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Home My WebLink AboutOrdinance No. 2006-22 (Title: An ordinance authorizing the exchange of an unused .1481 acre roadway and utility easement for a .1151 acre utility easement purposes.) ORDINANCE NO.2006-22 AN ORDINANCE FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF AN UNUSED 0.1481 ACRE ROADWAY AND UTILITY EASEMENT LOCATED IN THE MARY SLOAN SURVEY, ABSTRACT 184, FRIENDSWOOD, GALVESTON COUNTY, TEXAS; PROVIDING FOR THE EXCHANGE OF SAID UNUSED ROADWAY AND UTILITY EASEMENT FOR A 0.1151 ACRE ACCESS AND UTILITY EASEMENT; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUITCLAIM DEED RELEASING THE CITY'S INTEREST IN AND TO SAID UNUSED ROADWAY AND UTILITY EASEMENT TO THE UNDERLYING FEE OWNER IN EXCHANGE FOR THE CONVEYANCE TO THE CITY OF A 0.1151 ACRE ACCESS AND UTILITY EASEMENT ADJACENT THERETO; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. * * * * * * * * * WHEREAS, the City of Friendswood, Texas (the "City"), is the owner of a 0.1481 acre roadway and utility easement out of the Mary Sloan Survey, Abstract 184, Friendswood, Galveston County, Texas, as described in that certain deed recorded in the official real property records of Galveston County, Texas, under County Clerk's file number 9722483, and being more particularly described in Exhibit "A" attached hereto and for all things made a part hereof(the "Original Easement"); and WHEREAS, in order to accommodate the installation of certain utility facilities, the City desires to exchange such unused Original Easement for a new 0.1151 access and utility easement located adjacent thereto, said 0.1151 acre easement being more particularly described in Exhibit "B" attached hereto and for all things made a part hereof(the"New Easement"); and WHEREAS, the City Council held a public hearing on the question of abandoning the Original Easement and has determined that same should be vacated, abandoned, and closed for the reason that it is no longer needed by the City; and WHEREAS, the City Council has taken into consideration the value of the property to be abandoned and has determined that the value of the New Easement equals or exceeds the value of the Original Easement; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Friendswood, Texas, hereby finds and determines that the public convenience and necessity no longer require the continued existence of the Original Easement. Section 3. The Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, a quitclaim deed, releasing the City's right, title and interest in and to the Original Easement to the underlying fee owner thereof, in exchange for the grant and conveyance to the City, by special warranty deed, of the New Easement. PASSED AND APPROVED on first reading this lltb day of September,2006. PASSED, APPROVED, AND ADOPTED on second reading this 25t6 day of September,2006. vid J. H. ith Mayor AT ST• c � s D loris McKenzie,T C City Secretary o'� �a�'�a t , �°o v o * * f �� Of Ord.2006-22 2 �IiYB7CT nAu METES AND B4U'I�lI3S DESCRIPTIvN 0.1481 l�CRE OUT OF THE NtAR.Y SL4AN SURVEY,ABSTRACT- 184 I'RIENDSWOdD, GALVESTc7N COUNTY,T�X.AS �i.11 that certaiu 0.1451 acre out of the Mary Sloan Survey, Abstract — 184, Friendswood, Galvescon Caunty, Texas and being a partion of that cert�n Dedication of Publie Road and Utility Easement deseribed in a deed dated QS-22-1973 from E. G. McMilian to City of Friendswood as £'iled in Book 2387, Page 620 Galveston Cou.nty Deea Records and being more particutarly descriU:d by meter and botu�ds as follows (with bea�rings based on the east lir3e of that ce�ain "Tract 2" deseribed. in a deed dated 04-I G-1997 from Bobbie R Crawford te Larry D. Smith as f�led in Oi�iciai Recards of Rea.� Properry of Galveston County at C�erk's Fi(e Number 9722483, Film �ode Nurnber Ol 1-85-0?3a ta be N O8°26' S2"E); Begirmiag at a found 5/8"iron rod with cap(staxnped C.L.DAVIS-RPLS 4494}marking the southwest corner of said City af Friendswoor� traet and the northwest corner of that eertain 50' Right-of-Way described in a deed dated 04-21-I934 from Robert E. Holconib, Trus�ee to Pan .Pmerican Pipel�ne Corporztion as filed in Bool� 1774,Pa�e 1 Galveston Co�nty Deed Recards; 1. Thence N 08°26' S2" E—215.00' vvith the east line of said"Tract 2"and the west line of said City of Friendswood tract to a point for corner; 2. Thence� 81°33' Q8"E—30.00' witla an interior southerly line of said City of Friendswood tracf to a found 5/$" iron rod with cap (stamped C.L.DAVIS - RPLS 4494) for con�er, from which a found 5/8"iron rod beazs S 83°47' I 1"W—0.48'for reference; 3. Thence S 08°26' S2" �I witl►the east iine of said City of Frie�icEswoad trac±, passing the southwest corner of that certain tract described in a deed dated 06-24-t 492 from Isam R. Zaid,Trustee to LRZ, Inc. as �led in Official Recorcls of Real Property of Galveston County at Clerk's File Number 4328500 �'iIm Code Number Od9-03-2b42 at IUS.OU°, and continuing with the west line af that certain called 0.512 acre tract deseribed in a deed dated I()-�6-1986 from E.G.McMiilan and Bobby R Crawford to Larry D. Smith as filed in.0�fficial Records of Real Property of Galveston Couniy at Clerk's File Number 8638755, Fi� Code Nutnber 004-84-2402 a total distance of 215.00' to a found 518" iron rod with cap (stamped C.L.DAVIS - RPLS 4494} marking the sauthwest corner of said Smith tract and the most southerly east corner of sa.id City of Friendswood tract,from which a found 1/2"iron rod bears S 44°Ol'26"W—0.79'for reference; 4. Thence N 81° 33' 00"W--30.OQ' with the sout�Iine of said City of Friezdswaad tract and the north line of said 50' Rigtrt-of-Way to the POINT OF BEGINNING and conta�ining O.I481 acre (6,450 square feet)of Ia.nd,more or less. Compited by: C.L.Uavis&Company Q� T � �'sTF"�o Job Number: 11-55�0.1481 acre IvI&B.doc. ,`P.��9�.�'.� 4/11/2Q06 °?�...... .. .....:� �RiC A.KREINER �<'��5320 a�,.� . �a��s SS��;i�yO SUR�s�, . �, I1-550 0.148i atre M&b.� EX}iI$IT e�Bu A�,t.:.ESS AND UTILITY EASEMENT METES AND BOUNDS DESCRIPTION 0.1 l51 ACRE OUT OF THE MARY SLOAN SURVEY, ABSTRACT - 184 FRIENDSWOOD,GALVESTON COUNTY,TEXAS All that certain 0.1151 acre out of the Mary Sloan �u:de}r, Abstract — 184, Friendswoo�, Ga�veston Caunty,Texas arid being a partion af that certain"Tract 2"described r�n a deed c�ated 04-16-1997 from Bobbie R. Crawford to Larry D. Smith as filed in Official Records of Real Propertyo uf Gah�eston County at Clerk's File Number 9722483, Film Code Number 011-85-0190 and being more particularly described by metes anc�baunds as fa�Iows (with ait bea.*i�igs based on the east Iine of said Smith tract to be N U8°26' S2"E); Comtnencing at a fonnd 5/8" iron rod wit,'� cap (stamped �.L. DAVTS - RFLS 449�} marl€ing the southwest comer of that certain Dedicatio�t of Public Road and Utility Easement dated QS-22-1973 from B. G. McMillan ta City of Friends�uood as filed i�t �ook 2387, Page 620 Gal��eston County Deed R�eords and tne northwest corner of t�'�at certain 50' Right-af-Way described'zn a deed dated�4-2I-3 934 fro�?3 Robert E. Holcomb, Tr��tee t�Pan American Pipeline Corporation as filed in Book 1774, Page 1 Galveston County Deed Records; Thence N 08° 26' S2"E-115.00'ta a point marking the PDINT' QF BEGINNING of herein described tract; 1. Thence N 8l° 33' Q8"W- 167.13' to a point for cvrner; 2. Thence N d8° 26' S2"E — 30.0�' with the west line of said Smith tract and the east iine of Lot 1, Block I Fairway Estates according to the plat thezeaf as filed in Valume 2004A,Page I35 Gatveston Caunty Map Records to a foand 1/2"iron rod for camer; 3. Thence 5 81° 33' 08" E— 167.13' with the north.tine of said Smith tract and the sauth line of that certain tract described in a deed dated 07-17-1473 from E. G. McMillan to Sunmeadow F�evelopment Company as filed in Book 2399, Page 568 Galveston County Deed Records to a call and found "X" in concrete for corner, from which a found 1/2" imu rod bears S 0$° 1 i' �4" W — � �91' for reference; 4. Thence 5 0&° 26' S2" W — 3�.00' with the east line of said Smith tract to the POINT OF BEGINNING and containing 0.1151 acre(5,014 square feet}of land,more or less. Compiled by: C.L. Davis&Company Jab Number: 11-550 0.1ISI acre M&B.doc � � 4/11/2005 k.��.T ,�.4�2,`��,�qF�j'+�9 . . �,....../d„_...:ti.. ERlC A.KREINER <�;�,Q�5320 �,.<L� o� `��:o°.;�ss�,�yo SUF�� 12-550 O.IISI acre M&b.doeli-550 0.1251 acre M&b.doc