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HomeMy WebLinkAboutNo Address - Special Warranty Deed - Mot Van PhamI 02/13/2014 "rpi $32.00I NOTICE OF CONFIDENTIALITY RIGHTS: I IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT} BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED 2014DateJanaury 13 Mot Van PhamGrantor Grantor’s Mailing Address Mot Van Pham 18310 Kings Lyon Street Houston, Texas 77058 Grantee CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas Grantee’s Mailing Address Attn: Mayor 910 South Friendswood Drive Friendswood, Texas 77546 Consideration Cash and other valuable consideration, receipt and sufficiency of which are hereby acknowledged. Property All of the property described as being a 1,728 square foot tract of land out of the Sarah McKissick Survey, Abstract 549, Harris County Texas, as more particularly described on Exhibit “A”, attached hereto and incorporated herein by reference for all purposes. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to all matters of record with the County Clerk of Harris County, Texas, affecting the Property and all matters affecting the Property that are visible on the ground or that would be shown on a current survey of the Property, but only to the extent the same are valid and enforceable. 1. Grantor reserves and excepts for itself, its successors and assigns, and its predecessors in title in accordance with their respective interests of record. 2. ^ n all oil, gas and other minerals on,, in and imder the above-described Property, but Grantor, on behalf of itself, its successors and assigns, does hereby forever release and relinquish its right to enter upon and use the surface of the Property for exploring |and drilling for, and producing and mining such oil, gas and minerals; provided, that Grantor shall have and hereby reserves the right to pool and combine such Property with other land for the purpose of exploring and drilling for, and producing and mining such minerals by virtue of operations conducted on such other lands, but not on the Property. GRANTOR AND GRANTEE HEREBY ACKNOWLEDGE THAT THE PROPERTY IS BED^G CONVEYED “AS IS” AND “WHERE IS”, WITH ALL FAULTS. THE GRANTOR HAS NOT MADE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND TO GRANTEE (WETHER ORAL, WRITTEN, OR ARISING BY OPERATION OF LAW, EXCEPT AS TO TITLE AS PROVIDED DI THIS DEED) REGARDING THE PROPERTY OF ANY NATURE, KIND, OR CHARACTER WHATSOEVER, EITHER EXPRESSED OR IMPLIED. Grantor, for the consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, sells, dedicates, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it unto Grantee and Grantee’s successors and assigns, and Grantor binds itself, its successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee’s 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, except as to the Reservations from and Exceptions to Conveyance and Warranty. fl w When the context requires, singular nouns and pronouns include the plural. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES ON FOLLOWING PAGE] 2 Grantor MOT VAN PHAM w \) By: Property ler Date: / §STATE OF TEXAS COUNTY 0¥Qid)jWsb^ The foregoing instrument was acknowledged before me this 2014, by Mot Van Pham, Property Owner. § § Q rf day of i%,RfcBECC.A ORTEGOM 1 NOTARY PUBLiC ' STATE OF TEXAS Commission Espte 05-24-2015 Notary Public, State of Texas 3 ‘Grantee' CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas By: Name: Kevin M. Hol'Mc Title: Mayor \ ATTEST:o * ’•.o % Q O o°Name: Melinda Welsh Title: City Secretary By: ;o > §STATE OF TEXAS § COUNTY OFGciVo^bHSfX § The foregoing instrument was acknowledged before me this , 2014, by U.<g,Ol.rN \\C^V\Oooa day of , acting in his/her capacity of City of Friendswood, a Home-Rule City o of theas of Texas.State HEATHER VAW DINE ”■ ' NOTARY PUBLIC ' Stale of Texas Comm. Exp. 05-12-2014 Notary Public, State of Texas After recording, return to: <^l0 ^ i i 4 EXHIBIT "A" TO DEED • • EXHIBIT"`A" . • PARCELI ; METES AND BOUNDS DESCRIPTION 0.3246 ACRE OUT OF THE SARAIfMCKISSICK SURVEY,ABSTRACT 549 FRIENDSWOOD.HARRIS tomtit,TEXAS All that certain 0.3246 ace but of the Sarah Mc1Cistick Survey' Texas sad uniey,.Abstract 549,lia::is County, being out of that certain called 10 009 acre tract as'desc'bed in a weed d 01-31-1991'from Lee-D. Scblaanger,et aL to Clear Creek Ind ent School District as filed m the Official Records of Real Property of Harris County at Clerk's Vile Number N0087d5 rind Foni Code Number 199-79-0320 and being out of that catmn called 9.726 acre tract es described ilia deed dated 02-06-1991 from Hollis C. Jacobs,et el,to Clear Creek Independent School District a filed m,the Official Records of Real Property Num ber N008703 rind From Code Number 199-79:-0314 and being'more particularly described byy metes and boards as follows(be ingsi based oa Texas Coordinate System of 1983,South Central Zone); • Commencing at a point marking the east corner of Lot 4,Blo&42,Partial Replant Wedgewood Vill„ge Section 6 accOrding to the plat thereof as filed in,Volume 224,Page 29 Harris County Map Records end marking the intersection of the southwest right-of wry line of Forest Bend Avenue(60'wide)and the northwest right-of way line of Friendswood Lank;'thence S 41•S 1'45"W-115.42'with the northwest right-of-way*of said Frieadswood Link to a set 518"iron rod with cap(stamped C.L.DAVIS-RPLS 4464)marking the south corner of said Lot 4,'thence S 41:51'41 W-86.80'to a set S/8"iron rod with 1114 cap(stamped C.L.DAVIS-RPLS 4464)marking the POINT Of BEGINNING of herein described tiact, endpoint also being located on a carve to the right having a radius of 431:07'and a central angel-of 02°39'33"; • ya€ 1, Thence with said crave and the somhwest line ofthat certain tract as described m a deed dated 08-08- ut r 2005 from Roy Rose and Associates,Ltd.to Mot Van Pbam as filed m the Official Records of Rea] Property of Harris"County at Clerk's File Number 20070108140 m arc distance of 20:01 and a chord bearing and distance of S 49°28'63"E 20.00'to a foetid 314"*ken rod for coiner, ICI 0 2: Thence S 41°51'43"W-707.26'with the existing northwesterly right-of-way line of Frieadswood �2`' Link and the southeast line of said 9.726 acre tract and the Metheist line of said 10.009 acre tract to a � a� point for comer; 3. Thence N'47°34' 19"W-20.00'with the southwest line of said 10.009 acre tract to a point for corner(unable to net due to fence posh 4. Theence N 41.11'45".E-706.60''with the proposed northwesterly right-of-way line of Friendswood Link to the POINT OF BEGINNING and containing"0.3246 acre(14139 square feet)of lurid more or less. This metes end bounds ofProfesaonal Land description is accompanied Pran to,• P>>}. �or exhlbrt per TTexasBoard Surveyor's`Yiedersl Riles ooeducus and Practices"Section 663.19(9). Compiled by;C L,Davis a Company - ' dF..C Job Numben.11.1021-CCISD-PARCEL-1 M&B.doc 07-09-2013 /' . * 's; C.L DAVIS "• ` �y0 ttUlt 4 / • 14-102t RAR EL-man i RECORDER'S MEMORANDUM: At the time of recordation, this Instrument was found to be inadequate for the best photographic reproduction because of illegibility, carbon or photo copy,discolored paper,etc.All blockade, additions and changes were present at the time 5 the instrument was filed and recorded. f I ! f..;1 . 2D ^ ? 1 c; rrj C23 CO •U-;;s - C' i m:-i-!CK3 ,!' rat'ic p X jv r •ri V ©a >;cn f N Vr • 523 W i « I ANVPROmN£REHmHieH(nS1}£SAUISnM,(»l££0?lHEDE^ FfmRIYBECWSEOFI^amiSIWAIfiUeHni^lJICetF^ THE STATE OF TEXAS COUNTY OF HARRIS 1 oiA M Ni htimt «t) FUD In Fk IM» S«|ura « h M nl al N te ^ hem br!«Slid es lUf I^CCf)[fO;n OS^ PJtfc RkoA d N Ft(!w^ CcrtuteJ FEB 13 2014 aOUNWSkiSK HARRIS e§yfm', TIMAS '?e_a14,CHrow"9,g NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING W INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 201.4018842 05/05/2014 RPi $32.00 SPECIAL WARRANTY DEED Date Janaury 13 2014 Grantor Mot Van Pham Grantor's Mailing Address Mot Van Pham 18310 Kings Lynn Street Houston,Texas 77058 f � Grantee CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas Grantee's Mailing Address _ Attn: Mayor 910 South Friendswood Drive Friendswood, Texas 77546 Consideration Cash and other valuable consideration, receipt and sufficiency of which are hereby acknowledged. Property All of the property described as being a 1,728 square foot tract of land out of the Sarah McKissick Survey, Abstract 549, Harris County Texas, as more particularly described on Exhibit "A", attached hereto and incorporated herein by reference for all purposes. Reservations from and Exceptions to Conveyance and Warranty 1. This conveyance is made by Grantor and accepted by Grantee subject to all matters of record with the County Clerk of Harris County, Texas, affecting the Property and all matters affecting the Property that are visible on the ground or that would be shown on a current survey of the Property, but only to the extent the same are valid and enforceable. 2. Grantor reserves and excepts for itself, its successors and assigns, and its predecessors in title in accordance with their respective interests of record, ** ADDING CORRECTED EXHIBIT A 04/24/14 all oil, gas and other minerals on, in and under the above-described Property, but Grantor, on behalf of itself, its successors and assigns, does hereby forever release and relinquish its right to enter upon and use the surface of the Property for exploring and drilling for, and producing and mining such oil, gas and minerals; provided, that Grantor shall have and hereby reserves the right to pool and combine such Property with other land for the purpose of exploring and drilling for, and producing and mining such minerals by virtue of operations conducted on such other lands, but not on the Property. GRANTOR AND GRANTEE HEREBY ACKNOWLEDGE THAT THE PROPERTY IS BEING CONVEYED "AS IS" AND "WHERE IS", WITH ALL FAULTS. THE GRANTOR HAS NOT MADE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND TO GRANTEE (WETHER ORAL, WRITTEN, OR ARISING BY OPERATION OF LAW, EXCEPT AS TO TITLE AS PROVIDED IN THIS DEED) REGARDING THE PROPERTY OF ANY NATURE, KIND, OR CHARACTER WHATSOEVER, EITHER EXPRESSED OR IMPLIED. � I Grantor, for the consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, sells, dedicates, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it unto Grantee and Grantee's successors and assigns, and Grantor binds itself, its successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's 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, except as to the Reservations from and Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. [REMAINDER OFPAGE INTENTIONALLYLEFT BLANK] [SIGNATURES ON FOLLOWING PAGE] i 2 "Grantor" MOT VAN PHAM By: /%LU" Property / er Date: / !�� STATE OF TEXAS § COUNTY OF(Id S § The foregoing instrument was acknowledged before me this �Mrt day of 2014, by Mot Van Pham,Property Owner. - tt Notary Public, State of Texas i 3 "Grantee" CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas By: �i N1 4 Name: Kevin Title: Mayor ATTEST: 0 . 5 -� s ►�1 Name: Melinda Welsh Title: City Secretary ° STATE OF TEXAS § °°^TF OF COUNTY OFCQW4,Db5r� § The foregoing instrument was acknowledged beforV me this �L(�M1 day of RCa o ff-y � \, 2014, by Q�i_� ���\0. , acting in his/her capacity as �I1s"mn of City of Friendswood, a Home-Rule City o of the State of Texas. HEATHER VAN DINE NOTARY PUBLIC �}� '���la•��u� r; State of Texas ••.....j Comm.Exp.05-12.2014 Notary Public, State of Texas After recording, return to: �s7< Z`z/5 (llrzCay a�} X05� qlo s. 12-ZWastvvoxA 09' ��,rrZves Wovb, Tx z�.�-�l 4 EXHIBIT"A" PARCEL2 METES AND BOUNDS DESCRIPTION 1,728 SQUARE FEET OUT OF THE SARAH MCKISSICK SURVEY,ABSTRACT 549 FRIENDSWOOD,HARRIS COUNTY,TEXAS All that certain 1,728 square feet out of the Sarah McKissick Survey,Abstract 549,Harris County,Texas and being out of that certain tract as described in a deed dated 08-08-2005 from Roy Rose and Associates, Ltd.to Mot Van Phani as filed in the Official Records of Real Property of Harris County at Clerk's File Number 20070108140 and being more particularly described by mates and bounds as follows(bearings based on Texas Coordinate System of 1983,South Central Zone); Commending at a point marking the east comer of Lot 4, Block 42,Partial Replat Wedgewood Village Section 6 according to the plat thereof as riled in Volume 224, Page 29 Harris County Map Records and marking the intersection of the southwest right-of-way line of Forest Hand Avenue(60' wide)and the northwest right-of-way line of Friendswood Link;Thcnee S 41*51'45"W-- 113,42'with the northwest right-of-way line of said Friondswood Link to a set 5)8"iron rod with cap(stamped C.L,DAVIS-RPLS 4464) marking the south corner of said Lot 4 and marking the POINT OF BEGINNING of herein described tract: Tq L Thence S 470 50' 05"E—20.00' with the northeast line of said Mot Van Pharr tract to a point for Comer from which a found 1./2"iron rod with cap stamped"RPLSS 2753"bears S 46°35'39"E 0.41% 2, Thence S 41°51'45'W-•86,23'with the southeast line of said Mot Van Pharr tract to a found 3/4" .i iron rod for comer,said point also being located on a curve to the left having a radius of 431.07'and a central angel of 020 39'33", { 3. Thence with said curve and the northeast line of that certain called 9.726 acre tract as describrl in a deed dated 02.06-1991 from Hollis C-Jacobs,at at. to Clear Creek Independent School District as filed in the Official Records of Real Property of Barris County at Clerk's File Number N008703 mid Film Code Number 199-79-0314 an we distance of 20.01' and a chord hearing and distance of N 490 28'03"W—20.00'to a set 5/8"iron and with cap(stamped C.L. DAVIS-• RPLS 4464)for comer; 4. Thence N 41°5 P45"E—86.80'with the proposed northwest right-of-way line of Friendswood Link to the POINT OF BEGINNING and containing 1,728 square feet(0.0797 acre)of land more or Icss. d This motes and bounds description is accompanied by a separateplat,drawing or exhibit per Texas Board t� of Professional Ladd Surveyor's"Gencral Rules of Procedures and Practices"Seed 63.19(9)_ 3 - or Compiled by,C-L,Davis&Company if �r'{'. .ff Job Number: 11-1021-P1iAM-PARCEL-2 M&B,doc 0709-2013 C.L.DAVIS t tea_. A.464 -v SUR RECORDER'S P^,r?1ORANDUTA: At the time of recordatlon, this Insu'ument was found to be Inadequate for the boat photographic rb4a2l-P)f"f-PARCEI,SMS11 reproducilon because of Illoplblllt%, carbon or photo copy, discolored peper, elc.All blookouts, additions and charlo,os Worn pro3cnt at the time the instrument was filed and recorded. Initial for identification by Buyer Seller CORRECTED 04/24/14 t� I I FILED FOR RECORD N 0:00 AM MAY' 5 ?0% County Clerk Harris County,Texas uo�nsw�rraninstscrsa�soe�n,a�ernsorstniterbx THE STATE STATE TL4EOF TEXAS 9gA.A BAewnNO 6lFE�BIIBFARWL T H ,S COUNTY OF HARRIS �kml�//al itmm�gmPo®iRNels9Rgmg1llxl�IqGaA ARaun+6WDpal�akOfdlP�khm�6dAiFepl�dNnt MAY -5 2014 COUNTY CLERK HARRIS COUNTY,TEXAS RESOLUTION NO.R2014-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF FRIENDSWOOD LINK ROAD; ACCEPTING THE DEDICATION OF SAID LAND FROM MOT VAN PHAM,PROPERTY OWNER. WHEREAS, the City Council of the City of Friendswood now finds and determines that public convenience and necessity requires the City of Friendswood to acquire property over and across a tract of land containing 1,728 square feet for the maintenance, operation, inspection, replacement, repair, and removal of certain public utility infrastructure in the City of Friendswood, Texas, a more specific description of said 1,728 square feet tract of land is contained in Exhibit "A", Special Warranty Deed, and made a part thereof, (herein after the "Land"); and WHEREAS, the City of Friendswood, through its duly authorized representative, has negotiated with the owners of said tract of land for the dedication of such property for the herein stated purpose and has been able to agree with such owners as to the fair market value thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,TEXAS: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The City Council of the City of Friendswood finds that bona fide negotiations have been conducted by the authorized representative of the City for the acquisition of the property over the herein described tract of land, and that said negotiations were successful, and that the acquisition of the property for the negotiated price is approved. Section 3. The City Manager, or his designees, is here authorized to execute any documentation necessary to purchase and/or close of the subject property. Section 4. The Mayor is authorized to execute any documentation necessary to accept, document, and record said Deed. PASSED,APPROVED,AND RESOLVED this 13th day of January,2014. Kevin M. Holland Mayor ATTEST: Melinda Welsh TRMC O� ��� City Secretary (P TF®F� • . 82014-03 2