HomeMy WebLinkAboutResolution No. 2013-22 RESOLUTION NO. R2013-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND
IS NEEDED FOR THE CONSTRUCTION, OPERATION,
AND MAINTENANCE OF LIFT STATION 93; ACCEPTING
THE DEDICATION OF SAID LAND FROM KENNETH AND
LESLEY BRANHAM,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 0.0380 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 0.0380 acre tract of land is contained in
Exhibit"A", General 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 properly 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 4th day of November,2013.
Kevin M. hand
Mayor
ATTEST:
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Melinda Welsh, TRMC '
City Secretary
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82013-22 2
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF HARRIS §
THAT KENNETH E. AND LESLEY L. BRANHAM ("Grantor"), for and in consideration of
Fourteen Thousand Eight Hundred Dollars ($14,800.00) and other good and valuable
consideration paid in cash to the Grantor by the Grantee herein named, has GRANTED,
BARGAINED, SOLD AND CONVEYED and by these presents does GRANT, BARGAIN, SELL
AND CONVEY unto the CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas
("Grantee"), all of the property described as being a 0.0380 acre tract of land out of a 1.3599-
acre tract of land located in the 400 block of Friendswood drive, further described in the
attached exhibit (the "Property").
THIS CONVEYANCE IS MADE BY GRANTOR AND ACCEPTED BY GRANTEE subject
to the terms, conditions and provisions hereof and further subject to all applicable easements,
conditions, restrictions, covenants, mineral or royalty interests, mineral reservations, surface
waivers, liens, encumbrances, regulations or orders of municipal and/or other governmental
authorities, if any, or other matters of record, to the extent, but only to the extent, they are validly
existing and affect the Property.
TO HAVE AND TO HOLD the Property, together with all singular the rights and
appurtenances thereto and in anywise belonging, unto the said Grantee, its successors and
assigns forever; and Grantor does hereby bind itself, its successors and assigns, to Warrant
and Forever Defend all and singular the Property unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same of any part
thereof.
IN WITNESS WHEREOF, the Grantor herein has executed this General Warranty Deed,
to be effective as of the Vt day of��,i�• J
, 201,' Q
K NNE . B AM
By:
t'111�Fh i ft r, nr,Rerty Owner
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on - 201'3 by
(title) of KENNETH E. BRANHAM.
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Rk Stacy de la Rua Notary Public, State of Texas
"� My Commission Expires'.}a� 0 311 112016 0
RECORDED BY
SOU ; aT! LAND TITLE, LLC
Gr ;U 5_-n
L SI,,EY BR NHAM
By.4:
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Property Owner
THE STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on MCU 201' by
(title) of LESLEY L. BRAN HAM.
Notary Public, State of Texas
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2., ,G� Stacy de la Rua
My Commission Expires
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0311112016
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EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
0.0380 ACRES
Being a0.0390 acretmet ofland located in the Perry and Austin League,AbstractNo.20,Galveston
County,Texas;said 0.0380 acre tract being a portion of a call 1.3599 acre tract of land (Tract 1)
recorded in the name of Lesley L. Branham and Kenneth E. Branham in Clerk's File'Number
2000043524 ofthe Official Public Records of Real Property of Galveston County(O.P.R.RY.O.C.),
Texas;said 0.0380 acre tract being more particularly described by metes and bounds as follows(all
hearings are referenced to the Texas Coordinate System NAD83 CORS96,South Central Zone)
Beginning at a 1/2-inch iron rod found at the west comer ofsaid call 1,3599 acre tract and the south
corner of a call 1.67 acre tract of land recorded in Clerk's Pile Number 196510012 of the
same being on the north right-of-way(R.O.W.)tine ofFM 518(North Friendswood
Drive, 100-feet wide);
11 Thence,with the common line of said call 1.3599 acre tract and said call 1.67 acre tract,
North 42 degrees 06 minutes 13 seconds East,adistance of 41.53 feet(call 546023'00"E)to a
5/8-inch iron rod with cap stamped"COSTELLO INC"set;
2. Thence,through said call 1.3599 acre tract,South 62 degrees 37 minutes 47 seconds East,a
distance of 41.36 feet to a 5/8-inch iron rod with cap stamped"COSTELLO INC"set;
i
3. Thence, continuing through said call 1,3599 acre tract, South 42 degrees 06 minutes 13
seconds West,a distance of41.38 feet to a 5/8-loch iron rod with cap stamped*COSTELLO
1NC" set on the south line of said call 1.3599 acre tract and the north R O.W. line of
aforesaid FM 518;
4. Thence,with the common line of said FM 518 and said call 1.3599 acre tract, 35.80 feet
along thearc ofacurve totheleR,said curve having a central angieof00degmes 42 minutes
58 seconds,a radius of 2864.90 feet and a chord that bearsNorth 62 degrees 47 minutes 03
seconds West,a distance of 35.80 feetto a5/8-inch iron rod with cap stamped"COSTBLL.O
INC"set;
5, Thence, continuing with said common line, North 63 degrees 08
minutes 32 seconds West, a distance of 5.64 feet to the Point 9C
Beginning and containing 0.0380 acres of land.
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2014 May 05 03:40 PM Fee: $ 34.00
2014024125
DWIGHT D. SULLIVAN, COUNTY CLERK
GALVESTON COUNTY TEXAS