HomeMy WebLinkAboutResolution No. 2008-66RESOLUTION NO. R2008-66
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 MARVIN BEEHLER, 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 138 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 138 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 this 18th day of Au ust, 2008.
ATTEST:
Melinda K. Welsh
Deputy City Secretary
David J. H. §mith
Mayor
� � v
OF
R2008-66 2
/I
01 20090030714/2209R40
STATE OF TEXAS §
§
COUNTY OF HARRIS §
RIGHT-OF-WAY ACQUISITION AGREEMENT
State of Texas, County of Harris
We the undersigned, Marvin C. Beehler, herein known as the "SELLERS", residing at
16522 Blackhawk 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 3, Wedgewood Village, Section 7, Harris County, Texas
Commonly known as:
16522 Blackhawk Boulevard, Friendswood, Texas 77546,
Said dedication being for the 138 sq.ft. (southeast corner) parcel of the said property, as
described by attached Exhibit A and as Tract 4 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 138 sq.ft. land parcel known as Tract 4 for the
Sales Price of :
EIGHT HUNDRED DOLLARS ($ 800.00)
Initial for identification by Buyer �C Seller
Continued....
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PROPERTY CONTRACT Page 2
Tract 4 or 138 sq.ft. (SE corner) of 16522 Blackhawk Boulevard,
Friendswood, TX
TERMS AND CONDITIONS:
1) Buyer is to pay all costs associated with transfer of ownership, registration, and
required legal documentation of said 138 sq.ft. land parcel Tract 4.
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 138 sq.ft. Tract 4 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 138 sq.ft.
7) Acceptance and approval of the transaction by the Wedgewood Homeowners
Association.
8) For additional terms and conditions, see "Addendum A"
Closing of the sale will be on or before 0 C 4 / S , 2008. At closing,
1) Seller shall execute and deliver a general warranty deed dedicating the 138 sq.ft.
Tract 4 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 4 or 138 sq.ft. (SE corner) of 16522 Blackhawk Boulevard,
Friendswood, TX
Seller shall deliver to Buyer possession of Tract 4 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 4 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)
14
PROPERTY CONTRACT Page 4
Tract 4 or 138 sq.ft. (SE corner) of 16522 Blackhawk Boulevard,
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
Fax 281-996-3260
Email: cherepeskei.friendswood.tx.us
To the Seller:
Marvin Beehler
16522 Blackhawk Boulevard
Friendswood, Texas 77546
Tel. 281-910-3707
Fax
Email:
Executed the 1 q day of I 1 V�, 2008 (Effective Date), in the City of
Friendswood, Harris County, Texas.
Seller "riendsw"Ood
C. SeeAIer- DateofAcceptance
9 '2
Buy City Date of Acceptance
Attached:
Exhibit "A" (Metes and Bounds of Land Parcel)
Survey of Tract 4 to 7 of El Dorado Boulevard Alignment project.
Addendum A — Additional Terms and Conditions.
S i y 'TC ej1 i E J4-lS
C41 U!l!'j i OF
VCF-
AMY K. BAUGH
NOTARY PUBLICSTATE OF TEXASMY COMMISSION EXPIRES
' ' JULY 9, 2011
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ADDENDUM "A"
as part of
RIGHT-OF-WAY ACQUISITION AGREEMENT
As part of the agreement regarding Right -of -Way Acquisition Agreement, for dedication
of 138 sq.ft. (southeast corner) parcel, also known as Tract 4 for El Dorado Boulevard
Route Right -of -Way acquisition, as part of the property commonly known as
16522 Blackhawk Boulevard, Friendswood, Texas 77546,
as signed by the Seller, Marvin C. Beehler, on em bee 3 , 2008,
the following terms and conditions are included in the agreement.
1) To ensure there are no future disputes regarding the title of the land tract, the
Seller is to execute an Heirship Affidavit regarding his wife's will, as
recommended by the Title Company and their attorney. The Buyer shall pay for
all costs associated with the preparation, completion and registration of the
document.
2) The Seller shall arrange to have a Title Insurance policy for Tract 4 for the Buyer,
and the Buyer shall pay for all expenses related to arranging the Title Insurance
policy.
I - > -2-1),C1
Date: V .�? - 0
Seller, Marvin C. Beehler
Date: ? 2-7 — & e
Buyer, for th City of Friendswood
�t�oocooc�aoo
��arr AMY K. BAUGH
NOTARY PUBLIC
b STATE OF TEXAS
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EXHIBIT "A"
El Dorado Boulevard
Tract No. 4
0.0031 Acres-136 Square feet
Sarah McKissick Survey, A-549
Page 1 of 1
Being a 0.0031 acres (136 square feet) parcel of land situated in the Sarah McKissick
Survey, Abstract 549, Harris County, Texas and being out of Lot 13, in Block 3, of
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 Val L. Johnson and Gayla P. Johnson to Marvin Carl Bee'hler and Meta M Beehler
executed on February 3, 1997 and recorded under Harris County Clerk's File (H.C.C.F.)
No. S315994 and Film Code No. 511-79-2056, Official Public Records of Real Property
of Harris County (O.P.R.R.P.H.C.). The said 0.0031-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 Blackhawk
Boulevard (100' wide) and northwesterly right-of-way line of Friendswood Link Road
(100' wide); -%
THENCE, South 41 °58'08" 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
25.14' to a 5/8-inch iron rod with cap set for southerly comer of the herein described
parcel, the same point also being the beginning of a non -tangent curve to the left;
THENCE, Northwesterly, 39.41' along the arc of the said curve to the left having a radius
of 25.00', a central angle of 90*18'52" and a chord which bears North 03011'l8" West,
35.45' to a 5/8-inch iron rod with cap set 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 Blackhawk Boulevard;
WHENCE, South 48021'04" East, along the said common line of northeasterly line of the
said Lot 13 and southwesterly right-of-way line of Blackhawk Boulevard, a distance of
25.14' to the Point of Beginninq and containing 0.0031 acres (136 square feet) of land,
more or less.
All bearings and coordinates are based on the Texas State Plane Coordinate System,
South Central Zone (NAD 83). All distances and coordinates shown herein are surface
and may be converted to grid by multiplying by a combined adjustment factor of
0.999872902.
This description is based on the El Dorado Boulevard Route Survey Map prepared for
the County of Harris by Bahong Kuo, R.P.L.S. No. 5270 (Sheet 4/7).
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