R2002-0110 07-08-02 RESOLUTION NO. R2002-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR THE SALE OF REAL PROPERTY
OWNED BY THE CITY OF PEARLAND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for the sale of real property owned by the
City of Pearland, the legal description of which is attached hereto as Exhibit "A," and such
bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the sale to Donya, LLC, in the
amount of $38,000.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
general warranty deed for the sale of the above real property owned by the City of
Pearland to Donya, LLC.
PASSED, APPROVED and ADOPTED this the__
A.D., 2002.
ATTEST:
Y~NG i_~~-__7/ - /¢
IY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
8 dayof July
TOM REID
MAYOR
DONYA, LLC
13630 Beamer Rd., # 107, Houston, TX 77089
Tel (281) 484-1111 Fax (281) 484-8800
Legal Department
City of Pearland
3519 Liberty Drive
Pearland, TX 77581-5416
Re: Bid No LD2002-1
June 25,2002
I am submitting this bid on behalf of Donya, LLC. a Texas Limited Liability
Company to purchase the 1.761 acre tract of land located in the W.D.C. Hall survey,
Abstract No. 70, city ofPearland, Brazoria County, Texas, part of that 13.838 acre tract
described in the final judgment of Cause No. 23,835G, recorded under Brazoria County
Clerk's file No. 98040264, located at south of FM518 and west of Liberty Road in the
city of Pearland, Texas.
I hereby submit the bid in the amount of thirty eight thousand ($38,000.00) to
purchase the said tract for Donya, LLC per terms and conditions specified in the bid
package.
Respectfully submitted:
Jay Javadi, Member/Agent
Donya, LLC.
1.761 ACRES ss
W. D. C. HALL SURVEY §
.ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS ss
EXHIBIT
FIELD NOTE DESCRIPTION cfa 1.761 acre tract of land located in the W. D. C. Hall
Survey, Abstract No. 70, City of Pearland, Brazoria County, Texas. Said 1.76l acre tract
being a part of that 13.838 acre tract (Tract 1) described in thc Final Judgement of Cause
No. 23,g35G, City of Pearland vs. 313 Acres Pearland Joint Venture, et al, recorded
under Brazoria County Clerk's File No. 9g040264,and being further described by metes
and bounds as follows: (The bearings described herein are based on the southwesterly
lines of Tract I (3.4288 acres) and Tract 2 (0.7334 acre) described in the Wan'anty Deed
to Donya L.L.C., recorded under Brazoria County Clerk's File No. 99003901.)
COMMENCING at the point of intersection of the southwesterly right-of-way line of
F.M. 518 (also know as East Broadway af~d based on a width of 100 feet) with the
northwesterly right-of-way line of Liberty Drive (based on width of 60 feet) as described
in the Right-of-Way Deed to the City of ~earland, recorded in Volume 1271, Page 566 of
the Brazoria County Deed Records;
THENCE. South 41031'50'' West, along tile northwesterly line of said Liberty Drive
passing a found 5/8-inch iron rod at a distance of 450.00 feet for the south corner of said
3.4288 acre tract and the east corner of said 13.838 acre tract, then continuing along the
northwesterly line of said Liberty Drive for a distance of 475.00 feet to a 5/g-inch iron
rod ,.vith an orange plastic cap stamped "West Belt Surveying lnc" set for the POINT OF
BEGINNING and the most southerly east corner of the herein described tract;
THENCE. South 41031'50" West, continuing along the northwesterly right-of-way line
of said Liberty Drive for a distance of 123.00 feet to a 5/8-inch iron rod with an orange
plastic cap stamped "West Belt Surveying lnc" set for the south corner of the herein
described tract;
THENCE, North 48°28' 10" West, departing the northwesterly line of said Liberty Drive
and along the southwesterly line of the herein described tract for a distance of 522.62 feet
to 5/g-inch iron rod with an orange plastic cap stamped "West Belt Surveying Inc" set for
the ,,vest corner of the herein described tract;
THENCE, North 41o31'50'' East, along the northwesterly line of the herein described
tract for a distance of 148.00 feet to a 5/8-inch iron with an orange plastic cap stamped
"West Belt Surveying, Inc." set for the west corner of said 0.7334 acre tract and the south
corner of that 0.7317 acre tract described in the General Warranty Deed to Claws & Paws
.Veterinary Hospital, recorded under Brazoria County Clerk's Fil~ No. 97022025, said
Iron rod also being an angle point in the northeasterly line of said 13.g3g acre tract and
the north corner of the herein described tract;
PAGE 2
1.761 ACRES §
W. D. C. HALL SURVEY §
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS §
THENCE, South 48028' 10" East, along the common line between the northeasterly line
of said 13.838 acre tract and the southwesterly lines of said 0.7334 acre tract, then along
said 3.4288 acre tract for a distance of 497.62 feet to a 5/8-inch iron with an orange
plastic cap stamped "West Belt Surveying, Inc." set for the most northerly east comer of
tile herein described tract;
THENCE, South 41 °31'50" West, departing tile common line between the northeasterly
line of said 13.838 acre tract and the southwesterly line of said 3.4288 acre tract, for a
distance of 25.00 feet to a 5/8-inch iron with an orange plastic cap stamped "West Belt
Surveying, Inc." set tbr corner of the herein described tract;
THENCE, South 48o28' 10" East, for a distance of 25.00 feet to the POINT OF
BEGINNING containing a computed area of 1.761 acres (76,723 square feet) of land as
depicted on the Land Title Survey prepared by West Belt Surveying for the City of
Pearland, Project No. 7230004A, dated: May 8, 2002, revised May 28, 2002.
West Belt Surveying, Inc.
15915 Katy Freeway, Suite 450
Houston. TX 77094
(713) 599-8288
~,/~oe I D.,Walker
Texas Registration No. 5189
z
Date
GENERAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS:
That the City of Pearland (a political subdivision of the State of Texas), (hereinafter
referred to as "Grantor"), of Brazoria County, Texas, for and in consideration of the sum of
TEN DOLLARS ($10.00) and other valuable consideration to Grantor paid by the City of
Pearland (a political subdivision of the State of Texas), the receipt and sufficiency of which is
hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and
convey unto , its successors and assigns, real
property ("Property") situated in Brazoria County, Texas, as described by metes and bounds in
Exhibit "A" attached hereto and incorporated herein for all purposes.
The Property conveyed shall include all right, title and interest, if any, of Grantor in and
to, (I) any land lying in a street, road, tollway, accessway or easement (including any drainage or
flood control easement) open or proposed, in front of, at the side of, adjoining, or within the
Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the
Property, (3) all reversionary rights attributable to the Property, and (4) all fights of ingress and
egress to the Property by way of open or dedicated roads and streets adjoining the Property.
This conveyance is made by Grantor and accepted by the
subject to all valid and subsisting encumbrances, .:.
conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements
appearing of record in the Official Public Records of Real Property of Brazoria County, Texas,
relative to the Property, but only to the extent the same are applicable to and enforceable against
the City of Pearland.
Grantee agrees to construct a concrete parking lot to cover the entire Property consisting
of concrete curbing and pavement, landscaping, and parking striping similar to, and of the same
type and quality as the City has on the adjacent property that is the site for the Pearland Library.
Page l of 4
The plans and specifications for curbing, pavement, landscaping, and parking striping must be
approved by the City Engineer and shall be constructed in accordance with applicable City of
Pearland Building Codes and Standards.
Grantor hereby waives the requirement of outside detention on the Property, and Grantee
agrees to purchase appropriate off-site regional detention capacity within the City in accordance
with applicable City of Pearland ordinances.
Grantor hereby reserves and retains on the Property an easement for the benefit of the
public at large to drive onto and park upon the Property motor vehicles which are legal to operate
on public roadways, with the exception of the parking of: (1) commercial vehicles as defined by
Section 29-1 of the Pearland Code of Ordinances; (2) any vehicle, trailer, or combination thereof
which exceeds twenty-five (25) feet in length; and (3) any vehicle from 11:00 p.m. to 6:00 a.m.
Grantor and Grantee hereby agree that if the concrete parking lot required by paragraph 4
of this deed is not substantially complete upon the expiration of eighteen (18) months after the
date that this deed is executed, then this deed shall become null and void, and the property shall
then and there and wholly and absolutely revert to the grantor herein.
TO HAVE AND TO HOLD the Properly, together with all and singular thc rights and
appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns,
forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the said premises unto the said City of Pearland, its
successors and assigns, against every person whomsoever lawfully claiming, or to claim the
same, or any part thereof, subject to reservations from and exceptions to warranty and
conveyance described above.
Grantor reserves all oil, gas or other minerals in, on or under the aforesaid premises, but
waives all fights of ingress and egress for the purposes of exploring, mining or drilling for the
same.
EXECUTED this day of ,2002.
Page 2 ot'4
GRANTEE'S MAILING ADDRESS:
City of Pearland
c/o Darrin M. Coker
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
GRANTOR
By:
Printed Name:
By:
Printed Name:
Page 3 of 4
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
, A.D., 2002.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Printed Name:
Commission Expires:
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
, A.D., 2002.
DAY OF
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
Printed Name:
Commission Expires:
Page 4 of 4
1.761 ACRES §
W. D. C. HALL SURVEY ss
.ABSTRACT NUMBER 70 §
BRAZOR[A COUNTY, CITY OF PEARLAND, TEXAs §
EXHIBIT
FIELD NOTE DESCRIPTION of a 1.761 acre tract of land located in the W. D. C. Hall
Sur,,,'ey, Abstract No. 70, City of Pearland, Brazoria County, Texas. Said 1.761 acre tract
being a part of that 13.838 acre tract (Tract 1) described in the [:inal Judgement of Cause
No. 3"
-.~,6.~.)ta, City of Pearland vs. 313 Acres Pearland Joint Venture, et al, recorded
under Brazoria County Clerk's File No. 98040264, and being further described by metes
and bounds as follows: (The bearings described herein are based on the southwesterly
lines of Tract I (3.4288 acres) and Tract 2 (0.7334 acre) described in the Warranty Deed
to Donya L.L.C., recorded under Brazoria County Clerk's File No. 99003901 .)
COMMENCING at the point of intersection of the southwesterly right-of-way line of
F.M. 518 (also know as East Broadway aild based on a width of'100 feet) with the
northwesterly right-of-way line of Liberty Drive (based on width of 60 feet) as described
tn the Right-of-Way Deed to the City of bearland, recorded in Volume 1271, Page 566 of
the Brazoria County Deed Records;
THENCE. South 41o31'50'' West, along the northwesterly line of said Liberty Drive
passing a found 5/8-inch iron rod at a distance of 450.00 feet for the south corner of said
3.4288 acre tract and the east corner of said 13.838 acre tract, then continuing along the
north``vesterly line of said Liberty Drive for a distance oi'475.00 feet to a 5/8-inch iron
rod with an orange plastic cap stamped "\Vest Belt Surveying lnc" set for the POINT OF
BEGINNING and the most southerly east corner of the herein described tract;
THENCE, South 41031'50" West, continuing along the northwesterly right-of-way line
of said Liberty Drive for a distance of 123.00 feet to a 5/8-inch iron rod with an orange
plastic cap stamped "West Belt Surveying lnc" set for the south corner of the herein
described tract;
THENCE, North 48028' 10" West, departing the northwesterly line of said Liberty Drive
and along the southwesterly line of the herein described tract for a distance of 522.62 feet
to 5/g-inch iron rod with an orange plastic cap stamped "West Belt Surveying Inc" set for
the west corner of the herein described tract;
THENCE, North 41°31'50" East, along the northwesterly line of the herein described
tract for a distance of 148.00 feet to a 5/g-inch iron with an orange plastic cap stamped
':West Belt Surveying, [nc." set for the ,,,,'est corner of said 0.7334 acre tract and the south
comer oftPat 0.7317 acre tract described in the General Warranty Deed to Claws & Paws
Veterinary Hospital, recorded under Brazoria County Clerk's Fil~ No. 97022025, said
iron rod also being an angle point in the northeasterly line of said 13.838 acre tract and
the north corner of the herein described tract:
PAGE 2
1.761 ACRES sS
W. D. C. HALL SURVEY sS
ABSTRACT NUMBER 70 §
BRAZORIA COUNTY, CITY OF PEARLAND, TEXAS §
TIIENCE, South 48028' 10" East, along the common line between the northeasterly line
of said 13.838 acre tract and the southwesterly lines of said u. o~ acre tract, then along
said 3.4288 acre tract for a distance of 497.62 feet to a 5/8-inch iron with an orange
plastic cap stamped "West Belt Surveying, Inc." set for thc most northerly east corner of
the herein described tract;
THENCE, South 41031'50" West, departing the common line between the northeasterly
line of said 13.838 acre tract and the southw'esterly line of said 3.4288 acre tract, for a
distance of 25.00 feet to a 5/8-inch iron with an orange plastic cap stamped "West Belt
Surveying, Inc." set tbr corner of the herein described tract;
THENCE, South 48028' 10" East, for a distance of 25.00 feet to the POINT OF
BEGINNING containing a computed area of 1.761 acres (76,723 square feet) of land as
depicted on the Land Title Survey prepared by West Belt Surveying for the City of
Pearland, Project No. 7230004A, dated: May 8, 2002, revised May 28, 2002.
\\;est Belt Surveying, Inc.
15915 Katy Freeway, Suite 450
Houston. TX 77094
(713) 599-8288
alker
Texas Registration No. 5189
Date