HomeMy WebLinkAboutResolution No. 2008-68RESOLUTION NO. R2008-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, DETERMINING THAT LAND IS NEEDED
FOR CONSTRUCTION, INSTALLATION, MAINTENANCE,
OPERATION, INSPECTION, REPLACEMENT, REPAIR, AND
REMOVAL OF CERTAIN PUBLIC IMPROVEMENTS AS PART OF
THE EL DORADO/FRIENDSWOOD LINK ROAD PROJECT FOR
THE CITY OF FRIENDSWOOD, TEXAS; APPROVING THE
PURCHASE OF SAID EASEMENT FROM JOSE L. HERNANDEZ
AND ISABEL HERNANDEZ, 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 right-of-way over
and across a tract of land containing 113 square feet for the construction, installation,
maintenance, operation, inspection, replacement, repair, and removal of certain public
improvements in the City of Friendswood, Texas, a more specific description of said 113 square
feet tract of land is attached hereto as Exhibit "A" 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 purchase of such right-of-way 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.
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 right-of-way over the herein described tract of land, and that said negotiations were successful,
and that the acquisition of the right-of-way for the negotiated price is approved.
Section 3. The Mayor is authorized to execute any documentation necessary to accept,
document-, and record said purchase of right-of-way.
PASSED, APPROVED AND RESOLVED on thR*s 11® day of August� 200 -
David J. H. Smith
Mayor
ATTEST:
Melinda K. Welsh
Deputy City Secretary
R2008-68 2
f7R1G/N,qL
PROPERTY CONTRACT
Mate of Texas, County of Harris
We the undersigned, Jose L. Hernandez and Isabel Hernandez, herein known as the
"Sellers", residing at 16523 Bougainvilla Lane, City of Friendswood, in Harris County,
Texas, and
The City of Friendswood, Harris County, Texas, herein known as the "Buyer"
The property being,
Lot 20, Block 1, Wedgewood Village, Section 7, Harris County, Texas
Known as
16523 Bougamnvilla Lane, Friendswood, Texas 77545
And selling of 113 sq.ft. (southwest corner) parcel of the said property, to the Buyer as
described by attached Exhibit A and as Tract 7 for El Dorado Boulevard Route Right of
Way acquisition, with all rights, privileges and appurtenances pertaining thereto,
including but not limited to: claims, permits, strips and gores, easements, and association
memberships,
Agree to transfer the 113 sq.#t. land parcel known as Tract 7 for the Sales Price of
ONE THOUSAND DOLLARS ($1,000-00)
Payment by the City of Friendswood for $1,000.0O was received by
Jose L. Hernandez and Isabel Hernandez by check, posted 9/10/2008.
Terms and conditions stated within this property contract have
been satisfied.
Continued....
initial for identification by Buyer Seller
PROPERTY CONTRACT Page 2
Tract 7 or 113 sq.ft. (SW corner) of 16523 Bougainvilla Lane,
Friendswood, TX
TERMS AND CONDITIONS %
1) Buyer is to pay all costs associated with transfer of ownership, registration, and
required legal documentation of said 113 sq. ft. land parcel Tract 7.
2) The contract is subject to approval and acceptance, with no changes to existing
mortgage terns, by lending institution that is the mortgagor of the property, before
the Closing Date, if applicable.
3) Property to be purchased in "as is" condition.
4) Seller warrants that the Title to the 113 sq.ft. Tract 7 parcel is good, is transferable to
the Buyers fully and without dispute, and will be free and clear of all liens and
encumbrances when transferred to the Buyer.
5 Buyer to ensure the south fence on remainder of the Seller's property is modified to
functionally line the south boundary of the property.
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6) City of Fxxen � dswood to adjust tax assessment of the property to reflect a decrease in
the entire site size by 113 sq.ft.
7) Acceptance and approval of the transaction by the Wedgewood Homeowners
Association.
Closing of the sale will be on or before f-4 10 , 2043. At closing,
1) Seller shall execute and deliver a general warranty deed conveying title to the 113
s .ft. Tract 6 to Buyer and further warrant there are no delinquent taxes on the
Property.
2) Buyer shall pay the Sales Price in good funds to the Seller,
3) Seller and Buyer shall execute and deliver any notices, statements, certificates,
affidavits, releases, loan documents and other documents required of them by this
contract or law necessary for the closing of the- sale.
4) All covenants, representations and warranties in this contract survive closing.
Continued. . -
Initial for identification by Buyer Seller
PROPERTY CONTRACT Page 3
Tract 7 or 113 sq.ft. (SW corner) of 16523 Bougainvilla Lane,
Friendswood, TX
Seller shall deliver to Buyer possession of Tract 7 in its present condition' upon closing
and funding.
Expenses payable by Buyer (Buyer's Expenses), but not limited to:
Preparation of documents, recording fees, expenses incident to the ownership of said
land parcel, and other expenses payable by the Buyer under this contract.
DEFAULT
If the Seller fails to comply with this contract for any reason, Seller will be in default and
Buyer may enforce specific performance or seek such other relief as provided by law.
MEDIATION
It is the policy of the State of Texas to encourage resolution of disputes through
alternative dispute resolution procedures such as mediation. Any dispute between Seller
and Buyer related to this contract which is not resolved through informal discussion will
be submitted to a mutually acceptable mediation service or provider. The parties to the
mediation shall bear the mediation costs equally. This paragraph does not preclude a
party from seeking equitable relief from a court of competent jurisdiction.
ATTORNEY' S FEES:
(1) As noted on Page 1, Buyer is to pay all costs associated with transfer of ownership,
registration, and required legal documentation of Tract 7 land parcel.
(2) The prevailing party in any legal proceeding related to the disputes in the contract, as
outlined in Mediation paragraph above, is entitle to recover reasonable attorneys fees
and all costs of such proceeding incurred by the prevailing party.
Continued...
ial for identification b Buyer Seller S�11
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fnrt y y
PROPERTY CONTRACT Page 4
Tract 7 or 113 sq.ft. (SW corner) of 16523 Bougainvilla Lane,
Friendswood, TX
NOTICES: All notices from one party to the other must be in writing and are effective
when mailed to, hand -delivered at, or transmitted by facsimile or electronic transmission
as follows. -
To the Buyer:
City of Friendswood,
910 S. Friendswood Dr.
Friendswood, Texas 77546
Tel, 281-996-3293
Fax 281-996-3260
Email: gcherepes o,ci.friendswood.tx.us
To the Seller: t
Jose & Isabel Hernandez
16523 Bougainvilla Lane
Friendswood, Texas 77546
Tel. 713.240-9440
Fax
Email:
Executed the /z9, _LA day of r / / 20 13 (Effective Date),in the City of
Friendswood, Harris County, Texas.
Mon UICE
Seller lS�`,�e I /�e��►���%�-•
elier
Th r Gk 4" J*A f- wars ack.,.w/e,�jt�
,-.z -A �& �L�
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ELQtSE ALLDER
MY Cooumss#oo Expires
August 169 2016
�g
Buyer ; �y of Friendswood
MA �r- os'
Attached:
Date of Acceptance,-'"
Lo,*#* — �`�
Date of Acceptance
bt e- a(ay
#/9/13
Date of Acceptance
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cAle—Vt-Jol,47 �c�4 Z K
e,,�,o -A el 4-i-,ee (
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Hr U J f 04 7 -7 o 7-7.
Exhibit "A" and Survey of Tract 4 to 7 of El Dorado Boulevard Alignment project.
STATE OF TEXAS )(
COUNTY OF GALVESTON )(
�B,EFORE M the ,under signed Notary Public, on this day personally appeared
j!� e" . v 1 r'�1 j ��.�'1 � , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GN UNDER MY HAND AND SEAL. OF OFFICE THIS � �l DAY
Mr(t
OF 92013.
I I
ANN pEREZ
p [Vit�HE�LE IC
NOTARY PUBL B
STATE OF TEXA
a �
Commission Expires 11-18-2014
Notary Public, State of Texas
Printed Name: M)CJAC- v
My Commission Expires:
-1 Dorado Boulevard
Tract No7
0.0026 Acres-1 13 Square feet
Sarah M-C-Xissilclk Survey, A-549
Pace I of 1
3
Being a O.i"026 acnes N13 squarefeet' parcel of land situated in the Sarah McKissick
Survey, Abstract 549, Harris County, Texas and being out of Lot 20, Block 1.
Wedgewood Village, Section Seven, a sub&jision recorded under Vol. 2391 Pg. 6 of the
Harris County Map Records (H.C.M.R.. The said Lot 20 conveyed by a special warranty
deed from Deutsche Bank National Trust Company in Trust for Registered Holders of
GSAMP Trust 2002-HE2 Mortgage Pass Through Certificates, Series 2002-HE-2 to Jose
L. Hernandez and Isabel Hernandez exeGu-ted on May 24, 2006 and recorded under
Harris County Clerk's File (H-C.C.F.) No. Z333840 and Film Code No- 022-46-2039,
Official Public Records of Real Property of Hariis County (O.P.R.R=P.H-C-1- The said
0.0026-ac.re parcel of land being more particulady described by metes and bounds as
follows:
BEGINNING at a found 112-inch iron rod on the southierly corner of the said Lot 20, the
sarm.e.- point also being on the intersection of nortifieeasterly cight-of-way 'fine of
Bougain-villa Lane (60' wider) and northwesterly right-of-way line of Frieids wood Unk
Road (100" wide);
THENCE, North 48'2034A." West-, along the common line of sou-thwesterly lire of said Lot
20 and the said northeasterly riott-of-way i the of Bougainvilla Lane, a distance 0- f 15. OU
to a 5/8-inch ir-on rod with cap set for westertly corner of the herein described parcel,
THENCE, North 86044,*50" East, a distance of 2125' to a 5i8-inch iron rod with cap set
1for the easterly corner of the herein described par -eel, the same point also being on the
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I common line of southeasterly line - of the said Lot 20 and northwesterly right-of-way line
u it of said Friendswood Link Road;
THENCE, South 41,"50'487 West a!ong the said common line C-1 southeasterly
P11111 I 11Y line of the
said Lot 20 and norttTwesterly right -of - way lirte of Frifiiiiiq endswood Link Road, a distance of
lilyIN, 5. 00' to fthe Point ef B4= land,
e -taining 0.0026 acres 13 square feet), of
qinning and cord.
more or less.
Ail bearings 4-nrsd are baseal 0-1r. t"rhe 11-exas ZA Plane C."Cora I'll f-la --ve System,
-LaTe
south Central Zone (ND 83). f-i-kil di -stances and coordinates shown hereir. are surface
and may be ccriverterd to grid by muffiplyina b$� a combined adjustment faetor of
0.9998772902.
This descrio1 1. "i uttDorado Boulevard Roe Supiey Map prepared for
iptn :s biased on the C-
the County of Harris by Bahong Kuuo, R.P.I.-S. No. 5270 (Sheet Olt 7).
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ANY PROVW i MO EtRlCTS Tlf SNP WA4 OR USE OF THE DE9E4 FE4
WM MUS OFMMORPACE 1SWUAND"M L#WL*
THE STATE OF TEXAS
COUNTY OF HARRIS
I hwooy car* M ft iravW +a RED Fig So"a on ff die gad t ht 6%
stamped heraur � re; v4 m d* *MW, in to iki Nk Aeft d Rd " d In
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APR 112013
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COUNTY CLERK
HARfiIS COUNTY, TEXAS