HomeMy WebLinkAboutResolution No. 2008-80RESOLUTION NO. R2008-80
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 PAUL KIESSLING, 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 132 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 132 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 201h day of October, 2008.
. .............
i
Da ith
Mayor
ATTEST:
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A,�oa�
1 v 0
oris McKenzie, T C
City Secretary #
R2008-80 2
0f/261 O3 * 00
STATE OF TEXAS §
COUNTY OF HARRIS §
RIGHT-OF-WAY ACQUISITION AGREEMENT
State of Texas, County of Harris
We the undersigned, Paul Kiessling, herein known as the "SELLER", residing at 16523
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 14, Block 2, Wedgewood Village, Section 7, Harris County, Texas
Commonly known as:
16523 Blackhawk Boulevard Lane, Friendswood, Texas 77546,
Said dedication being for the 132 sq.ft. (southwest corner) parcel of the said property,
as described by attached Exhibit A and as Tract 5 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.
Seller agrees to dedicate and transfer the 132 sq.ft. land parcel known as Tract 5 for the
Sales Price of :
TEN THOUSAND DOLLARS ($ 10,000.00 )
Continued....
Initial for identification by Buyer Seller
PROPERTY CONTRACT Page 2
Tract 5 or 132 sq.ft. (SW corner) of 16523 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 132 sq.ft. land parcel Tract 5.
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 132 sq.ft. Tract 5 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 132 sq.ft.
7) Acceptance and approval of the transaction by the Wedgewood Homeowners
Association.
Closing of the sale will be on or before _October 30_, 2008. At closing,
1) Seller shall execute and deliver a general warranty deed dedicating the 132 sq.ft.
Tract 5 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 5 or 132 sq.ft. (SW corner) of 16523 Blackhawk Boulevard,
Friendswood, TX
Seller shall deliver to Buyer possession of Tract 5 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 5 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
PROPERTY CONTRACT Page 4
Tract 5 or 132 sq.ft. (SW corner) of 16523 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: cg_herepesLa)ci.friendswood.tx.us
Executed the ;� 0 day of 06—ko 6,e- y-,
Friendswoo . Harris Counw�'Texas7T /
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Buyer .7 City of Fr endswood
To the Seller:
Paul Kiessling
16523 Blackhawk Boulevard
Friendswood, Texas 77546
Tel. 281-627-2747
Fax
Email:
ive D e), in the City of
l 1-2 5 Joy
Date of Acceptance
Attached:
Exhibit "A" (Metes and Bounds of Land Parcel) � S �flflMl
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Survey of Tract 4 to 7 of El Dorado Boulevard Alignment prof j My Comn*Ww E*im:
S ?ATE OF TEXAS M• Mamh 13, 2011
COUNT/ OG h'4RR/S
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EXHIBrr "A"
El Dorado Boulevard
Tract No. 5
0.0030 Acres-132 Square feet
Sarah McKissick Survey, A-549
Page 1of1
Being a 0.0030 acres (132 square feet) parcel of land situated in the Sarah McKissick
Survey, Abstract 549, Harris County, Texas and being out of Lot 14, in Block 2, of
`lUedgewood Village, Section Seven, a subdivision recorded under Vol. 239, Pg. 6 of the
Harris County Map Records (H.C.M.R.)..The said Lot 14 conveyed by a general
warrmaty deed from Mary Pope Kiessling to Paul A. Kiessling executed on April 26, 2004
and recorded under Harris County Clerk's File (H.C.C.F.) No: X595885 and Film Code
No. 585-72-0278, Official Public Records of Real; Property of Harris County
(O.P.R.R.P.H.C.). The said 0.0030-acre parcel of land being more particularly described
by metes and bounds as follows:
BEGINNING at a found 518-inch iron rod on the southerly comer of the said Lot 14, the
same point also being on the intersection of northeasterly right-of-way rme of l3lackhawk
Boulevard (100' wide) and northwesterly right-of-way line of Friendswood Link Road
(1W wide); A.
THENCE, North 4802944` West, along the common line of southwesterly line of said Lot
14 and the said northeasterly right-of-way line of Blackhawk Boulevard. a distance of
24.86' to a 518-inch iron rod with cap set for westerly corner of the herein described
parcel, the same point also being the beginning of a non -tangent curve to the left;
THENCE, Northeasterly, 39AX akxtg the arc of the said curve to the left having a radius
of 25-W, a central angle of 89°41'08' and a chord which bears North W48'42' East,
35.26' to a 5/fHnch iron rod: with cap set for the easterly corner of the herein described
parcel. the same paint also being on the common line of southeasterly Brie of the said
Lot 14 and nortlrnrestedy right-ok"y line of said Friendswood link Road;
THENCE, South 41058'34' West, along the said common line of southeasterly tine of the
said Lot 14 and northwesterly right-of-way Arne of Friendswood Link Road, a distance of
24.86' to the Point of Bm-kini in and contakiing 0.0030 acres (132 square feet) of land,
more or less.
AN bearings and coorcknates 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 417).
RECORDER'S MEMORANDUM:
At the time of (eccrdation, This instr arnent was
found to be tre bast photogiaphic
eprcdu��lon bt�,ause rN 1tleqibility, cart7an or
/ {� �i � :•' '• ;9 phet:, Copy, Ii:,G)iQrea paper, etc. A.t! blaCku�rts
e i l (' e e! / �o P { r y��� ���•�� addibcns and char" yes wera present at the lime,
% / ` 9 4 d. the instrument wes filed and recorded
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