R2004-039A 03-22-04 RESOLUTION NO. R2004-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXCHANGE, BY QUITCLAIM DEED, CERTAIN REAL PROPERTY
SITUATED IN THE CITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest Quitclaim Deeds for the exchange of certain real property,
more accurately described in Exhibits"A"and "B"attached hereto,with Four Seasons Self
Storage of Broadway Dixie, L.P.
PASSED, APPROVED and ADOPTED this the 22nd day of March , A.D.,
2004.
TOM REID
MAYOR
ATTEST:
.1/�
• NG L'��' �, T�,��C
'Y SE ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
c® y
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF BRAZORIA §
Four Seasons Self Storage of Broadway Dixie,L.P., a Texas limited partnership, of 1729 E.
Broadway, Pearland, Texas 77581, as Transferor, for good and valuable consideration received,
QUITCLAIMS, TRANSFERS, AND ASSIGNS to the City of Pearland, whose mailing address is 3519
Liberty Drive, Pearland, Texas 77581, as Transferee, all Transferor's right, title, and interest, if any, in
and to that certain parcel of real property located in Pearland, Brazoria County, Texas ("the Property"),
described as follows:
See Exhibit"A" attached hereto
TO HAVE AND TO HOLD all of Transferor's right, title, and interest, if any, in and to the
Property, together with all and singular the rights and appurtenances belonging in any way to Transferor,
by Transferee and Transferee's successors and assigns forever. Neither Transferor nor Transferor's
successors or assigns shall have, claim, or demand any right,title or interest in all or any part of the
Property.
Transferee takes the Property with the express understanding and stipulation that there are no
express or implied warranties.
th
Executed on this the al0 day of march 2004.
Four Seasons Self Storage of Broadway Dixie, L.P.
By: LPT Devel ent, , i ge al ner
By:Name: e Jrt(Qhd qicick
Its: V1 Presiden-i-
FLORIDA
STATE OF TEXAS §
E3rouxa r d §
COUNTY OF DRAZORIA §
Th
BEFORE ME, the undersigned authority, on this the ( day of ma rch , 2004,
personally appeared COu r4-land R=dd/ , the Vice tPr'es i den+--
of LPT Development, Inc., a Texas corporation, e general partner of Four Seasons Self Storage of
Broadway Dixie, L.P., a Texas limited partnership, on behalf of said limited partnership, and who
acknowledged to me that he has executed said instrument for the purposes and consideration therein
expressed.
UBSCRIBED AND SWORN TO BEFORE ME by the said Or n this the
oZ 'day of m arc/ , 2004, to certify w 'eh witness my hand and seal of ffice.
•
; r� , Tatiana Konde-Chalnick �i�oo�iTi�;,/A
4 Commission NDD262760 """"' �D�•""�•"
gc ices:Oct 28,2007 N• ' 'Y PUBLI' in. d or the STATE OF TEXAS
° P Bonded Thrt
"' '' Atlantic Bonding Co.,Inc. - (�02:E�A
AFTER RECORDING, RETURN TO:
- —
• EXHIBIT A
TRACT II
Being 933.8 square feet out of the W.D.C. Hall League, A-70, Brazoria County, Texas, and being more
particularly described by metes and bounds as follows: •
Commencing for reference at a'/2 inch iron rod found in the northerly line of F.M. 518 (variable width)and
accepted as marking the southeast corner of a City of Pearland tract of land as described in deed recorded in
Volume 880, Page 208, Brazoria County Deed Records, from said iron rod bars a found 1 inch iron pipe
(bent)S 45°20'W,2.78 feet;
THENCE N 45°19'57"E,210.22 feet along the northeasterly line of said City of Pearland tract to a found 1/2
inch iron rod;
THENCE N 44°40'03"W, 10.91 feet along the northed.strly line of said City of Pearland tract to a found%
• inch iron rod;
THENCE N 45°16'04"E,77.53 feet along the existing fence line to n found%inch iron pipe;
THENCE N 45°0'2'53"E,92.85 feet along the existing fence line,to the Point of Beginnin ;
THENCE N 45°02'53"E,continuing along the existing fence line,at 127.70 feet passing a found%inch iron
• pipe,at 151.14 feet passing a found%inch iron rod,an overall distance of 174.69 feet to a point
in the centerline of Mary's Creek;
THENCE S.81°01'20"E, 13.23 feet along the centerline of Mary's Creek;
THENCE S 48°24'04"W, 182.79 feet to the Point ofBeginning.
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Exhibit "B"
Resolution No. R2004-39
QUITCLAIM DEED
STATE OF TEXAS §
COUNTY OF.BRAZORIA §
Four Seasons Self Storage of Broadway Dixie,L.P., a Texas limited partnership, of 1729 E.
Broadway, Pearland, Texas 77581, as Transferor, for good and valuable consideration received,
QUITCLAIMS, TRANSFERS, AND ASSIGNS to the City of Pearland, whose mailing address is 3519
Liberty Drive, Pearland, Texas 77581, as Transferee, all Transferor's right, title, and interest, if any, in
and to that certain parcel of real property located in Pearland,Brazoria County, Texas ("the Property"),
described as follows:
See Exhibit"A" attached hereto
TO HAVE AND TO HOLD all of Transferor's right,title, and interest, if any, in and to the
Property, together with all and singular the rights and appurtenances belonging in any way to Transferor,
by Transferee and Transferee's successors and assigns forever. Neither Transferor nor Transferor's
successors or assigns shall have, claim, or demand any right,title or interest in all or any part of the
Property.
Transferee takes the Property with the express understanding and stipulation that there are no
express or implied warranties.
Executed on this the a4day of Mardi 2004.
Four Seasons Self Storage of Broadway Dixie,L.P.
By: LPT Development, Inc., its general partner
/ '440
By:
Name: Bill Eisen
Its: City Manager
STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
BEFORE ME,the undersigned authority, on this the ,2 3 day of I)24 rc.� 2004,
. personally appeared ,the• ,"./-7 •
of LPT Development, Inc., a Texas corporation, the general partner of Four Seasons Self.Storage of
Broadway Dixie,L.P., a Texas limited partnership, on behalf of said limited partnership, and who
acknowledged to me that he has executed said instrument for the purposes and consideration therein
expressed.
SUBSCRIBED AND SWORN TO BEFORE ME by the said c-----a:"/2 f.s e on this the
023 __..,day of '1)27eoffice.
2004,to certify which witness my hand and seal of
` -3.v;.G-;�•"�•.w..„sci'...f.: ••�� .....:.. /•J:�- a 7 /' jJ
ce.
4;\,T,r My ,or;r;ssion Expires: ROTARY PUBLIC in and for the STATE OF TEXAS
Al-R1L 23 2.00o K
AFTER RECORDING, RETURN TO:
I
STATE OF TEXAS §
COUNTY OF BRAZORIA §
Before me, the undersigned Notary Public, on this the ",3 day of .- -,-.„--a
2004,personally appeared ,// ;j d,7 . • ,the ..
C': , `-Pi-a.»��w.• of the City of Pearland,to be the person'whose name is
subscribed to the foregoing instrument, and who acknowledged to me that same was executed for
the purposes and considerations expressed therein.
SUBSCRIBED AND SWORN TO BEFORE ME by the.said 6i//. c5'A . on
•
this the c23 day of v 7-g-i-c_,,I, ,2004,to certify which witness my hand and seal
of office. c..;; Zi
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6�
iSA e YPJ' PEEL see LEHMAN SS
Ili . a Notary Psiliiy,State of Ts NOTARY PUBLIC in and for the STATE OF TEXAS
.. :.T y Commission Expires:
AFTER RECORDING, RETURN TO:
EXHIBIT A
TRACT I
Being 842.2 square feet out of the W.D.C. Hall League, A-70, Brazoria County, Texas, and being more
particularly described by metes and bounds as follows:
Commencing for reference at al/2-inch iron rod found in the northerly line of F.M.518 (variable width)and
accepted as marking the southeast corner of a City of Pearland tract of land as described in deed recorded in
Volume 880, Page 208, Brazoria County Deed Records, from said iron rod bears a found 1 inch iron pipe
(bent)S 45°20'W,2.78 feet;
THENCE N 45°19'57"E,210.22 feet along the northeasterly line of said City of Pearland tract to a found%2
inch iron rod;
THENCE N 44°40'03"W, 10.91 feet along the northeasterly line of said City of Pearland tract to a found%
inch iron rod being the Point of Beginning and the most southerly corner of the herein described
tract;
THENCE N 48°58'50"W, 9.75 feet along the northeasterly line of said City of Pearland tract to a found%
inchu"•on rod,from said iron rod bears a found%2 inch iron pipe N 87°07 E, 0.25 feet;
THENCE N 48°24'04"E, 171.36 feet,to an existing fence line;
THENCE S 45°02'53"W,92.85 feet along the existing fence line to a found 3/4 inch iron pipe;
THENCE S 45°16'04"W, 77.53 feet along the existing fence line to the Point of Beginning.
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BARLOW TODD JONES & BRUST, L. L. P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
17225 EL CAMINO REAL, SUITE 400
HOUSTON, TEXAS 77058-2768
(CLEAR LAKE CITY)
(28 I ) 488-8440 / FAx (28 I ) 488-6832
www.barlowtoddlaw.lawoffice.com
BILL A. TODD, JR., P.C. E-Mail: willtodd@swbell.net
December 8, 2003
City of Pearland
Attn.: Mr. Darrin Coker
City Attorney
3519 Liberty Drive
Pearland, Texas 77581
Re: Four Seasons Self Storage at Broadway Dixie, L.P.
Dear Darrin:
It appears there is another issue with respect to the property line of my client's property.
With that as a backdrop, enclosed is a survey of the property in issue. In that regard,the survey
indicates there is a"gap or gore"issue with respect to this property. Specifically, note the
triangular portion at the northwestern corner of this property which appears to be the City's
("first gore"). Likewise, about halfway down the westerly border of the property and to the west
of that boundary, is another triangular portion that/appears to be my client's property("second
gore"). As an approach to remedying this situation, I would propose that my client convey to the
City by deed without warranty the first gore and that the City convey to my client by deed
without warranty the second gore.
Please digest the above and I will call you sometime in the next couple of days to discuss.
Thanking you in advance for your attention and consideration of this matter.
Sincerely,
Bill A. Todd, Jr.
BAT/em
Enclosure
cc: Four Seasons Self Storage at Broadway Dixie (cover letter only)