HomeMy WebLinkAboutQuitclaim Deed - Garage Ultimate of Friendswood, LLP - 4650 FM 2351 RD •
• RP--2O19-85'6 a
03/04,/2019 RP2 932.00
4.
Quitclaim Deed
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: December 3, 2018
Grantor: City of Friendswood, Texas
Grantor's Mailing Address: 910 S. Friendswood Drive
Friendswood, Galveston County, Texas 77546
Grantee: Garage Ultimate of Friendswood, LLP Ld—
Grantee's Mailing Address:13815 Barryknoll Ln.
Houston, Texas 77079
Attn: Nick Deutsch
Consideration: Ten Dollars($10.00)
Property(including any improvements):
A 0.6061 acre (26,400 sq. ft.)tract of land,being out of Unrestricted Reserve"A", V
Block 1, of the Benzi Development Garage Condominiums, a subdivision
recorded in Film Code No. 678060, Harris County Map Records, Harris County,
Texas and being more particularly described by metes and bounds 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 3`d day of December, 2018.
CITY OF FRIENDSWOOD, TEXAS
By: LJA. /
ike Fore, an
Mayor
ATTEST:
• FROE • •••
a •• .NOS••
Melinda Welsh, TRMC 0
City Secretary '*
•••..STATE OF TEXAS § •; • •••
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Mike Foreman, 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 day of December,
2018.
eJL,ULL-
Notary Public, State of Texas
0,•0,14, MICHELLE PEREZ
Notary ID #12845085 2 �t C le. e
My Commission Expires Printed name: 1
November 18, 2022
My commission expires: \ 142 1 22-
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FILED FOR RECORD
8:00:00 AM
Monday, March 4, 2019
g4tCc-e..-e-,C7:--e-g2g4--Ze4-e--O--e-k-D
COUNTY CLERK, HARRIS COUNTY, TEXAS
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL,OR USE OF THE DESCRIBED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time
stamped hereon by me;and was duly RECORDED; in the Official Public Records of Real Property of Harris
County Texas
Monday, March 4, 2019
4. %,. g-fiee--e-t....(7:6=24.-Zet4-4
V 4
1, �� COUNTY CLERK
HARRIS COUNTY, TEXAS
CCOA
(Title: An ordinance approving a vacation of aportion of apublic right-of-way.) �e
PP g g Y•) U�(o,„
ORDINANCE NO.2018-33
R AN ORDINANCE APPROVING A VACATION OF A
PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED
ADJACENT TO 4650 FM 2351 WITHIN THE PROPERTY
PLATTED AS BENZI DEVELOPMENT GARAGE
CONDOMINIUMS; AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY SECRETARY TO ATTEST A
QUITCLAIM DEED BY AND BETWEEN THE CITY AND
NICK DEUTSCH.
* * * * * * * * * * *
WHEREAS, a forty (40) foot right-of-way for Blackhawk Boulevard (.6061 acres) was
dedicated to the public by way of a subdivision plat known as Benzi Development Garage
Condominiums, a subdivision recorded in Film Code No. 678060, Harris County Map Records,
Friendswood, Harris County, Texas, adjacent to a certain property located in the City of
Friendswood, Texas at 4650 FM 2351, also known as Unrestricted Reserve A, Block 1 of Benzi
Development Garage Condominiums Subdivision according to Film Code No. 678060 of Map
Records of Harris County, Texas; and
WHEREAS, the owner of said property, Nick Deutsch on behalf of Benzi Development
Garage Condominiums,has applied to the City to vacate a .6061 acre(26,400 square feet)portion
of the said forty(40) foot wide Blackhawk Boulevard right-of-way; and
WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of
Friendswood, Texas, the applicant has 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 Major Thoroughfare Plan was amended by Ordinance 2018-05, and the
•
Blackhawk Boulevard extension was removed from the map; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the application for the request to vacate the .6061 acre
portion of 40-foot right-of-way of Blackhawk Boulevard; and
WHEREAS, the City Council of the City of Friendswood deems it in the best interest of
the City of Friendswood to approve the vacation of the forty(40)foot wide Blackhawk Boulevard
right-of-way to the applicant.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
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 right-of-way to the owner of property located at 4650
FM 2351, also known as Unrestricted Reserve A, Block 1 of Benzi Development Garage
Condominiums Subdivision according to Film Code No. 678060 of Map Records of Harris
County, Texas:
A 0.6061 acre (26,400 sq. ft.)tract of land,being out of Unrestricted Reserve"A",
Block 1,of the Benzi Development Garage Condominiums,a subdivision recorded
in Film Code No. 678060, Harris County Map Records, Friendswood, Harris
County, Texas. Said easement area to be released is more clearly shown on the
survey attached hereto and made a part hereof.
Section 2. That the metes and bounds description attached to this ordinance as Exhibit
"A" shall constitute the legal description of the right-of-way being vacated and released to the
owner of property located at 4650 FM 2351, also known as Unrestricted Reserve A, Block 1 of
Benzi Development Garage Condominiums Subdivision according to Film Code No. 678060 of
Map Records of Harris County, Texas.
Ord No.2018-33 2
PASSED AND APPROVED on first reading this 5th day of November, 2018.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of
December, 2018.
Zad
Mike Fore an
Mayor
ATTEST:
of FRi'NO
_Luv/•
Melinda Welsh, TRMC ,'Cj:• •G*••
City Secretary :* ar 0
•�9�F 4 F T ESP''•
•
Ord No.2018-33 3
Exhibit A
1. Metes and Bounds Description and Survey
Ord No.2018-33 4
A 0.6061 acre (26,400 sq. ft.) tract of land, being out of Unrestricted Reserve "A", Block 1, of
the Benzi Development Garage Condominiums, a subdivision recorded in Film Code No.
678060, Harris County Map Records, Harris County, Texas and being more particularly
described by metes and bounds as follows:
BEGINNING, at a found 5/8-inch iron rod with cap, being the westerly corner of said Unrestricted
Reserve"A", in the south right-of-way line of Timber Creek Private Drive;
THENCE, South 42°16'45" West, along the southeast line of said Unrestricted Reserve "A", a
distance of 660.00 feet to a found 5/8-inch iron rod with cap, being the southerly corner of said
Unrestricted Reserve "A";
THENCE, North 48°20'02"West, along the southerly line of said Unrestricted Reserve "A", a
distance of 40.00 feet to a point;
THENCE, North 42°16'45"East, across said Unrestricted Reserve "A", a distance of 660.00 feet
to a point in the south right-of-way line of Timber Creek Private Drive;
THENCE,South 48°20'02"East,along the south right-of-way line of Timber Creek Private
Drive, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.6061 acre of
land.
This metes and bounds description was compiled in conjunction with a survey performed
on the same date.
WITNESS my hand and seal th"s 18th day of July, 2018.
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.......a a m,..,.,--- RECORDER'S MEMORANDUM:
_ At the time of recordation, this instrument was
���. .� -.�-� found to be inadequate for the best photographic
all
,mor s . � reproduction because of Illegibility, carbon or
y ro � photo copy,discolored paper,etc.AN blackouts,
-1^--_�.m-. E o: additions and changes were present at the time
loam COW"' ppp/// 4••*'4'- the Instrument was filed and recorded.
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* F 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: December 3, 2018
Date Submitted: November 20, 2018 Dept. Clearances: Steven
Rhea
Prepared by:Aubrey Harbin
Subject: Request to vacate 40 feet of right-of-way at 4650 FM 2351
Originating Department: Community Development City Attorney Review: Yes
Proceeding: 2"d reading of Ordinance
Degree of importance: Critical I I Significant® Elective n
Expenditure Required: Amount Budgeted: MK
Appropriation Required: Source of Funds: Morad Kabiri
City Manager
FINANCE APPROVAL:
SUMMARY I ORIGINATING CAUSE
In 2016, this property owner platted his 10-acre tract of land in order to develop the property. At the
time, an extension of Blackhawk Boulevard was identified on the City's Major Thoroughfare Plan as a
future 80-100 foot boulevard;therefore,the property owner was required to dedicate half of the width of
the proposed boulevard. In March 2018, the Major Thoroughfare Plan was amended and the Blackhawk
Boulevard extension was removed from the plan. This property owner is now requesting to reverse the
dedication of the 40 feet of right-of-way.
IMMINENT CONSEQUENCES/ BENEFIT TO COMMUNITY
It is unnecessary for the City to retain this portion of dedicated right-of-way since the road extension was
removed from the MTP. Additionally,there was never any funding for the road to be built.
RECOMMENDATIONS
The Planning and Zoning Commission voted unanimously 7-0 to approve the above referenced request to
vacate right-of-way.
ATTACHMENTS
Ordinance
Exhibit A
Planning and Zoning Recommendation Memo
City of Friendswood
Memo
To: Mayor and City Council .ck)
From: Joe Matranga, P&Z Chairman
Date: November 6, 2018
Re: Request to vacate a 40-ft ROW of Blackhawk Blvd. (portion
adjacent to 4650 FM 2351), a 0.6061 acre (26,400 sq. ft.) tract
of land, being out of Unrestricted Reserve "A", Block 1, of
the Benzi Development Garage Condominiums, a subdivision
recorded in Film Code No. 678060, Harris County Map
Records, Friendswood, Harris County, Texas
At the meeting held November 5, 2018, the City of Friendswood Planning and
Zoning Commission voted unanimously 7-0 to approve the above referenced
request to vacate right-of-way.
•
Michelle A. Perez
From: Aubrey Harbin
Sent: Tuesday, October 30, 2018 4:53 PM
To: Melinda Welsh; Michelle A. Perez
Cc: Glenda C. Faulkner; Morad Kabiri; Steven Rhea
Subject: FW: Ordinance - Vacate 40ft ROW Blackhawk Blvd.
Attachments: Ord 2018-XX vacation of public right-of-way Blackhawk Blvd.doc
Melinda,
The ordinance for the request to vacate the portion of 40ft Blackhawk Blvd. right-of-way is attached. Mary Kay's
approval is below.
Thank you,
Aubrey
From: Mary K. Fischer
Sent:Tuesday, October 30, 2018 4:24 PM
To:Aubrey Harbin <aharbin@ci.friendswood.tx.us>
Subject: RE: Ordinance-Vacate 40ft ROW Blackhawk Blvd.
I just added an "a" to "made a part hereof' to the very end of Section 1.
Looks good to me.
Mary Kay
From:Aubrey Harbin
Sent:Tuesday, October 30, 2018 4:06 PM
To: Mary K. Fischer<mfischer@ci.friendswood.tx.us>
Subject: Ordinance -Vacate 40ft ROW Blackhawk Blvd.
Good afternoon Mary Kay,
Could you please review the attached ordinance and Exhibit and let me know if any corrections/changes are
needed? The memo for the request was email previously, but if you need it or anything else for additional information,
please let me know.
Thank you!
Aubrey
Aubrey Harbin, LEED AP
Director of Community Development/Planner
910 S. Friendswood Dr.
Friendswood,Texas 77546
281-996-3280
www.friendswood.com
1
MAY BE VIEWED IN ITS ENTIRETY
IN THE CITY SECRETARY'S OFFICE
AN ORDINANCE APPROVING A VACATION
OF A PORTION OF A PUBLIC RIGHT-OF-WAY.
I MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD,
TEXAS, DO HEREBY CERTIFY THAT ON NOVEMBER 01, 2018, PROPOSED
ORDINANCE NO. T2018-33, 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: 11/01/18 FIRST READING: 11/05/18
TIME: 3:00 PM SECOND AND FINAL READING: 12/03/18