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Home My WebLink AboutSpecial Warranty Deed - WEST RANCH MANAGEMENT DISTRICT - 3900 BAY AREA BLVD 01/f } r{ r. -i rs 0 4 SPECIAL WARRANTY DEED RESTRICTED RESERVE "F" WEST RANCH Date November 4, 2020 Grantor WEST RANCH MANAGEMENT DISTRICT Grantor's Mailing Address c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Grantee CITY OF FRIENDSWOOD Grantee's Mailing Address 910 South Friendswood Drive Friendswood, TX 77546 Property All of Restricted Reserve "F" of West Ranch, according to the plat thereof recorded under Clerk's File No. 20090282946 of the Real Property Records of Harris County, Texas, and more particularly described in Exhibit"A"attached hereto and incorporated herein for all purposes. Matters Affecting Conveyance and Warranty: 1. In accordance with the 2005 Utility Services Contract between the City of Friendswood, Autumn Creek Development, Ltd., and the West Ranch Management District (the "Utility Agreement"),the Grantor does grant and convey in fee simple the Property with Special Warranty of title unto Grantee. 2. This conveyance is made by Grantor to Grantee, and the consideration for the conveyance shall be compliance with the terms of the Utility Agreement, as well as the mutual benefits derived by each party from this conveyance and Grantee's adherence to the requirements to the terms of the grant. 3. The Property shall be used solely as greenbelts, parks, recreation, Open space, detention and drainage but for no other purposes; provided, however, that this use restriction snaii in no manner diminish the rights that Grantor has reserved in this Deed; and provided, however, that at the time any detention or drainage improvements are made on the Property those improvements shall be supplemented with hike and bike trails, seating areas, and landscaping improvements on the Property. No improvements shall be constructed on any portion of the Property until plans for such improvements ("Construction Plans") are approved in writing by the "grantor" under that certain special warranty deed (the "Autumn Creek Deed") dated December 9, 2009, recorded under Clerk's File No. 20090583564 in the Official Public Records of Real Property of Harris County, Texas, AUTUMN CREEK DEVELOPMENT, LTD., a Texas limited partnership, or its successor (the "Prior Grantor"). The Prior Grantor's approval of the Construction Plans is only for the purpose of affirming compliance with the requirement to include hike and bike trails,seating areas,and landscape improvements on the Property and specifically, but without limitation, shall not be construed as any representation by Grantor as to, or responsibility for, design or quality of improvements or the ultimate construction thereof. Any and all Construction Plans submitted to the Prior Grantor which have not been approved within 30 days after the date of submission shall for all purposes be deemed to have been approved. 4. No portion of the Property or the improvements thereon shall be used for the exterior storage of materials or equipment without screening of the materials or equipment.A minimum landscape setback 896896 of 75'a|ong the adjoining right-of-way of Bay Area Boulevard and eminimum landscape setback of 50' along the southern boundary of the Property shall be maintained. Motree shall be cut, fell or removed from the landscape setback areas except for diseased or dying trees, without the Prior Grantor's prior written consent, and nnparking arp.aa and/or n;;vp.dareas for ve.hicu|arnircu)ation /excentdrive-ways which directly access e public right-of-way and the existing parking lot) oheU be located within any landscape setback area. 5 The exception and naoen/atun of all o/i, gas and other minerals in, on and under the Property, which minerals were excepted and reserved by predecessor or predecessors in title of Grantor, and which exception is made in favor nf present owner or owners of such minerals ae their interests may appear of record in Harris County, Texas. 5. This conveyance is subject to all matters of record in Harris County, TexGs, validly subsisting against and affecting the Property on this date,except prior conveyances and monetary encumbrances. The entire mineral estate in the Property has been reserved by Grantor's predecessors in title. 6 Grantor reserves, together with the right of assignment /n whole or in pad, multiple easements on, along and across the Property for utility lines and for drainage, and the right to grant additional easements on, along and across the Property for public and private purposes without joinder of Grantee, provided, however,that any such use shall not unreasonably interfere with rights specifically granted to Grantee herein. Such easements include (but are not limited to) easements to public agencies and governmental agencies; easements for overhead and underground electrical diotnbutmn, natural gas trenamiamion, te|ophone, cable television and similar services 7. Grantor shall have the hght, but not the ob|igation, to build and construct additional recreational facilities or landscaping on the Property with Grantee's consent. Such consent will not be unreasonably withheld provided the proposed improvements do not interfere with the Grantee's use of the property. Upon completion and installation of these fac)|it}ea, the facilities shall become Grantee's property. 8. NV portion of the Property or the improvements shall be used for the exterior storage of materials or equipment. The Property shall be maintained in a neat and clean condition. Grantee shall keep all weeds and grass thereon cut in a aanitory, hea|thfu|, and attractive manner and not permit the accumulation of garbage, trash, or rubbish of any kind thereon. 8. Notwithstanding any other term of this Instrument, /f any part of the property ceases to be used for the purposes stated above,title to the Property not so used may, at Grantor's sole election and upon written notice to Grantee, revert to and become vested /n Grantor; provided, however, that all restrictive covenants of this Instrument shall cease to exist and be of no further force or effect with respect to the land vvh/oh reveots in Grantor. 10. The Property is encumbered by all rights, obligations and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of the Grantor, being the West Ranch Management District, within whose jurisdiction the Property is located in its entirety. Nothing in this Instrument, including reference to any instrument of reonrd, shall have the effect of confirming or recognizing the validity of any instrument or right which had, on or immediately prior to this dab*, expired or lapsed by its terms orotherwise. The reservations, conditions, covenants, exceptions and restrictions set out in this Instrument and the obligations that are the undertakings of Grantee and its successors and assigns recited in this Instrument shall be covenants running with the land and shall be binding nnGrantee and its successors and assigns. Grantor, for the consideration and subjectƒo the reservations, conditions, exceptions and other matters set out |n this Instrument, including the Matters Affecting Conveyance and Warranty, gives, grants and conveys the property to Grantee, together with all in singular the rights and appurtenances thereto and any wise belonging, to have and to hold unto Grantee, and Grantee's successors and assigns for as long as the conditions of this Instrument are -2- satisfied. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and to Grantee's successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof, except as to the Matters Affecting Conveyance and Warranty, when the claims are by thmimh and Linder Grantor, but not otherwise_ When the context requires, singular nouns and pronouns shall include the plural. Titles used in this Deed are used for convenience only and shall not limit or affect the content. Grantee has executed this Instrument for purposes of acknowledging acceptance of this instrument and to evidence its assent to the terms and provisions of the instrument. WEST RANCH MANA ANT DISTRICT By. Brian Gibson, President Accepted: CITY OF FRIENDSWOOD By: STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on 2,92-0 by Brian Gibson, President of the West Ranch Management District, on behalf o uch distric 6 � YOLANDA 6ARAJAS Notary ID#4912704 / �w; ,�y commission Expires Notary Public, St te_of Texas September 29, 2024 STATE OF TEXAS § COUNTY OF GALVESTON § Vmm This instrument was acknowledged before me on this day of 2.0-20'b g Y Y Al IAS of the City of Friendswood, Texas. �j GL ENDA C. FAULKNER ��`�r''"'••e�-�;Notary Public,state of Texas ,o. -2022 Comm.Expires 06- �'�;;�'oF��•�� Notary ID 125711933 � Public, State of Texas After Recording please return to: Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Attention: Faye Simonds ,fir �" 7:�, Ovb� Fie cA 'Ie;440�AV- W--- -4- (N) U) X UJ �uLi LLJ w(r W) U- =WZ OL I z r > C, <z 75, 5; V) V) Ir 31- ZWL s 10 E--4 0 zy-)cn 00 0 M Z m < 2E co o 7 ZIA �7 molo CD cu CD Ifj 0=O C (a) a, Lnwtn (D X to a CL gi 16- 0 AD 0 c: QD -4b-*Ax LE E go-& D c 2 z o :CL,o 13 41, 91? J r�5 0 =F rall * 7� --7 N, FILCVFORr-)r-r Mck-,-rORD 8:00:00 AM Monday, January 25, 2021 L4 COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL,OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Seque-,-,%-.n,-on the date and at.the time- stamped hereon by me,and was duly RECORDED,in the Official Public Records of Real Property of Harris County Texas Monday, January 25, 2021 OT COUNTY CLERK HARRIS COUNTY, TEXAS I FRIENDSWOOD CITY COUNCILAGENDA ITEM FORM This form should be completed and forwarded to the City Manager's Office as soon as possible prior to the first date that the item is expected to be placed on the Friendswood City Council agenda. Date requested for City Council consideration: October 5, 2020 Date submitted: 9/15/2020 Prepared by: Glenda Faulkner, Executive Secretary Subject: Discussion and possible action authorizing the City Manager to negotiate/execute a Special Warranty Deed of Gift from Autumn Creek Development, Ltd., for Restricted Reserve F of West Ranch. Originating Department: City Manager Degree of importance: Critical SUMMARY/ ORIGINATING CAUSE As Council heard at the September meeting, staff is working on a flood mitigation grant application for CDBG-MIT dollars. The submittal will include a number of properties along Clear Creek on the Whitcomb Tract and along both sides of Bay Area Blvd. With respect to one of the Bay Area Blvd properties, the City of Friendswood executed a contract with Autumn Creek Ltd and the West Ranch Management District in 2005 that identified a future dedication of 47 acres immediately adjacent to the Clear Creek and the Blackhawk WWTP. The dedication stipulates the property would be utilized for park purposes. Staff has been in communication with the Management District on the joint use of the tract; both for parkland and flood mitigation purposes. The attached draft deed is close to being finalized with the District. IMMINENT CONSEQUENCES / BENEFIT TO COMMUNITY Development of the 47 acres as a natural park/flood mitigation facility will greatly improve the quality of life of Friendswood residents in regard to recreational activities along with reduced flooding in the area. RECOMMENDATIONS Authorize the City Manager to finalize the draft deed with the West Ranch Management District and execute it accordingly. ATTACHMENTS 1. West Ranch -Autumn Creek Ltd - DOG of 47 Acret Tract to City Page 53 of 202 Routing Cover Sheet This form is to be used as a cover sheet for all contracts, agreements and other documents that require processing through the City Secretary's Office. Please provide the document on one-sided paper, if applicable. Date Routed/Delivered January 19, 2021 Name and Department City Manager's Office Name of Document Special Warranty Deed Restricted Reserve "F" West Ranch /Original How many? 1 Copy How many? Exhibit(s) Yes 1 No (Please print one-sided and in color, if applicable) Date approved by Council October 5, 2020 Contact information of other party: Name Faye Simonds Address Phoenix Tower 3200 Southwest Freeway, Suite 2600 Houston, TX 77027 Email fsimonds(D-abhr.com Phone 713-800-8684 Check all that apply: ❑ Signature of Mayor ❑ Signature of City Secretary ❑ Signature of other Party ❑ /Notary Recording with County Galveston Harris X ❑ Copy to be mailed to other party ❑ Original to be mailed to other party ❑ Copy to be sent to originating Department V1 Deadline for Completion of document Date 1/22/2021 Special Instructions: Please provide a recorded copy to F Simonds with ABHR and CMO (scanned Copy to CMO) City Secretary's Q ice U e Only Date Received By SPECIAL.WARRANTY DEED RESTRICTED RESERVE "F"WEST RANCH Date November 4,2020 Grantor WEST RANCH MANAGEMENT DISTRICT Grantor's Mailing Address c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Grantee CITY OF FRIENDSWOOD Grantee's Mailing Address 910 South Friendswood Drive Friendswood, TX 77546 Property All of Restricted Reserve"F"of West Ranch, according to the plat thereof recorded under Clerk's File No. 20090282946 of the Real Property Records of Harris County, Texas, and more particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes. Matters Affecting Conveyance and Warranty: 1. In accordance with the 2005 Utility Services Contract between the City of Friendswood, Autumn Creek Development, Ltd., and the West Ranch Management District(the "Utility Agreement"),the Grantor does grant and convey in fee simple the Property with Special Warranty of title unto Grantee. 2. This conveyance is made by Grantor to Grantee, and the consideration for the conveyance shall be compliance with the terms of the Utility Agreement,as well as the mutual benefits derived by each party from this conveyance and Grantee's adherence to the requirements to the terms of the grant. 3. The Property shall be used solely as greenbelts,parks,recreation, open space,detention and drainage but for no other purposes; provided, however, that this use restriction shall in no manner diminish the rights that Grantor has reserved in this Deed;and provided, however, that at the time any detention or drainage improvements are made on the Property those improvements shall be supplemented with hike and bike trails, seating areas, and landscaping improvements on the Property. No improvements shall be constructed on any portion of the Property until plans for such improvements ("Construction Plans")are approved in writing by the"grantor" under that certain special warranty deed (the"Autumn Creek Deed")dated December 9, 2009, recorded under Clerk's File No. 20090583564 in the Official Public Records of Real Property of Harris County,Texas,AUTUMN CREEK DEVELOPMENT, LTD., a Texas limited partnership, or its successor (the "Prior Grantor"). The Prior Grantor's approval of the Construction Plans is only for the purpose of affirming compliance with the requirement to include hike and bike trails,seating areas,and landscape improvements on the Property and specifically,but without limitation, shall not be construed as any representation by Grantor as to, or responsibility for,design or quality of improvements or the ultimate construction thereof. Any and all Construction Plans submitted to the Prior Grantor which have not been approved within 30 days after the date of submission shall for all purposes be deemed to have been approved. 4. No portion of the Property or the improvements thereon shall be used for the exterior storage of materials or equipment without screening of the materials or equipment.A minimum landscape setback 896896 of 75'along the adjoining right-of-way of Bay Area Boulevard and a minimum landscape setback of 50' along the southern boundary of the Property shall be maintained. No tree shall be cut, fell or removed from the landscape setback areas except for diseased or dying trees, without the Prior Grantor's prior written consent, and no parking areas and/or paved areas for vehicular circulation (except driveways which directly access a public right-of-way and the existing parking lot) shall be located within any landscape setback area. 5. The exception and reservation of all oil, gas and other minerals in, on and under the Property, which minerals were excepted and reserved by predecessor or predecessors in title of Grantor, and which exception is made in favor of present owner or owners of such minerals as their interests may appear of record in Harris County, Texas. 5. This conveyance is subject to all matters of record in Harris County,Texas,validly subsisting against and affecting the Property on this date, except prior conveyances and monetary encumbrances. The entire mineral estate in the Property has been reserved by Grantor's predecessors in title. 6. Grantor reserves, together with the right of assignment in whole or in part, multiple easements on, along and across the Property for utility lines and for drainage, and the right to grant additional easements on, along and across the Property for public and private purposes without joinder of Grantee; provided,however,that any such use shall not unreasonably interfere with rights specifically granted to Grantee herein. Such easements include (but are not limited to) easements to public agencies and governmental agencies; easements for overhead and underground electrical distribution, natural gas transmission, telephone,cable television and similar services. 7. Grantor shall have the right, but not the obligation, to build and construct additional recreational facilities or landscaping on the Property with Grantee's consent. Such consent will not be unreasonably withheld provided the proposed improvements do not interfere with the Grantee's use of the property. Upon completion and installation of these facilities, the facilities shall become Grantee's property. 8. No portion of the Property or the improvements shall be used for the exterior storage of materials or equipment. The Property shall be maintained in a neat and clean condition. Grantee shall keep all weeds and grass thereon cut in a sanitary, healthful, and attractive manner and not permit the accumulation of garbage,trash, or rubbish of any kind thereon. 9. Notwithstanding any other term of this Instrument, if any part of the property ceases to be used for the purposes stated above,title to the Property not so used may, at Grantor's sole election and upon written notice to Grantee, revert to and become vested in Grantor; provided, however, that all restrictive covenants of this Instrument shall cease to exist and be of no further force or effect with respect to the land which revests in Grantor. 10. The Property is encumbered by all rights, obligations and other matters emanating from and existing by reason of the creation, establishment, maintenance, and operation of the Grantor, being the West Ranch Management District,within whose jurisdiction the Property is located in its entirety. Nothing in this Instrument, including reference to any instrument of record, shall have the effect of confirming or recognizing the validity of any instrument or right which had, on or immediately prior to this date,expired or lapsed by its terms or otherwise. The reservations, conditions, covenants, exceptions and restrictions set out in this Instrument and the obligations that are the undertakings of Grantee and its successors and assigns recited in this Instrument shall be covenants running with the land and shall be binding on Grantee and its successors and assigns. Grantor, for the consideration and subject to the reservations, conditions, exceptions and other matters set out in this Instrument, including the Matters Affecting Conveyance and Warranty,gives, grants and conveys the property to Grantee, together with all in singular the rights and appurtenances thereto and any wise belonging,to have and to hold unto Grantee, and Grantee's successors and assigns for as long as the conditions of this Instrument are -2- satisfied. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the Property to Grantee and to Grantee's successors and assigns against every person whosoever lawfully claiming or to claim the same or any part thereof, except as to the Matters Affecting Conveyance and Warranty, when the claims are by,through and under Grantor, but not otherwise. When the context requires, singular nouns and pronouns shall include the plural. Titles used in this Deed are used for convenience only and shall not limit or affect the content. -3- Grantee has executed this Instrument for purposes of acknowledging acceptance of this instrument and to evidence its assent to the terms and provisions of the instrument. WEST RANCH MANA NT DISTRICT i By: _ Brian Gibson, President Accepted: CITY OF FRIENDSWOOD By: STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on �0 by Brian Gibson, President of the West Ranch Management District, on behalf o uch distric *-, YOLANDA BARAJAS Notary ID#4912704 My commission Expires September 29,2024 Notary Public, St te,of Texas "' i STATE OF TEXAS § COUNTY OF GALVESTON § Z-OZt This instrument was acknowledged before me on this `� day of 4ammu 2820—by � 1(t of the City of Friendswood, Texas. GLENDAC. FAULKNER ��q�PY.PUB'i Notary Public,State of Texas Comm.Expires 06 01 2022 ``�� Notary ID 125711933 oar of ' Public,"Stateof Texas After Recording please return to: Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Attention: Faye Simonds I -4- � x .. ........ ... ....._ _. _ ,�� .. r• ~- ` �� . VIdNITY MAP 1 c:..•r. / a.�r.w FINAL F.AT WEST RANCH !" RESTRICTED lkRESERVE F" i .,i23�. P .MrHev3Q— ..... p..,. ! ...,....,. b,�olGy. ..,....__...... �.., i., - ..:�.... / our roans r : R _ $NWI YC N6WX ENr1Lr -NV CA1'a FkUIOSAVOD.rVFRR a�OVNI'I,iFYAS J is —,