HomeMy WebLinkAboutResolution No. 2014-03 RESOLUTION NO.R2014-03
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
MOT VAN PHAM,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 property over and
across a tract of land containing 1,728 square feet 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 1,728 square feet 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 properly 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 131"day of January,2014.
NI
Kevin M. Holland
Mayor
ATTEST:
,•'°F Ft1ElV�°
.
Melinda Welsh, TRMC
e
City Secretary
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER. 201.40188424.:5
1 05/M/2014 RPI $32.00
SPECIAL WARRANTY DEED
Date Janaury 13 , 2014
Grantor Mot Van Pham
Grantor's Mailing Address
Mot Van Pham
18310 Kings Lynn Street
Houston, Texas 77058
Grantee CITY OF FRIENDSWOOD, a Home-Rule City of the State of Texas l
Grantee's Mailing Address
Attn: Mayor
910 South Friendswood Drive
Friendswood, Texas 77546
Consideration
Cash and other valuable consideration, receipt and sufficiency of which
1 are hereby acknowledged.
Property
�1
All of the property described as being a 1,728 square foot tract of land out of
the 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:
I. 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,
** ADDING CORRECTED EXHIBIT A 04/24/14
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
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.
When the context requires, singular nouns and pronouns include the plural.
[REMAINDER OF PAGE INTENTIONALLYLEFT BLANK]
[SIGNATURES ON FOLLOWING PAGE]
2
"Grantor"
MOT VAN PHAM �'
By:
Property ner/
Date: / / �
STATE OF TEXAS §
§
COUNTY OF(I t S §
The foregoing instrument was acknowledged before me thisrc day of
1.41 t(C t e 12014,by Mot Van Pham,Property Owner.
� r
J s 8 5 �s EG Notary Public, State of Texas
' � F'1t Gut i ti,n k'ftiP 05 !" 015 .
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3
"Grantee"
CITY OF FRIENDSWOOD,
a Home-Rule City of the State of Texas
By:
Name: Kevin M. Hollar�
Title: Mayor
ATTEST: .•�R�EN'•.
By:
U ° tE^ •o� Sp
Name: Melinda Welsh a 0 : ;p
Title: City Secretary
n
°
STATE OF TEXAS § •°°•TFOF��°°
1 §
COUNTY OFC-Au btw6 §
The foregoing instrument was acknowledged befor me this c � fl day of
n Mirct� �� 2014, by �Q��.� acting in his/her capacity
as 1 � f 7� of City of Friendswood, a Home-Rule City o of the
State of Texas.
HEATHER VAN DINE \ 1!
s;l NOTARY PUBLIC � '�� VQ��_�(JT��,•,i
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state otTexas
"Te oc? Comm.Exp.05-12-2014 Notary Public, State of Texas
After recording, return to:
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F"ewEswwt , 1 k 75�&
4
EXHIBIT"A"
PARCEL 2
METES AND BOUNDS DESCRIPTION
1,725 SQUARE FEEL Oi.TI'OF THE
SARAH MCKISSICK SURVEY,A13S7RACT 549
FRIENDS WOOD,HARRIS COUNTY,TEXAS
All that certain 1,729 square feel out of the Sarah McKissick Survey,Abstract 549,Harris County,Texas
and being out of that connin tract as described in a deed dated 0&08-2005 from Roy Rose and Associates,
Ltd. to Mot Van Phatn as filed in the Official Records of Real Property of Hams County at Clerk's File
Number 20070108140 and being more particularly described by mates and bounds as follows(hearings
based on Texas Coordinate System of 1983,South Central 2-one);
Commencing at a point marking the east comer of Lot 4, Block 42,partial Replat Wedgewood Village
Section 6 according to the plat thereof as Bled in Volume 224,Page 29 Hams County Map Records and
marking the intersection of the southwest right-of-way line of Forest Bead Avenue(60' wide)and the
northwest right-of-way line of Friendswood Link;Thrace S 41°51'45"W-= 115,42'with tho northwest
right-of-way line of said Friandswood Link to a set 518"iron rod with cap(stamped C-L,DAVIS-RPIS
4464) marking the south corner of said Lot 4 and nnaritiag the PoiNf OF BEGINNINO of herein
described tract:
1. Thence S 470 50'05"E—20.00' with the northeast line of said Mot Van Pham tract to a point for
comerfrom which a found 112"iron rod with cap stamped"RPLS 2753"bears S 469539"E 0.41'„
2, Thence S 41°51'45"W—86,23'with the southeast line of said Mot Van Pham tract to a found 3/4"
i iron rod for comer,said point also being located on a curve to the left having a radius of 431.07'and
a central angel of026 39'33'
3. Thence with said curve and the northeast line of that owedu called 9.726 acre tract as described in a
deed dated 02,06-1991 from Holtis C.Jacobs, at al. to Clear Creek Independent School District as
filed in the Official Records of Real Property of Harris County at Clerk's File Number N008703 mid
Film Code Number 199-79-0314 an are distance of 20,01' and a chord bearing and distance of
N 49°28'03"W—20.00'to a set 5/8"iron rod with vap(stamped C.L. DAVIS—RPLS 4464)for
comer;
4. Thence N 41°51'45"E—85.80'with the proposed northwest right-of-way line of Friendswood Link
to the POINT OF BEGINNING and containing 1,728 square feet(0.0397 acre)of land more or less_
Tbls metes and hounds description is accompanied by a separate plat,drawing or exhibit per Texas Board
of Professional Land Surveyor's"General Rules of Procedures and Practices"Sect 63.19(9),
or f
Compiled by,C-L,Davis&Company h • 'g I
Job Number: 11-102 1-PHAM-PARCEL-2 M&B.doc
a �o'•'r
07-09,2013 C.L.DAVIS-
? 4404 t4�R,
Sulk
RECORDER'S P0EP.4ORAPIUUM:
At the time of recordation, this Insburient was
found to be inadequate for the bast photographic
n-next-P]tnei-PARCEttahtan reproduction because of Illogiblllty, carbon or
photo copy,discolored pnpor,olo.All blockouts,
additions and changab w2rn pr6!sent at the time
the instrument was filed and recorded.
Initial for identification by Buyer Seller
CORRECTED 04/24/14
�I
Im
FILED FOR RECORD
a 8:00 AM
MAY' 5 ?014
County Clerk Halls County,Texas
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THE STATE OF TExAs sltifDAM6aDWW7LlEUWFM VA
THE STATE OF
COUNTY OF HARRIS
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MAY —5 2014yI
/^Y COUNTY CLERK
HARRIS COUNTY,TEXAS