HomeMy WebLinkAboutQuitclaim - Garcia, Allexander & Malinda - 1008 MAJESTIC LN 2464
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Quitclaim
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
Date: February 6, 2012
Grantor: City of Friendswood,Texas
Grantor's Mailing Address: 910 S. Friendswood Drive,Friendswood, Galveston County,Texas
77546
Grantee: Alexander Garcia and Malinda Garcia
Grantee's Mailing Address: 1008 Majestic Lane, Friendswood,Galveston County,Texas 77546
Consideration: Ten Dollars ($10.00)
Property(including any improvements):
All of that certain portion of a roadway easement lying and being situated in
Galveston County, Texas, being out of and a part of a 40-foot wide roadway
easement as dedicated on the HOIDALE AND COFFMAN SUBDIVISION, a
subdivision plat of record in Volume 215, Page 394, Galveston County Map
Records (G.C.M.R.); being out of and a part of Lot 4, Block 1, THE FOREST
SECTION THIRTEEN, a subdivision plat of record in Volume 2004A, Page 55
of the Galveston County Plat Records, Galveston County, Texas, more
particularly described in Exhibit "A", which is attached hereto and incorporated
herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining its interest in and to any other easements of record, utility or otherwise, appearing on
any map,plat or record thereof.
For the Consideration, Grantor quitclaims to Grantee all of Grantor's right, title, and
interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors,
and assigns forever. Neither Grantor nor Grantor's heirs, successors, or assigns will have, claim,
or demand any right or title to the Property or any part of it.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED this 6 day of February, 2012.
CITY OF FRIENDSWOOD,TEXAS
By 0 krn,
1 firKJ. •mith
Mayor
ATTEST: F RIENQ
'filAiikA;c0 or` s4
o
Melinda Welsh,TRMC * ,^`
City Secretary
s5, Py
,9re OF ��+
STATE OF TEXAS §
COUNTY OF GALVESTON §
BEFORE ME,the undersigned Notary Public,on this day personally appeared
David J. H. Smith,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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this CO day of February,
2012.
L,A0aisdkilik, 4eAU)3__
�� MIEHELLE ANN PEREZ Notary Public, State of Texas
NOTARY PUBLIC
STATE OF TEXAS ,,� A 1 -7
'''gyp My Commissbn Expires 11-18-2014 Printed name: '�/,1(; \. 4
My commission expires: " I 11 114'
Exhibit A
METES AND BOUNDS DESCRIPTION
20-FOOT WIDE ROADWAY ABANDONMENT
0.045 ACRE(1,948 SQUARE FEET)
PERRY AND AUSTIN LEAGUE,A-20
GALVESTON COUNTY,TEXAS
Being a 20-foot wide roadway abandonment containing 0.045 acre (1,948 square feet) of land
situated in the Perry and Austin League, Abstract Number 20, Galveston County, Texas; being
out of and a part of a 40-foot wide roadway easement as dedicated on the HOIDALE AND
COFFMAN SUBDIVISION, a subdivision plat of record in Volume 215, Page 394, Galveston
County Deed Records (G.C.D.R.); being out of and a part of Lot 4, Block 1, THE FOREST
SECTION THIRTEEN, a subdivision plat of record in Volume 2004A, Page 55 of the Galveston
County Plat Records, Galveston County, Texas; said 0.045 acre 20-foot wide roadway
abandonment being more particularly described as follows(bearings are oriented to the bearing
base reflected on said THE FOREST SECTION THIRTEEN):
COMMENCING at 5/8-inch iron rod with plastic cap stamped "COASTAL BEND" found at the
most northerly terminus of Pine Cone Lane (60 feet wide) and for the most westerly corner of
Lot 1, Block 1, THE FOREST SECTION THIRTEEN; said iron rod being on the common line of
the northwesterly line of THE FOREST SECTION THIRTEEN and that certain tract of land
conveyed to James A. Banfield as described in deed recorded in Volume 3157, Page 135,
G.C.D.R.;
THENCE, North 41°42'07" East, departing the northeasterly right-of-way (R.O.W.) line of said
Pine Cone Lane and along said common line, a distance of 315.89 feet to the westerly common
corner of Lots 3 and 4 and for the POINT OF BEGINNING and most westerly corner of the
herein described 20-foot wide roadway abandonment;
THENCE, North 41°42'07" East, continuing along said common line, a distance of 98.15 feet to
the- most northerly corner of Lot 4 and the herein described 20-foot wide roadway
abandonment;
THENCE, South 43°52'28" East, along the northeasterly line of said Lot 4, a distance of 20.06
feet to the most easterly corner of the herein described 20-foot wide roadway abandonment,
from which a 5/8-inch iron rod found for reference bears South 43°52'28"East, 110.60 feet;
THENCE, South 41°42'07"West, over and across said Lot 4, at 20 feet from and at right angles
to the northwesterly line of said Block 1, a distance of 96.60 feet to the common line of Lots 3
and 4 and for the most southerly corner of the herein described 20-foot wide roadway
abandonment;
THENCE, North 48°17'53"West, continuing along said common line, a distance of 20.00 feet to
the POINT OF BEGINNING and containing 0.045 acre (1,948 square feet) of land. This
description is based on a field survey performed by Boundary One Surveyors, L.L.C., on
November 4, 2011. Project Number 1851-1126.
Compiled by: Christian Van Offenburger, R.P.L.S.
Boundary One Surveyors, L.L.C. ��'c� 9.7f jF •
Friendswood,TX 77546 ,'
150 W. Shadowbend, Suite 303 ?;�� R
(281)648 3131 go
;�
(281)648-3737 FAX
January 10, 2012. • 9N��Fss�• ,
SUR
Mb0045_LOT 4.doc I - 10
FILED AND RECORDED
_ C'F11CIAL PUBLIC R� ORJS
201 3002464
J.yr.uary 10, 20:3 02 'S2.29 PM
FEE: $24.00
Dwight D Sullivan, ::ounty Cierk
Galveston County, TEXAS
�k 1
FRIENDSWOOD CITY COUNCIL AGENDA 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: February 6, 2012
Date Submitted: January 25, 2012 Dept. Clearances: Morad Kabiri
Prepared by: Mona Miller Originating Department: Community Development
Subject: Abandonment of 20-feet of a 40-foot road right of way(ROW) on 1002, 1004, 1006 and
1008 Majestic Lane
Proceeding: Ordinances
Degree of importance: Critical❑ Significant n Elective
Expenditure Required: N/A Amount Budgeted: N/A RCR
Roger C. Roecker
Appropriation Required: N/A Source of Funds: N/A City Manager
FINANCE APPROVAL:N/A
SUMMARY/ORIGINATING CAUSE
At the request of property owners, an application to abandon 20-feet of a 40-foot ROW that
crosses the back of their lots has been submitted. The City Attorney has prepared the attached
ordinance and quit-claim deeds.
IMMINENT CONSEQUENCES/BENEFIT TO COMMUNITY
Abandoning the ROW would allow the property owners to have more buildable area in their
lots. The existing 10-foot utility easement in the very rear of their lots will remain in place.
RECOMMENDATIONS
The Planning and Zoning Commission will consider this item immediately following the JPH.
ATTACHMENTS
Ordinance
Exhibit A—Metes- Bounds Description
Quitclaim Deed -Exhibit Espino
Quitclaim Deed -Exhibit Wilber
Quitclaim Deed -Exhibit Janis
Quitclaim Deed -Exhibit Garcia
Application
Plat
Note:Contact the City Manager's Office when agenda packet information is ready to be reviewed.
APPLICATION FOR VACATION OF PUBLIC EASEMENTS AND RIGHTS-OF-WAY
Date: /2 /
Public Hearing Date:
Kenne4.k 54d.cy s , A/4-artier + htaiiic.Lcc, Gnrc.icc.
1. Applicant's Name Maifhew t-Sc a. (.Ui(b€.rf �.cctt �. GS�oi11E7•
2. Address /00& /Oo V j /oo 6 d- •/oo R_ /Y aXes i c, •e_ . Fr;encL w(9acQ.7X
3. Telephone No. 813 2-3 ,9 Ea
4. Subdivision Name For-est
5. Request is hereby made to vacate the following: (check one)
Street Alley Easement X( Other
Street Name 4,/A- Subdivision Name -The Foc 'I
Abutting Blocks N/4- Abutting Lots 4L/A
6. Reason for the vacation request: 4-6o44i r1t e inut'IclillJ GV'eo O our^
f3 rsor'.al prop•edge.5. Pool ).
7. Subject Improvement located in subject right-of-way:
None X Paving Curb&Gutter Power Lines/Poles Fences/Walls
Structures Other
8. Underground Improvements located in subject right-of-way:
None X Telephones Electric Gas Water Water Sewer Storm
Drain Unknown Other
9. Future Use of the Vacated right-of-way:
Yards Parking Expand Building Area X Replat with Abutting Land
Other
METES AND BOUNDS DESCRIPTION
20-FOOT WIDE ROADWAY ABANDONMENT
0.190 ACRE(8,262 SQUARE FEET)
PERRY AND AUSTIN LEAGUE,A-20
GALVESTON COUNTY,TEXAS
Being a 20-foot wide roadway abandonment containing 0.190 acre (8,262 square feet) of land
situated in the Perry and Austin League,Abstract Number 20,Galveston County,Texas; being
out of and a part of a 40-foot wide roadway easement as dedicated on the HOIDALE AND
COFFMAN SUBDIVISION, a subdivision plat of record in Volume 215, Page 394, Galveston
County Deed Records (G.C.D.R.); being out of and a part of Lots I through 4, Block 1, THE
FOREST SECTION THIRTEEN, a subdivision plat of record in Volume 2004A, Page 55 of the
Galveston County Plat Records, Galveston County, Texas; said 0.190 acre 20-foot wide
roadway abandonment being more particularly described as follows (bearings are oriented to
the bearing base reflected on said THE FOREST SECTION THIRTEEN):
BEGINNING at 5/8-inch iron rod with plastic cap stamped "COASTAL BEND"found at the most
northerly terminus of Pine Cone Lane (60 feet wide) and for the most westerly corner of Lot 1,
Block 1, THE FOREST SECTION THIRTEEN; said iron rod being on the common line of the
northwesterly line of THE FOREST SECTION THIRTEEN and that certain tract of land
conveyed to James A. Banfield as described in deed recorded in Volume 3157, Page 135,
G.C.D.R.; said iron rod for the most westerly corner of the herein described 20-foot wide
roadway abandonment;
THENCE, North 41°42'07" East, departing the northeasterly right-of-way (R.O.W.) line of said
Pine Cone Lane and along said common line, a distance of 414.04 feet to the most northerly
corner of Lot 4, Block 1,THE FOREST SECTION THIRTEEN and for the most northerly corner
of the herein described 20-foot wide roadway abandonment;
THENCE, South 43°52'28" East, along the northeasterly line of said Lot 4, a distance of 20.06
feet to the most easterly corner of the herein described 20-foot wide roadway abandonment,
from which a 5/8-Inch iron rod found for reference bears South 43°52'28" East, 110.60 feet;
THENCE, South 41°42'07" West, over and across said Lots 1 through 4, Block 1, at 20 feet
from and at right angles to the northwesterly line of said Block 1, a distance of 411.87 feet to
the aforesaid curved northeasterly R.O.W. line of Pine Cone Lane and for the most southerly
corner of the herein described 20-foot wide roadway abandonment;
THENCE, Northwesterly,an arc distance of 16.54 feet along said northeasterly R.O.W.line and
a curve to the right, having a central angle of 04°18'23", a radius of 220.00 feet, and a chord
which bears North 50°27'05"West, 16.53 feet to a 5/8-inch iron rod with plastic cap stamped
"COASTAL BEND"found marking a point of tangency;
THENCE, North 48°17'53"West,continuing along said northeasterly R.O.W.line, a distance of
3.48 feet to the POINT OF BEGINNING and containing 0.190 acre (8,262 square feet) of land.
This description is based on a field survey performed by Boundary One Surveyors, L.L.C., on
November 4,2011. Project Number 1851-1126.
Compiled by:Christian Van Offenburger, R.P.L.S.
Boundary One Surveyors, L.L.C.
150 W.Shadowbend, Suite 303
Friendswood,TX 77546
(281)648-3131
(281)648-3737 FAX
November 10,2011
Mb0190.doc
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Michelle A. Perez
From: Michelle A. Perez
Sent: Friday, January 13, 2012 2:53 PM
To: Morad Kabiri; Mona Miller
Subject: FW: Ordinance Posting
Attachments: Ord 2012-03 Exhbit A.pdf; Ord 2012-03 vacation of public right-of-way.doc
FYI
Michelle Perez
Deputy City Secretary
City Secretary's Office
910 S. Friendswood Dr.
Friendswood, Tx 77546
281-996-3270 Phone
281-482-1634 Fax
From: Michelle A. Perez
Sent: Friday, January 13, 2012 2:52 PM
To: Mayor; Mike Barker; Billy Enochs; Jim Hill; Pat McGinnis; John Scott; Deirdre Brown; Roger Roecker
Cc: Melinda Welsh
Subject: Ordinance Posting
The following Ordinance was posted today for the January 23, 2012, meeting.
Thanks,
Michelle Perez
Deputy City Secretary
City Secretary's Office
910 S. Friendswood Dr.
Friendswood, Tx 77546
281-996-3270 Phone
281-482-1634 Fax
Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest
compliment, or the smallest act of caring, all of which have the potential to turn a life around. - Leo
Buscaglia
1
MAY BE VIEWED IN ITS ENTIRETY
IN THE CITY SECRETARY'S OFFICE
AN ORDINANCE APPROVING A
PARTIAL VACATION OF A
PUBLIC RIGHT-OF-WAY
I MELINDA WELSH, CITY SECRETARY OF THE CITY OF
FRIENDSWOOD, TEXAS, DO HEREBY CERTIFY THAT ON JANUARY 13,
2012, PROPOSED ORDINANCE NO. T2012-03, WAS POSTED AT THE CITY
HALL, PUBLIC LIBRARY BULLETIN BOARD AND DISTRIBUTED TO
MAYOR AND COUNCILMEMBERS AND MADE AVAILABLE TO THE
PUBLIC FOR REVIEW.
ATTEST:
MELINDA WELSH,TRMC
CITY SECRETARY
DATE: 01/13/12 lst READING: 01/23/12
TIME: 3:00 PM SECOND AND FINAL READING: 02/06/12
(Title: An ordinance approving a partial vacation of a public right-of-way.)
ORDINANCE NO. 2012-03
AN ORDINANCE APPROVING A PARTIAL VACATION
OF A PUBLIC RIGHT-OF-WAY SITUATED ON
PROPERTY LOCATED AT 1002, 1004, 1006 AND 1008
MAJESTIC LANE, FRIENDSWOOD, TEXAS;
AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY SECRETARY TO ATTEST A QUITCLAIM DEED
BY AND BETWEEN THE CITY AND MR. RAUL
ESPINO, MR. AND MRS. MATT WILBER, MR. AND
MRS. KENNETH JANIS, AND MR. AND MRS.
ALEXANDER GARCIA.
* * * * * * * * * * *
WHEREAS, a forty (40) foot wide road easement was dedicated to the public by way of
a recorded final plat of The Forest subdivision, Section Thirteen, over and across a portion of the
rear of the properties located at 1002, 1004, 1006 and 1008 Majestic Lane, Friendswood, Texas;
and
WHEREAS, the owners of said properties have applied to the City for the vacation of a
twenty (20) foot wide portion of the said forty (40) foot wide road easement; and
WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of
Friendswood, Texas, the applicants have supplied all required information to the City, and the
City Council has conducted a joint public hearing with the Planning and Zoning Commission to
consider any public comments concerning the proposed vacation; and
WHEREAS, the City Council of the City of Friendswood deems it in the best interest of
the City of Friendswood to approve the partial vacation of the forty (40) foot wide road easement
to the applicants.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
v
Section 1. That the Mayor and City Secretary are hereby authorized and directed to
execute and attest, respectively, any and all quitclaim deeds necessary to provide for the vacation
and release of the following portion of the road easement to the owners of properties located at
1002, 1004, 1006 and 1008 Majestic Lane, Friendswood, Texas:
Being the south twenty (20) feet of an existing forty (40) foot wide road easement
situated at the rear of 1002, 1004, 1006 and 1008 Majestic Lane, being Lots 1, 2,
3 and 4, Block 1 of The Forest Section Thirteen, a subdivision in Galveston
County, Texas, according to the plat thereof, recorded in Volume 2004A, Page
55, of the Map Records of Galveston County, Texas. Said easement area to be
released is more clearly shown on the drawing attached hereto and made part
hereof.
Section 2. That the metes and bounds descriptions attached to this ordinance as
Exhibit "A" shall constitute the legal descriptions of the road easements being vacated and
released to the owners of properties located at 1002, 1004, 1006 and 1008 Majestic Lane,
Friendswood, Texas.
PASSED AND APPROVED on first reading this 23rd day of January , 2012.
PASSED, APPROVED, and ADOPTED on second and final reading this 6th day
of February , 2012.
\q
David J. S ith
Mayor
ATTEST: � WEN°S
\-ESA'24-- CWW
Melinda Welsh, TRMC * * *
City Secretary