HomeMy WebLinkAboutResolution No. 2014-02 RESOLUTION NO.R2014-02
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
THE CLEAR CREEK INDEPENDENT SCHOOL
DISTRICT,PROPERTY OWNERS.
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 0.3246 acres 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 0.3246 acre 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 13"'day of January,2014.
Kevin M. Holland
Mayor
ATTEST:
••°°FRIE/�p°.
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Melinda Welsh, TRMC
City Secretary .:
. .
82014-02 2
R2014-02
�~— Exhibit A
02/13/20t4 RPI $32.00
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
V j INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
V 1� RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date January 13 2014
Grantor CLEAR CREEK INDEPENDENT SCHOOL DISTRICT, as auth"..z d bE
Resolution of the Board of Trustees dated October 28,2013. D
Grantor's Mailiniz Address " ' Cl)
Attn: Superintendent n w
2425 E. Main Street
League City, Texas 77573
Grantee CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas
01 Grantee's Mailing Address
(0 Attn: Manor
910 South Friendswood Drive
Friendswood,Texas 77546
T-11
Consideration
Cash and other valuable consideration, receipt and sufficiency of which
I are hereby acknowledged.
y Property
All of the property described as being a 0.3246 acre tract of land out of the
r, 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,
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.
Grantor, for the consideration and subject to the Reservations from and
Exceptions to Conveyance and Warranty, grants, sells, dedicates, and conveys to Grantee
4< 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.
({3'
5'
When the context requires, singular nouns and pronouns include the plural.
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2
"Grantor"
CLEAR CREEK INDEPENDENT SCHOOL DISTRICT � -
By:v Y
Ann Hammond, President, Board of Trustees
Date: &O W
STATE OF TEXAS §
COUNTY 01771)4-_ §
The foregoing instrument was acknowledged before me this 2d day of
2014, by Ann Hammond, acting in her capacity as President of and on
behalf of t Board of Trustees of Clear Creek Independent School District.
(
YPUB JOLENE M,ENCEL
Notary Public,State of Texas 4P"ublic,—Mtate Texas
F�
Nq�OFtPS My Commission Expires
August 5,2014
tats
3
"Grantee"
CITY OF FRIENDSWOOD,
a Home-Rule City of the State of Texas
By: � � U
Name: Kevin M. Hol nd
Title: Mayor
ATTEST: e
�� �j°�•G� Vt�IC
IyQ Ge.
By. ;0;
Name: Melinda Welsh
Title: City Secretary
°
STATE OF TEXAS OF 1
N COUNTY OF Gad' u-s{�. §
VJ
The foregoing instrument was acknowledged before me this day of
5 C) 2014, by acting in his/her capacity
as of City of Friendswood, a Home-Rule City o of the
S s
�f1 ;o�"•P�'`m�: HEATHER VAN DINE
NOTARY PUBLIC
R ••;�' e i State of Te"a
L}�� ;
Jf Comm.Fm p5_72_P014 Notary Public, State of Texas
After recording, return to
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Z l C7 Sf �✓L�iu.D s�oU� 1��-'
4
EXHIBIT "A"
TO DEED
BXF�IC"A°
PAFXM J
MMM AND BOUNDS DESCRWMN
0.3246 ACREOUr OFTHE
SARAHMC[USSITYC SURVEY.ABSTRACT 549
FRIHVDSWOOD.HARRLS COUNFY.TMM
All that certain 0.3246 we out of the Sash MoKisddc Survey,Abstract 549,Herds Comdy.Tessa sad r
being out of that catam Wind 10.009 ass tmac as described is a deed dated 01-31-1991 Baer Lee D.
Seilaagai. at aL to Clear C kook Independent School District a filed in the OlRdd Reoordt of Real
Property of Hams County at Clak•s Fib Number N009705 sod Film Code Numuber 199.794320 ad
being out of the caaio called 9.726 use"a as desaibod in s deed dated 02-06-1991 film Hollis C.
Jacobs,at at.to Geer track Independent School Diarist as filed in the of aid Records of Red Property
Of lferis C000ty at Clark's File Number N008703 and Film Code Number 199-79-0314 and being more
particularly described by codes asd bounds as follows(beanage based on Texas Coordlonte System of
1983,Soutar Corral Zone);
Coremenciang at a point marking the east cans of Lot 4,Block 42,Pon"Rapist Wedgewood Village
Section 6 according to the plat thereof at filed in Volu®e 224,page 29 Haris County Map Records and
mmgring&a intersection of the southwest right-of-way line of Iowa Bad Avenue(60'wide)and the
northwest dght-afmay line of Friendswood Link;Thence S 41.51'45"W—115.42'with the ma lawen
60 right-of-way Hue of said Friendswood Link to a sot 5/8"iron sod with cap(stamped C.L DAVIS-RPLS
4464)resulting the sough cane of said Lot 4;Thence S 41°51'45-W—86.80'to a set 5/8"iron rod with
m8 poet due being DAVIS ocetad on a 464)�u�PO�OF BEOWNINO of herein described but,
02°39'33"; Bnt having a radius of 431.07'and a central aid of
1. Thence with Wd curve and the southwest line of tent certain tract ss described in a deed dated 0949.
F 2005 from Roy Rose sad Aswctatc%Ltd to Mot Van Plum as filed in the OlBoiel Records of Real
d f Property of Harris County at Ctak•s File Number 20070108140 se we distance of 20.01'and a chord
bowing and distance of S 490 28'03"E—20.00'to a found 31C inns,rod for comer
2. Thence S 410 51'45"W—707.26'with the existing aathwestedy rlghsof.Way Man of Fricedswood
Link end the southeast line of said 9.726 save rso and dus southasst iise of said 10.009 am&&at to a
plot for oaeer
3. Thmce N 47"34' 19"W—20.W with the sordhwer Em of add 10.009 sae neat to a point for
fi caner(unable to set due to femospost);
r'1
4. Thence N41-51'45"E-706.60'wiih the proposedmturvaectly si&.oi'.wrg.line ofFrimdawvod
Link to the POW OF BEOINNINOstd outrunning 03246 am auprae fact)offend mraa
IM
TM$mdmwdbaoodadwagpfi aisaoeompaoiedbyaaspreaapLt drewigg err erhttStpesTausHoad
ofProfession&Land Srnveyoes"awmaA Rain Oflkmerhaestai Pct SOMM6 63.19(9).
Couedbp.CL DWisJ1:CoaapssV air
Job Naorba:114MUXIEW-PARCEL-I fM Aw
0749-7A13 y * •
L
444N
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RECORDER'S MEMCRANDUM;
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 blockouts,
additions and changes were present atthetlmo
5 the Instrument was filed and recorded.
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THE STATE OF TEXAS
COUNTY OF HARRIS
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FEB 13 2014
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