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HomeMy WebLinkAboutResolution No. 2008-67RESOLUTION NO. R2008-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, OPERATION, INSPECTION, REPLACEMENT, REPAIR, AND REMOVAL OF CERTAIN PUBLIC IMPROVEMENTS AS PART OF THE EL DORADO/FRIENDSWOOD LINK ROAD PROJECT FOR THE CITY OF FRIENDSWOOD, TEXAS; APPROVING THE PURCHASE OF SAID EASEMENT FROM ROBERT BYRON GINN, 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 right-of-way over and across a tract of land containing 113 square feet for the construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public improvements in the City of Friendswood, Texas, a more specific description of said 113 square feet tract of land is attached hereto as Exhibit "A" 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 purchase of such right-of-way 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 right-of-way over the herein described tract of land, and that said negotiations were successful, .and that the acquisition of the right-of-way for the negotiated price is approved. Section 3. The Mayor is authorized to execute any documentation necessary to accept, document, and record said purchase of right-of-way. PASSED, APPROVED AND RESOLVED on this 18th day of August, 2008. � ft David J. H. Smith Mayor ATTEST: Melinda K. Welsh Deputy City Secretary R2008-67 2 20090030713 0112612009 RP3 $36.00 STATE OF TEXAS § § COUNTY OF HARRIS § RIGHT-OF-WAY ACQUISITION AGREEMENT State of Texas, County of Harris We the undersigned, Robert Byron Ginn, herein known as the "SELLERS", residing at 16522 Bougainvilla Boulevard, City of Friendswood, in Harris County, Texas, do hereby agree to GRANT, SELL and CONVEY and DEDICATE right-of-way over land owned by Sellers to the City of Friendswood, Harris County, Texas, herein known as the "BUYER" herein, to be used as permanent non-exclusive public street right -of way in, over, under and across the following described property situated in Harris County, Texas, to wit: Lot 13, Block 2, Wedgewood Village, Section 7, Harris County, Texas Commonly known as: 16522 Bougainvilla Lane, Friendswood, Texas 77546, Said dedication being for the 113 sq.ft. (southeast corner) parcel of the said property, as described by attached Exhibit A and as Tract 6 for El Dorado Boulevard Route Right of Way acquisition, with all rights, privileges and appurtenances pertaining thereto, including but not limited to: claims, permits, strips and gores, easements, and association memberships. Sellers agree to dedicate and transfer the 113 sq.ft. land parcel known as Tract 6 for the Sales Price of : EIGHT HUNDRED DOLLARS ($ 800.00) Initial for identification by Buyer 5E2- Seller f .G , Continued.... N 0 Cn t in # PROPERTY CONTRACT Page 2 Tract 6 or 113 sq.ft. (SE corner) of 16522 Bougainvilla Lane, Friendswood, TX TERMS AND CONDITIONS: 1) Buyer is to pay all costs associated with transfer of ownership, registration, and required legal documentation of said 113 sq.ft. land parcel Tract 6. 2) The contract is subject to approval and acceptance, including partial release of deed of trust if necessary, with no changes to existing mortgage terms, by the lending institution that is the mortgagor of the property, before the Closing Date, if applicable. 3) Property to be purchased in "as is" condition. 4) Sellers warrant that their Title to the 113 sq.ft. Tract 6 parcel is good, is transferable to the Buyer fully and without dispute, and will be free and clear of all liens and encumbrances when transferred to the Buyer. 5) Buyer shall ensure the south fence on remainder of the Sellers' property is modified to functionally line the south boundary of the property. 6) City of Friendswood agrees to adjust tax assessment of the property to reflect a decrease in the entire site size by 113 sq.ft. 7) Acceptance and approval of the transaction by the Wedgewood Homeowners Association. Closing of the sale will be on or before O C I o b e-,-- /-5-- , 2008. At closing, 1) Seller shall execute and deliver a general warranty deed dedicating the 113 sq.ft. Tract 6 to Buyer as right-of-way in, over, under and across the described property, and further warrant there are no delinquent taxes on the Property. 2) Buyer shall pay the Sales Price in good funds to the Seller, 3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents required of them by this contract or law necessary for the closing of the sale. 4) All covenants, representations and warranties in this contract survive closing. Continued... Initial for identification by Buyer Seller _'. PROPERTY CONTRACT Page 3 Tract 6 or 113 sq.ft. (SE corner) of 16522 Bougainvilla Lane, Friendswood, TX Seller shall deliver to Buyer possession of Tract 6 in its present condition upon closing and funding. Expenses payable by Buyer (Buyer's Expenses), but not limited to: Preparation of documents, recording fees, expenses incident to the ownership of said land parcel, and other expenses payable by the Buyer under this contract. DEFAULT If the Sellers fail to comply with this contract for any reason, Sellers will be in default and Buyer may enforce specific performance or seek such other relief as provided by law. MEDIATION It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Sellers and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. ATTORNEY'S FEES: (1) As noted on Page 1, Buyer is to pay all costs associated with transfer of ownership, registration, and required legal documentation of Tract 6 land parcel. (2) The prevailing party in any legal proceeding related to the disputes in the contract, as outlined in Mediation paragraph above, is entitle to recover reasonable attorney's fees and all costs of such proceeding incurred by the prevailing party. ENTIRE AGREEMENT This contract sets forth the entire agreement between the parties with respect to the subject matter hereof, and all prior discussions, representations, proposals, offers, and oral or written communications of any nature are entirely superseded hereby and extinguished by the execution of this contract. No modification of, or waiver of any right under, this contract will be effective unless it is evidenced in a writing executed by an authorized representative of each party to this contract. Continued... Initial for identification by Buyer Seller. 1ty PROPERTY CONTRACT Page 4 Tract 6 or 113 sq.ft. (SE corner) of 16522 Bougainvilla Lane, Friendswood, TX JOINT SEVERABILITY The phrases, clauses, sentences, paragraphs or sections of this contract are severable and, if any phrase, clause, sentence, paragraph, or section of this contract should be declared invalid by the final decree or judgment of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this contract. Time is of the essence for this contract. FAIR CONSTRUCTION By execution of this contract, the parties acknowledge that they have read and understand each provision, term, and obligation contained in this contract. This contract, although drawn by one party, shall be construed fairly and reasonably and not more strictly against the drafting party than the non -drafting party. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand -delivered at, or transmitted by facsimile or electronic transmission as follows: To the Buyer: City of Friendswood, 910 S. Friendswood Dr. Friendswood, Texas 77546 Tel. 281-996-3293 To the Seller: Robert Byron Ginn 16522 Bougainvilla Lane Friendswood, Texas 77546 Tel. 281-648-9581 Fax 281-996-3260 Fax Email: c� herepes a,ci.friendswood.tx.us Email: Executed the V� day of �st, 2008 (Effective Date), in the City of Friendswoodd, Harris County, Texas. 17 Seller Gann Buyer C'lty*of Friendswood Date of Acceptance a-� Date of Acceptance Attached: Exhibit "A" and Survey of Tracpl�ocmdoo}i@1AQl� ignment project. S i' OF T E x'4 L �r+�J 4 AMY K. BAUGH NOTARY PUBLIC STATE OF TEXAS P, �Y J!ti TY - f!_ f/ S7✓�V �'ro"' MY COMMISSION EXPIRES JULY 9, 2011 sir r sry a 0 IV' ln' C , l7 k, x �a i, y EXHIBIT "A" El Dorado Boulevard Tract No. 6 0.0026 Acres-1 13 Square feet Sarah McKissick Survey, A-549 Page 1 of 1 Being a 0.0026 acres (113 square feet) parcel of land situated in the Sarah McKissick I Survey, Abstract 549, Harris County, Texas and being out of Lot 13, Block 2, Wedgewood Village, Section Seven, a subdivision recorded under Vol. 239, Pg. 6 of the Harris County Map Records (H.C.M.R.). The said Lot 13 conveyed by a warranty deed from Joseph Virion and Emma Ruth Virion to Robert Byron Ginn executed on June 20, 2007 and recorded under Harris County Clerk's File (H.C.C.F.) No. 20070380356 and Film Code No. 045-98-1688, Official Public Records of Real Property of Harris County (O.P.R.R.P.H.C.). The said 0.0026-acre parcel of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch iron rod on the easterly corner of the said Lot 13, the same point also being on the intersection of southwesterly right-of-way line of Bougainvilla Lane (60' wide) and northwesterly right-of-way line of Friendswood Link Road (100' wide); t THENCE, South 41058'08" West, along the common line of southeasterly line of said Lot 13 and the said northwesterly right-of-way line of Friendswood Link Road, a distance of 15.00' to a 5/8-inch iron rod with cap set for southerly corner of the herein described parcel; THENCE, North 03011118" West, a distance of 21.16' to a 5/8-inch iron rod with cap set pn for the northerly corner of the herein described parcel, the same point also being on the common line of northeasterly line of the said Lot 13 and southwesterly right-of-way line of said Bougainville Lane; THENCE, South 48019'54'` East, along the said common Mine of northeasterly line of the V) U N said Lot 13 and southwesterly right-of-way line of Bougainvilla Lane, a distance of 15.00, 5 V '_-0 to the Point of BNinning and containing0.0026 acres 113 square feet of land more or ( q ) a �- N G. �: less. z L ws _ mt7 �ya All bearings and coordinates are based on the Texas State Plane Coordinate System, Cr South Central Zone (NAD 83). All distances and coordinates shown herein are surface ©o ? and may be converted to grid by multiplying by a combined adjustment factor of 0.999872902. W w ' 2 :� - G �rivc:.� CC-5C�ji0'� This description is based on the El Dorado Boulevard Route Survey Map prepared for a 0 8 the County of Harris by Bahong Kuo, R.P.L.S. No. 5270 (Sheet 4/7).�n� A-rTIv, Geale r CAt�e�otss C/ � �Tr of F-,�PnJjwod 9/ryS Fri P ✓+�f v✓v ud� T X 7 7SS[� - r �/Sb i(,(r%&P-;7 M - S A R A H McKISSICK S URVEY, A 4 9 L25, L26 25.14' C29 Radius 25' Length 39-41' L27, L28 24.86' C30 Radius 25' Length 39-13' L29, L31, L32, L34 15.00' L30 21-16' L33 21.25' C, Is E� 1) i IVEDGEWOOD VILLAGE • FIEDGEIVO VILLAGE 60 VILLAGE 5ccT $Evvv SECTION SE N 0 BLOCK 0 X?2) 1.7 SEVEN SE - SEVEN & P,.-, 6, Hc,WR -'9 0 L V3 Vol ,jq C14 I 0 L Vn ?149. Pf F. h. C.M. R q 75AC —C� -2-i 7 9 AC. 0 22 5 4 JOSE I'L AND ISABEL HFRNANDC 19-7 5—A -C ROBERT BYPON C-IN14 k.C.C.F, No. 7333840 PkALIL A KIESSLING H 4ARVIN C & MFTIA hil BM41LER F. No X595885 M.. 20070380-Mck Fi�t.AjcODF No. 022-46--,2039 H.C,C F No. 5315994 F� m CODE No -ODE NO 58 FiL OjILM. CODE No, S, 0.002 U0c. 025 L M0,0036-11 00031 nc, L29. L P.Q8.: TRACT-6 P.O.S.: TRACT-7 P,01: c-,— 4 FUD..VW .M P.G.C.: TRACT -IA 142' WON ROD -'FND.: a RODui P.O.P.: TRACT Z- JON ROD . FRIENfYWO TD L RD. 46, _7 009, PC. 536, H-63-. 0 , 13' , VOL 2,39. PG 101.. ft, Pr; 7.9 ,.1. C. m R. t b '1 i ` rs f ; FOREST- &ENDI SECTION SIX/ }E i y &OCK 7� OLC-(� is Vol 166, VVaus�TMECWIOL ,w4rcdwft o JAN 2 6 2009