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R89-28 08-21-89RESOLUTION N0. R89-28 A RESOLUTION ACCEPTING THE RIGHT-OF-WAY DEEDS FROM BEAU-BAY DEVELOPMENT CORPORATION, BARCLAY V. BARNETT, AND RERLINDA V. MENDEZ TO THE CITY OF PEARLAND, TEXAS, DEEDS ATTACHED AS EXHIBITS "A", "B", AND "C." WHEREAS, the City of Pearland, Texas, is in need of a right-of- way across the land which is described in the Deeds attached hereto as Exhibits "A", "B", and "C"; WHEREAS, the Grantors are willing to grant to the City of Pearland said rights-of-way; WHEREAS, the Grantors are the fee simple owners of said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: SECTION 1. That the City of Pearland, Texas, hereby accepts the attached Right-of-Way Deed from Beau-Bay Development Corporation, Barclay V. Barnett, and Herlinda V. Mendez to the City of Pearland, Texas, for the purpose as set out in the Right-of-Way Deeds attached hereto. SECTION 2. That the City Secretary is hereby authorized and in the Real Estate Records of directed to file such Deeds and Releases Brazoria County, Texas. PASSED and APPROVED this the ~/ A. D., 1989. day of ~,~~4~ Mayor ATTEST: City~Sretary~b APPROVED AS TO FORM: City Attorney 41V- 89710 330 25076 WARRANTY DEED THE STATE OF TEXAS G COUNTY OF BRAZORIA 0 KNOW ALL MEN BY THESE PRESENTS 0 That BEAU-BAY DEVELOPMENT CORPORATION, a Texas Corpora- ; tion, of the County of Brazoria and State of Texas for and in consideration as a gift and without any monetary considera- tion to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the City of Pearland of the County of Brazoria and State of Texas, all of the following described real property in Brazoria County, Texas, to-wit: A strip of land for road widening out of a 36. 8149 acre tract out of the Northeast one-quarter of the Northwest one-quarter of Section 12, F.B. Drake Survey, Abstract 508, Brazoria County, Texas, being the same land described in Deed recorded in Volume 111 , Page 874 of the Official Records of Brazoria County, Texas, said strip of land being more particularly described as follows: BEGINNING at a 1/2 inch iron rod at the northwest corner of the aforementioned 36. 8149 acre tract which bears EAST a distance of 1320. 00 feet and S 00 degrees 06' 34" E a distance of 32. 27 feet from the northwest corner of Section 12, F.B. Drake Survey, Abstract 508, Brazoria County, Texas; THENCE EAST along the north line of said 36. 8149 acre tract, a distance of 1063. 84 feet to a 1/2 inch iron rod for corner in the west right of way line of Veterans Drive, also being the northeast corner of said 36. 8149 acre tract; THENCE in a southeasterly direction along the west right of way line of Veterans Drive and a curve to the left having a radius of 633. 03 feet and a central angle of 03 degrees 48' 20" , a distance of 42. 05 feet to a point for corner; j THENCE S 85 degrees 10' 11" W a distance of 215. 78 feet to a point for corner; THENCE S 89 degrees 59' 04" W a distance of 628. 22 feet to a point for corner; THENCE N 82 degrees 53' 28" W a distance of 88. 07 feet to a point for corner; THENCE N 83 degrees 00' 07" W a distance of 148. 88 feet to a point for corner in the west line of the 36. 8149 acre tract; THENCE N 00 degrees 06' 34" W along the west line of said 36. 8149 acre tract, a distance of 28. 72 feet to the PLACE OF BEGINNING and containing 56, 518. 02 square feet of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, its heirs and assigns fp'rever; and I do hereby bind my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its heirs and assigns, against every person whomsoever law- fully claiming or to claim the same or any part thereof . P. ♦ 89710 332 25077 PARTIAL RELEASE OF LIEN THE STATE OF TEXAS q D KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA 4 THAT the undersigned, of the County of Brazoria, and State of Texas, the present legal and equitable owner and holder of that one certain promissory note in the original principal sum of THREE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($325, 000 . 00) dated February 28, 1985, executed by BEAU-BAY DEVELOPMENT CORPORATION, payable to HOUSTON BANK OF COMMERCE, more fully described in a Deed of Trust, duly recorded originally in Vol. 85 111 , Page 878 of the Deed of Trust Records of Brazoria County, Texas; said note being secured by said deed of trust lien against the following described property, to-wit: A strip of land for road widening out of a 36 . 8149 acre tract out of the Northeast one-quarter of the Northwest one-quarter of Section 12, F.B. Drake Survey, Abstract 508, Brazoria County, Texas, being the same land described in Deed recorded in Volume 111 , Page 874 of the Official Records of Brazoria County, Texas, said strip of land being more particularly described as follows: BEGINNING at a 1/2 inch iron rod at the northwest corner of the aforementioned 36. 8149 acre tract which bears EAST a distance of 1320. 00 feet and S 00 degrees 06' 34" E a distance of 32. 27 feet from the northwest corner of Section 12 , F. B. Drake Survey, Abstract 508, Brazoria County, Texas; THENCE EAST along the north line of said 36. 8149 acre tract, a distance of 1063. 84 feet to a 1/2 inch iron rod for corner in the west right of way line of Veterans Drive, also being the northeast corner of said 36. 8149 acre tract; THENCE in a southeasterly direction along the west right of way line of Veterans Drive and a curve to the left having a radius of 633. 03 feet and a central angle of 03 degrees 48' 20" , a distance of 42. 05 feet to a point for corner; THENCE S 85 degrees 10' 11" W a distance of 215. 78 feet to a point for corner; THENCE S 89 degrees 59' 04" W a distance of 628. 22 feet to a point for corner; THENCE N 82 degrees 53' 28" W a distance of 88. 07 feet to a point for corner; THENCE N 83 degrees 00' 07" W a distance of 148. 88 feet to a point for corner in the west line of the 36. 8149 acre tract; ('..°) 25075 80710 328 WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA § That BARCLAY V. BARNETT and wife, NORMA F. BARNETT of the County of Brazoria and State of Texas for and in consideration as a gift and without any monetary consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto The City of Pearland of the County of Brazoria and State of Texas, all of the following described real property in Brazoria County, Texas, to-wit: A 40 foot strip of land for road widening out of a 10.00 acre tract of land called the East 1/2 of the East 1/2 of the northwest one-quarter of the northwest one-quarter of Section 12 , F. B. Drake Survey, Abstract 508 , Brazoria County, Texas, said 10 .00 acre tract being the same land described in Volume 631 , Page 775 of the Official Records of Brazoria County, Texas, said 40 foot strip being more particularly described as follows: BEGINNING at a point in the south right of way line of Magnolia Street which bears East a distance of 990 .00 feet and South a distance of 20 .00 feet from the northwest corner of the aforementioned F.B. Drake Survey, Abstract 508 , Brazoria County, Texas; THENCE EAST along the south right of way line of Magnolia Street (40 foot R.O.W. ) , a distance of 330 .00 feet to a point for corner in the east line of said 10 .00 acre tract; THENCE SOUTH along the east line of said 10 .00 acre tract, a distance of 40 .30 feet to a point for corner; THENCE N 82° 57 ' 04" W a distance of 2 .48 feet to an angle point; THENCE WEST, parallel to and 40 .00 feet south of the south right of way line of Magnolia Street, a distance of 327 .54 feet to a point for corner in the west line of said 10 .00 acre tract; THENCE NORTH along the west line of said 10 .00 acre tract, a distance of 40 .00 feet to the PLACE OF BEGINNING and con- taining 13 , 200 .38 square feet of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, its heirs and assigns forever; and I do hereby.. bind my heirs, executors an administra- tors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. \ 89710 326 25074 WARRANTY DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA That I , HERLINDA V. MENDEZ (not joined by my husband since this is my separate property) , of the County of Brazoria and State of Texas for and in consideration as a gift and without any monetary consideration to the undersigned paid by the grantee herein named, the receipt of which .is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the City of Pearland of the County of Brazoria and State of Texas, all of the following described real property in Brazoria County, Texas, to-wit: A 40 foot strip of land for road widening out of a 30. 00 acre tract of land called Tract 1 of the F. B. Drake Survey, Section 12, Abstract 508, Brazoria County, Texas, said 30. 00 acre tract being the same land described in deed recorded in Volume 194, Page 897 of the Official Records of Brazoria County, Texas, and being more particularly described as follows: BEGINNING at a point at the intersection of the east right of way line of McLean Road and the south right of way line of Magnolia Street, said point bears East a distance of 20 . 00 feet and South a distance of 20. 00 feet from the northwest corner of the aforementioned 30. 00 acre tract also being the northwest corner of the F. B. Drake Survey, Abstract 508, Brazoria County, Texas; THENCE EAST along the south right of way line of Magnolia Street (40 foot R.O.W. ) , a distance of 970.00 feet to a point for corner in the east line of said 30 . 00 acre tract; THENCE SOUTH along the east line of said 30. 00 acre tract, a distance of 40 .00 feet to a point for corner; THENCE WEST, parallel to and 40. 00 feet south of the south right of way line of Magnolia Street, a distance of 970. 00 feet to a point for corner in the east right of way line of McLean Road; THENCE NORTH along the east right of way line of McLean Road, a distance of 40. 00 feet to the PLACE OF BEGINNING and containing 38, 800. 00 square feet of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, its heirs and assigns forever; and I do hereby bind my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the .said premises unto the said grantee, its heirs and assigns, against every person whomsoever law- fully claiming or to .claim the same or any part thereof .