of land owned by Bridgestone and located at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard in the City of Friendswood shall issue by said City until such brick structured sign, including electrical appurtenances and perimeter landscaping , have been relocated as herein provided . The condition of such brick structured sign, including electrical appurtenances and perimeter landscaping, shall be restored in the new location in an equal or better condition than prior to such relocation. 4. As further consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees , through itself or its assignee, to construct a berm within the tract described in paragraph 2 hereof, running from the westerly boundary of such tract to the right-of-way line of Bentwood Drive. Such berm shall parallel the northeasterly boundary of said tract, and shall be of a height not less than four feet (4' ) above natural ground level , and shall be sloped at an angle of not less than three (3) to one (1) . In addition, Bridgestone shall dress the berm and all slope portions thereof and either cover, sod , or seed with bermuda grass . No occupancy permit for any building or structure on the tract presently owned by Bridgestone and -3- located at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard in the City shall issue until the berm described in this paragraph 4 shall have been constructed in accordance herewith. 5. This Agreement shall be binding on the successors and assigns of the parties hereto. EXECUTED in duplicate originals this 7th day of January . 1991 . BRIDGESTONE DEVELOPMENT CITY OF FRIENDSWOOD, TEXAS COMPANY �c By : 1 By : Ka �ame) eaul . Schrader Mayor (Title) ATTEST : )& APPROVED AND AGREED: 9� beflofis Archer , CMC City Secretary Friendswood , Texas DIAMOND SHA14R0CK REFINING AND MARKETING COMPANY APPROVED AS TO FORM: By : ohn(Name) Olson, City Attorney /-S-9( (Title) Date: -4- EX11IBFT it 0 „ TO /d�lZ�zl�v FIELD NOTE DESCRIPTION OF 0 .4697 ACRES ( 20 ,460 S0 . FT . ) OF LAND OUT OF RESERVE "A" , WEDGEWOOD VILLAGE , SECTION 1 , VOLUME 146 , PAGE 33 , H .C .M .R . , AND LOCATED IN THE SARAH MCKISSICK SURVEY , ABSTRACI NO . 549 IN 1HE CITY OF FRIENDSWOOD , HARRIS COUNTY , TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at the Southeast corner of Reserve "A" , Wedgewood village , section one and being on the North right-of-way linelof Bentwood Drive ( 60 ' R .O .W . ); THENCE , S 48' 14 '45" W , a distance of 30 .05 feet along , adjoining and adjacent to the southerly line of Reserve "A" and the Northerly right- Of-way line of 8entwood Drive to a point marking both the POINT OF BEGINNING and the Southeast corner of the herein described tract; THENCE , continuing S 48' 14 '45" W , a distance Of 59 .42 feet along , adjoining and adjacent to the aforementioned common lines to a point for a curve to the right; THENCE , along , adjoining and adjacent to the aforementioned curve to the right , being the Southwesterly boundary of Reserve "A" , having a radius of 25.00 feet , a delta of 91"38 '15" , an arc length of 39 .98 feet and a chord bearing N 85. 56 '08" W, a distance of 35 .86 feet to a Point for a compound curve to the right: THENCE. , along , adjoining and adjacent to the aforementioned curve to the right , being the Westerly boundary of Reserve "A" and the East right-of-way line Blackhawk Boulevard ( 100 ' R .O .W . ) , having a radius of 1950 .00 feet, a delta of 08. 57151 " , an arc length of 305 .09 feet and a chord bearing N 35. 3810S" W , a distance of 304 .78 foot to a Point for the Northwest corner of the herein described tract; THENCE , N 61' 35 '23" E . a distance of 20 .70 feet to a point for the Northeast corner of the herein described tract; 1HENCE , S 65` 28 '02" E , a distance Of 37 .59 feet to a point for an angle; THENCE , S 45` 02"45" E , a distance Of 290 .04 feet , being west Of and parallel to the East boundary of Reserve"A" to the POINT OF BEGINNING and containing 0 .4697 acres ( 20 ,460 sq . ft . ) of land. Dated the llth Day of October , 1990 Revised October 15 , 1990 Carroll & Associates , Inc . CAI job 4 2219 2219-20G .LEG L4A).6 E e_H470e A"& ke�ya%i i FIELD NOTE DESCRIPTION OF 0 .0990 ACRES ( 4 ,314 SG . FT . ) OF LAND , BEING A PORTION OF THE ORIGINAL 60 ' R -O .W. FOR CHOA'TE ROAD , L.00A'IE.D IN THE PERRY AND AUSTIN LEAGUE , ABSTRACT NO . 55 , AND THE "fHOMAS CHOATE SURVEY . ABSTRACT NO . 1"2 , IN THE CITY OF FRIENDSWOOU , HARRIS COUNTY , If-XA`. AND BEING MORE PARTICULARLY DESCRIBED By M FOLLOWS: ETES AND BOUNDS AS i BEGINNING at a found 1/2 inch iron rod marking the intersectio south right-of--way line of F .M. 2351 n of the (R .U _W . varies) and the East right-of-way line of Blackhawk Boulevard ( too' wide ); said point also being the Northwest corner of the aforementioned Unrestricted Reserve u Au . i THENCE , N 28': 24 ' 37" E , a distance of 40 .12 feet along, adjoining and adjacent to the Projected Fast right-of-way line, of Blackhawk Boulevard to a 5/8 inch iron rod set for the Northwest corner of the herein described tract and a point for cutback; THENCE , N 16` 35' 23" E . 14 .14 feat along the a distance of aforementionea cutback to a 5/8 inch iron rod set for corner; said Point lying or. the southerly right-of--way line of the realigned F .M. 2351 based on 120 ' right-of-way Y ); THENCE , N 61" 35 ' 23" E . a distance of 112.$1 feat along . adjoining and adjacent to the Southerly right-of-way lino of 2351 to a 5/8 inch rod set for the realigned F _M, a point for curve to the left; THENCE; , With the aforementioned curve to the left , being along , adjoining and adjacent to the ssoutherly right-of-Way line of the realigned F .M_ 2351 , having a central angle of U1' 19 • h of 1 ,97D.UE3 feet an arc length °f 45 .33 feet and a of 55 ' 50 chord a radius E . a distance of 45 .33 feet to chord bearing N for the Northeast corner of the herein described A 1/2tinch iron rod found THENCE, 5 29` 08 ' 37" k , a distance of 2 .21 feet to a 5/8 inch rod set for the .southeast corner of the herein oscto a iron THENCE , 5 45• 31 , d tract; 1 and adjacent to dd W , a di l stance of 175 .00 feet along , adjoining the POINT OF BEGINNItyG91 aco5outh right-of-Way line of F .M. 2351 land. containing O .U990 acres ( 4 ,314 s to q . ft. ) of Dated this. 9th Day of October , 1990 Carroll & Associates, Inc. . CA Job u 2219 r 2219-1 R2 .L E G LAND EXCHANGE AGREEMENT THIS AGREEMENT is entered into by and between the City of Friendswood ("City") , a municipal corporation located in Galveston and Harris Counties , Texas , and Bridgestone Development Company ("Bridgestone") , a Texas partnership having its principal place of business in Houston, Harris County, Texas . W I T N E S S E T H: WHEREAS , Bridgestone is desirous of acquiring City' s ownership in a certain 0. 0990 acre tract of land located at the intersection of F.M. 2351 and Blackhawk Boulevard in Friendswood, Texas ; and WHEREAS , City is willing to release and convey to Bridgestone Ci_ty' s interest in and to such 0. 0990 acre tract , subject to the conditions stated herein; now therefore, For and in consideration of the mutual obligations and benefits to be derived hereunder, City and Bridgestone hereby agree as follows : 1 . City agrees to release and convey to Bridgestone, by quitclaim deed, all its right , title, and interest in and to that certain 0. 0990 acre tract of land out of the Perry and Austin League, Abstract No. 55 Harris Count Texas said $ > > Ye � 0. 0990 acre tract being more particularly described by metes and bounds in Exhibit "A" attached hereto and for all things made a part hereof. City agrees to execute and deliver said quitclaim deed to Bridgestone within ten (10) days of the date J A N - 7 - 9 1 M O N 1 6 : 24 O LSO N & O LSO N P _ 0 2 of execution hereof. Provided further, City agrees to use its best efforts to assist Bridgestone in obtaining necessary documents from the State of Texas transferring its right, title, and interest in the said 0. 0990 acre tract to Bridgestone, either through the City or directly to Bridgestone. In the event the State of Texas elects to convey its interests to the City, and does so by special warranty deed, City agrees to re-execute its transfer of interest in said tract to Bridgestone by special warranty deed. 2. As consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees to convey to City, by special warranty deed , all of that certain 0. 4697 acre tract of land out of Reserve A, Wedgewood Village, Section 1 , and located in the Sarah McKissick Survey, Abstract No. 549, Harris County, Texas, said 0. 4697 acre tract being more particularly described by metes and bounds in Exhibit "B" attached hereto and for all things made a part hereof. Bridgestone agrees to execute and deliver said special warranty deed to City within ten (10) days of the date of execution hereof. 3. As further consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees , through itself or its assignee, to dismantle and relocate the brick structured Wedgewood Village subdivision sign, including all electrical appurtenances and perimeter landscaping, from its present location at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard to a location within the esplanade of Blackhawk Boulevard at the entrance of Wedgewood Village -2- Subdivision or, if directed by City, to a location upon the tract described in paragraph 2 hereof. In either event , Bridgestone agrees that the final exact location of such sign shall be as approved by City. Provided further, Bridgestone recognizes and agrees that no permits for the construction of buildings or structures on the tract of land owned by Bridgestone and located at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard in the City of Friendswood shall issue by said City until such brick structured sign, including electrical appurtenances and perimeter landscaping , have been relocated as herein provided. The condition of such brick structured sign, including electrical. appurtenances and perimeter landscaping , shall be restored in the new location in an equal or better condition than prior to such relocation. 4. As further consideration of the matters set forth in paragraph 1 hereof, Bridgestone agrees , through itself or its assignee, to construct a berm within the tract described in paragraph 2 hereof, running from the westerly boundary of such tract to the right-of-way line of Bentwood Drive. Such berm shall parallel the northeasterly boundary of said tract , and shall be of a height not less than four feet (4' ) above natural ground level , and shall be sloped at an angle of not less than three (3) to one (1) . In addition, Bridgestone shall dress the berm and all slope portions thereof and either cover, sod , or seed with bermuda grass . No occupancy permit for any building or structure on the tract presently owned by Bridgestone and -3- located at the northeast corner of the intersection of F.M. 2351 and Blackhawk Boulevard in the City shall issue until the berm described in this paragraph 4 shall have been constructed in accordance herewith. 5. This Agreement shall be binding on the successors and assigns of the parties hereto. EXECUTED in duplicate originals this 7th day of January , 1991 . BRIDGESTONE DEVELOPMENT CITY OF FRIENDSWOOD, TEXAS COMPANY By: By: (Name) Paul W. Schrader Mayor (Title) ATTEST : APPROVED AND AGREED: 4Delos LAArcaCM"C DIAMOND SHAMROCK REFINING City Secretary AND MARKETING COMPANY City of Friendswood , Texas APPROV FOR ': By: (Name) J hn 01son , City At orney (Title) L-9/ Date : -4- OK1419 I T ':4 L406 Exe-HU6 A& 2styyaAJ i FIELD NOTE DESCRIPTION OF 0 .0990 ACRES ( 4 ,314 SO . F'T . ) OF LAND , BEING A PORTION OF THE ORIGINAL 60 ' R .O _W . FOR CHOATE ROAD , LOCATED IN THE PERRY AND AUSTIN LEAGUE , A85TRAC1 NO . h5 , AND THE rMOMFlS CMOAfE SURVEY , ABSTRACT NO . 12 , IN THE CITY OF FRIENDSWOOU , HARRI5 COUNTY , TEXAS FOLLOW$ : AS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS BEGINNING at a found 1/2 inch iron rod marking right-of' the intersection of the South r -way line of F _M, 235,right-of-way line of Blackhawk Boulevard R( 100 , wide ); and the East being the Northwest corner of the aforementioned Unrestrictedln s also erve u An ; i Reserve THENCE , N 28"• 24 ' 37" E , a distance of 40 .12 feet along, adjoining and adjacent to the projected east right-of-way iline Of herein described tract and a point for awk Boulevard to a 5/8 inch iron rod set for the Northwest corneraofhthe cutback: THENCE , N 16' 35' 23" E , a distance of 14 .14 feat along the aforementionea cutback to a 5/8 inch iron rod set for corner; said Point lying on the southerly right--of-way line of the realigned F .M. 2351 based on 120 ' right-of-wa Y )� THENCE , N 61` 35 ' 23" k , a distance of 112.81 feet and adjacent to the :southerly right-of-Way line of the realigned F .M . along , adjoining 2361 to a 5/8 inch rod set for a point for curve to the left; 1HENCk , with the aforementioned curve to the left , being along , adjoining and adjacent to the Ssautherly right-of-way line of the realigned F _N_ 2351 , having a central angle of O1' 19 ' Uli a radius 60'Of 1 ,97so-0 ,08 feat an arc length of 45 .33 feet and a chord bearing N for the Nor he s distance of 45 ,33 feet to a 1/2 inch iron rod found for the Northeast corner of the herein described tract; 'rodNse . S r 08 ' 37" E a distance Of 2 .21 feet to a 5/H inch iron rod set for the Southeast corner of the herein described tract; THENCE . S 45` 31 , 2,31, W, a distance of 175 .Oo feet along ,and adjacent to the original South Tight-of-Wayline o the POINT' OF BEGINNING and co 9 , adjoining f F .M. 2351 to land . containing 0 ,0990 acres ( 4 ,314 Sq . ft . ) of Dated thi.s_ 9th Day of October , 1990 Carroll n Associatos , Inc . CA Job It 2219 2219-1'R2 .LEG EyHlorr it 0 TOP.3 hf Co/LOe--WC x1 I FIELD NOTE DESCRIPTION OF 0 .4697 ACRES ( 20 ,460 SU . FT , ) OF LAND OUT OF RESERVE "A" , WEDGEWOOD VILLAGE , SECTION 1 , VOLUME 146 , PAGE 33 , H.C .M .R . , AND LOCATED IN THE SARAH MCKISSICK SURVEY , ABSTRACT NO . 549 IN THE CITY OF FRIENDSWOOD , HARRIS COUNTY , T'EXA5 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at the Southeast corner of Reserve "A" , Wedgewood village , Section One and being on the North right-of-way line lof Bentwood Drive ( 60 ' R .O .W. ); THENCE: , S 48- 14 '45" W , a distance of 30 .05 feet along , adjoining and adjacent to the Southerly line of Reserve "A" and the Northerly right- of-way line of Bentwood Drive to a point marking both the POINT OF BEGINNING and the Southeast corner of the herein described tract; THENCE , continuing S 48' 14 '45" W . a distance of 59 .42 feet along, adjoining and adjacent to the aforementioned common lines to a point for a curve to the right; THENCE , along , adjoining and adjacent to the aforementioned curve to the right , being the Southwesterly boundary of Reserve "A" , having a radius of 25 .00 feet , a delta of 91'38 '15" , an arc length of 39 .98 feet and a chord bearing N 85. 56 '08" W . a distance of 3$ .86 feet to a Point for a compound curve to the right; THENCE , along , adjoining. and adjacent to the aforementioned curve to the right , being the westerly boundary of Reserve "A" and the East right-of-way line Blackhawk Boulevard ( 100 ' R .O .W. ) , having a radius Of 1950.00 feet , a delta of 08" 57151 " , an arc length of 305 .09 feet and a chord bearing N 35" 38 'OS" W , a distance of 304 .78 feet to a Point for the Northwest Corner of the herein described tract; THENCE , N 61- :35 '23" E . a distance of 20 .70 feet to a point for the Northeast corner of the herein described tract; THENCE , S 65` 28 '02" E , a distance of 37 .59 feet to a point for an angle; THENCE , 5 45" 02"45" E , a distance of 290 .04 feet , being west of and Parallel to the East boundary of Reserve"A" to the POINT OF BEGINNING and containing 0 .4697 acres ( 20 ,460 sq . ft . ) of land . Dated the lath Day of October , 1990 �~ Revised October 15 , 1990 Carroll & Associates , Inc . CAI Job # 2219 2219-20G .LEG RESOLUTIONS A. Resolution R91-21 Abandonment of property on FM 2351 atBlackhawk Boulevard This property is associated with the original agreement the city entered into with Bridgestone Development Company for the development of the Shamrock Station on- the corner of FM-2351 and Blackhawk Boulevard. There is abandoned Right of Way from the original road used before the current location on FM-2351. The old Right of Way is needed by the development company to fully utilize their property. In discussing this issue with the State, we discovered that although they had turned over the maintenance of that property to the city, they had not turned over the ownership. We asked them to simply provide us a quick-claim deed to that property, and then we in turn would negotiate with Bridgestone for proper exchange as .a parr_ of the agreement. However, State Highway Department indicated they could not do so. - After further negotiation between John Olson, Bridgestone Development Company, and the attorney for the State Department of Highways and Public Transportation, the Highway Department has •.\ agreed to sell the property directly to Bridgestone subject to �. the adoption of this resolution. The resolution indicates the City of Friendswood has no use for the property and recommends its abandonment by the Highway Department. B. Resolution R91;27 Approving Recommendations to Galveston County Board of Health We are enclosing a copy of a resolution prepared by the Galveston County United Board of Health recommending several individuals for reappointment to the board and for new appointments.. This has been placed on your agenda for approval. CMR9105.3G/TXTKSNO2 May 20, 1991 Agenda May 20, 1991� _ ����A15161I/p�9 45 (S? B. PR 1991 CEIVED F FRIENDS4YOOD APR 1'9Y MANAGER a RECEIVEDFF �yCOMMIS � I I="` T s .1 I�HV01'R STATE DEPARTMENT OF 111GH\YAYS 6 RORERT H. DEOMAN,CHAIRMAN AND PUBLIC TRANSPORTATION AUG 19 . f'�`� D£ _•P.E. RAY STOKER,JR. P.O.BOX 1336 WAYNE B. DUDOIESTEN HOUSTON,TEXAS 17251-I366 N RECG•�J D (715)6694571 �j v 6' CITY OF FRIENOSWOOD�F April 10. 1991 � GITYSECRUARY O` a CONTACT: DRE PROPOSED DISPOSAL OF REAL PROPERTY 4/17/91 Control No. 1844-01-017 cc John Olson FM 2351 Jimmy Thompson Harris/Galveston County Jimmy, Ron wants a map to place in the agenda The Honorable Paul W. Schrader, Mayor packet . City of Friendswood 109 Willowick � Friendswood, Texas 77546 Dear Mayor Schrader: Enclosed is a resolution and order of concurrence with the State of Texas for the abandonment of real property, situated in the Perry and Austin League, Abstract No. 55, and the Thomas Choate Survey, 'Abstract No. 12. It is requested that execution of same be obtained from the City Council of Friendswood. Upon receipt of the document, our office will make a recommendation to the central office in Austin for the sale of 0.0990 acre to the abutting landowner. A concurrence from the City that the property will no longer be needed for highway purposes must be submitted to our central office, as part of the documentation for the disposal of the property. It is requested that the resolution be placed on the next available agenda of the City Council of Friendswood. If you have any additional questions regarding this matter, please contact Ms. Roxie Foster-McKinney at (713) 867-5745. Sincerely, b -c. a&� Dwight A. Allen, P.E. District Right of Way Engineer District No. 12 RFM/lfw Attachment RESOLUTION AND ORDER OF CONCURRENCE WITH THE STATE OF TEXAS IN THE ABANDONMENT OF REAL PROPERTY SITUATED IN THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO. 55, AND THE TM4AS CHOATE SURVEY, AB.STRACT•NO. 12 HARRIS COUNTY, TEXAS THE STATE OF TEXAS § § COUNTY OF HARRIS § On this the day of 1991, the City Council of the City of Friendswood, sitting as the governing body of the city of Friendswood, Texas, being duly convened at a regular meeting of the City Council, a quorum being present, upon motion of Councilperson seconded by Councilperson duly put and carried, the following was adopted. RESOLUTION RESOLVED, THAT WHEREAS, after due investigation it appears to the City Council of the City of Friendswood, Texas, that the hereinafter described real i property in the attAched Exhibit "A", is no longer needed for use by citizens, of the city of Friendswood, for highway or public transportation purposes or r for the use of citizens as a road. WHEREAS, the City Council of the City of Friendswood, concurs with the State of Texas, acting by and through the State Department of Highways and Public Transportation, that the hereinafter described real property by disposed of as surplus property. 7 a f 1 G d r .T 1� 111 1"F�l 'F ORDER NOW THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED, that the City of Friendswood concurs in the State of Texas' disposal of the following described real property, described in Exhibit "A", attached hereto and made a part hereof. RESOLUTION ORDERED, PASSED, AND ADOPTED ON THIS DAY OF , 1991. To CNERTIFY WHICH WITNESSES OUR SIGNATURES BELOW: PAUL W. SCHRADER, Mayor RON RITTER, Councilperson DELORIS ARCHER, City Secretary BOB WICKLAND, Councilperson EVELYN NEWMAN, Councilperson ED STUART, Councilperson HAROLD RALEY, Councilperson FRANK FRANKOVICH, Councilperson Mayor -" EVELYN NEWMAN ICouncilmembers �`�, I O/ �}LL��dJ�OOd KITTEN HAJECATE ✓�'/ J MEL n MEASELES nbers TOM MANISON 109 WILLOWICK 713/482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 RAROLD RALEY _ A. FRANK FRANKOVICH City Manager RONALD E. COX City Secretary DELORIS McKENZIE, CMC September 14, 1993 HARRIS COUNTY APPRAISAL DISTRICT F.O. Box 920975 Houston, Texas 77292-0975 Re: Gilbert J. Baker - Bridgestone Development Deed Dated May 13 , 1991 from Bridgestone Development to the City of Friendswood conveying 0. 4697 Acres ( 20, 460 square feet of land) out of Reserve "A" Wedgewood Village, Section 1, Volume 146, Page 33, Harris County Map Records. Dear Harris County Appraisal District: I am enclosing herein the executed copy of the Request to Change Name or Address form in regard to the above described property. Also, enclosed please find copy of deeds. If there are any questions regarding this matter, please contact me as soon as possible. Sincerely, D Plo McKen� C City Secretary Enclosure: Mayor EVELYN NEWMAN f Councilmembers O �LL_)2C[ OKITTEN HAJECATE MEL P. MEASELES TOM MANISON 109 WILLOWICK 7131482.3323 ED STUART FRIENDSWOOD, TEXAS 77546.3898 RAROLD RALEY o _ A. FRANK FRANKOVICH City Manager RONALD E. COX City Secretary DELORIS McKENZIE,CMC Geptember 14 , 1993 Leo A. Kissner Attorney at Law K.T.SSNER & SANDVIG, P.C. 4265 San Felipe, Suite 550 Houston, Texas 77027-2974 Re: 0. 4697 Acres - 20,460 Sq. Ft. of Land Out of Reserve "A" , Wedgewood Village, Section I . Vol. 146, Pg. 33, Harris County Dear Mr. Kissner; Enclosed please find executed copy of Name and Address Change form as referenced above. Copy of Dee& are en- closed. If there are any questions regarding this matter, please contact me as soon as possible. Sincerely, Atuf' S Delores McKe zi , „MC City Secretary Enclosure: 09-02-93 02:38PM FRDLI OLSM & OLSOjt TO FRIENDSW00D P003/006 REQUESTTO CHANGE NAME OR ADDRESS PLEASE FILL OUT THE INFORMATION D ELOW AND RETURN THIS FORM TO: NAME & ADDRESS CHANGE PLEASE PRINT OR TYPE 1. OWNERSHIP INFORMATION Current Owner's Name: Ic..I~I ITIY O F t= RI 14Flnllnl . w D p T X A S Lql NATt• lull Nnmr I C/o Name fif diflerent): Mailing Address: City: L ► R I C N D S W D O n T�'�� State: r� T X zip: Telephone Number: 3 — Q — 3 3 3 38 Ct$ 2. PROPERTY DESCRIPTION Legal Description: O , rJ /p 7 A ( E 5 p p S F -r o fFIT Lanit7 bUT =FP1 2E5Crzdir q EDe- E W 000 UILLRGP SECTIoK I , VOL /44. Pe, 33 f`IhkRl5 CT-y MAP RGO-Ckt6 Purchase Date: D 5 HCAD or Tax Account Number: 1151 0 1 131 rrorn Whom Purchased: O;l P I M1 E N IT IC � Property Address: S E E LEG I A I L )I 6 S I CI p-1 t' -r / a a fl 6 o L/ E City: — �� 77 Slale: ® zip: r�c 3. ATTACH COPY OF DEED OR OTHER EVIDENCE OF TITLE 4. AFFIRMATION I am the owner of the property described above and request the Harris County Appraisal District to cliange its records to reflect Lhe information listed above. Signature /�. GU��lcL�/ Date 3�93 Any person who makes a false entry upon the foregoing record shall be subject to one of the followh penalties: 1) imprisonment of not more than 10 years nor less than 2 years and/or a fine of not mo. than $5000 or both such fine and imprisonment; 2) confinement in jail for a term up to 1 year or a fir not to exceed $2000 or both such fine and imprisonment asset forth in Section 37.10, Penal Code. 09-02-93 02:38FM FROM OLSON & OLSON TO FR[ENDSWOOD P0021/006 1 it i E I V>E D AUG 9 1 1993 KTSSNT:R & SANDVIG, P.C. 5 LEO A.F ISSNER A PROFESSIONAL CORPORATION n SmA QniAd.Fmit,taw rI Txem Bond of Lepl SM<WWUon Attorneys at Law tip, -AlDOUOLAS A.SANDVIG Bo.,d Ce"IRM.CMI T6.1 Le. 4265 Ttxr Bond d l.epl Speudw,bn —San Felipe)Suite 550 Houston, Texas 77027-2974 /y`b! (Q. /"-L? PHYLLIS A.PENN Houston, , � _ (713)8500009 N R),.f</vo" GEORGE EDWARDS Fax (713)850-1515 n,.f` �y� ; or oouvse ff+ Bond C.,&A,011,Gu G Mi.,.]Uw S>, Tw&i.N d U(d:pee4limMan August 30, 1993 Mr. John Olson Olson & Olson M Corp Plaza, Suite 3485 333 Clay Street Houston, Texas 77002 RE: Gilbert J. Baker - Bridgestone Development Deed dated May 13, 1991 from Bridgestone Development to the City of Friendswood conveying 0.4697 Acres (20,460 square feet of land) out of Reserve "A11 Wedgewood Village, Section 1, Volume 146, Page 33 Harris County Map Records. Dear John-. I am enclosing herein the request to change name or address to be sent to the Harris County Appraisal District in regard to the above described property. Please have the City of Friendswood execute the request to change name or address and forward to the Harris County Appraisal District, P. O. Box 920975, Houston, Texas 77292-0975. Please forward a copy of the original recorded deed from Bridgestone Development to the City of Friendswood with said request to change name or address. Thank you for your prompt attention to this matter. Yours truly r nclosure (� ,1 � 09-62-93 02:38Ph4 FROM OLSON & OLSON TO FR[ENDS'd'OOD P0021/006 DECEIVED AUG 3 1 1993 KISSNER & SANDVIG, P.C. LBO A.XL48NER A PROFESSx1NAL COMRATLON Bmd Cenifid,FudA'La•, Term 0oud of Leis Spec"num Attorneys at Law DOUOLAS A.SANDVIG Bmd Cenwd,Cnel TG.I 14. 4265 San Felipe,Suite 550 Team B.md d Lml5p uaWeo Houston, Texas 77027.2974 PHYLLIS A.PENN (713) 850.0004 -- Fax (713)850-1515 GEORGE RDWARDS OF COuvSEL Bmd C..*m'011,Ou 6 Mineeal U. August 30, 1993 T..WaId d['d Sp 41juti.. Mr. John Olson Olson & Olson M Corp Plaza, Suite 3485 333 Clay Street Houston, Texas 77002 RE- Gilbert J. Baker - Bridgestone Development Deed dated May 13. 1991 from Bridgestone Development to the City of Friendswood conveying 0.4697 Acres (20,460 square feet of land) out of Reserve "Ail Wedgewood Village, Section 1, Volume 146, Page 33 Harris County Map Records. Dear John: I am enclosing herein the request to change name or address to be sent to the Harris County Appraisal District in regard to the above described property. Please have the City of Friendswood execute the request to change name or address and forward to the Harris County Appraisal District, P. O. Box 920975, Houston, Texas 77292-0975. Please forward a copy of the original recorded deed from Bridgestone Development to the City of Friendswood with said request to change name or address. Thank you for your prompt attention to this matter. Yours truly e r "on closure 1' i OLSON & OLSON Attorneys at Law Three Allen Center Suite 3485 333 Clay Street Houston, Texas 77002 (713)+759-0696 Facsimile: (713) 759-0342 COVER SHi�Fi DATE: SF.PTEMBER 29 1993 TO: DELORIS MCKENZIE CITY OF FRIENDSWOOD FAX M: CODED FROM: JOHN OLSON NO.OF PAGES: 3 (Including Cover Page) Olt U G