HomeMy WebLinkAboutResolution No. 2015-02 RESOLUTION NO.R2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DETERMINING THAT LAND
IS NEEDED FOR THE CONSTRUCTION, OPERATION,
AND MAINTENANCE OF A FUTURE PARK; ACCEPTING
THE DEDICATION OF SAID LAND FROM THE ESTATE
OF LUNDY LANE,LLC, 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 24.693 acres for the maintenance and operation of a future park
in the City of Friendswood, Texas, a more specific description of said 24.693 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 Mayor is authorized to execute any documentation necessary to accept,
document, and record said Deed.
PASSED,APPROVED,AND RESOLVED this 5"'day of January,2015.
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Kevin M. Hl and
Mayor
ATTEST:
ENe .esa
Melinda Welsh, TRMC ;° "0 .
City Secretary :U
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R2015-02 2
-Regarded
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS:
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL
OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE/NUMBER.
Date: /C;-?// 7 A 4
Grantor: The Estate of Lundy Lane, LLC, a Nevada limited liability company
Grantor's Mailing Address: ? 9 75 4?j, ,S,q A 6li'C- -- lo
CI Z Ve4A51-AIV 32/L7
Grantee: City of Friendswood
Grantee's Mailing Address: 910 South Friendswood Drive
Friendswood, Texas 77546
Consideration: Cash and other good and valuable consideration.
Property(including any improvements):
METES AND BOUNDS DESCRIPTION of a 24.693-acre tract in
the B.S. & F. Survey No. 5, Abstract No. 625, Galveston County,
Texas. Said 24.693-acre is that same tract of land described in a
deed to The Estates of Lundy Lane, LLC as recorded in Clerk's
File No. 2011055907 in the Galveston County Clerk's Office and is
more particularly described by metes and bounds as follows:
COMMENCING at a 518-inch iron rod found for the point of
intersection of the East right-of-way line of Sarasota Drive (based
on a width of 60-feet), with the North line of a 60-foot wide
Powerline Easement as recorded in Volume 1693 Page 501 in the
Galveston County Deed Records, said point is the Southwest
coiner of Lot 1, Block 6 of Boca Raton, Section Two as recorded
in Volume 18,Page 549 in the Galveston County Plat Records;
THENCE, North 86°38'46" East, along the North line of said
Powerline Easement, same being the South line of said Lot 1 for a
distance of 137.60 feet to the Southeast corner of said Lot 1, said p
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point is in the West line of a tract of land described in a deed to
Boca Raton Homeowners Association, Inc. as recorded in Clerk's
File No. 2004029416 in the Galveston County Clerk's Office;
THENCE, South 14°50'52" West, along the West line of said Boca
Raton Homeowners Association, Inc. tract, same being the East
line of the aforementioned Boca Raton, Section Two for a distance
of 63.05 feet to a 5/8-inch iron rod found for the POINT OF
BEGINNING and Northwest corner of the herein described tract,
said point is the most Northerly Northeast corner of a 56.883-acre
tract described in a deed to Friendswood Community Church, Inc.
as recorded in Clerk's File No. 2001016726 in the Galveston
County Clerk's Office;
THENCE,North 86°38'46" East, along the South line of said Boca
Raton Homeowners Association, Inc. tract, same being the South
line of the aforementioned Powerline Easement, at a distance of
119.82 feet pass the Southwest corner of a 0.6267 acre tract
described in a deed to Peter Lux as recorded in Clerk's File No.
9024571 in the Galveston County Deed Records and continue for a
total distance of 506.52 feet to a 5/8-inch iron rod set for the
Northeast corner of the herein described tract, said point is the
Northwest corner of a tract described in a deed to Dale D. Dunn
and wife, Penny Dunn as recorded in Volume 2343 Page 452 in the
Galveston County Deed Records;
THENCE, South 03°50'18" East, along the East line of the herein
described tract, same being the west line of said Dunn tract, at
780.93 feet pass a 5/8-inch iron rod found for the Southwest corner
of a 2.517 acre tract described in a deed to Angela Campbell as
recorded in Clerk's File No. 2008044771 in the Galveston County
Clerk's Office, and continue for a total distance of 1,435.21 feet to
a 5/8-inch iron rod found for the Southeast corner of the herein
described tract, said point is the Northeast corner of a 0.38-acre
tract described in a deed to Suchmor Thomas as recorded in Clerk's
File No. 2013042460 in the Galveston County Clerk's Office;
THENCE, South 86°33'00" West, along the South line of the
herein described tract, same being the North line of said 0.38-acre
tract, for a distance of 206.36 feet to a 5/8-inch iron rod found for
the Northwest corner of said 0.38-acre tract, said point is the
Northeast corner of a 10.0048-acre tract of land described in a deed
to Andrew LaFountain and spouse, Andrea P. LaFountain as
recorded in Clerk's File No. 2014027357 In the Galveston County
Clerk's Office;
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THENCE, South 86°26'51" West, continuing along the South lute
of the herein described tract, same being the North line of said
10.0048-acre tract, at a distance of 401.50 feet pass a 518-inch iron
rod found for the Northwest corner of said 10.0048-acre tract, said
point is the Northeast coiner of a 13.589-acre tract described in a
deed to Friendswood Community Church as recorded in Clerk's
File No. 2011026713 in the Galveston County Clerk's Office and
continue for a total distance of 785.20 feet to a 1/2-inch iron rod
found for the Southwest corner of the herein described tract, said
point is a Southerly coiner of the aforementioned 56.883-acre tract;
THENCE, North 14°50'52" East, along the East line of said
56.883-acre tract for a distance of 1,513.97 feet to the POINT OF
BEGINNING, containing a computed area of 24.693-acres
(1,075,629 square feet),more or less.
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way, and prescriptive rights,
whether of record or not; all presently recorded and validly
existing instruments, other than conveyances of the surface fee
estate, that affect the Property; and taxes for 2014, which Grantor
assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, GRANTS, SELLS, and CONVEYS to Grantee the
Property, together with all and singular the rights and appurtenances thereto in any way
belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever.
Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend
all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against
every person whomsoever lawfully claiming or to claim the same or any part thereof when the
claim is BY, THROUGH, OR UNDER Grantor but not otherwise, except as to the Reservations
from Conveyance and the Exceptions to Conveyance and Warranty.
THE PROPERTY TRANSFERRED TO GRANTEE IS SOLD, TRANSFERRED, AND
DELIVERED "AS IS" AND "WITH ALL FAULTS"; FURTHER, GRANTOR EXCLUDES
ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
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When the context requires, singular nouns and pronouns include the plural.
THE ESTATE OF LUNDY LANE,LLC,A
NEVADA LIMITED LIABILITY COMPANY
By:W '�ison v , LLC anager
r�y:
, ager
STATE OF /VW/ V` U,44 } �
COUNTY OF 0t192/�—
On the _ day of 2014, before me, the undersigned
Notary Public, personally appeared Alan Perlmutter, known to me or satisfactorily proven to be
the person whose name is subscribed to this instrument in his/her capacity as Manager of Oasis
Loan Advisors, LLC, Manager of The Estate of Lundy Lane, LLC, a Nevada Limited Liability
Company and acknowledged that he executed the same for the purpose contained therein on
behalf of said corporation.
CANDI S. POOLE XN4tary Public, State of /Vt°t//1 7�A
Notary Public State of Nevada
No. 98-5155-1
My Appt.Exp.March 10,2018
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