HomeMy WebLinkAboutQuitclaim - Ray Utley - 104 WHISPERING PINES (2) 943i23`I -26
COJ::)1 (
R,n bk1
• Cpw�
THE STATE OF TF}U9 X KNOW ALL MEN BY THESE PRESENTS: ORCOU2iTY OF GALVESTON X (
THAT RAY tTTLEY, of the County of Galveston and State of OR ;ell, NJ, .
Texas, for and in consideration of the aum of TEN DOLLARS ($10,00)
and other good and valuable consideration, the receipt of which
is hereby acknowledged, hes BARGAINED, SOLD, RELEASED, AND FOREVER
QUITCLAIMED, and doss by these presents BARGAIN, SELL, RELEASE,
AND FOREVER QUITCLAIM unto New Life Assembly of God Church, 104
Whispering Pines, Friondewood, Texas 77546, heVeinafter referred
to as Grantee, all the following described property in Galveston
County, Texas, to-witt
l
FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out
of a 60 foot Strip Formerly Called Priend■wood
Dries (Now Closed), and Out of Abstract 15I, Gal-
veston County, Texas, Said 60 foot Being Adjacent
to a Triangular Parcel of Land Described in Book
3135, Pale 530, of the Deed Records of Galveston
County, Texas, and More Particularly Described by
Hotel and Bounds As Pollovel
Commencing at the intersection of the northwesterly right-of-way of {whispering .
Fines (60 foot wide portion) with the northeasterly
mort ight-of-way eofnethe! thee
old
Frtendswood Drive (Now Closed), maid point being
the property now oocuptad by the New Life Assembly of God Church{
Thence N. 47' 22' 48" N. a distance of 20.0 feet to the PLACE OF BEGINNING of
this 30 foot strip of land'
THENCE S, 42' 02' 07" H. a distance of 30.00 feet to a point in the center line
of the old Friendswood Drive for the most southerly earner of this tract being
described'
rmer
er line of the old
DiriveE a' distance4of the
aopoint fort the most northwesterlyr o
47° 22' od
corner of
this tract being described'
of
.00 feat
tso'et corner of
Cnorth.rly ,thiaitractebeingOdascribed►o a 1/2 inch iron rod for the
TNENC4 S. 47' 22' 48" E. along the former northeasterly right-of-way of old
Friendavood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, end con-
taining 0.1975 Acres of Land.
Prepared 6 Certified Byt
COENCO, Inc.
Consulting Engineers
4a
B y t �'
co m . o ne, 8 a ere
o
Profsseional Engineer and Public
Surveyor
OU3W 17-2027
TO RAVE AND TO FOLD all of the above doecribed premises,
together with all and singular the rights, privileges and
appurtenances thereto in anywise belonging unto Grantee, its
successors and aoeigns, so that neither the Grantor nor any
parson or persona representing Grantor shell, at any time here-
after, have, claim, or dettand any right or title to the aforesaid
premises, or any part thereof.
IN WITNESS WHEREOF, this instrument is executed this__&__
day of1l+�I , 1984.
t Y
7
THE STATE 07 TEXAS f 0J3-I T-2028
COUNTY OP GALVESTON S
BEFORE HE, the undersigned authority, on this day person-
ally appeared _,„,_,1,4.1,,,1"..--...—
_ _ g, known to me Co be
the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to mei that he executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office on this the
day of /W _ . ._ . . 1984.
a sty u c n an or a a
of Taxes
My Commission ExpiresI
n •
1
,
r 'W 0.. ,
erelli WM WPM VOW
'brig*We wile ilkoomil as*OWN .
*Vea tor MM/MMOh all 104 WMM11WIN
NON r,wi WAN Ai toi rNrM d Woo
cMM,.Wit+M
JUL 2 14i1
r` a.z
.V CQU Coli ,.(plll.hio
ORDINANCE NO. 84-3
AN ORDINANCE PROVIDING FOR THE VACATING, CLOSING, AND
ABANDONMENT AS A PUBLIC STREET OF THAT PORTION OF
WINDING WAY STREET FROM F.M. 518 TO WHISPERING PINES
STREET WITHIN THE CITY LIMITS OF THE CITY OF
FRIENDSWOOD, TEXAS; FINDING THAT THE CITY, WITH THE
CONCURRENCE OF ADJACENT PROPERTY OWNERS, AGREED TO
RELINQUISH SAID STREET PORTION IN EXCHANGE FOR ADDI-
TIONAL RIGHT-OF-WAY ON F.M. 518 TO IMPROVE ACCESS BY
ALL PROPERTY OWNERS PREVIOUSLY SERVED BY SAID STREET
PORTION; FINDING THE CLOSURE OF SAID STREET PORTION TO
HAVE BEEN ORIGINALLY REQUESTED BY THE ADJACENT
PROPERTY OWNERS; FINDING THAT TO CONTINUE SAID STREET
PORTION CONSTITUTES A TRAFFIC HAZARD TO TRAFFIC ON
F.M. 518 WITHIN THE CITY OF FRIENDSWOOD, TEXAS ; FIND-
ING THAT THE ORIGINAL PURPOSE OF SAID STREET PORTION
IS NOW PROPERLY SERVED BY OTHER THOROUGHFARES ; FINDING
THAT ALL ADJACENT PROPERTY OWNERS WILL RETAIN SUFFI-
CIENT REASONABLE ACCESS FOR THEIR PROPERTIES; FINDING
THAT THE CONTINUED MAINTENANCE OF SAID STREET PORTION
SERVES NO PUBLIC PURPOSE; FINDING THAT ABANDONMENT OF
SAID STREET PORTION WILL BENEFIT THE PUBLIC HEALTH,
SAFETY, AND WELFARE; MAKING OTHER FINDINGS AND PROVI-
SIONS RELATED TO THE SUBJECT; AND DECLARING THE CON-
TINUED EXISTENCE OF SAID PORTION OF WINDING WAY STREET
AS A PUBLIC STREET TO BE A PUBLIC NUISANCE.
WHEREAS , the City Council of the City of Friendswood ,
Texas , finds and determines that an improvement to F.M. 518
within the city limits of the City of Friendswood was under-
taken by the Texas Department of Highways and Public Transpor-
tation subsequent to 1978 to eliminate a hazardous intersection
of the then existing extension of Whispering Pines Street (said
extension hereinafter referred to as "a portion of Winding Way
Street") with F.M. 518; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that said improvement to F.M. 518 was undertaken
only after the City provided additional right-of-way for F.M.
518 which enabled said improvement to be undertaken by the
State Department of Highways and Public Transportation ; and ,
WHEREAS, the City by official action in 1978 agreed , with
the then concurrence of the adjacent property owners , to
relinquish that portion of Winding Way Street adjacent to F.M.
518 (as more particularly described herein) in exchange for
additional right-of-way property from an adjacent property
owner to cause the expansion and improvement of F.M. 518 ; and ,
•
r '
WHEREAS, the City Council of the City of Friendswood finds
and determines that the City undertook said exchange of
property acting in reliance on the original request of the
adjacent property owners to abandon said portion of Winding Way
Street to enable the improvement of F.M. 518 and the ultimate
extension of Whispering Pines Street ; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that the continued use and access of said por-
tion of Winding Way Street as a public thoroughfare perpetuates
a dangerous intersection and represents a hazard to traffic on
F.M. 518 for which adequate and safe provision has been made by
improvements to Whispering Pines Street ; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that the original purpose of said portion of
Winding Way Street as a public access and thoroughfare has been
supplanted by improvements to Whispering Pines Street and F.M.
518 ; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that all property owners originally served by
said portion of Winding Way Street , including those immediately
adjacent to said portion, will retain more than sufficient
access to public streets following abandonment of said street
portion and that no property owner will be deprived of reason-
able access by such abandonment ; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that the continued maintenance by the City of
said portion of Winding Way Street serves no public purpose and
is an unnecessary and unreasonable expense of public funds ; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that abandonment of said portion of Winding Way
Street will benefit the general public health, safety, and
welfare; and ,
WHEREAS, the City Council of the City of Friendswood finds
and determines that the City, as a home-rule city, is author-
ized pursuant to Article 1175(18) Vernon' s Revised Civil
-2-
Statutes Annotated and Section 2. 04 of the City Charter to
regulate, control, close, vacate and abandon streets within the
City ; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section 1. The findings stated above are hereby in all
things confirmed , ratified, and adopted .
Section 2. The City Council hereby finds and determines
that the continued use of that portion of Winding Way Street
described in Exhibit "A" hereto as a public street and
thoroughfare constitutes a public nuisance. Said Exhibit "A"
attached hereto is made a part of this Ordinance for all
purposes .
Section 3. That portion of Winding Way Street , as more
particularly described in Exhibit "A" hereto, is hereby in all
things closed , vacated , and abandoned as a public street and
thoroughfare of the City of Friendswood, Texas , and the City
Manager , or his designee, is hereby authorized to undertake any
and all measures necessary to effectuate the closing, vacating,
and abandonment of that portion of Winding Way Street described
in Exhibit "A" herein.
PASSED AND APPROVED on first reading, this the 15th day of
August, 1983.
PASSED AND APPROVED on second reading, this the 6th day
of February , 1984.
PASSED, APPROVED AND ADOPTED on third and final reading,
this the 20th day of February , 1984.
Mayor
ATTEST:
eileed7;
ityi
etary
-3-
FIELD NOTES ON A 60 FOOT WIDE RIGHT-OF-WAY
Out of Abstract 151 , Galveston County, Called
Friendswood Drive and being Adjacent to a Tri-
angular Parcel of Land Described in Book 3135
Page 530, Deed Records of Galveston County,
Texas and more fully Described by Metes
Bounds as Follows:
COMMENCING at the intersection of the easterly line of F.M. 518 and the southwesterly line
of Friendswood Drive;
THENCE S. 47° 22' 48" E. along the westerly line of Friendswood Drive a distance of 116.24
feet to a point for PLACE OF BEGINNING;
THENCE N. 42° 02' 07" E. across the existing Friendswood Drive right-of-way a distance of
60.01 feet to a 2 inch iron rod found for most southerly corner of a tract of land owned
by Harry Hatcher;
THENCE S. 47° 22' 48" E. along the easterly line of Friendswood Drive a distance of 286.76
feet to a point in the recently windened northerly right-of-way line of Whispering Pines,
said point being 50.00 feet north of the centerline of Whispering Pines;
THENCE S. 42° 02' 07" W. along the aforementioned northerly right-of-way line of Whispering
Pines a distance of 60.01 feet to the point of intersection of the northerly line of Whisper
Pines and the westerly line of Friendswood Drive;
THENCE N. 47° 22' 48" W. along said westerly right-of-way line of Friendswood Drive, also bE
ing the easterly line of the aforementioned triangular parcel of land described in Book 313E
Page 530, a distance of 286.76 feet to the PLACE OF BEGINNING and containing 0.395 Acres
of Land.
•
Prepared By:
COENCO, Inc .
Consulting Engineers
Q ,
Malcolm A. Collins
Registered Professional Engineer and
Public Surveyor
Date: 19 December 1979
I -\ l)
RESOLUTION NO. 84-R-5
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE, AND THE
CITY SECRETARY TO ATTEST, QUITCLAIM DEEDS CONVEYING
CERTAIN ROADWAY EASEMENT VACATED AND ABANDONED BY CITY
OF FRIENDSWOOD, TEXAS , ORDINANCE NO. 84-3, PASSED,
APPROVED AND ADOPTED THE 20TH DAY OF FEBRUARY, 1984 ,
(SAME BEING A PORTION OF WINDING WAY STREET) TO NEW
LIFE ASSEMBLY CHURCH AND MR. RAY UTLEY, ABUTTING
PROPERTY OWNERS, FOR GOOD AND VALUABLE CONSIDERATION;
AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT.
* *
WHEREAS , by the City of Friendswood , Texas , Ordinance No .
84-3, passed , approved and adopted the 20th day of February ,
1984, the City of Friendswood vacated , closed , and abondoned as
a public street a porton of Winding Way Street between its
intersection with F.M. 518 and Whispering Pines , same as more
particularly described by metes and bounds in Exhibit "A"
hereto ; and
WHEREAS, pursuant to and in accordance with said Ordinance
No. 84-3, the City Council deems it necessary and appropriate
to authorize the Mayor to execute quitclaim deeds to abutting
property owners of such easement vacated , closed , and abandoned
thereby; and
WHEREAS , said roadway easements have been appraised by a
qualified appraiser and the appraisal report of such appraiser
has been taken into consideration by the City Council ; now
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Sestion _ 1. The Mayor is hereby authorized to execute and
the City Secretary is hereby authorized to attest two quitclaim
deeds , copies of which are attached hereto for reference, one
said quitclaim deed conveying a portion of the hereinabove
described roadway easements to New Life Assembly of God Church,
and one said quitclaim deed conveying a portion of the
hereinabove described abandoned roadway easement to Mr . Ray
Utley.
PASSED, APPROVED AND ADOPTED this 20th day of February
1984.
Mayor
ATTEST:
City Secretary
-2-
•
Heather R. Van Dine
From: Becky Summers
Sent: Monday, March 13, 2017 10:48 AM
To: Heather R.Van Dine
Cc: Michelle A. Perez
Subject: RE: Deed search
Attachments: Quit Claim Deed (Utley to New Life).pdf
Categories: Need to do
Heather,
Thanks for looking. Attached is the correct one if you want to add it to your files.
-Becky
From: Heather R. Van Dine
Sent: Monday, March 13, 2017 10:16 AM
To: Becky Summers
Cc: Michelle A. Perez
Subject: RE: Deed search
Please see attachment per your request.
Sincerely,
Heather Van Dine
Records Clerk
City Secretary's Office
City of Friendswood
281-996-3270—Phone
281-482-1634—Fax
"This e-mail contains thoughts and opinions of Heather Van Dine and does not represent official city policy"
**Please note that any correspondence,such as e-mail or letters,sent to City staff or City officials may become a public record and made available for Public/media
review.**
**ATTENTION PUBLIC OFFICIALS!! A"Reply to All"of this e-mail could lead to violations of the Texas Open Meetings Act.Please reply only to the sender.**
From: Becky Summers
Sent: Monday, March 13, 2017 9:30 AM
To: Heather R. Van Dine
Cc: Michelle A. Perez
Subject: RE: Deed search
Without reading the deeds, I'm not sure. My best guess would be Alfred Dev. Co—Re-alignment of Winding Way. Let's
start there.Thanks!
From: Heather R. Van Dine
Sent: Monday, March 13, 2017 9:25 AM
To: Becky Summers
Cc: Michelle A. Perez
Subject: RE: Deed search
1
•
•
Please see below for a list of deeds/easements we have for Right-of-Ways that pertain to Winding Way. There
was nothing in regards to Hatcher Lane. I have also attached a document that was attached to Ordinance 84-
3. If any of the deeds/easements listed below would match what you are looking for please let me know and I
can send you a copy.
Alfred Development Company- Re-Alignment of Winding Way
Lowe, Ralph L. - Winding Way
Pear One Corp., NY 3 L.P., Winding Way &Whittier Oaks
Polly Ranch Estates, Reserve A- Winding Way
West, Joseph E. - Winding Way
Sincerely,
Heather Van Dine
Records Clerk
City Secretary's Office
City of Friendswood
281-996-3270—Phone
281-482-1634—Fax
"This e-mail contains thoughts and opinions of Heather Van Dine and does not represent official city policy"
**Please note that any correspondence,such as e-mail or letters,sent to City staff or City officials may become a public record and made available for Public/media
review.**
**ATTENTION PUBLIC OFFICIALS!! A"Reply to All"of this e-mail could lead to violations of the Texas Open Meetings Act.Please reply only to the sender.**
From: Becky Summers
Sent: Thursday, March 09, 2017 4:38 PM
To: Heather R. Van Dine
Subject: Deed search
Good afternoon,
I am trying to locate the deed that accompanies Resolution 84-5 and Ordinance 84-3.The City abandoned right-of-way
previously named Winding Way Street or Hatcher Lane.
Thanks!
Becky Summers
Development Coordinator
City of Friendswood
910 S. Friendswood Dr.
Friendswood, TX 77546
281-996-3290
281-996-3260 fax
2