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HomeMy WebLinkAboutRight-of-Way - MULTIPLE - 1111 S FRIENDSWOOD DR os-1. ` o RALPH L.LOWE C v� ,Q • y Ofgiendswood 1� � JAMES C.MORGAN j 1 ^,' r �r,� +�-�.�\ City Manager • 4: Councilmen > �` � �' THOMAS F.LAY �I \` 3% .�t-''\ �,,' 109 WILLOWICK—PHONE 482-3323 i..',,, ��•� i PAUL E.MAAZ �i± /'f/iq FRIENDSWOOD, TEXAS 77546 EDWARD O.ZEITLER RICHARD L.HAKEN _....—y- � R.J.BLANKEN T , BOBBIE C.HENRY EXA S City Secretary March 20 , 1978 TO WHOM IT MAY CONCERN . This is to certify that Clinton R. Hackney, Jr. has donated a parcel of land , containing . 703 acres of land , more or less , to the City of Friendswood to be used in rerouting of Whispering Pines Street . Work on this rerouting is being done by the Texas Highway Department to correct a serious safety hazard caused by the present route of this street . At the current price of land in the area, it is estimated that the value of this . 703 acres is approximately $12 ,302 . 50 . Mr. Hackney deeded the land to the City of Friendswood on Sep- tember 16 , 1977 . A? G;(2. 4-1--e__ 1ph L. Lowe , Mayor • • 1 31855 RIGHT-OF-WAY DEED 0 F E 0 THE STATE OF TEXAS Know All Men By These Presents : COUNTY OF GALVESTON fqinK 2901 i Ac,F 4E41 That the City of Friendswood, herein called Grantor, for and in consideration the sum of one dollar and other good and valuable considerations to such Grantor in hand paid by the Grantee hereinafter named which is hereby acknowledged, have hereby GRANTED, SOLD and CONVEYED unto Clinton R. Hackney, Jr. , Trustee a 100 foot rights-of-way over and across that certain tract or parcel of land out of part of Lot 1 and Lot 11 in Block 6, Friendswood Subdi- vision in the Sarah McKissick League, Abstract 151 situated in Galveston County, Texas. Said Friendswood Subdivision being shown by a plat recorded in Volume 254, Page 37, of the Deed Records of Galveston County, Texas, and also being out of and a part of a certain 10.938 acres tract of land described in a deed from Henry M. Schelling, et al , to Clinton R. Hackney, Jr. , Trustee, dated February 15, 1973, and recorded in Volume 2367, Page 346, of said Deed Records. Said 100 foot rights-of-way being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the Easterly rights-of- way line of F.M. Highway 518 and the Southwesterly rights-of-way line of Friendswood Drive; THENCE South 45° 13' 04" East, along said Southwesterly rights-of- way line, a distance of 405.50 feet to the Place of Beginning; THENCE continuing South 45° 13' 04" East, along said Southwesterly rights-of-way line a distance of 80.00 feet to a point for corner. Said corner also being a corner of said 10.938 acre tract of land; THENCE North 45° 00' East a distance of 30.00 feet to a point for corner. Said corner also being on the Northeasterly boundary of said Lot 11 and a corner of said 10.933 acre tract of land; THENCE South 45° 07' 14" East, along the Northeasterly boundary of said Lot 11 , a distance of 19.93 feet to a point for corner; THENCE South 44° 51 ' 51 " West, a distance of 31 .48 feet to the be- ginning of a curve to the right having a radius of 622.96 feet; THENCE in a Southwesterly direction, along said curve, a distance of 239.20 feet to the end of said curve; . . THENCE South 66° 51 ' 51 " West a distance of 26.47 feet to a point for corner; THENCE South 29° 16' 39" West a distance of 79.24 feet to a point for corner on said Easterly rights-of-way line of F.M. Highway 518; THENCE North 08° 18' 33" West, along said rights-of-way lines, a distance of 203.44 feet to a point for corner; THENCE South 60° 43' 21 " East a distance of 61 .00 feet to a point for corner. Said point also being on a curve having a radius of 522.96 feet; THENCE in a Northeasterly direction, along said curve, a distance of 200.80 feet to the end of said curve; THENCE North 44° 51 ' 51 " East a distance of 1 .37 feet to the Place of Beginning and containing 0.723 acres of land, more or less. D EED fTfig 2901. FINE 481. IN TESTIMONY WHEREOF the City of Friendswood has caused these presents to be signed this;,e 7 day of /44,_Ze:,,de-f..) 1977. Mayor City of Friendswood Before me , the undersigned authority personally appeared Ralph L. Lowe , 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 , and in the capacity as therein stated. Given under my hand and seal , this 29th day of September, 1977 . 4-0-441.e e ......... Notary Public in kand f r` _I Galveston County, Tex s ; • • 131856 RIGHT-OF-WAY DEED THE STATE OF TEXAS Know All Men By These Presents: COUNTY OF GALVESTON g That Clinton R. Hackney, Jr. , Trustee, herein called Grantor, for and in consideration the sum of one dollar and other good and valuable con- siderations to such Grantor in hand paid by the Grantee hereinafter named which is hereby acknowledged, have hereby GRANTED, SOLD and CONVEYED unto the City of Friendswood 0.703 acres of land, more or less , out of and part of Lot 1 and Lot 11 , Block 6, Friendswood Subdivision in the Sarah McKissick League, Abstract 151 , in Galveston County, Texas. Said Friendswood Subdi- vision being shown by a plat recorded in Volume 254, Page 37, of the Deed Records of Galveston County, Texas. Said 0.703 acres of land also being out of and a part of a certain 10.938 acre tract of land described in a C7 deed from Henry M. Schelling, et al , to Clinton R. Hackney, Jr. , Trustee, CD rr dated February 15, 1973, and recorded in Volume 2367 , Page 346, of said : ED Deed Records. Said 0.703 acres of land being more particularly described O by metes and bounds as follows : r'"3, COMMENCING at the point of intersection of the Easterly right-of- way line of F.M. 518 and the Southwesterly right-of-way line of Friendswood Drive; THENCE South 47° 22' 48" East, along said Southwesterly right-of- way line, a distance of 403.00 feet to the Place of Beginning; THENCE continuing South 47° 22' 48" East, along said Southwesterly right-of-way line a distance of 80.01 feet to a point for corner. Said corner also being a corner of said 10.938 acre tract of land; THENCE North 41° 25 ' 08" East a distance of 30.00 feet to a point for corner. Said corner also being on the northeasterly boundary of said Lot 11 and a corner of said 10.938 acre tract of land; THENCE South 47° 22' 48" East, along the Northeasterly boundary of said Lot 11 , a distance of 20.01 feet to a point for corner; THENCE South 41° 25' 08" West, a distance of 30.32 feet to the beginning of a curve to the right having a radius of 622.96 feet; THENCE in a Southwesterly direction, along said curve, a distance of 239.20 feet to the end of said curve; THENCE South 63° 25' 08" West a distance of 26.47 feet to a point for corner; THENCE South 25° 53' 19" West a distance of 71 .42 feet to a point for corner on said Easterly right-of-way line of F.M. Highway 518; THENCE North 11° 15' 52" West, along said right-of-way line, a dis- tance of 203.44 feet to a point for corner; THENCE South 55° 42' 23" East a distance of 60.34 feet to a point for corner. Said point also being on a curve having a radius of 522.96 feet; THENCE in a Northeasterly direction, along said curve, a distance of 200.80 feet to the end of said curve; THENCE North 41° 25' 08" East a distance of 2.42 feet to the Place of Beginning and containing 0.703 acres of land, more or less. If for any reason this street is not constructed from Whispering Pines to F.M. 518 within one (1 ) years the above property will revert to Clinton R. Hackney, Jr. , the Grantor. r L� 00 Mom' IN TESTIMONY WHEREOF Clinton R. Hackney, Jr. , has caused these presents to be signed this day of St, > 1977. Clinton R. Hackney, Jr. Trustee Before me, the undersigned authority personally appeared Clinton R. Hackney, Jr.. , 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, and in the capacity as therein stated. Given under my hand and seal, this 16th day of September , 1977 . e 2� Notary Public in and f Galveston County , Tex s . . . L•rre.F.R.......w.--..........•.....iY"e.MUYAM.iwi1. .,wC;J/�q�t�L:�:'.JdHNw��.i�f.:.'..{Rl�•� ■ BLOCK 6 LOT /1 S 47°22'48"E S 4/°25'08"W 75 63°25'08" W Z6.4 7' _ 30.3e' ZO.O/' fl _ 5 25°53'/9"W N 4/ 25 �; 08 E , c'J ecs, 7/.42' l,;'HI.5PERING . 0O'�l Lot L/e; . PINES DRIVE 80.0/� �"i=s7�3,� e_ - F,g� •�` ' �'"" J� /,37'N4/'25'o8"E =`s� •�96�' . i. ' 'S9'' , . 42,L =e00 80' . ��` N 4l'c�5' 8" D E P65' 5 55°42'23"'F j Bv o LOT / '- h2' e a p ,„ -c4' r ' 6\\. `\) / CO Q Iti / �= ►n i CJi i S/FL TCH ,57-i0!/✓/Nc3 1-?E1/45f_0 PROPOSED BIGHT OF- Irt/AY FOR THE EXTLNHS/O,1/ OF WHISPER/MG P/NE3 DP/✓E //V T7-/E CITY OF FR/END5I4/WD, T,fXA5 5co / /OO' Field Notes For Revised Right of Way For The Extension of Whispering Pines Drive in Friendswood, Texas 0.703 acres of land, more or less, out of and part of Lot 1 and Lot 11, Block 6, Friendswood Subdivision in the Sarah McKissick League, Abstract 151, in Galveston County, Texas. Said Friendswood Subdivision being shown by a plat recorded in Volume 254, Page 37, of the Deed Records of Galveston County, Texas. Said 0.703 acres of land also being out of and a part of a certain 10.938 acre tract of land described in a deed from Henry M. Schelling, et al, to Clinton R. Hackney, Jr. , Trustee, dated February 15, 1973, and recorded in Volume 2367, Page 346, of said Deed Records. Said 0.703 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the easterly right of way line of F.M. 518 and the southwesterly right of way line of Friendswood Drive; THENCE South 47° 22' 48" East, along said southwesterly right of way line, a distance of 403.00 feet to the Place of Beginning; THENCE continuing South 47° 22' 48" East, along said southwesterly right of way line a distance of 80.01 feet to a point for corner. Said corner also being a corner of said 10.938 acre tract of land; THENCE North 41° 25' 08" East a distance of 30.00 feet to a point for corner. Said corner also being on the northeasterly boundary of said Lot 11 and a corner of said 10.938 acre tract of land; N1 . ~; THENCE South 47° 22' 48" East, along the northeasterly boundary of said Lot CID 11, a distance of 20.01 feet to a point for corner; ' rn THENCE South 41° 25' 08" West, a distance of 30.32 feet to the beginning of a curve to the right having a radius of 622.96 feet; Cro THENCE in a southwesterly direction, along said curve, a distance of 239.20 feet to the end of said curve; THENCE South 63° 25' 08" West a distance of 26.47 feet to a point for corner; THENCE South 25° 53' 19" West a distance of 71.42 feet to a point for corner on said easterly right of way line of F.M. Highway 518; THENCE North 11° 15' 52" West, along said right of way line, a distance of 203.44 feet to a point for corner; THENCE South 55° 42' 23" East a distance of 60.34 feet to a point for corner. Said point also being on a curve having a radius of 522.96 feet; • • • • THENCE in a northeasterly direction, along said curve, a distance of 200.80 feet to the end of said curve; THENCE North 41° 25' 08" East a distance of 2.42 feet to the Place of Beginning and containing 0.703 acres of land, more or less. r m (T7 r . 3S, �Sby RALPH L. LOWE 0 i _a^s;. -,va U • •i of en swoo •• .� =-,�,a;,;� � � d JAMES C.MORGAN i fi 4•� ;�=•�1 City Manager Gr-� ` toy f. $ . .i'' \` �'" 109 WILLOWICK-PHONE 482.3323 ;.�` ��� � Councilmen ''� FRIENDSWOOD, TEXAS 77546 LEON BROWN k4t, JAN JORDAN -� - PHYLLIS J.LEE • EVELYPJ NEWMAN 1®r JOE D.PRIHODA '� ROBERT WICKLANDER :may_ DELORIS McKENZIE City Secretary February 6 , 1986 Mary Jane Christensen County Clerk P.O. Box 2450 Galveston, Texas 77550 Dear Mary Jane, Please record the attached Easement Document as executed by Ray Utley. If you have any questions , please do not hesitate to call our office. Tha k y o is M - ► �' City Secreta y DM/jt .21O f 1 efof IU P'ru� g 'y,fl • C( ((j (IV d� EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § THAT, RAY UTLEY, hereinafter called "Grantor , " for and in consideration of the sum of ONE DOLLAR ($1 .00) and other good and valuable consideration , to us in hand paid by the CITY OF FRIENDSWOOD, 109 Willowick, Friendswood , Texas 77546, a duly and legally chartered municipal corporation of the County of Galveston, State of Texas , hereinafter called "Grantee , " the receipt and sufficiency of which is hereby acknowledged , have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal representatives , a perpetual easement and right of way for the purpose of maintaining, constructing , reconstructing, repairing, relocating, and removing a sewer line and related facilities over , under and through the follow- ing described property situated in Galveston County , Texas : FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed), and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 10 foot Easement; THENCE S . 42° 02' 07" W. a distance of 10.00 feet to a point for the most south- westerly corner of this Easement being described; THENCE N. 47° 22' 48" W. a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this Easement be- ing described; THENCE S . 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc. Consulting Engineers BY: a__ Malcolm A. Collins, Registered Professional Engineer and Public yor • -2 • - TO HAVE AND TO HOLD the above described easement , together with all and singular the rights and appurtenances thereto in any wise belonging , including all necessary rights of ingress and egress , unto the said Grantee, its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular , the said easement and rights unto the said Grantee, its successors and assigns , against every person whom- soever lawfully claiming or to claim the same or any part thereof . The Grantee may do and perform all acts necessary to con- struct , reconstruct , repair , relocate, or maintain storm drain- age improvements and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof , this instrument is executed this day of _7yj,,,, G._ , 1984. RAY UTLEY /(1-2 -3- THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority , on this day person- ally appeared Ray Utley, 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 consider- ation therein expressed . Given under my hand and seal of office on this the day of , ._ //[yy/ikil , 1984. ( ) . A ,r Notary Pub is in a d for the State of Texas My Commission Expires : /c O ' 37_ -4- 4116 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 Whisperir 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 3135 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 Malcolm A. Collins Registered Professional Engineer and Public Surveyor Date: 19 December 1979 FIELD NOTES Oil 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 z 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 Whisperi 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 3135 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 By: ?), ac - -- - -. Malcolm A. Collins Registered Professional Engineer and Public Surveyor Date: 19 December 1979 //I) ,H " �'. Cam, C , EASEMENT 004=39-0974 8605297 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT, RAY UTLEY, hereinafter called "Grantor , " for and in consideration of the sum of ONE DOLLAR ($1 .00) and other good and valuable consideration, to us in hand paid by the CITY OF FRIENDSWOOD, 109 Willowick, Friendswood , Texas 77546, a duly and legally chartered municipal corporation of the County of Galveston, State of Texas , hereinafter called "Grantee , " the receipt and sufficiency of which is hereby acknowledged , have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal representatives , a perpetual easement and right of way for the purpose of maintaining, constructing, reconstructing, repairing, relocating, and removing a sewer line and related facilities over, under and through the follow- ing described property situated in Galveston County, Texas : 004=39=0975 FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed), and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 10 foot Easement; THENCE S . 42° 02' 07" W. a distance of 10.00 feet to a point for the most south- westerly corner of this Easement being described; THENCE N. 47° 22' 48" W. a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this Easement be- ing described; THENCE S . 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc. Consulting Engineers By Malcolm A. Collins, Registered Professional Engineer and Public yor • -2- 004=39-0976 TO HAVE AND TO HOLD the above described easement , together with all and singular the rights and appurtenances thereto in any wise belonging, including all necessary rights of ingress and egress , unto the said Grantee, its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular, the said easement and rights unto the said Grantee, its successors and assigns , against every person whom- soever lawfully claiming or to claim the same or any part thereof. The Grantee may do and perform all acts necessary to con- struct , reconstruct , repair , relocate, or maintain storm drain- age improvements and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof , this instrument is executed this A! day of 7�• � -, 1984. RAY UTLEY X;!- 26/1-1„/„— . -3- I THE STATE OF TEXAS § 004-39-0977 § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day person- ally appeared Ray Utley, 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 consider- ation therein expressed . Given under my hand and seal of office on this the ,/.41. day of , / gkc, f , 1984. (:; - .WaOL Notary Pub is in afid' for the State of Texas My Commission Expires :, a0- ?t,E .COONlY Of GAMMON SAW Of TEXAS that this instrument was filed on the I hereby and was duly recorded date and time stamped hereon by me G� �Q in the Official Public Records of Real Property of Galleon11.F p F QR R— County,Texas,on O t4 �� *11 FEB 10 1986 f T _. `' K,Galveston County,Texas tEx�Sbiii cou C(y�lll GfR.f�'lCgttlltGCt1MS -4- rxtLtIVED SEP 19 1984 HOUSTON TITLE COMPANY Oi SON 4�OLSON SINCE 1892 TO 1020 Bay Area Blvd. #100 Capital Bank Plaza Suite 3485 Houston, Texas 77058 333 Clay Avenue Houston, Texas 77002 SUBJECT GF#82120208 City of Friendswood to New Life Assem. of God DATE 9/18/84 Will you please find enclosed your original recorded Easement on the above captioned file. Thank-You / SIGNED REPLY DATE SIGNED DCTAIAI IA/U1TC r/lDV DCTIIDAI DIAIII f`f1DV t3-i I T=2 8431104 EASEMENT ��� THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § THAT, NEW LIFE ASSEMBLY OF GOD CHURCH, hereinafter called "Grantor , " for and in consideration of the sum of ONE DOLLAR ($1 .00) and other good and valuable consideration , to us in hand paid by the CITY OF FRIENDSWOOD, 109 Willowick , Friends- wood , Texas 77546 , a duly and legally chartered municipal cor- poration of the County of Galveston, State of Texas , herein- after called "Grantee, " the receipt and sufficiency of which is hereby acknowledged , have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal representatives , a perpetual easement and right of way for the purpose of main- taining, constructing, reconstructing, repairing, relocating , and removing a sewer line and related facilities over, under and through the following described property situated in Galveston County, Texas : 003-17-2033 FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, thence S. 42° 02' 07" W. a dis- tance of 20.00 feet to the PLACE OF BEGINNING of this 10 foot wide Easement; THENCE S. 42° 02' 07" W. a distance of 10.00 feet to a point in the center line of the old Friendswood Drive for the most southerly corner of this Easement being described; THENCE N. 47° 22' 48" W. along the former center line of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the most northerly corner of this Easement being described; THENCE S. 47° 22' 48" E. a distance of 286. 76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc. Consulting Engineers BY: ?' 1r .,. Q , (10-0 Malcolm A. Collins, Registered Professional Engineer and Public Surveyor -2- • 00 3=11=2034 TO HAVE AND TO HOLD the above described easement , together with all and singular the rights and appurtenances thereto in any wise belonging , including all necessary rights of ingress and egress , unto the said Grantee, its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular, the said easement and rights unto the said Grantee, its successors and assigns , against every person whom- soever lawfully claiming or to claim the same or any part thereof. The Grantee may do and perform all acts necessary to con- struct , reconstruct , repair , relocate, or maintain storm drain- age improvements and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof, this instrument is executed this oq,/ day of , , 1984. NEW LIFE ASSEMBLY OF GOD CHURCH 104 Whispering Pines Friendswood , Texas 77546 119 4°P ildf( / / BY: Title: Trustee tu‘L . 1i_XLC - BY ,v Title: r'r uste l .cJ /4/A/7— BY l�,4-.0.e Title:Trustee -3- , THE STATE OF TEXAS § �`� § OU3- I 7-2035 COUNTY 0 § BEFORE ME, the under igned aut ority, on this day person- 0aO e t � a • 'ate, ally app ared a�z' known to me to be tfie person whose na e is subscribed to the foregoing instru- ment , and acknowledged to me thatnief/executed the same for the r pu poses and consideration therein expressedj �� � Given under my hand and seal of office on this the o;7g _ day of .a'' " • 1984. o° I''1i * .• tj �R° M i 4 , ��9 'Ai. 3 y o ary Public in and or the State 9s'1 . e, = of Texas BERTIE N WRRO My Commission Expires : my commission Expires S'S • • . C©�� .r►" *c. STATE OF TEXAS COUNTY OF GALVESTON j �`�.. I hereby certify that this instrument was filed on die • G�" date aad time stamped hereon by me and was duly recorded ,,,.,�r� ''6':� in the Official Public Records of Real Property of Galveston �Y, 0'3' County,Texas,on JUL 2 1984 %lam :; > t•'?a iCc ' GOU I( Galveston County,Texas —4— • _ 1l N 10 HOUSTON TITLE COMPANY • To CITY OF FRIENDSWOOD SINCEI89Y 1020 Bay ARea Blvd. #100 Houston, Texas 77058-2627 109 Willowick Friendswood, Texas 77546 SUBJECT GF#82120208 Attention: Mr. Olson DATE 7/5/84 Will you please find enclosed your copy of the Closing Statement and Your proceeds check in the amount of 8,271.53. Thank-You SIGNED / REPLY 1 l) i , RECEIVED CITY SECRETARY JUL 9 1984 CITY OF FRIENDSWOOD, DATE SIGNED N 10 HOUSTON TITLE COMPANY • TO CITY OF FRIENDSWOOD SINCEI8D2 1020 Bay ARea Blvd. #100 Houston, Texas 77058-2627 109 Willowick Friendswood, Texas 77546 SUBJECT GF#82120208 Attention: Mr. Olson DATE 7/5/84 Will you please find enclosed your copy of the Closing Statement and Your proceeds check in the amount of 8,271.53. Thank-You SIGNED 7-7, REPLY • If CITY SECRETARY f RECEIVEDARY JUL 9 1984 CITY OF FRIENDS WOOD, DATE SIGNED DCTAIRI IA/UITC (`nDV DCTIIDRI DIPd I( (`(1DV • MO ItI HOUSTON TITLE COMPANY • TO CITY OF FRIENDSWOOD SINCE 1892 1020 Bay ARea Blvd. #100 Houston, Texas 77058-2627 109 Willowick Friendswood, Texas 77546 SUBJECT GF#82120208 Attention: Mr. Olson DATE 7/5/84 Will you please find enclosed your copy of the Closing Statement and Your proceeds check in the amount of 8,271.53. Thank-You SIGNED - g e4?u.‘ ,// REPLY RECEIVED CITY SECRETARY JUL 9 1984 CITY OF FRIENDSWOOD' DATE SIGNED RETAIN WHITE COPY, RETURN PINK COPY HOUSTON TITLE COMPANY 0 ((�� 88160 ZETA BLDG.,SUITE 100- 1020 BAY AREA BLVD. 1 0 0 9 1130 G. F. NO. 82 12 0208 BW HOUSTON,TEXAS 77058 (713)488-6273 VOID AFTER 60 DAYS FROM DATE OF ISSUE DATE JUNE 29, 1984 PAY ItiS; �� e 8,271.53 TO THE • 44BigTR C.TS e aI t II 14w� �1 �,. �,�: ORDER OF • = HOUSTON TITLE COMPANY • CITY OF FRIENDSWOOD IC\1 � • tho ed Si INTER FIRST BANK, NASSAU BAY N.A. 11110 L000911' ': L L 300 L6081: 000 3 269 ?II' Form Approved OMB No.63-R1501 A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN: ((d0 1. ❑ FHA 2. ❑ FMHA 3. ❑ CONY. UNINS. HOUSTON TITLE COMPANY 4. ❑ VA 5. ❑ CONY. INS. 6. FILE NUMBER 7. LOAN NUMBER 82-12-0208 SINCE 1892 8. MORTG. INS. CASE NO. SETTLEMENT STATEMENT C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER E. NAME OF SELLER F. NAME OF LENDER NEW LIFE ASSEMBLY CITY OF FRIENDSWOOD CASH OF GOD G. PROPERTY LOCATION H. SETTLEMENT AGENT I I. SETTLEMENT DATE: A 60 FOOT WIDE RIGHT-OF- HOUSTON TILE COMPANY 6I2$/$4 WAY OUT OF ABSTRACT 151 PLACE OF SETTLEMENT 1020 BAY AREA BLVD. #100 HOUSTON, TEXAS 77058 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 401. Contract sales price 8.322.53 101. Contract sales price 8,322.53 402. Personal property 102. Personal property 403. 103. Settlement charges to borrower (line 1400) 241 .00 404. 104. 405. 105. Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance: 406 City/town taxes to 407. County taxes to 106. City/town taxes to 408. Assessments to • 107. County taxes to 409. Maintenance to _ 108. Assessments to 410. Commitment Fee to 109. Maintenance to 411. to 110. School/Taxes to 412. to iii. to 420. GROSS AMOUNT DUE TO SELLER: 112. to 8,322.53 120. GROSS AMOUNT DUE FROM BORROWER: 8,563.53 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 501. Excess deposit(see instructions) - 201. Deposit or earnest money 500.00502 Settlement charges to seller (line 1400) 51 .00 202. Principal amount of new loan(s) 503. Existing loan(s) taken subject to 203. Existing loan(s) taken subject to 504. Payoff of first mortgage loan 204. Commitment Fee 505. Payoff of second mortgage loan 205. 506. 206 507. _ 207. _ 508. 208. _ 509. - 209. Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210. City;town taxes to 510. City/town taxes to 211. County taxes to E 511. County Taxes to E 212. Assessments to X 512. Assessments to X 213. SchoolTaxes to F 513. Maintenance to E 214. to M I j 514. School/Taxes to ti --------- ----- 215. -_ ---- _to- P--- ------._- 515---- .. -----to P 216. to i 516. to 217. to 517. to 218. to 518. to _ 219. to 519. to 220. TOTAL PAID BY/FOR BORROWER: 500 00 520. TOTAL REDUCTION AMOUNT DUE SELLER: 51 .00 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross amount due from borrower (line 120) 8,563.53 601. Gross amount due to seller (line 420) 8,322.53 302. Less amounts paid by/for borrower (line 220) ( 500.00) 602. Less total reductions in amount due seller a .5201 ( 51 .00 303. CASH G FROM) (❑ TO) BORROWER: 8,063.53 603. CASH W TO) (❑ FROM) SELLER 8,271 .53 HTC 6204 HUD-1 (Rev.5-78) PAGE 2 OF Form Approved OMB No.63-R1501 L. SETTLEMENT CHARGES PAID FROM PAID FROM BORROWER'S SELLER'S 700. TOTAL SALES/BROKER'S COMMISSION Based on price $ @ %= AT SFETTLEMENT AT SFETTLEMENT Division of commission (line 700) as follows: 701. - - - to -- 702. $ ----_ to '703. Commission paid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination fee 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lender's inspection fee 806. Mortgage Insurance application fee to 807. Assumption Fee 808. Commitment Fee 809. FNMA Process*, Fee 810. Pictures 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest from to @ $ /day 902. Mortgage insurance premium for mo. to - 903. Hazard insurance premium for yrs. to 904. Flood Insurance yrs. to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard insurance mo. @ $ per mo. 1002. Mortgage insurance mo. @ $ per mo. ............. . 1003. City property taxes mo. @ $ per mo. 1004. County property taxes mo. @ $ per mo. `''''~" • " ' •` 1005. Annual assessments(Maint.) mo. @ $ per mo. 1006. School Property Taxes mo.---@ $ per mo. 33 1007. Water Dist. Prop. Tax mo. @ $ per mo. 1008. Flood Insurance mo. @ $ per mo. 1100. TITLE CHARGES: 1101. Settlement or closing fee to 1• 102. Abstract or title search to 1103. Title axaminatic to 1104. Title insurance binder to _. 1105. Document preparation to 1106. Notary fees to• 1• 107. Attorney's fees to to (includes ._ above items No. 1108. Tine insurance -_-_ to HOI ISTfN Till F f tl - ,Q0 (includes above items No.. $� �Q4s:�" 1109. Lender's coverage :::•:::•:::.: :. :. ::::.•.:•::.`4 1110. Owner's coverage 181 00 $ 8,122.53 1111. Escrow Fee 30.00 1112. Restrictions - 1113. Messenger Service 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ Mortgage $ Releases $ 51 .00 1202. City county tax"stamps: Deed $ Mortgage $ 1203. State tax stamps: Deed $ Mortgage $ 1204. Tax Certificates 30.00 1• 205. 1300. ADDITIONAL SETTLEMENT CHARCES 1301. Su:Vey to 1302. Pest inspection to 1303. 1304. - 1305. 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103. Section J and 502, Section K) 241 .00 51 .00 SELLER'S AND/OR PURCHASER'S STATEMENT Seller's and Purchaser's signature hereon acknowledges his/their approval of tax prorations, and signifies their understanding that prorations were based on figures for preceding year, or estimates for current year, and in event of any change for current year, all necessary adjustments must be made between Seller and Purchaser direct; likewise any DEFICIT in delinquent taxes will be reimbursed to Title Company by the Seller. We approve the foregoing settlement statement, in its entirety, authorize payments-i ance erewith and ackno edge receipt of a copy thereof. Signature---------- - . _ l' r. �� � �ix-u-�•o--�-�- 2-2(21, Seller Purchaser TEXAS PRINTING ri ..r,. �..,.. Escrow Officer - uun I IRw s 761 EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT, RAY UTLEY, hereinafter called "Grantor , " for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, to us in hand paid by the CITY OF FRIENDSWOOD, 109 Willowick, Friendswood , Texas 77546, a duly and legally chartered municipal corporation of the County of Galveston, State of Texas , hereinafter called "Grantee , " the receipt and sufficiency of which is hereby acknowledged , have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal representatives , a perpetual easement and right of way for the purpose of maintaining, constructing, reconstructing , repairing , relocating, and removing a sewer line and related facilities over , under and through the follow- ing described property situated in Galveston County, Texas : FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 10 foot Easement; THENCE S . 42° 02' 07" W. a distance of 10.00 feet to a point for the most south- westerly corner of this Easement being described; THENCE N. 47° 22' 48" W. a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this Easement be- ing described; THENCE S . 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc . Consulting Engineers By: 7r LCi!' Malcolm A. Collins, Registered Professional Engineer and Public yor TO HAVE AND TO HOLD the above described easement , together with all and singular the rights and appurtenances thereto in any wise belonging, including all necessary rights of ingress and egress , unto the said Grantee, its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular, the said easement and rights unto the said Grantee, its successors and assigns , against every person whom- soever lawfully claiming or to claim the same or any part thereof . The Grantee may do and perform all acts necessary to con- struct , reconstruct , repair , relocate, or maintain storm drain- age improvements and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof , this instrument is executed this day of _ , 1984. RAY UTLEY -3- s THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority , on this day person- ally appeared Ray Utley, 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 consider- ation therein expressed . Given under my hand and seal of office on this the day of , 1984. Notary Public in and the State of Texas My Commission Expires : _ -4- THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § That the City of Friendswood , a municipal corporation situ- ated in Galveston and Harris Counties , Texas , acting by and through its hereunto signed officers , duly authorized by its City Council , for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration , the receipt of which is hereby acknowledged , has BARGAINED, SOLD, RELEASED, AND FOR- EVER QUITCLAIMED, and does by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto New Life Assembly of God Church , 104 Whispering Pines , Friendswood , Texas 77546, here- inafter referred to as Grantee, all the following described real property in Galveston County , Texas , to-wit : FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet to the PLACE OF BEGINNING of this 30 foot strip of land; THENCE S. 42° 02' 07" W. a distance of 30.00 feet to a point in the center line of the old Friendswood Drive for the most southerly corner of this tract being described; THENCE N. 47° 22' 48" W. along the former center line of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this tract being described; THENCE N. 42° 02' 07" E. a distance of 30.00 feet to a 1/2 inch iron rod for the most northerly corner of this tract being described; THENCE S. 47° 22' 48" E. along the former northeasterly right-of-way of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, and con- taining 0.1975 Acres of Land. Prepared & Certified By: COENCO, Inc. Consulting Engineers By: a . • Malcolm A. Collins, Registered Professional Engineer and Public Surveyor TO HAVE AND TO HOLD all of the City of Friendswood , Texas , right , title and interest in and to the said premises , together with all and singular the rights , privileges and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns , so that neither the City of Friendswood nor its suc- cessors or assigns , nor any person or persons claiming under the City of Friendwood shall, at any time hereafter, have , claim, or demand any right or title to the aforesaid premises , or any part thereof . IN WITNESS WHEREOF, the City of Friendswood has caused this quitclaim deed to be executed by the Mayor and attested by its City Secretary and the City ' s Seal to be impressed hereon this 20th day of February 1984. CITY OF FRIENDSWOOD, TEXAS 109 Willowick Friendswood , Texas 77546 Mayor ATTEST: C Z‘fZ? —) City Secretary (SEAL) -2- • THE STATE OF TEXAS § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public , on this day personally appeared Ralph L. Lowe, Mayor of the City of Friendswood , Texas , 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 , as the act and deed of the City of Friends- wood , a municipal corporation, and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of February , 1984. 4,a2c Notary Public in and r the State of Texas My Commission Expires : 10-30-84 -3- 2;,L4.10.11( EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON THAT, NEW LIFE ASSEMBLY OF GOD CHURCH, hereinafter called "Grantor , " for and in consideration of the sum of ONE DOLLAR ($1 .00) and other good and valuable consideration , to us in hand paid by the CITY OF FRIENDSWOOD, 109 Willowick, Friends- wood , Texas 77546, a duly and legally chartered municipal cor- poration of the County of Galveston, State of Texas , herein- after called "Grantee, " the receipt- and sufficiency of which is hereby acknowledged , have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said Grantee, its successors and assigns and legal representatives , a perpetual easement and right of way for the purpose of main- taining, constructing, reconstructing, repairing, relocating , and removing a sewer line and related facilities over, under and through the following described property situated in Galveston County, Texas : /' FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, thence S. 42° 02' 07" W. a dis- tance of 20.00 feet to the PLACE OF BEGINNING of this 10 foot wide Easement; THENCE S . 42° 02' 07" W. a distance of 10.00 feet to a point in the center line of the old Friendswood Drive for the most southerly corner of this Easement being described; THENCE N. 47° 22' 48" W. along the former center line of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the most northerly corner of this Easement being described; THENCE S. 47° 22' 48" E. a distance of 286. 76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc. Consulting Engineers By: maps e-e,..ti-- a . 0_6_e_g Malcolm A. Collins, Registered Professional Engineer and Public Surveyor • • -2- TO HAVE AND TO HOLD the above described easement , together with all and singular the rights and appurtenances thereto in any wise belonging , including all necessary rights of ingress and egress , unto the said Grantee, its successors and assigns , forever . And Grantors do hereby bind themselves , their heirs , executors and administrators , to warrant and forever defend , all and singular , the said easement and rights unto the said Grantee , its successors and assigns , against every person whom- soever lawfully claiming or to claim the same or any part thereof . The Grantee may do and perform all acts necessary to con- struct , reconstruct , repair , relocate , or maintain storm drain- age improvements and operate thereon all necessary machinery and equipment to efficiently prosecute the work. In witness whereof, this instrument is executed this day of , , 1984. NEW LIFE ASSEMBLY OF GOD CHURCH 104 Whispering Pines Friendswood , Texas 77546 By : . . . . Name Title : -3- THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, on this day person- ally appeared known to me to be the person whose name is subscribed to the foregoing instru- ment , and acknowledged to me 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 , 1984. Notary Public in and for the State of Texas My Commission Expires :_ _ _ . , -4- THE STATE OF TEXAS § § ' KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § • That the City of Friendswood , a municipal corporation situ- ated in Galveston and Harris Counties , Texas , acting by and through its hereunto signed officers , duly authorized by its City Council , for and in consideration of TEN DOLLARS ($10. 00) and other good and valuable consideration, the receipt of which is hereby acknowledged , has BARGAINED, SOLD, RELEASED, AND FOR- EVER QUITCLAIMED, and does by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto Ray Utley , . Friendswood , Texas 77546, hereinafter referred to as Grantee , all the following described real property in Galveston County , Texas , to-wit : FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out of a 60 foot Strip Formerly Called Friendswood - Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows : Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 30 foot strip of land; THENCE S. 42° 02' 07" W. a distance of 30.00 feet to a point in the former south- westerly right-of-way of the old Friendswood Drive for the most southerly corner of this tract being described; THENCE N. 47° 22 ' 48" W. along the former southwesterly right-of-way of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this tract being described; THENCE N. 42° 02' 07" E. a distance of 30.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this tract being described; THENCE S. 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, and containing 0.1975 Acres of Land. Prepared & Certified By: COENCO, Inc. Consulting Engineers Malcolm A. Collins, Registered Professional Engineer and Public Surveyor TO HAVE AND TO HOLD all of the City of Friendswood , Texas , right , title and interest in and to the said premises , together with all and singular the rights , privileges and appurtenances thereto in anywise belonging unto Grantee , its successors and assigns , so that neither the City of Friendswood nor its suc- cessors or assigns , nor any person or persons claiming under the City of Friendwood shall, at any time hereafter, have , claim, or demand any right or title to the aforesaid premises , or any part thereof. IN WITNESS WHEREOF, the City of Friendswood has caused this quitclaim deed to be executed by the Mayor and attested by its City Secretary and the City ' s Seal to be impressed hereon this 20th day of February , 1984. CITY OF FRIENDSWOOD, TEXAS 109 Willowick Friendswood , Texas 77546 Mayor ATTEST: City Secretary (SEAL) -2- J . THE STATE OF TEXAS COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public , on this day per- sonally appeared Ralph L. Lowe, Mayor of the City of Friends- wood , Texas , known to me to be the person whose name is sub- scribed to the foregoing instrument , and acknowledged to me that he executed the same for the purposes and consideration therein expressed , as the act and deed of the City of Friends- wood , a municipal corporation, and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of February , 1984. Notary Public in andeOr the State of Texas My Commission Expires :. 10-30-84 ,- � -3- THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON § • That the City of Friendswood , a municipal corporation situ- ated in Galveston and Harris Counties , Texas , acting by and through its hereunto signed officers , duly authorized by its City Council , for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration , the receipt of which is hereby acknowledged , has BARGAINED, SOLD, RELEASED, AND FOR- EVER QUITCLAIMED, and does by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto New Life Assembly of God Church , 104 Whispering Pines , Friendswood , Texas 77546, here- inafter referred to as Grantee, all the following described real property in Galveston County , Texas , to-wit : FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet to the PLACE OF BEGINNING of this 30 foot strip of land; THENCE S. 42° 02' 07" W. a distance of 30.00 feet to a point in the center line of the old Friendswood Drive for the most southerly corner of this tract being described; THENCE N. 47° 22' 48" W. along the former center line of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this tract being described; THENCE N. 42° 02' 07" E. a distance of 30.00 feet to a 1/2 inch iron rod for the most northerly corner of this tract being described; THENCE S. 47° 22' 48" E. along the former northeasterly right-of-way of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, and con- taining 0.1975 Acres of Land. Prepared & Certified By: COENCO, Inc. Consulting Engineers BY: Q„ • Malcolm A. Collins, Registered Professional Engineer and Public Surveyor i. /5 . TO HAVE AND TO HOLD all of the City of Friendswood , Texas , right , title and interest in and to the said premises , together with all and singular the rights , privileges and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns , so that neither the City of Friendswood nor its suc- cessors or assigns , nor any person or persons claiming under the City of Friendwood shall, at any time hereafter, have , claim, or demand any right or title to the aforesaid premises , or any part thereof . IN WITNESS WHEREOF, the City of Friendswood has caused this quitclaim deed to be executed by the Mayor and attested by its City Secretary and the City ' s Seal to be impressed hereon this 20th day of February 1984. CITY OF FRIENDSWOOD, TEXAS 109 Willowick Friendswood , Texas 77546 (-- - - _ „ie.,, ,,_. _ „(9--1./-1*,-. Mayor ATTEST: lif/;? -) Sec City retary (SEAL) /- -2- THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public , on this day personally appeared Ralph L. Lowe, Mayor of the City of Friendswood , Texas , 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 , as the act and deed of the City of Friends- wood , a municipal corporation, and in the capacity therein stated . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of February -, 1984. 4/-2/:(2c X4,2- _ Notary Public in and r the State of Texas My Commission Expires : 10-30-84 • -3- Sherwood Blount Two Bent Tree Tower, 16479 Dallas Parkway/Suite 710 & Company, Realtors Dallas,Texas 75248/(214) 733-7100 Metro 263-7100 January 21 , 1984 Ray Utley Associate Mr. Jim Morgan City Manager City of Friendswood Friendswood, Texas 77546 Dear Jim: I understand that the City of Friendswood has reached an agreement with the New Life Assembly of God Church. Under the circumstances, I feel that this is the only solution from a legal standpoint unless I were to bring suit. Because of our strong feeling for the City of Friendswood and, more specifically, Mayor Lowe and the Council , we certainly have no intentions of doing so. Enclosed please find a letter acknowledging our agreement to accept the settlement as negotiated. Please thank the Council and the City staff for their assistance in this matter. Sincerely, ' 277°it/ Ray Utley RU cc: Mayor Ralph Lowe Evelyn Newman RECEIVED JAN 2 6 1gp4 CITY OF FRIENDSWOOD MEMBER:GREATER DALLAS BOARD OF REALTORS®TEXAS ASSOCIATION OF REALTORS®NATIONAL ASSOCIATION OF REALTORS®,INTERNATIONAL COUNCIL OF SHOPPING CENTERS Information furnished from sources deemed reliable but h not guaranteed by us and is subject to change in price.corrections,errors and omissions,prior sales or withdrawal without notice. Sherwood Blount Two Bent Tree Tower, 16479 Dallas Parkway/Suite 710 & Company, Realtors, Dallas,Texas 75248/(214)733-7100 Metro 263-7100 January 19, 1984 Ray Utley Associate City of Friendswood 109 Willowick Friendswood, Texas 77546 Attn: Mr. Jim Morgan To Whom It May Concern: I have been made aware of the arrangements for the City of Friendswood to abandon a strip of Whispering Pines which is no longer in use and was to be exchanged for a deed to the right-of-way for the new extension of Whispering Pines. It is understood that the City is to deed to me one-half of this section of road less a portion in the center for a drainage easement and will send me an amount of $8,322.53 which the New Life Assembly of God Church will pay for the other half.which is adjacent to their property. Please let this letter serve as my agreement for this settlement. Very truly yours, , i47 047 Ray Utley RU RECEIVE ,101 2 6 1QPA CITY OF FRIENDSWOOD MEMBER:GREATER DALLAS BOARD OF REALTORSm TEXAS ASSOCIATION OF REALTORSir NATIONAL ASSOCIATION OF REALTORSm INTERNATIONAL COUNCIL OF SHOPPING CENTERS Information furnished from sources deemed reliable but I.not guaranteed by to and is subject to change in price,corrections,errors and omiriotr,prior sale or withdrawal without notice. FIELD NOTES ON A 10 FOOT WIDE DRAINAGE EASEMENT Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed), and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed), said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 10 foot Easement; THENCE S. 42° 02' 07" W. a distance of 10.00 feet to a point for the most south- westerly corner of this Easement being described; THENCE N. 47° 22' 48" W. a distance of 286.76 feet to a point for the most northwesterly corner of this Easement being described; THENCE N. 42° 02' 07" E. a distance of 10.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this Easement be- ing described; THENCE S. 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING. Prepared & Certified By: COENCO, Inc. Consulting Engineers By: a__ l , Malcolm A. Collins, Registered Professional Engineer and Public Surveyor Date: 27 January 1984 (Out of southwesterly portion) FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet, and thence S. 42° 02' 07" W. a distance of 30.00 feet to the PLACE OF BEGINNING of this 30 foot strip of land; THENCE S. 42° 02' 07" W. a distance of 30.00 feet to a point in the former south- westerly right-of-way of the old Friendswood Drive for the most southerly corner of this tract being described; THENCE N. 47° 22' 48" W. along the former southwesterly right-of-way of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this tract being described; THENCE N. 42° 02' 07" E. a distance of 30.00 feet to the former center line of the old Friendswood Drive and the most northeasterly corner of this tract being described; THENCE S. 47° 22' 48" E. along the former center line of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, and containing 0.1975 Acres of Land. Prepared & Certified By: COENCO, Inc. Consulting Engineers By: Q, Malcolm A. Collins, Registered Professional Engineer and Public Surveyor Date: 27 January 1984 (southwesterly portion) NEW LIFE James L. Guerrero Pastor ASSEMBLY Res.713-338-2100 January 23, 1984 To the City Council of Friendswood: The members and friends of New Life Assembly of God wish to extend to the mayor and city council members a special "thanks" for your interest and support of christian churches in the Friendswood area. This letter is in response to the cit4¢s inability to supply New Life Assembly with a warranty deed for the right-of--way, west of our church facilities, which we have expressed a desire to purchase. Our church board has convened and decided, if a special warranty deed cannot be iss ed by the city of Friendswood, then New Life Assembly will accept a qu3 claim deed to the property. We then will delete all past contingencies and urge the city council to continue action on the aband- onment of the right-of-way and the conveyance of the property to the adjacent property owners. Sincerly yours , Rev. James L. Guerrero Chairman, Official Church Board New Life Assembly of God �/L✓fTC � NEW LIFE ASSEMBLY OF GOD 104 WHISPERING PINES P.O.BOX 1014/713-482-5433 FRIENDSWOOD,TEXAS 77546 • Sherwood Blount Two Bent Tree Tower, 16479 Dallas Parkway/Suite 710 & Company, Realtors Dallas,Texas 75248/(214)733-7100 Metro 263-7100 January 21 , 1984 Ray Utley Associate Mr. Jim Morgan City Manager City of Fri endswood Friendswood, Texas 77546 Dear Jim: I understand that the City of Friendswood has reached an agreement with the New Life Assembly of God Church. Under the circumstances, I feel that this is the only solution from a legal standpoint unless I were to bring suit. Because of our strong feeling for the City of Friendswood and, more specifically, Mayor Lowe and the Council , we certainly have no intentions of doing so. Enclosed please find a letter acknowledging our agreement to accept the settlement as negotiated. Please thank the Council and the City staff for their assistance in this matter. Sincerely, lX2V4 Ray Utley RU cc: Mayor Ralph Lowe Evelyn Newman MEMBER GREATER DALLAS BOARD OF REALTORS,"TEXAS ACSCICIATION OF REALTORS•."NATIONAL ASSOCIATION OF REALTORS.'INTERNATIONAL COUNCIL OF SHOPPING CENTERS Information furnished from sources deemed reliable but I not guaranteed by tat and is subject to change in price,corrections,errors and ontinion%prim ales tr withdra.al without notice. Mayor Council LAW OFFICES MARTIN, GARMONA, GRUSE & GARZA 500 MOODY NATIONAL BANK BUILDING GEORGE D.MARTIN P.O. Box 1570 FRANK T.CARMONA GALVESTON •LEONARD A.CRUSE GALVESTON, TEXAS 77553 (409)765.5705 CARLOS GARZA. n...,,y.nflAyN'R'lgwt'1!'M.AY f•vt�v" . ,» ec e1113.Jer 2 _ 19 3 •. • .. ...-ov-�.��t^^'r. ^ram,.-r HOUSTON. w..:�... .......�.w.. . ..�._ . ... .._ :�2 .. . 1 9, _ _._.L_.: ROBERT E.BUNCE "'*°(717)48 8.7929 MARK W.STEVENS LESLIE C.DEAN • BOARD CERTIFIED•PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION City of Friendswood (Hand Delivered) 109 Willowick Friendswood, Texas 77546 Attention: Mr. James C. Morgan 4 Mr. Steve Shank RECEIVED Olson & Olson 333 Clay Street, Suite , 3845 DEC 3 01983 Houston, Texas 77002 Re : Letter of Intention CITY OF FRIENDSWOOD Dear Sirs : For several years now, negotiations have been proceeding regarding the sixty-foot-wide strip of land and road adjacent to the property of The Friendswood New Life Assembly of God Church. I shall assume for purposes of this letter that you are familiar with this land and its legal description. The Friendswood New Life Assembly of God Church (here- inafter "New Life" ) is prepared to pay the sum of $8 , 322 . 53 for one-half of that strip of land, i.e. for the strip which • runs thirty-feet deep from New Life ' s property. This would in effect, be a purchase of one-half the entire sixty-foot parcel. New Life would of course agree to the City ' s aband- onment and would agree to give the City a ten-foot drainage easement, subject to and conditioned upon Mr. Utley or his sucessor in title giving a like ten-foot drainage easement. This offer is subject to confirmation by proper written documentation as to the precise legal description of the property to be conveyed, and moreover is subject to the ful- fillment by City of Friendswood of all statutory requirements for conveyance of land of this type. Finally, this offer is of course subject to New Life ' s being able to obtain a Letter of Commitment from a title insurance company regarding the land. Your early reply would be appreciated. Very truly yours , MWS: amm l / �— cc : Rev. James Guerrero Mark W. Stevens 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 :Z inch iron rod found for must southerly corner of a tract of lard 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 wind.ened 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 313! 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 D � By: —�-- Malcolm A. Collins C nirtr.v n4 Gv�Fnj� e'.' Enn=noov �n1 P:.blic Surveyor Date: 19 December 1979 NEW LIFE ASSEMBLY September 12, 1983 MEMBERS OF THE FRIENDSWOOD CITY COUNCIL: Regarding Ordinance #T-1283 On behalf of the members and friends of New Life Assembly of God church I wish to express appreciation for the opportunity to address this honor- able city council of Friendswood. A special word of commendation is also due for the public stand the city has taken in supporting the churches of the Friendswood community and thus upholding moral integrity. May God continue to smile on our community. I wish to respond to an upcoming ordinance on tonights council agenda that we at New Life feel will greatly effebt our church, and does not convey the true sentiment of the church body. According to ordinance #T-1283 it is stated "Finding that the city with the concurrence of adjacent property owners, agreed to relinquish said street portion in exchange for additional right-of-way on F.M. 518 to improve access by all property owners previously served by said street portion:" It is our contention; a) There has never been any agree- ment reached on the part of New Life Assembly to relinquish it's rights to any portion of winding way in exchange for any additional right-of- way acquired by the city. b) We find it difficult to see the road as a public safety hazzard as it is so stated in the ordinance. c) With NEW LIFE ASSEMBLY OF GOD 104 WHISPERING PINES P.O. BOX 1014/713-482-5433 FRIENDSWOOD,TEXAS 77546 DSV/0 RALPH L LOWE i k • gi'endswood JAMESC.MORGAN .i�• '• t' �c��v ) � City Manager t =;% 4 i ,.�&i;: Councilmen r' it LEON BROWN 'fir� i � �:'��,�� 109 WIllOWICK—PHONE 482-3323 is ► y 1r. t. a JAN JORDAN �'c,r ' ''�r FRIENDSWOOD, TEXAS 77546 EVELYN NEWMAN PAUL W.SCHRADER '4, ROBERT WICKLANDER 1®l March 22 , 1984 BRUCE BRANHAM BOBBIE C.HENRY EXA City Secretary Your File #82-10-0208 Ms. Tommye Owings New Life Assembly of God Church Houston Title Company 1800 St , James Street Suite 400 Houston, Texas 77056 Dear Ms . Owings : On direction from John Olson, enclosed are the following items related to the above subject : 1. Deed executed by Ray Utley to Church 2 . Certified copy of ordinance abandoning roadway 3 . Certified copy of resolution authorizing Mayor to execute quit-claim deeds to Church and Utley 4. Two copies of "Easement" for drainage from Church to City for execution by Church. One copy to be returned to City. 5. Original _.executed copy of quit-claim deed from City to Church John said he thought you could handle the closing yourself if you had these documents . If you need anything further, please call me at the City Hall, 482-3323 . If you need a representative from the City for the closing , please let John Olson know. His number is 759-0696 . Yours truly, i.d.:1, 0 ,z,z City Secretar Encl. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS : COUNTY OF GALVESTON X THAT RAY UTLEY, of the County of Galveston and State of Texas , for and in consideration of the sum of TEN DOLLARS ($10 .00) and other good and valuable consideration, the receipt of which is hereby acknowledged , has BARGAINED, SOLD , RELEASED , AND FOREVER QUITCLAIMED , and does by these presents BARGAIN , SELL, RELEASE, AND FOREVER QUITCLAIM unto New Life Assembly of God Church , 104 Whispering Pines , Friendswood, Texas 77546 , hereinafter referred to as Grantee , all the following described property in Galveston County, Texas , to-wit: FIELD NOTES ON A 30 FOOT WIDE STRIP OF LAND Out of a 60 foot Strip Formerly Called Friendswood Drice (Now Closed) , and Out of Abstract 151, Gal- veston County, Texas, Said 60 foot Being Adjacent to a Triangular Parcel of Land Described in Book 3135, Page 530, of the Deed Records of Galveston County, Texas, and More Particularly Described by Metes and Bounds As Follows: Commencing at the intersection of the northwesterly right-of-way of Whispering Pines (60 foot wide portion) with the northeasterly right-of-way of the old Friendswood Drive (Now Closed) , said point being the most southerly corner of the property now occupied by the New Life Assembly of God Church; Thence N. 47° 22' 48" W. a distance of 20.0 feet to the PLACE OF BEGINNING of this, 30 foot strip of land; THENCE S, 42° 02' 07" W. a distance of 30.00 feet to a point in the center line of the old Friendswood Drive for the most southerly corner of this tract being described; THENCE N. 47° 22' 48" W. along the former center line of the old Friendswood Drive a distance of 286.76 feet to a point for the most northwesterly corner of this tract being described; THENCE N. 42° 02' 07" E. a distance of 30.00 feet to a 1/2 inch iron rod for the most northerly corner of this tract being described; THENCE S. 47° 22' 48" E. along the former northeasterly right-of-way of old Friendswood Drive a distance of 286.76 feet to the PLACE OF BEGINNING, and con- taining 0.1975 Acres of Land. Prepared & Certified By: COENCO, Inc. Consulting Engineers By: Malcolm A. Collins, Registered Professional Engineer and Public Surveyor I TO HAVE AND TO HOLD all of the above described premises , together with all and singular the rights , privileges and appurtenances thereto in anywise belonging unto Grantee , its successors and assigns , so that neither the Grantor nor any person or persons representing Grantor shall, at any time here- after , have , claim, or demand any right or title to the aforesaid premises , or any part thereof. IN WITNESS WHEREOF, this instrument is executed this day of , 1984. RAY UTLEY THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority , on this day person- ally appeared 4., known to me to be the person whose name is subscribed to the foregoing instru- ment , and acknowledged to me 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 . . . ,,�, ,.... _.. _ , 1984. Notary Public in and for the State of Texas • My Commission Expires :, ' ,•' iN • R a5y'. N ,. L O T li 15G N L SI pi w , sf.�-N•t • 14l.4 . S66 5/ S 26.4 ''1 // ism. j 04 s c'9'14'3 'w--• /, ' / /. ,,,-,7- 4-- _ .111-glairatillo , _ A•57t?.94„ '. - fririrtrfir lv 411111,1pw •484, Atizir. . ,', ., , t , .4,11t4,744 ,,, ... • . .., . . O . • f > . , , x. S6p'j !!/c w ° �° 44 . 0 i . / ' . ‘, , I Z 4.0/P 1 `` 0 ' ' / . i I I , I j SKETCH 3K W UPG PtU PO= RIGHT 0P WAY PCB ?!$ PimSION CT WHISPIILD10 PI1919 tern In Is 'ma r;I fl 0? ?RI , ?ETAS . ISea.' V• sto I September 12, 19 MEMBERS OF THE FRIENDSWOOD CITY COUNCIL Regarding Ordinance #T-1283 Page II the road currantly blocked with piles of gravel it has prohibited access to our facilities. Our position tonight is one that has existed since the beginning, so stated in various documents and public testimonies even before this city council. Examples: 1. May 23, 1978 to Jim Morgan, City Manager from pastor Tom Heigel. 2. June 20, 1980 to Jim Morgan, City Manager from pastor Paul Carroll 3. Oct. 18, 1982 Before the city council 4. Nov. 1, 1982 To the city council from pastor Paul Carroll 5. Aug. 29, 1983 To the city council Therefore we wish to restate our opposition 4134 the abandonment of this section of Winding Way on the grounds that abandonment will lower the value of our property and should we be deprived of that portion of road, would greatly hamper any plans for future expansion of our facilities. t c �7 lkdrWwurre y d(d Nu. Therefore I move to #T-1283 on the grounds that this ordinance fails to factually state the position of the church. We regret any inconvienence created by our position but trust that you will give attention to this matter. Thank you for yourQ consideration, Pastor, James L. uerrero New Life Assembly of God l • c:4 LAW OFFICES / I- r...„, • MARTIN, GARMONA, CRUSE & GARZA �7 Q 500 MOODY NATIONAL BANK BUILDING GEORGE D.MARTIN P. O. Box 1570 GALVESTON FRANK T.CARMONA GALVESTON, (409)765-5705 TEXAS 77553 �LEONARD A.CRUSE ����yyy wwry��y CARLOS GARZA D E C E IV EDS77902N9 ROBERT E.BUNCE MARK W.STEVENS LESLIE C.DEAN September 1 , 1983 SEP - 61983 • BOARD CERTIFIED-PERSONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION CITY OF FRIENDSWOOD 1/. 15a 411, Mr . Steve Shank (CERTIFIED MAIL RRR) Olsen & Olsen 333 Clay Street Suite 3485 Houston , Texas 77002 Mr . James C . Morgan City Manager City of Friendswood 109 Willowick Friendswood , Texas 77546 Re : Proposed Ordinance of City of Friendswood regarding F .M. 518 at Whispering Pines Dear Mr . Shank : This firm represents the New Life Assembly of God Church of Friendswood , Texas , in connection with certain actions by the city regarding a roadway adjacent to that church' s property in Friendswood . I believe that we have communicated once or twice before on this matter . On August 29 , a letter was hand delivered to the city counsel stating in general terms their objections to a proposed ordinance now pending regarding the subject land . By this letter I wish to expand on the Church ' s earlier one . Contrary to the recitation of the proposed ordinance , we can find no "official action" in 1978 whereby the city "agreed" within concurrence of the adjacent property owners , to relinquish that portion of Winding Way Street (Whispering Pines) adjacent to F .M . 518" . Instead , what we do find is an entry at page 136 of the city secretary ' s minute book , of a meeting held May 15 , 1978 , which reads as follows : CLOSING OF OLD WHISPERING PINES-Mr . Morgan presented his proposal for closing the old section of Whispering Pines by placing a barricade in line with the Hackney Property to afford him access to his driveway . The balance Mr . Steve Shank Mr . James C . Morgan • Page Two September 2 , 1983 of the abandoned roadway will be disposed of by ( 1 ) deeding one-half ( 1 / 2) to Clint Hackney in exchange for the new right-of-way which he donated to .the city , and (2) allowing the New Life Church to purchase the half of the roadway next to their property through the procedure abandonment . Counsel approved this proposal" Two features of the above .entry are particularly important . First , it strongly appears that the second right-of-way off of F .M. 518 was in fact "donated" ( to use the above word) by Mr . Hackney , and the city (and Hackney successor , Mr . Utley) cannot take the position at this time that the conveyance of any property can in any way be an exchange , as that term is used in Article 5421c-12 , Sec . 2 (d ) . Secondly , it is obvious from the above-quoted entry that the city itself acknowledged its. obligation to permit the adjacent owners and in particular New Life Assembly of God Church, to purchase one-half of the adjoining Tract . I fail to see anything in the record that would support what appears to be the present view of the city , i. e . that the entire tract may be deeded to Mr . Utley in "exchange" for the alternate right-of-way from F .M. 518 . This , atleast , appears to be the implication would appear to be the import of the proposed ordinance , and seems to be the position of the city counsel through various verbal communications . New Life Assembly of God firmly believes that the old right-of-way , if and when abandoned , should be divided among the adjacent owners upon payment of their prorated shares of the market value of the land . This , you may be aware , would be in accordance with the City of Friendswood letter dated August 9 , 1978 , to Mr . Ray Utley and The Reverand Tom Heigle jointly . Failing that , and in any event , New Life Assembly of God Church is prepared to resist by all lawful means any attempts to deed the property solely to Mr . Utley or any successor of his . This matter is currently scheduled for second reading on September 12 . I understand that you are returning from a vacation , and can imagine that you will be quite busy , but I would appreciate your immediately contacting me regarding this matter . As we cannot be certain that this is only a second reading, we are preparing to make application for injunctive remedies to restrain any such ordinance from being passed , and I have the authority of the church' s trustees to prepare and , if need be , file such pleadings . We naturally do not wish to take t'hi's step if it can be at all avoided . ' Mr . Steve Shank Mr . James C . Morgan Page Three September 2 , 1983 Thanking you for your attention to this matter , I am Very truly yours , Mark W. Stevens MWS/cb • cc : Reverand James Guerrero New Life Assembly of God P . 0 . Box 1014 Friendswood , Texas 77546 f Deed ` Sr)``)� 401 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON THAT I , CLINTON R. HACKNEY, JR. , TRUSTEE of Galveston County, Texas , in consideration of the sum of TEN AND NO/100 DOLLARS ($ 10,00 ), and other good and valuable considerations to said grantor in hand paid by the grantee hereinafter named, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto RAY UTLEY of Galveston County, Texas, all that certain property situated in Galveston F. County, Texas, described as follows, to-wit: A part of Lot One (1) in Block Six (6) in FRIENDS WOOD SUBDIVI- SICN IN GALVESTON COUNTY , TEXAS , according to the mar or plat of s.,id subdivision of record in Vol. 238 Page 14 and in Vol. 254 Page 37, in the office of the County Clerk of Galveston County, Texas, and be- i ir.g more particularly described by mates and bounds • in EXHIBIT "A" attached hereto and made a part hereof . j • r., I:, �.. • ,. TO HAVE AND TO HOLD the said premises, together with all rights, hereditaments and appurte- i nances thereto belonging, unto the said grantee above named, his heirs and assigns forever. And 1 - I I do hereby bind myself , my heirs, executors and administrators to WARRANT AND FOREVER DEFEND the title to said property unto the said grantee above named, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. is. EXECUTED this /.J day of lay , A . D. 1979 • • , (/// / /7 / / - - • ...3./,1 e°, t{ 4:.., / 7./iPt., , Ri.JA.-'6 i'f ? CLINTON 1{ . HACKNEY , JR. , TRUSTEE • STATE OF TEXAS BOOK 3135 t COUNTY OF �1'E ,.,,9 Before me, the undersigned authority, on this day personally appeared * CLINTON R . HACKNEY, JR. , TRUSTE 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., and in the capacity stated . Given under my hand and seal of office, this ! 7 day of May, .A".‘I?,4a979;`''••,, /22�4� "Lf Notary Public -• ` Cou exa' ▪ , ntY►„� STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name 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 Notary Public County,Texas. 1 x � , 6.1 Ct c W o w M rl��ll li v O (1.) = 0.„,. LLo Cius • EXHIBIT "A" BEGINNING at the intersection of the Easterly line of FM 518 and the South- westerly line of Friendswood Drive; THENCE South 47°22'48"East along the Westerly line of Friendswood Drive, a distance of 403.00 feet to a point on the Northerly line of Whispering Pines Drive; THENCE South 41°25'08" West, along the Northerly line of Whispering Pines Drive, a distance of 2.42 feet; THENCE along the Northerly line of said Whispering Pines Drive along a curve to the right whose radius is 522.91 feet, a distance of 200.80 feet to a point for corner; THENCE North 55°42'23" West, a distance of 60.34 feet to a point on the Easterly line of FM 518; THENCE along the Easterly line of FM 518 to the PLACE OF BEGINNING. Signed for identification t. ihe c� c� ry ^ rE Clinton R. Hackne /br. Trustee BOOK __13 rlt tt�. 9 t Y, , • C!t D E E BooK 3135 FA,.E 531 STATE Of TEXAS COUNTY OF GALVESTON q 1 hereby certify that this instrument was(ilea on tie z x — date and time stamped hereon by me and was duly recorded rn `. r— in the volume and page of the named records of Galvestw M County, Texas as stamped hereon by me; JUN 26 1979 t. _ .�. `, COUN alveston ounty. Texas N 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 lint 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 %Z inch iron rod found for most southerly corner of a tract of lard 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 wind.ened 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 Whisperin! Pines a distance of 60'.01 feet to the point of intersection of the northerly line of Whisp' 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 ing ,the easterly line• of the aforementioned triangular parcel of land described in Book 31 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 D By• Malcolm A. Collins • C ni rtr.r.nr4 GvvFnec vi 1 crIn :ioov P:..blic Surveyor Date: 19 December 1979 III i_ . I ' ID • 111 I STATE OF TEXAS r ' i 1 COUNTY OF BOOK 3195 H 5 ,9 r 1N Before me, the undersigned authority, on this day personally appeared t * CLIWON H. HACKNEY, J3. , TRUST 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) and in the capacity stated. / Given under my hand and seal of office, this ( ' day of May, A'.D,a979 `''•',. .r,ty,, /(9V. e-tk, .. . Notary Publi� County,Texa2 :J %STATE OF TEXAS ' } , COUNTY OF Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name 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 1 Notary Public County,Texas. I X "C$ if CO r ° A N Te LL 1.1 ' � H 1 1 Imiga N LL Cosi a 1 1 i 0 , .r• 1 :1,117 . .. EXHIBIT "A" • BEGINNING at the intersection of the Easterly line of FM 518 and the South- i westerly line of Friendswood Drive; I THENCE South 47°22'48" East along the Westerly line of Friendswood Drive, a distance of 403.00 feet to a point on the Northerly line of Whispering Pines Drive; 3 THENCE South 41°25'08" West, along the Northerly line of Whispering Pines Drive, a distance of 2.42 feet; y THENCE along the Northerly line of said Whispering Pines Drive along a curve to the right whose radius is 522.91 feet, a distance of 200.80 feet to a point for corner; THENCE North 55°42'23" West, a distance of 60.34 feet to a point on the Easterly line of FM 518; THENCE along the Easterly line of FM 518 to the PLACE OF BEGINNING. Signed for identification 0 C.. I i. l /— ' Li,/ /l+Cc"C��C. / ll �'2's ert� k. 1:, Clinton R. Hackney,/ r. , Trustee �OOK3135 rf , 5 . . j 7 i , 4 { t 1 •7 205162 c� r ILEA i Jum "6 2 07 Pa 1J79 O v m CF.17't..... . . ..... . CA:i'iTY.TEXAS X8 g Xd se n'$ 1 o roe 3 enA C . 3 0 op C.u CJ a c ` 4 is Tti E E .Ca� s. >Ca _o gg /N £ o — u 'Eaa`� i a n a t\ E i v N .7, 14 s — E E 7O V s.rV E E a:r" - o xS NII Di v ‘I''0 5162 ell 4)Z4A4 \ Deed BOOK ViC.35 528 1 STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON THAT T , CLINTON R. HACKNEY, JR. , TRUSTEE Ih A i a o , in consideration of the sum of of Galveston County, Texas I' TEN AND NO/100 DOLLARS ($ 10,00 ), i and other good and valuable considerations l • i . to said grantor in hand paid by the grantee hereinafter named, the receipt of which is hereby l acknowledged, have GRANTED, SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY unto RAY UTLEY {i I of Galveston County, Texas, all that certain property situated in Galveston I•( County, Texas, described as follows, to-wit: if A part of Lot One (1) in Block Six (6) in rRIHJNDSWCOD SUBDIVI- '' i! SICN IN GrLVESTON COUNTY , TEXAS, accordin7 to the mar or Plat of sTid subdivision of record in Vol. 238 Page 14 and in Vol. 254 Page 37, in the office of the County Clerk of Galveston County, Texas, and be- . irg more Particularly described by mates and bounds in EXHIBIT "A" II attached hereto and made a part hereof. i.$-.- TO• HAVE AND TO HOLD the said premises, together with all rights, hereditaments and appurte- nances thereto belonging, unto the said grantee above named, his heirs and assigns foreve!. And I do hereby bind myself , my heirs, executors and administrators to WARRANT AND FOREVER DEFEND the title to said property unto the said grantee above named, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same, or any } 1 part thereof. EXECUTED this a day o f Nay, A. D. 1979• 1 CLINTON(1.iati:./t /Atli//J. irtilie , R. HACK SLY, JR. , TRUST ,E. 11 ,i is R A 5 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL ' May 15 , 1978 A Regular Meeting of the Friendswood City Council was held at the City Hall at 7 : 30 p . m. on Monday , May 15 , 1978 , with the following members present : Mayor Ralph Lowe City Manager Jim Morgan Councilman Ed Zeitler City Attorney John Olson Councilman Loren Wood City Sect . Bobbie Henry Councilman Dale Whittenburg Councilman Tom Lay Councilman R. J . Blanken With a quorum present , and with none absent , the following business was transacted : O INVOCATION - Rev. Allen Gunderman , Hope Lutheran Church READING AND APPROVAL OF MINUTES - Minutes of a Regular Meeting (U of May 1 , approved as read. Minutes of a Special Meeting of [] May 8 , approved and corrected. ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR 1 . The Mayor read a proclamation setting this as Police Week, and announced that he had presented a proclamation to the Autumn Hills Rest Home proclaiming this week as Rest Home Week. 2 . Council members met with the Subsidence Board this week and received a permit to drill a new water well . 3 . The Highway Department has agreed to install a signal light on FM518 at the Fire Station to be used at the time of fire calls . 4 . Mayor Lowe met with representatives from Pearland and Harris County to request extending the name "Dixie Farm Road" to Highway 3 on what is presently known as Choate Road, on completion of Pearland ' s bridge across Clear Creek which will connect these two roadways . Harris County people were in agreement with the proposal ; they also indicate that the Harris County portion of the road will be surfaced in the near future . PETITIONS & COMMUNICATIONS . 1 . Mitch Mitchell again appeared to discuss paving of Leisure Lane from FM 518 to Winding Way , specifically as an entrance- way to his proposed subdivision. He proposed participation by the City and adjacent property owners , and wanted a definite date when this might be accomplished. Council was agreeable to the concept , but could not commit to a definite timing , and said that this particular project would have to be considered as part of the overall city plan . Mayor Lowe appointed a committee consisting of Councilmen Blanken and Whittenburg and Glen Cress of the Streets and Bike Trail Committees , with two other members of the Street Committee to be selected , to study the concept of participa- tion street projects and set up guidelines for same . 2 . Mrs . Beverly Lanmon addressed Council on desirability of getting that portion of Leisure Lane beyond Winding Way paved, citing the length of time these homes have been in the City and the fact that until three years ago they main— tained their own road. She also asked that width be consider- ed in improving the first section of Leisure Lane because of the heavy traffic to the Church of Christ and school bus traffic on the road . • • 136 /3 7- 7 g REPORT FROM THE CHARTER STUDY COMMITTEE - Bob Stewart presented copies of the report with an explanation of how the committee reached their conclusions , recognized members of the committee for the effort expended , and stated that the committee is ready to go through the proposed changes with Council at a meeting next week if Council so desires . MOTION : ( Lay) To accept the report for study , and thank the committee for their efforts . Second : Zeitler Vote : Unanimous FOR MOTION CARRIED OFFER OF SMALL PARK IN SUNMEADOW - Mr. Morgan reported that the Attorney says the property can be conveyed to the City with the residents doing the maintenance work , but the City will be liable for any damages or injuries related to such maintenance work. MOTION : - (Maaz) Not to accept the offer from Sun- meadow for the park property . Second : Zeitler Vote : Unanimous FOR MOTION CARRIED l� J- 7 TRAFFIC CONTROL RECOMMENDATIONS - Mr. Morgan , under the new traffic controls procedure , advised Council that steps are being taken to prohibit parking in front of the building at the corner of FM 518 and Willowick, and if this can not be accomplished through cooperation by the owner, signs will be erected and no parking will be allowed which obstructs the view on this corner. /`(0 _ 79 CLOSING OF OLD WHISPERING PINES - Mr. Morgan presented his proposal for closing the old section of Whispering Pines by placing a baracade in line with the Hatcher property to afford him access to his driveway. The balance of the abandoned road- way will be disposed of by (1) deeding one half to Clint Hackne in exchange for the new right-of-way which he donated to the City and ( 2 ) allowing the New Life Church to purchase the half of the roadway next to their property through the procedure of street abandonment . Council approved this proposal. P74/ _ 7 9 PARKING AREA AT CITY HALL - The Planning Commission says that the parking lot must be blacktopped to conform with city law. Mr. Morgan reported that this will be done after the base material has had sufficient time to set , and when budget funds will be available for the topping: l 4.2 _ 7 g CITY HEALTH OFFICER MOTION : (Wood) To confirm the Mayor' s appointment of Dr. Richard Conway as City Health Officer for the next fiscal year . Second: Lay Vote : Unanimous FOR MOTION CARRIED / ,71 3_ 7 SIGN REGULATIONS - A number of comments were made on the copy as presented by the Council Committee , and several corrections were made to the copy prior to submitting to the City Attorney for his study as to legality and enforcability . MOTION : (Maaz) To refer the sign regulations to the City Attorney for review and comments back to Council , and discussion with Council prior to actually drawing up an ordinance . Second : Blanken Vote : Unanimous FOR MOTION CARRIED 13; AGREEMENT WITH TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC Hi/ " g TRANSPORTATION RELATIVE TO SIGNAL LIGHT AT FIRE STATION - whereinthe City agrees to exercise no control over the sign without written authority from the Highway Department , and that the City will be responsible for police enforcement required for securing obedience to the signal . MOTION (Zeitler) To authorize the Mayor to sign agreement with the Department of Highways and Public Transportation concerning the signal light at the fire station . Second : Whittenburg Vote : Unanimous FOR MOTION CARRIED WATER WELL - A letter from the School Board proposes to trade /515 7� the City a 100 ' X 250 ' behind the football stadium for a 40 ' wide strip of Castlewood bordering the high school site . It is on this land that the City is considering drilling the new water well and placing a storage tank. O MOTION - ( Lay) That the City Manager write a letter to the school accepting the concept of their Q proposal, and begin making up specifications for the new water well . CX Second : Maaz Q Vote : Unanimous FOR MOTION CARRIED MOTION : (Blanken) To direct the City Manager to review the Water Engineer ' s report and discuss with him implementation of the well and distribution system, based on the best and most economical system for immediate needs but compatible with the long-range water plan. Second : Lay Vote : Unanimous FOR MOTION CARRIED MEETING WITH PLANNING COMMISSION - Council will meet jointly J4 '715 with the Planning Commission at 6 : 30 p.m. on Thursday , May 18 , to discuss a master plan for the city , subdivision approval , streets , septic tanks , procedures , dual meeting , parks , etc . One item on parks is designation on plats of "City Parks" and desirability of the city owning these small park areas . The City Secretary is to notify members of the Commission by phone of this meeting. REZONING FOR HIDDEN COVE - This item which was added to the agenda after the closing time , will be deferred until next Monday. ORDINANCES #302-E AGREEMENT BETWEEN CITY & STATE ON FIRE STATION TRAFFIC SIGNAL - Emergency Reading AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREE- MENT DATED MAY 15 , 1978 BETWEEN THE STATE OF TEXAS AND THE CITY OF FRIENDSWOOD , FOR THE INSTALLATION , CON- STRUCTION, EXISTENCE , USE , OPERATION , AND MAINTENANCE OF HIGHWAY SIGNAL PROJECT AT THE LOCATION SHOWN ON EXHIBIT 1 , ATTACHED HERETO AND MADE A PART HEREOF , IN THE CITY OF FRIENDSWOOD ; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT ; AND DECLARING AN EMERGENCY . MOTION : (Lay) To approve and adopt as an emergency , Ord. #302-E. Second : Wood Vote : Unanimous FOR MOTION CARRIED - i38 T-4A - ANNEXATION ON FM 528 - Third & Final Reading AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS , TO INCLUDE ALL LANDS AND AREA WITHIN CERTAIN LIMITS AND .BOUNDARIES AND ANNEXING TO THE CITY OF FRIENDSWOQD ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDAR- IES ; PROVIDING THAT THE PASSAGE OF THIS ORDINANCE SHALL NOT IMPAIR OR AFFECT ANY OTHER ORDINANCE ANNEXING TERRI- TORY TO THE CITY OF FRIENDSWOOD. OR ANY OTHER ANNEXATION ORDINANCE WHETHER PASSED ON ONE OR MORE READINGS AND NOT YET PASSED ON FINAL READING ; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. MOTION : (Lay) To approve and adopt on third reading Ord . #T-4A (and assign permanent number 303 ) Second : Wood Vote : Unanimous FOR MOTION CARRIED Ord . #T-5A - FLOOD DAMAGE PREVENTION - 2nd reading AN ORDINANCE OF THE CITY OF FRIENDSWOOD SETTING FORTH FINDINGS OF FACT RELATIVE TO FLOOD HAZARD AREAS WITHIN THE CITY; SETTING OUT ADMINISTRATIVE PROCEDURE FOR FLOOD INSURANCE INCLUDING VARIANCE PROCEDURES ; OUTLINING PROVISIONS FOR FLOOD HAZARD REDUCTION AND STANDARDS FOR AREAS OF SHALLOW FLOODING ; SETTING STANDARDS FOR SUB- DIVISION PROPOSALS ; INCLUDING A REPEALING AND A SEVERA- BILITY CLAUSE. MOTION : (Lay) To approve second reading of Ord. #T-5A. Second : Wood Vote : Unanimous FOR MOTION CARRIED Ord. #T-5B - HYDRO-LOCKS ON FIRE HYDRANTS -Second Reading AN ORDINANCE PROVIDING THAT ALL FIRE HYDRANTS WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD , TEXAS , BE EQUIPPED WITH A CONNECTING DEVICE KNOWN AS A "HYDRO-LOCK" • OR ITS EQUIVALENT ; AND PROVIDING A PENALTY . MOTION : (Blanken) To approve second reading of Ord . #T-5B. Second : Zeitler Vote : Unanimous FOR MOTION CARRIED Ord. #T-5C - HOUSE NUMBERING - Second Reading AN ORDINANCE REQUIRING STREET ADDRESS NUMBERS TO BE DISPLAYED ON OR IN FRONT OF EVERY BUILDING OR STRUCTURE IN THE CITY OF FRIENDSWOOD, TEXAS , USED OR INTENDED TO BE USED FOR RESIDENTIAL, BUSINESS , COMMERCIAL, EDUCATIONAL, RELIGIOUS , GOVERNMENTAL , OR SIMILAR PURPOSES ; PROVIDING THAT SUCH STREET ADDRESS NUMBERS SHALL BE READILY IDENTIFIABLE FROM THE STREET UPON WHICH SUCH BUILDING FACES ; AND PROVIDING A PENALTY . MOTION : (Wood) To approve second reading of Ord . #T-SC . Second : Lay Vote : Unanimous FOR MOTION CARRIED Ord. #T-5D - REZONING FOR SPECIFIC USE (OIL WELL) - First Reading AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY FROM R-1 TO SPECIFIC USE (OIL WELL) ; CHANGING THE ZONING'IMAP ACCORDINGLY; COMPLYING WITH ORDINANCE 291 OF THE CITY OF FRIENDSWOOD KNOWN AS THE ZONING ORDINANCE . MOTION : (Whittenburg) To approve first reading of Ord . #T-5D. Second : Zeitler Vote : Unanimous FOR MOTION CARRIED 16 ') WARRANTS FOR APPROVAL - The following warrants were approved for payment : Gen. Fund #221 - Rosenberg Library Assn. $ 846 . 86 222 - Wartex Oil 682 . 03 224 - Pearland Lumber Co . 719 . 36 225 - Community Public Service 1 , 829 . 36 226 - R61 Pipe and Supply 777 . 00 227 - Webster Bicycle 6 Lawnmower Supply 1 ,190 . 00 W6S Fund #959 - Western Auto 588 . 00 960 - Infinite Interest 882 . 80 961 - Buyers Supply 1 ,206 . 25 962 - Ad Valorem Records , Inc . 604 . 81 963 - Community Public Service 3 ,224 . 34 964 - Naylor Pipe Cleaning 1 , 400 . 00 Cap. Projects Fund #138 - Traffic Engineers , Inc . 854 . 84 Check #196 from the Waste Disposal Fund to Slip Liners in the amount of $144 , 382 . 55 was not approved pending determination by O the City Manager that all clean-up work has been completed. PROPOSAL FOR IMPROVED TELEPHONE SERVICE FOR CITY HALL - Mr. /x1 7- 7 Morgan furnished Council with a proposal from the Telephone CD Company for an expanded system of telephones for the' 'City Hall , for their study. CITY PICNIC - Mr. Morgan outlined plans by the Parks Director / vg - 7 and himself for a picnic to be held at Stevenson Park on June 3 . Participants would be city employees and members of • all committees , commissions and other volunteer groups involved in city government , along with their families . Games and contests are also planned for the day. ADJOURNMENT - Motion was made and seconded that the meeting adjourn. The meeting was adjourned . City Secretary APPROVED : Mayor Ralph Lowe • • METES AND BOUNDS DESCRIPTION, ATTACHMENT "AM Field notes on a 60 foot wide right-of-way out of Abstract 151 , Galveston County, called Friendswood drive and being adjacent to G Triangular Parcel of land described in Book 3135, Page 530, Deed Records of Galveston County, Texas and more fully described bR metes and bounds as follows: COMMENCING at the intersection of the Easterly line of F. M. 51C and the Southwesterly line of Friendswood Drive; THENCE South 47 degrees, 22 minutes, 48 seconds East along thT Westerly line of Friendswood Drive a distance of 116. 24 feet to a point for PLACE OF BEGINNINOp THENCE North 42 degrees, 02 minutes, 07 seconds East across the existing friendswood Drive right-of--way a distance of 60. 01 feee to a 1/2 inch iron rod found for most Southerly corner of a tract of land owned by Harry Hatchero THENCE South 47 degrees, 22 minutes, 48 seconds East along the Easterly line of Friendswood Drive a distance of 286. 76 feet to E point in the recently windened Northerly right-of-way line of Whispering Pines, said point being 50. 00 feet North of thW centerline of Whispering Pines; THENCE South 42 degrees, 02 minutes, 07 seconds West along thT 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 Whispering Pines and the Westerly line - of Friendswood DriveF THENCE North 47 degrees, 22 minutes, 48 seconds West, along sai.T Westerly right-of-way line of Friendswood Drive, also being the Easterly line of the aforementioned triangular parcel of lanE described in Book 3135, Page 530, a distance of 286. 76 feet to the PLACE OF BEGINNING and containing o. 395 acres of landP • • OF: 82120208 ml Page P .ry., Rights of Parties in Possession. (OWNER POLICY ONLY) 1 . REQUIREMENTS: We must be furnished with a correct survey and field notes of the property to be insured, made by a Licensed Public Surveyor of the State of Texas, acceptable to this Company. When same is submitted, it is to be returned to the Examination Department for inspection and approval . Such descriptions must define both the Easterly and Westerly half of the street.. Additionally the description, by metes and bounds, and the drawing or plat must: 1 . ) : Indicate physical monumentlat ion 'at all corners and/or points, in accordance with the Land Surveying Practises Act of 1979 and the April 16, 1982 rule of the Texas Board of Land Surveying; 2. ) And, monument/reference the fee Lots abutting the respective portions of street right-of-way to be abandoned. We must be furnished with a properly executed Specia:I. Warranty Deed from the City of Friendswood to the respective purshaser(s) , together with a Certified Copy of the Ordinance which abandons and closes subject portions of street right-of-way and authorizes the Mayor to execute and the City Secretary to attest such conveyance(s) to the abutting owner(s) , all in accordance with existing State Statutes regarding such lal"andonment(s>) . CAUTION: HOUSTON TITLE COMPANY, ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN THIS REPORT OR FOR VERBAL STATEMENTS. THIS IS A COPY OF A PRELIMINARY REPORT MADE FOR USE OF HOUSTON' TITLE COMPANY ONLY, TO DETERMINE WHETHER A TITLE INSURANCE POLICY -CAN BE ISSUED. IF A COPY IS FURNISHED TO THE PARTIES TO THE TRANSACTION, IT IS TO FACILITATE PREPARATION OF THE NECESSARY INSTRUMENTS, TO POINT OUT CURATIVE REQUIREMENTS, IF ANY, AND TO SHOW THE RESULTS OF THE COMPANY'S TITLE SEARCH (UPON WHICH ONLY THE COMPANY MAY RELY) . NONE OF THE INFORMATION CONTAINED HEREIN, OR THE ABSENCE OF OTHER INFORMATION, CONSTITUTES A REPRESENTATION TO ANY PARTY, OTHER THAN THE COMPANY, AS TO THE STATUS OF THE TITLE. IF A TITLE DEFECT OR ENCUMBRANCE SHOULD EXIST WHICH IS NOT DISCLOSED HEREON, THE COMPANY SHALL NOT BE LIABLE BY REASON OF FURNISHING THIS REPORT OR FOR ANY VERBAL STATEMENTS RELATED THEkETO. THE COMPANY SHALL NOT BE LIABLE FOR ANY TITLE DEFECT UNLESS A TITLE INSURANCE POLICY IS HEREAFTER ISSUED BY IT, INSURING AGAINST SUCH DEFECT, AND THE APPLICABLE PREMIUM PAID THEREFORE, AND THE COMPANY'S LIABILITY THEN SHALL EXIST OBLY UUDF::R THE TEIRMS OF ITS POLICY (AS PRESCRIBED BY THE SBAI•E BOARD OD INSURANCE) AWD ]:S MEASURED AiAD LIMITED THEREBY. END Examiner: / C/ < j 1 /CsN ;F, Tommye Owi igs h F : 82120200 mG Page 2 / \',i.H. TITI f'Nl('I IIl A 0.1/1P .r •..i �r �.a. th. •a ~^ -. ^ - . ^ Title Report To HOUSTON TITLE COMPANY 1800 St. James Place, Suite 400 * Houston, Texas, * 77056 713/626-9220 *** Examination From Records Of Houston Title Company and For The Use Of Houston Title Company Only GF NUMBER: 82120208 ESCROW OFFICER: Bertie Ward SELLER: BUYER: REPORT DATEV Decem ' er 15, 1983 EXAMINER: TommUe Owings BY UPDATED' T10.' DESCRIPTION OF PROPERTY: (For Legal Description, See Metes and Bounds Attachment "A" ) " TITLE GOOD IN: NEW LIFE ASSEMBLY, INC. , AKA NEW LIFE ASSEMBLY OF GOD, AS TO UNDERLYING FEE IN EASTERLY ONE HALF ( 1/2) / CLINTON R. HACKNEY, JQ' TRUSTEE, AS TO UNDERLYING FEE IN WESTERLY ONE HALF ( 1/2' / AND, ~ CITY OF FRIENDSWDOQ^ TEXAS, AS TO EASEMENT FOR PUBLIC ROAD R STREET PURPOSES' » 1 . (u) SURVEY: If this Company is to be culled upon to insure area and boundarg lines, or if valuable improvements are erected, it must be furnished u proper current survey made by u Surveyor of its own choice. Otherwise, the policy will contain usual printed exception as to discrepancies which u correct survey would show. (b) ' TAXES: All tuxes must be shown nuid prior to closing. ( c) LABOR AND MATERIAL LIENS: All bills for repairs, or improvements made within lust four months must be shown paid. (d) POSSESSION: Full and satisfactory disclosure must be made prior to closing as to rights of all parties in possession If Owner's Policg is to be issued, the insured will be expected to sign waiver of inspection by the Company, and look t-� the seller to deliver possession. (e) USURY OR CLAIMS OF USURY . 2. RESTRICTIONS: None of record. 3. EXCEPTIONS: ' � OF: 82120208 Nl Page 1 ' ^ • ORDINANCE NO. 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 , 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 day of August, 1983. PASSED AND APPROVED on second reading, this the day of , 1983. PASSED, APPROVED AND ADOPTED on third and final reading, this the day of , 1983. Mayor ATTEST: City Secretary -3- James L. Guerrero NEW LIFE Pastor Res.713-338-2100 ASSEMBLY August 29, 1983 TO THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD Gentlemen: Please be advised that the New Life Assembly of God Church official board, as an adjacent prope�oymera tract of land described in your proposed ordinance y s , which is attached, does not concur either in the factual re citations of the proposed ordinance nor it's objectives, and will contest the same at any scheduled council meeting. Very truly yours, ( i .his 4, L Trustee ustee Pastor cc: Mark W. Stevens Martin, Carmona, Cruse & Garza 501 Moody Nat'l Bank Bldg. Galveston, Tx. 77550 NEW LIFE ASSEMBLY OF GOD 104 WHISPERING PINES P.O.BOX 1014/713-482-5433 FRIENDSWOOD,TEXAS 77546 .:,yam + r"rr • NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL NOTIHEREBY GIVEN that a ,t e!e..�2_ meeting IS � � of the Friendswood City .Council wi'l be held on the day of (. ter l; . .. , 1983 , at 7- 00 p.m. in the City Hall , 109 Willowick, Friendswood , Texas , at which time the following subjects will be considered: • SEE ATTACHED AGENDA City Secretary Dated this the /911 day of • (1,1t,/,: eu / , 1963 Time : 4r' p1 )) P .M. • r: ,. I , the undersigned authority, do hereby certify that the above NOTICE OF MEETING of the Friendswood City Council was posted on the bulletin board at City Hall at least 72 hours prior to said meeting. •-x) e xl, City Secretary SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL August 2.2 , 1983 AGENDA A. HURRICANE REVIEW B. OPEN BIDS ON STREET WORK C. PL"IS1ON COMMITTEE REPORT (Ed Dykes) D. INDUSTRIAL DEVELOPMENT CORPORATION BY-LAWS - Approval E . RESOLUTION DESIGNATING "BLIGHTED AREAS" F. PUBLIC HEARING ON TEXAS-NEW MEXICO POWER CO. RATE INCREASE G . CALL PUBLIC HEARING ON ANNEXATION (for September 12 ) H. .DECISION ON PAVING MAGNOLIA STREET I . REPORT FROM CITY MANAGER ON COST OF GOOD TEMPORARY TOPPING FOR SHADOWBEND J . MASTER PLAN FOR WATER AND SEWER Y . CONSIDERATION OF BLACKHAWK EXPANSION CONTRACT AND AUTHORIZING' MAYOR TO EXECUTE L. ENGINEERS OPINION ON MOVING SMALL ELEVATED WATER TOWER BEFORE LARGER TOWER IS IN SERVICE. M. DOG ORDINANCE - Consider revisions • N. SUBDIVISION ORDINANCE - Workshop O. FLOOD DAMAGE PREVENTION ORDINANCE - Consider revisions " % P. CHECKS FOR APPROVAL Q. EXECUTIVE SESSION R. ANY OTHER ROUTINE BUSINESS TO COME BEFORE COUNCIL (Z) S . ADJOURNMENT ! � /"n"ory 10, 1983 ' | Escrow nffjcer tie War! m� L Examiner: .{ckn So. . ; � ~ � i | / � / SrHEDULE A � / � / | OF NUMBER OR FILF NUMREn: 97170208 COMMITxrUT NUHyrO | Ll EFFECTIVE DATE OF COMM�TMENT' December 18, 198? R' 00 o" clnr� M M » . ^ / | | 1 . PPLrCY OR PO[ICIFS TO BF ISSVFP- / (A) FORM T-1 : OWNER POLICY OF TIT( E TNQUR0NCE I.- PROPOSED IwqURED: (P) FORM T-2: MnRTPAPEF POLICY OF TIT/F `^/9//nnprr $ ^ PROPOSED INSiYRFD: r / PROPOSED B?nRnUER: | � | (C) FnPM T-17: M?R7719rF TTTir pph,rY n7vnrR ON ' INTERIM CnNSTRUCTTVN LOAN � , � � ! ' PROPOSED INSURED: | ! pRnPPSFD BORROWER! | | � | * (D) OTHFR� $ � � ! pROPDsED 7NS/yRE97 ! | 2. THE ESTATE nR INrFRFrT rw THE ! AMP PrPrP7Drn ,`n »rrroV|'n in Im | THIS COMMITMENT AND CPVFRFD HERFTH' /FFE gTMP| F, !'FAcr,/OLD, � FAqFMENT5, ETC , -IDENTIFY PR nFrQp`fr� | � ' i � FEE SIMPLE TTTLE ^ V ' 3. RECORD TITiE THFRFTO AT THF FFFFCTIVE DATF HFPF/)r APPrAPr TO RE � | VESTED IN: | . � / CLrNTON R. 'HACKNEY, ./R , TR19TEE ! / � 4. THE LAND REFERRED TO IN THIS rOMMTTMFNT TT DFTrnTDrP AS rQ/ /-OWS' / | � (For Legal npscrjDfion, See Motes ond Bnon'/n 4t / "'!.w,nt "n " ) � | / pCHFDULE B | � | ' � ' Tf OF THF POLICY On PP{ IrIFS TO Br Iqr//rD u`! l A| 99 UnPTA] n \ THE F.nLinuTH1'3 FXrU|STOMS ANn FXCEPTIPNS- � | T|'7 POL `CY WTLi BE �OB |ErT TO THE r�@yTTr«9� ^,D �T7�|n �TTP;r 7/,F�r«r, | � ` ' ' | THF TERMS AND COMDTT7QMS OF THE IM9TRUMFMT rRFATTMP T|?r FgT='� rHPURFD, Tr 4NY, SHOWN IN SCVFrU!r A. AND TO T|/' Fo|] n»IHn `i^TTFY' WHICH WTLL BE ADDITIONAL EXCEPTIONS FROM THE CUVERA()E OF THE P9''TCY: | 1 . RESTRICTIVE COVFNANTS AFFECTING THF LAND mCRIBrD OR RFFrPR[D TO � ! CO|!"TFRSIcNFD: n HU(/STON TIT| r C?MPANf | | ! | n., | ?070Q � C�mm�tm�nt No. � TITLE INSURANCE COMPANYK��� MINNESOTAr � - 10, 1983 Fsrrnw 9[faer wtie Word - Examiner: John E �s -- ' � / APOVF, ni|T IN ANY MORT�M�FF P�| ?rY OF TrT| E TNr|/R^urr np mnRTAAGFE � . � ' TITLE POLICY RTMPER ON INTERIM CONSTRUmDN LO0N, THF rn=NY H-L/ i GUARANTFE THAT ANY SUCH RFSTRTCTIV7 r9UFNA"r7 HAVE NPT PFF' 0 | VIOLATED SD AS TO AFFErT, AND THAT A F//T|/RE VIOLATTnU TH7n9nr HIL NOT AFFECT THE VAiIDTTY OR PRTORITY OF THr TNTU?rP MORTnOnr r ! , | Nona of recnrd � . . ! ! 2 ANY DISrRFP0NCTF9, CONFLICTS, 9R SunPrnprS n, (Rr; ?r "n./"nApv � } LTNFF, OR ANY ENCROACHMENTS, MR ANY OVERLAPPING OF IMP»o'/rVrMTr' | . 3 TAvFS rPR THE YEAR 1982 AND SnBSEq//FHT vFMRS' AMP 7''``~r94ENT � | ASSESSMENTS FOR PRIDR YEARS DUE TO CHANGE IN LMN" /"qj, p» ' OWNERSHIP � . / � | 4 URURY OR nF USURY (M0RTSAgEE POLICY Oi MORTGARFE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN ONLY- ) 5 ANY RT�HT OF r�SCISSInN C9`/T�T`!�D Iu A�'Y K��YY���v/�YER CREDIT � � . � i PROTECTION OR TRUTH-IN-LENDING iAWQ CMURToAnY�E P[IIY-- - ; | MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN TMLY ��� � | A. NO MATERIALS HAVE PEEN FUPNISHED OR ANY LABD? PFpFpPxED Iw ' CONNECTION WITH THF CUNSTRU�TT�M |Y[REUN�FP p� � CONTEMPLATED TnR To THE EXECUTION, ACKNOWLEDGMENT, AND DFLIVFPY OF T - � ' xF | TrM Ty,r�nHrNT | DF�rnTRFD UN?FR SCHEn\|LE A HrRFPF, IF rHr [ AND DE9CR7pr» Pw .rR SCHEDULE A FORMS ANY PART OF � TPF |/OMESTrAn OF THE OWmFR (nAY BE DELETEn IF SATISFACTORY FVIDENCF Iq r'/poI9/![D nrFPrr rn`nrR 77 TRSOFD. ) (MORTOACEE TITLE POLICY BIN5FR ON INTERTY; cnNSTPUCTION , p ! LOAN ONLY. ) / 7. THE FPiiOWING LIEN(S) AND ALL TFRMS, PROVISIONS AND CnN0rTTn"S »r | THE INRTR/}MFNT(S) CRFATING DR EVIDFNCTMs RAID LTFN(F) - pr~npr--� � . Ilpn' if any, to be approved by this cnnpony. / } 8. MINERALS: ' � Fst"te rreoted hy all, gas and ninpr"l louce or"pf^d / " Pon / | Harrison, I?I in instrument recorded in Vnl"no 7707, pow5?7 or A. w | fho Pr"H Rcnords of Galveston roonty, Texos , and "` l lerm-' Al conditions and stipolotions contained Ph-rain . Titl^ to th- �- � Ipose has not ,`een Anvesth«otrd subsequent in onto !h^rpn | (9urfoce rights waived in Volume 7939 Pog" 45 ) � ' i | SCHEDULE C » ' » ' 9CHEDOiF B OF THE POLIrY TO BE ISSUED QT| L ALSO COMTAIM F=PTIOM� | WITH RESPECT TO THE Fn(/OWING MATTFRS S||PPOSFD TO ArrrCT TIT| F TO THE . HEREINABUVE DESCRIBED PROPERTY UN/ FSS THE FOLLOWING MATTERS ARE � DISPOSED OF TO THE SAT79FArTInN OF THr rOHPANY AT OR pPInP TO T//r DATE / OF THE ISSUANCE OF THE POLICY: _ | ~ ! , 1. TNSTni|ME»T(S) rRFMTING THE FFTATF OR INTFnErT TO Dr TV,/«'r» M//rT | BE APPROVED BY THE COMPANY, EYECUTFD MND FILFD FOR RFrORn | ' 2. SATIcFACTnRY FoTnFwCF THAT mQ PEPooN OCCVPY7NG THr pPOprRTY OP ?»Y ^ | . PORTION THEPEOF OWNS OR C( AIMS ANY INTERFST T|/FR[Tp, E7T/!E^ " | rr9SON41.|Y OR BY R7G9T OF ANOTHER, ADVERSE TO THF PRFSFuT PFrqR" | OWNER AS SHOWN IN SCHEDULE A �� ^ � A. | � � 3. PAYMFNT OF THE FU/l CON5IDFR#TIOM TO, OR FOR THE ACCOUNT OF, THE i ° | Cp|/pTERSIGNFD. � ROUSTON TIT[ E rnMP0nY MI � _ / GF� dw ' ' || Commitment No � UITLE JNN^�0U �� ��/������ K� MINNE °"� ��`^-~ �� �� ' ~ �~, • f 3 L rb 198 'L3 • • L i; • rscrow : ?rtie Word - 7 Exnminer: John C is • GRANTORS OR MORTGAGORS. 4. PAYMENT OF ALL TnYEs, cHnRnr7, (v,m (TSEGGNENT LryTr)i or' n79rF9rP 0 AGAINST THE SUBJECT EGTATE OR INTEREST, MTCH nrr CYR7<ENTLY DUE AND PAYABLE. . r ! r7! rtirpFm - THAT A1.1. THPYOVEN7NTG nNP/nr prrnv,-1 p .1p/nr.,f ALTERATIONS THERETO ARE comrLrTrp AND nrorrTrp pY THE npNrr Amp THAT MI_ roNTRAcToRs, 7oPcoNTrnrTnq, 1 ( :!pprr, 4A.,T2T!'%ftwN HAVE PEEN PAID TN rULL, AND NO mrcmnmTc's, LAPoFR'S OR MATERTALMEN'S LIENS HAVE ATTACHED. 6. ANY DEFECT, LIEN, ENCUMBRANCE nR OTHER MATTER AFFECTING OR 0 GHPPOSED TO AFFECT TITLE TO THE ESTATE OR TNTrrri. TO nr TNREn WHICH MAY BE FILED OR WHICH MAY ARRISE SUBSEQUENT TO THE rrrFoyTwc DATE HEREOF. 7. TF A MORTGAGEE POLICY OF TIT! E Twl!'revarr TS Tn pr mloorn SATISFACTORY EVIDENCE THAT RESTRICTIONS ANn REGIPTCTTVF 0 IF ANY, HAVE NOT PEEN VIOLATED SO AS TO nrrrcT, AND THAT A FU1HRE VIOLATION THEREOF WILL NOT AFFECT THE VALIDITY nR PRTnR•I: ry or THE 0 INSURED MORTGAGE. R. Amended Stote Low of the To Pecordinq Art (Ch . 206, Ger 1 , Art . 66 '6, Revised Civil Stotutes of T,TX0. : 1.929, os onvlded, p. (b) , effective Jonuary 1, 190?, rc,quirs, ond thir rompontr requires that 'all Deeds or other' instrume-ynts conveyi.n interest(s) in ree.11 property must hove the address(p,. ) of the Grontee(s) (all of them if more thon one) in the body of the • dorument or in as seporote instrument riqned by both the Grantor and Grantee attached to the document" . The Companu denies rt'.'sPonsibiii tq or Ii nbilj-ty for finps, p nil 1+. or 9.!vc-r actions of any tupe that result -From PrOM!rr. of any rparty involved in this transaction to comply with the amended stotute. 9. REQUIREMENTS: We must he furnished with o survey showing o rnilfoining the correct metes and bounds description of the propty to be ) insured, mode by n LirPns.;e(1 P1011ir Surveyor of the Gtotenc Toxo , ncreptohle to th-i.s Company. Oben some is submitted . i' 411 to b,..? • returned to t.hp Examiner for inspection and approvoT . - el 0 I rmINTERsT6Nrp .,„ HOT3T011 Tillr rownwe F. 971 ?(Y7 )9 HW • 1111 TITLE INSURANCE M COMPA OF INNESOTA 0 1 Commitment No. : nnar. Jonuary 10, 1983 • t Escrow Ofrirer : n ie Word Fxami.ner: John • MFTES ANT POUNDS DFSCRIPITON, ATIACUMrNT "A" Field notes on a 60 foot L.lide righ+-of-wau out of Absfrol. 171p Palveston County, called Friondswood Drive ond being adjot. 1:o ii tri-angular parcel of land described in Bop :: 3175, Page r7,-70 Pecords of Oalveston Count , Texas and more fullu descrih-d ht.( it and bounds as follows: COMMENTNO 'it the intersection or the Easterlu line of F H 518 and the Southwesterly line of Friendswood Drive; THENCE S 47 degrees 22 minutes 49 seconds r. along the Westerlg line of Friendswood Drive distance of 116. 24 feet to a point for P!.ACE OF PEOINNING; THENCE N 42 degrees 07 minutes 07 Fonds r. ocros +he Fn*endswood Drive right-or-wag n diStrITICr! (IF 60. 01 root +.1 o 1/7 :inch iron r'c,d round for most Sorthorlu corner or 0 yr leind owned bu Harry Hatcher; THENCF S 47 degrees 22 minutes 48 secondc F. ' long the Fosif.rlu line of Friendswood Drive a distance or 286. 76 feet to o prO..0* the recently widened Northerllt right-or-wou line of Mil.i ',Tr.r:ing Fine';. Selid point being 50..00 feet North of the centerline or Whispering Pines; THFNCE S 42 degrees 02 mirrtec: 07 sr-conds Y. olorg the aforemnt*oned Northerly right-or-i!ou line of Whispering Pil101-2 n distonce of 60. 06 feet. to the point of inlerceclion (4 the !(7,r*. 1y line of Whispering Pines and the 167.-;herlq or Friendswood Drive; THENCE N 47 degrees 22 minutes AP' W o (1.1)“ d t-r iij right-of-wog line or Friendswood Drive, also being th,-, lire of +he aPorementioned triangular norcel of land ir Pont'' 3135, Page 570, a distance or 2P6 76 re-,k to 171.1,7; plewr or PFOTNNINS and containing 0. 795 Acres of Land. • COUNTERSTONFD . lir!' ITT' F ,F: „, „,„ t1, Commitment No. : Ofrit TITLE INSURANCE COMPANY OF MINNESOTA noire.. 4 r' OLSON & OLSON iZe 1.)n ATTORNEYS AT LAW CAPITAL BANK PLAZA. SUITE 3485 P 933 CLAY AVENUE HousToN, TEXAS 77002 III (71 S1 759-0896 June 20, 1983 Mayor and City Council City of Friendswood 109 Willowick Friendswood , Texas 77546 Re : Vacating and Transfer of Public Street Right-Of-Way for Mr . Ray Utley. Dear Mayor and Councilmembers : This letter will outline the authority and procedure necessary for the City of Friendswood to vacate and transfer public street right-of-way within the City under the facts presented regarding Mr . Ray Utley. Based on information provided by the City , it appears that Mr . Ray Utley tendered to the City certain properties along F.M. 518 to remedy an existing dangerous intersection of F.M. 518 with Whispering Pines . As part of the tender of such property, the City apparently in good faith recognized that with such improvements the City ' s interests in the existing Winding Way (also known as the Whispering Pines cut-off) right-of-way could be relinquished to the successors in interest to the original adjacent property owners , save and except for a small portion at the southernmost end of the roadway which would be retained in its original condition and transferred to the Hatchers to guarantee access to their driveway. Indeed , City records reflect petitions from the New Life Assembly Church and C. R. Hackney, Jr . , seeking this abandonment of the "back street . " Subsequently, the property was tendered by or on behalf of Ray Utley, the F.M. 518 improvements were completed , and the Winding Way/Whispering Pines cut-off remains in a state of semi-abandonment . There are several statutory provisions applicable to this issue . Mayor and Councilmembers June 20, 1983 Page 2 Article 1175(18) empowers home-rule cities , such as Friendswood , to "vacate and abandon and close any. . .streets , alleys , avenues or boulevards" of the City. There are no statutory restrictions on this power contained in the home-rule statute ; however , there are general laws and charter provisions which will regulate the City ' s actions in vacating and abandoning such public right-of-way. Of course , private rights such as easements acquired through purchase of lots according to a map or plat laying out such streets cannot be extinguished by vacating and abandoning the City 's right-of-way therein. In addition to Article 1175(18) , which has been adopted by Section 2 .01 of the Friendswood Charter , Section 2 .04 of the City ' s Charter expressly gives the City the right and power to alter , abandon and/or vacate any public street ; subject , of course , to private rights therein. Section 2. 01 requires that any conveyance of abandoned street right-of-way be by ordinance . Thus , any exchange of street property for other property must be by ordinance duly enacted by the City Council . Such ordinance should reflect the public purpose of the action in abandoning and conveying the right-of-way , reflect that fair market values of the properties involved were equitable , and authorize the Mayor to execute the conveyances involved . Article 1017 , which applies to all cities , requires that the proceeds from the sale of abandoned parts of streets be used only for the acquisition and improvement of street property. A land exchange would be a sale under this statutory provision. However , since the City used the property received for street purposes this statute has been complied with . The City should also confirm by independent appraisal the equity of the property transfers based on the appraised values of the two tracts at the time the transfers were approved . Article 1016 , requiring that any street abandonment and/or closing be done only at the request of abutting landowners , and Article 1019 , requiring a special election for any street sale or closing, probably will not apply to the proposed exchange . First of all , Article 1019 was amended in 1979 and no longer includes streets . Secondly, Article 1016 by its very terms applies to general law cities . There has been some question as to whether Article 1016 would apply to home-rule cities ; however , one early court case and the legislative history to ti Mayor and Councilmembers June 20, 1983 Page 3 1016 indicate that the better view would be that 1016 applies only to general law cities . See : Johnson v. Lancaster , 266 S .W. 565 (Tex . Civ. App. - Austin, 1924 no writ) ; Historical Note to Articles 1016-1020. Nevertheless , the City need recognize that these legal questions are not totally answered by existing case authority , and this opinion reflects what appears to be the law based on existing authority. Since the City apparently owns only the right-of-way , that is all it can convey ; therefore , any conveyance must be by a quitclaim deed as opposed to a warranty deed conveying only the City ' s interest in the right-of-way , whatever that interest may be , without any further representations or warranties . Likewise the recipient of such deed should be required to (1) execute a release in favor of the City signifying that execution of the quitclaim deed satisfies all claims against the City for the F.M. 518 property and (2) indemnify the City from satisfaction of or defense of any and all claims arising as a result of the execution of the quitclaim. If you have any additional questions , please do not hesitate to contact me . Yours very tr y , La ry W. Schenk LWS/rin November 30, 1982 Bobbie Henry Friendswood City Hall 109 Willowwick Friendswood, Texas 77546 Dear Bobbie: Ray asked me to drop you a note to tell you that he came by to see you Monday when you were in Galveston. He wanted you to know where you could write him if you need a quick reply to anything concerning the road: Ray Utley 16479 Dallas Parkway, Suite 710 Dallas, Texas 75248 Otherwise you can send any papers or information to: Ray Utley P. 0. Box 461 Friendswood, Texas 77546 You know how appreciative Ray is for everything you have done for him. He thinks you are the greatest. Sincerely, /4ttl Gail Utley LAND OWNER COMPENSATION WAIVER This is to advise that I understand that I could receive the fair market value for that portion of my property needed for construction of M.H. 351 . I prefer to donate the right-of-way parcel free of cost. I have received a copy of the State Department of Highways and Public Transportation's booklet entitled "The Purchase of Right-Of-Way" . 1,k,4kL,v4k Clinton R. Hacknelr, Jr. September 28, 1977 MEMORANDUM 44;:ee TO : John Olson cc : Mayor eepfr City Manager FROM : B. Henrydr DATE : July 7 , 1980 SUBJECT : Unfinished business - abandonment of Winding Way cut-off to Whispering Pines When the Highway Department opened Whispering Pines directly into FM 518 , the City decided to abandon the short portion of Winding Way from FM 518 to Whispering Pines . Clint Hackney (Ray Utley) had given the new Whispering Pines right-of-way with the understanding that the abandoned Winding Way right-of-way would be deeded to them to compensate for it. Some time later, in discussing this situation with you, we were told that we could not make this trade , that property owners on each side of the road would have to petition for abandonment and each would have to pay a fair market price and would receive a deed to one-half of the road. If Utley wanted the entire road, he would have to negotiate this with the other property owner who was evidently the New Life Assembly of God Church. Each of the parties were notified to request in writing that the road be abandoned and this was done. Next , we had field notes drawn up on the part of the roadway to be abandoned. It had been decided by then that the part right off of FM 518 would not be abandoned because the Hatcher' s needed access to their driveway via this road. Hatchers have called me several times about getting the rest of the road closed because it is in such poor condition , yet so many cars and trucks still take the cut-off. A barricade has been placed on the road several times but it gets pushed out of the way and cars continue to go through the short road. This has all been going on since 1978 , but always seemed to get pushed back on the back burner. Periodically during that time , however, one or the other of the adjoining property owners has called to see how we are progressing. Now comes a new development. The attached letter of June 20 states that the Assembly of God Church is now requesting that the City not close the street at all. What do we do now? Can we just forget the whole thing , start maintaining the street again , and go back to square one? Tell me. r FIELD NOTES ON A 60 FOOT WIDE RIGHT-OF-WAY, Out of Abstract 151, Galveston County, Texas, Previously called Friendswood Drive and Being Adjacent to a Triangle Parcel of Land Described in Book 3135, Page 530, Deed Records of Galveston County, Texas, and Being More Fully Described by Metes & Bounds as Follows: Commencing at the intersection of the northerly right-of-way line of Whispering Pines and the easterly line of old Friendswood Drive (now closed); THENCE N. 47° 22' 48" W. along the easterly line of old Friendswood Drive a distance of 286.76 feet to a 1/2 inch iron rod, said 1/2 inch iron rod being the most southerly corner of a tract of land owned by Harry Hatcher and said iron rod being the POINT OF BEGINNING; THENCE N. 42° 02' 07" W. across the old Friendswood Drive right-of-way, a dis- tance of 60.01 feet to a point; THENCE N. 47° 22' 48" E. along the westerly line of old Friendswood Drive a dis- tance of 132.32 feet to the intersection of the easterly right-of-way of F.M. 518 to a point; THENCE in a northerly direction along a curve on the easterly right-of-way of F.M. 518, said curve having a radius of 1004.93 feet a distance of 39.40 feet to a point; THENCE north 42° 37' 12" E. a distance of 46.98 feet to a 2 inch pipe, said pipe being the most northerly corner of a tract of land owned by Harry Hatcher; THENCE S. 47° 22' 48" E. along the easterly right-of-way of old Friendswood Drive a distance of 164.62 feet to the POINT OF BEGINNING, and containing 0.222 Acres of Land, more or less. Prepared and Certified By: COENCO, Inc. Consulting Engineers BY: )?' L -L-,_ a. r Malcolm A. Collins, Registered Professional Engineer and Public Surveyor Date: 2 September 1983 r RIGHT-OF-WAY DEED THE STATE OF TEXAS Know All Men By These Presents: COUNTY OF GALVESTON That the City of Friendswood, herein called Grantor, for and in consideration the sum of one dollar and other good and valuable considerations to such Grantor in hand paid by the Grantee hereinafter named which is hereby acknowledged, have hereby GRANTED, SOLD and CONVEYED unto Clinton R. Hackney, Jr. , Trustee a 100 foot rights-of-way over and across that certain tract or parcel of land out of part of Lot 1 and Lot 11 in Block 6, Friendswood Subdi- vision in the Sarah McKissick League, Abstract 151 situated in Galveston County, Texas. Said Friendswood Subdivision being shown by a plat recorded in Volume 254, Page 37, of the Deed Records of Galveston County, Texas, and also being out of and a part of a certain 10.938 acres tract of land described in a deed from Henry M. Schelling, et al , to Clinton R. Hackney, Jr. , Trustee, dated February 15, 1973, and recorded in Volume 2367, Page 346, of said Deed Records. Said 100 foot rights-of-way being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the Easterly rights-of- way line of F.M. Highway 518 and the Southwesterly rights-of-way line of Friendswood Drive; THENCE South 45° 13' 04" East, along said Southwesterly rights-of- way line, a distance of 405.50 feet to the Place of Beginning; THENCE continuing South 45° 13' 04" East, along said Southwesterly rights-of-way line a distance of 80.00 feet to a point for corner. Said corner also being a corner of said 10.938 acre tract of land; THENCE North 45° 00' East a distance of 30.00 feet to a point for corner. Said corner also being on the Northeasterly boundary of said Lot 11 and a corner of said 10.933 acre tract of land; THENCE South 45° 07' 14" East, along the Northeasterly boundary of said Lot 11 , a distance of 19.93 feet to a point for corner; THENCE South 44° 51 ' 51 " West, a distance of 31 .48 feet to the be- ginning of a curve to the right having a radius of 622.96 feet; THENCE in a Southwesterly direction, along said curve, a distance of 239.20 feet to the end of said curve; ' r r THENCE South 66° 51 ' 51 " West a distance of 26.47 feet to a point for corner; THENCE South 29° 16' 39" West a distance of 79.24 feet to a point for corner on said Easterly rights-of-way line of F.M. Highway 518; THENCE North 08° 18' 33" West, along said rights-of-way lines, a distance of 203.44 feet to a point for corner; THENCE South 60° 43' 21" East a distance of 61 .00 feet to a point for corner. Said point also being on a curve having a radius of 522.96 feet; THENCE in a Northeasterly direction, along said curve, a distance of 200.80 feet to the end of said curve; THENCE North 44° 51 ' 51" East a distance of 1 .37 feet to the Place of Beginning and containing 0.723 acres of land, more or less. IN TESTIMONY WHEREOF the City of Friendswood has caused these presents to be signed thisW1t day of Y ,� 1977. / (.7AA- C// Mayor City of Friendswood Before me , the undersigned authority personally appeared Ralph L. Lowe , 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 , and in the capacity as therein stated. Given under my hand and seal, this 29th day of September, 1977 . 4' e (4,L,t Notary Public in and f r Galveston County, Tex s • Lana Owner Corn rein Saf ion VI clivcr Thi.S ►,� +o advise f irlcd I unci rs1 c +R'f I cou lcl re cei ve he fr mor ke+ value for +h por+ on of my proprrc) eded ror nonsfrucfton _ M.H. 351 . �-- ov\le. vr "in vie w 0-c - hE - bene -'i*fs +hal- m i h+ b e c r i v e ctfhrouh +he roosPP hi k c consTrun ion) ( re�'er � y P non+e -E-h c r i h f ia parcc I crf c o c oa T I have re c o e d - o +h,e c . nepo,rkmeni i-1 i hwa s and Public Trans P or+a+ ion . k e ` fitec ' ["he RA rcho se Rt h+ o�' yea 9 y .SIc ictf urG 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 %i inch iron rod found for most southerly corner of a tract of lard 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 313' 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 By: Malcolm A. Collins F ni ctcred Professional Eng neer anrl P:.bl i c Surveyor Date: 19 December 1979 OntUFraim j ")(44 K.E.Y., REALTORS° G 3690 F.M. 528 Friendswood, Texas 77546 (713)482-2112 Jebic.ua 7, /983 S.tai e or Jexat County o f 9aLv eaton lllaiuj C. Dechew, ?eat A,tate BJw/eiz., being duly AwoAn, depoAe and aaga: that ahe waA A.ez/ueA,ted by the City o/ 3A.LendAwood to appvzai.A.e the nuuzhe value oC the Aubjeci pz.opent. decitibed 6y the attached .uvvec. Subject ptoputty No. /: D ,L WiApeizing %.cnea ?oad inteuect..ing, Highway 5/8 at the .i.nte/LAect.i.on by Naivuy PaLcheIL pnvpeAJ 403.00' of aaphaLt topping (unuaed fot thfozuch trca /Lc Pa A.cx to eighteen montAA) Said valve oC above deciz.ibed p.opeAty as of 3e6A.uai 7, /983 , 22,500.00 (Picopeiris involved allow! en a .ce to A.e.iLden.ce. oS {/aA)tg IratcheA..) Subject p'opet No. 2: New 60' A.oad inteAdiecting Highway 5/8 deficAibed Lathe mete& and bounder. decAipti.on attached. DeAig ated as the new WhiApeA..ing, l one diuv e int.eiu.ect ng. 3A,LendAwooa Derive wi c apA.on, aerji oned tcuin.Lane which hail inriLvnaed the as feiy CactoA. o f enter i-ng Highway 5/8 and a tuivc Lane on Highway 5/8 iarpA.ov.z-ng. the (low o! tAuffi.c onto WhiA.peiung Pine. DArve. Said value of above decni,b ed pto peAt a.. o f 3ebA.uwui 7, /983 .3'26,200.00 (See attached awcverg and mete and boundA. deAr.A.ipti-on). that by A.eajon of i veat.i_gati..on hhe hail Ammer! the opinion that the maizhet value o f the above dew utib ed p&opeAty ill as Mated above. fiaay DecheAd Each Office Is Independently Owned And Operated 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 lard owned by Harry Hatcher; • THENCE S. 47° 22 ' 48" E. alcng 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 Whisperi 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 3135 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 By: Collinsalcolm A. C F nistc.rd Profcss Thhal Eng neer _ nd P .bl i c Surveyor Date: 19 December 1979 . . , „11--sfeY Altrei24 / . . . . 7ZdJ.2, t,L 0CK 6 /o7 /1 ,S /°z5'08"YV S 63"695'08" W 26.9 T S 97'22'48'E _ 30. 5e' S 25`53'/9 y W eo.O/ ' b-c ? 6• 5, - , C: 7141� O' hH/,5PLfl/A1G 30.00'--� Lot Lind , . r- 5 Vl� W.OI�� 4_`..'/e9- � '-e - fir, 1 F'lNEJ OF! i S ,ee04 r s>s ,/ . /•37'/V 4i2 "08°E -4. -- = .w , o k _ ?42 . 00' -:-4;,,, / (51).' v 1 N 4/'e5'03"f '1, ,1 5 55°4e'z3"F_ , ' ,S ': 60. 34' -- 6',j-ej- ' la' la ‘ ir : r 0 LOT / Jeziy.r-1-71- 17 - i.'. ,,, - „k. 4P1?"1-.4 'r. .6 b , /w �, I- \\ / NiL 11 1 I . _ ._. . 1.{..4 1. Sff TCH S1101/v//V6 /i71 ASED PP,OP0.5ED /?/ HT OF WAY FOR MC EX Tf_%J.S/0N 0/ • WHISPER/N6 P/NE6 DRIVE //✓ Ti-if C/7 Y OF fRi 17VD.514/C0D, TEXAS • .5c pie / :/DO James L. Guerrero NEW LIFE Pastor Res. 713-338-2100 ASSEMBLY February 20, 1984 Friendswood City Council Friendswood City Hall 109 Willowick Friendswcod, Texas 77546 To the members of the Friendswood City Council: The friends and members of New Life Assembly of God are greatful to the City of Friendswood for their consideration of the church in the aband- onment, and conveyance of the right-of-way west of the church, to the membership of New Life Assembly. In order to consummate the pending transaction we feel it necessary to formally state our understanding of the agreement reached. Several months ago Mayor Lowe, Jan Jordan and representatives from the church met to discuss various proposals regarding the abandornent of the right- of-way. From this meeting we were made to understand the following; 1) The church would purchase the right-of-way from the city at an agreed upon figure. Which now stands at $8,322.53. 2) The city would remove the gravel that is currently on the road. 3) There would be a 20 foot easement down the center of the road, 10 foot would be given from the adjacent property owner (Ray Utley) and 10 foot would be given from New Life Assembly. 4) A new drainage ditch would be constructed down the center of the easement. 5) The old drainage ditch would be filled in. We trust there will he no further complications regarding this matter. Sincerly yours, CLA ,-4. -() Rev. James L. Guerrero, Chairman of the Board (1779 (O- -4—L_- eAr cl Orland Care lock, Representative of the Board of Trustees aooAtsaN3Il13o 4UJ) NEW LIFE ASSEMBLY OF GOD b861 12 8 3 3 104 1014/ PINES r IIDIMS AID =D �'4u4 :1 P.O..O BOX 1014/713-482-5433 A .L led.0 ,.�t._ „ FRIENDSWOOD,TEXAS 77546 H L -,G�{ It44 . . _ 00 Y RALPMa LOWS • `� swoo r JAMES C.MORCiAN f3a.;, �; '�, z y o en d ;�r•�m'` .+ 'v."+j-K. City Manager y r•..:::..,.,,,'�;,•\ y g..�..,„. •�4,',.1„ k: �h: Councilmen •J� ,! y.1=;?... 109 WILLOWICK—PHONE 182-3323 LEON BROWN • . 2........„, .� p JAN JORDAN `� FRIENDSWOOD, TEXAS 77546 EVELYN NEWMAN _ PAUL W.SCHRADER ROBERT WICKLANDER wi®i March 9 , 1984 BRUCE BRANHAM BOBBIE C. 1 deCity Secretary HENRY Mr. Ray Utley Sherwood Blount 8 Company, Realtors Two Bent Tree Tower 16479 Dallas Parkway, Suite 710 Dallas , Texas 75248 Dear Ray: Enclosed is a copy of a quitclaim deed to you for half the abandoned portion of Whispering Pines , executed on behalf of the City of Friendswood. Also enclosed are some papers which you should sign, have notarized, and return one copy to my attention at City Hall. These are : 1. Document conveying the 10 foot drainage easement to the City. 2 . Deed from you to the Church for their half of the roadway. (They have requested this to assure that you will not place a claim against this pro- perty sometime in the future. ) Upon receipt of these executed copies , we will set up a closing , after which we will mail you a check for $8 , 322 . 53. Hopefully we are on our way to finalizing this project. We appreciate your cooperation and your patience. Yours truly, Bo bie C. Henry Encl. A1eiii4e4 Qd — — Jinn 2tIe sVaue hie 4fud `7hic Maxie u a I4" Rev. PAUL O. CARROLL Pastor Friendswood City Council City Hall 109 Willowick Friendswood , Tx. 77546 November 1, 1982 Dear Councilmen; We understand there is some discussion about selling the street that runs alongside the church,. We are opposed to this for the following reasons: 1. This street provides the only run—off we have when it rains. 2. We would lose access to one side of the church. 3. It would cut down the parking available to us. We are also most concerned that whatever might be built on the adjoining property might not be congruent with the church. We would appreciate advance notice on any future council meetings regarding this property. Thank—you for your attention. Rev. Paul 0. Carroll Pastor / as . Welch "\_ _ and of Directors P. O. BOX ief • FRIENDSWOOD, TEXAS 77546 • PHONE (713) 482-5433 1 _ JVeuh/e 4d/lem/Vif Q./ "9a Aim PeJGue 74nce <71tal Maw 4 " Rev. PAUL O. CARROLL Pastor June 20, 1980 Mr. Jim Morgan, City Manager City Hall 109 Willowick Friendswood, Texas 77546 Dear Mr. Morgan: There has been some discussion about the closing of the street next to the church. New Life Assembly owns the parking lot of the church however, the church building is owned by Mr. John H. Moon. He constructed the building for the church under a lease purchase agreement. Mr. Moon has stated that he does not want the street closed as he desires his property to retain street frontage. Therefore, the official board of New Life Assembly voted on June 10, 1980 to request that the City of Friendswood not close the section of Friendswood Drive located next to the church. We appreciate your kind consideration in regard to this matter. Sincerely, Rev. Paul Carroll /:11:4-//- cc : Howard Hunt Secretary / Official Board P. O. BOX 237 • FRIENDSWOOD, TEXAS 77546 • PHONE (713) 482-5433 • , .( r; r.•••r,...,.• .m....... .......•. • ......,.._�._.r»- _ ..«c..-.-.....%a r. .......,r.r..... ..' . • i• • 6LoCK 6 LOT I/ S9Iz� ° 03 1v S 63°e5 06 W z6.47 S 97°Z2'48`E 7, 30, 3e"mofi ? i / Sz553 /9W lY 4/ zJ OBE 7 4V `�` ,92n, I�, --- -- --- .�.0�'�1--�� Lot Lim 2 L PINE5 DRIVE 800/ 11-57e36• e t --5-es /37'N4I'z5'08"E ---- -_k- iic� e 996 '6 4* _ �- • � Op 8 c�` tiEw L,rr ' New 5'08"E - • ' o). L� .( As54--4131.y arf,,,L. 555°4e'Z3"E �/ 63. 60. 34' — �J 'sa, O LOT / . 'Y , • MR, Montil. °\7 b , ' . } i} °C' \\* ,,, / . , - / (1) . , s/CE TCH 5H7o1/v/A/0 RL1///5Ew PP,DPDMD RICHT OF WA A-OR TNT ExTEA/ 5/()/V OF 1'✓1//SPER/NG P/N6,5 DR./✓E /N / C/7-Y OFfR/END5I'V D, TTxA5 sco/e /'"-/vo' 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 %, 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 Whisperir 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 3135 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 By•Malcolm A. Collins Registered Professonal Engineer and Public Surveyor Date: 19 December 1979 r General Offices: 1211 CAROLINE STREET HOUSTON, TEXAS 77002 H & H MUSIC 713 652-0857 BAND INSTRUMENTS • REPAIRS • GUITARS • SHEET MUSIC • RECORDS November 1, 1978 The Honorable Ralph L. Lowe Mayor of Friendswood Friendswood, Texas 77546 My Dear Mr. Mayor: In lieu of extending Whispering Pines across Block 6 into FM 518, I, C. R. Hackney, Jr. , Trustee, hereby petition the City of Friendswood to vacate and abandon that part of Whispering Pines contiguous to properties in A-151 Sarah McKissick parts Block one and eleven, Block six as outlined in red in exhibit "A" attached to and made a part thereof. Sincerely, /- -- C . R. Hackney, Jr. CRH,jr./mg Encls. ALMEDA MALL NORTHWEST MALL SOUTHWAY NORTH FREEWAY 454 ALMEDA MALL 454 NORTHWEST MALL 8058 GESSNER RD. 10846 N. FREEWAY HOUSTON, TEXAS 77034 HOUSTON, TEXAS 77018 HOUSTON, TEXAS 77036 HOUSTON, TEXAS 77037 941-0144 681-4841 774-2531 445-2289 ; t N S111D ', RALPH L. LOWE (� Q • • Mayor F eitY of en swoo {�Gt x JAMCES Man ORGAN d` er Councilmen ` 109 WILLOWICK-PHONE 182.3323 '/'r ` FRIENDSWOOD, TEXAS 77546 THOMAS F. LAY •� / PAUL E. MAAZ EDWARD O. ZEITLER > < August 9 , 1978 LOREN E. WOOD DALE WHITTENBURG ' rEXAs'., R.J. BLANKEN PILf BOBBIE C. HENRY City Secretary Dp JOINT LETTER Reverend Tom Heigle Mr. Ray Utley New Life Assembly of God Church 1501 Winding Way P. O. Box 237 Friendswood , Texas 77546 Friendswood, Texas 77546 Gentlemen : • In order for the City to abandon that portion of Whisper- ing Pines which is no longer in use , the City Attorney has advised us that the following procedure must be followed: 1. Owners of property adjacent to the roadway (New Life Assembly of God Church and Ray Utley) must petition the City to vacate and abandon the roadway. 2 . The City Council must then pass an ordinance to this effect. 3 . A determination of the fair market value of the property within the roadway must be arrived at and each property owner pays his pro-rata share of this market value to the City. 4 . The City then executes a deed conveying one-half of the roadway to each of the property owners . As soon as your petition is received, this matter will be presented to Council for further handling. Sincerely , CitySecretary BLIND TO UTLEY: Re #3 above, no additional compensation is due from you due to your donation of the new Whispering Pines ROW. FILE COP P:(t OF � COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION B. L. DEBERRY DEWITT C. GREER P.O. Box 34458 CHARLES E. SIMONS Houston, Texas 77034 September 29, 1977 IN REPLY REFER TO IPE 545 FILE NO. Metropolitan Highway In Friendswood on Whispering Pines Street From FM 518 to Blackhawk Galveston County Mr. Jim Morgan City Manager City of Friendswood Friendswood, Texas 77546 Dear Jim: Attached for your files and documentation of the process of right of way acquisition is a copy of two memoranda from our files s pertaining to the "Limited Meeting" held on Friday, December 10, 1976 with the property owner in accordance with the Action Plan to fulfill the requirements of the "Public Hearing Process" for this project. Receipt of the certification from Mayor Lowe and the waiver from the property owner should satisfy the right of way process and sequence as required by Federal regulations. Yours truly, 1/W- V. D. Schultz Supvg. Resident Engineer VDS:elr Attachments 136 . REPORT FROM THE CHARTER STUDY COMMITTEE - Bob Stewart presented copies of the report with an explanation of how the committee reached their conclusions , recognized members of the committee for the effort expended , and stated that the committee is ready to go through the proposed changes with Council at a meeting next week if Council so desires . MOTION : ( Lay) To accept the report for study , and thank the committee for their efforts . Second : Zeitler Vote : Unanimous FOR MOTION CARRIED g - 7 4 OFFER OF SMALL PARK IN SUNMEADOW - Mr. Morgan reported that lam. the Attorney says the property can be conveyed to the City with the residents doing the maintenance work , but the City will be liable for any damages or injuries related to such maintenance work. MOTION : - (Maaz) Not to accept the offer from Sun- meadow for the park property . Second : Zeitler Vote : Unanimous FOR MOTION CARRIED J3 9- 7 TRAFFIC CONTROL RECOMMENDATIONS - Mr. Morgan , under the new traffic controls procedure , advised Council that steps are being taken to prohibit parking in front of the building at the corner of FM 518 and Willowick , and if this can not be accomplished through cooperation by the owner, signs will be erected and no parking will be allowed which obstructs the view on this corner. p(0 _ 79 CLOSING OF OLD WHISPERING PINES - Mr. Morgan presented his proposal for closing the old section of Whispering Pines by placing a baracade in line with the Hatcher property to afford him access to his driveway. The balance of the abandoned road- way will be disposed of by (1) deeding one half to Clint Hackney in exchange for the new right-of-way which he donated to the City and ( 2 ) allowing the New Life Church to purchase the half of the roadway next to their property through the procedure of street abandonment . Council approved this proposal . J `// - 7 2 PARKING AREA AT CITY HALL - The Planning Commission says that the parking lot must be blacktopped to conform with city law. Mr. Morgan reported that this will be done after the base material has had sufficient time to set , and when budget funds will be available for the topping: S • CITY HEALTH OFFICER 1 i� _ 7 MOTION : (Wood) To confirm the Mayor ' s appointment of Dr. Richard Conway as City Health Officer for the next fiscal year. Second : Lay Vote : Unanimous FOR MOTION CARRIED 1 ,/3_ SIGN REGULATIONS - A number of comments were made on the copy as presented by the Council Committee , and several corrections were made to the copy prior to submitting to the City Attorney for his study as to legality and enforcability. MOTION : (Maaz) To refer the sign regulations to the City Attorney for review and comments back to Council , and discussion with Council prior to actually drawing up an ordinance . Second : Blanken Vote : Unanimous FOR MOTION CARRIED ..... . LLL.,-- LuvL (.-1-jii2uLlIcy "Full - Gospel Worship Center" THOMAS L. HIEGEL,Pastor ( ,../) Bobby Henry City Building Friendswood , TX 77546 Dear Bobby, Concering the abandonment of the portion of Whispering Pines which is no longer in use, please proceed with presentation to City Council. We would like to see the City to ab don that little area. Please advise us of any further action. Sincerely, am;.. Pastor 71...::7,..:. ,..„1,i,--2:-,,....._ '''''' > " r q tq .._ a .. 7 1 HOME OF NEW LIFE COI I REACH fMINI5, 1 BOX 237 • FRIENDSWOOD, TEXAS 77546 • TEL: (713)482 - LIFE `�NDS1l,/O RALPH L.LOWE �• ;� OO - Mayor ,• ,�r. =- , -� • (�-///C JAMES C.MORGAN Cityof rienc�s-wooc� CItV Manager Councilmen ,� s � BENNY R.BAKER , , C>;1 , 109 WILLOWICK - PHONE 482-3323 RICHARD L.HAKEN PAUL E.MAAZ ' �� q` FRIENDSWOOD, TEXAS 77546 / WILLIAM B.PATTON 1 THOMAS F.LAY EDWARO O.2EiTLER BOBBIE C.HENRY TEXAS City Secretary September 28, 1977 CERTIFICATION OF RIGHT-OF-WAY ACQUISITION I,, Ralph L. Lowe, certify that right-of-way for M.H. 351 has been acquired according to policies of the State Department of Highways and Public Transportation and in accordance with applica- ble federal and state laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is available for audit in our files. Ralph L. Lowe, Mayor MEMO TO FILE September 27, 1977 Call from Ray Utley today requesting wood from ROW clearing on Whispering Pines extension. Told Melvin to saw up in firewood lengths to deliver to him. /s/James C. Morgan City Manager MEMO TO FILE September 14, 1977 New Deed (correct field notes) delivered to Ray Utley for Hackney execution. Says should be ready in couple of days. /s/James C. Morgan City Manager MEMO TO FILE September 8, 1977 Received call today from Highway Department (Mr. Merck) stating that Deed for ROW (field notes) was erroneous and needs to be changed. Talked with Ray Utley and he said there would be no problem executing new deed. • /s/James C. Morgan City Manager • MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL July 19 , 1976 A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, July 19 , 1976 , at 7 : 30 p.m. with the following members present : Mayor Ralph Lowe Councilman William Patton Councilman Paul Maaz Councilman Tom Lay Councilman Richard Haken With a quorum present , and with Councilmen Zeitler and Baker absent , the following business was transacted: READING AND APPROVAL OF MINUTES - Minutes of July 12 approved as corrected. (Wording of Councilman Lay ' s motion re surface :water) ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR 1. Mayor Lowe has talked with Mr. Omar Poorman , Chief Engineer for the Texas Highway Department regarding realigning and paving Whispering Pines . Mr. Poorman informed him that the State will go out for bids on this project this fall. $60 ,000 has been allocated to the project . 2 . Brookside Village in Pearland has petitioned County Judge Ray Holbrook to cut Clear Creek deeper to give them better • drainage . Mayor Lowe stated that the problem is that entities above Friendswood are seeking to put more water into the Creek causing further flooding in Friendswood. The planned meeting . for this month has been postponed due to the absence of Harris County Commissioner Tom Bass . 3 . The Mayor , Councilman Lay and Councilman Patton met Saturday morning to discuss subsidence and surface water for Friendswood. EXTENSION OF AVONDALE - Mr. Morgan reported that he has been in contact with Mr. Offenberger who agrees to furnish all materials to bring this extension up to city specs to ten feet past the driveways of the two houses involved, with the city crew doing the work. Blacktopping has not yet been agreed to. CITY WATER TO BRAZORIA COUNTY - Mr. Dick Aarndt reported that the group has formed a Homeowners Association and has engaged an attorney to draw up official papers , all for the purpose of having a legal organization to contract with the city for water. Mr. Larry Frost , President of the Association ,was informed that if an agreement is reached the Association would be responsible for cost of the line from the City ' s present water line ; a master meter would be placed at the County line , and one billing sent to the Association. The Association would maintain all lines within Brazoria County. MOTION: To enter into negotiations to sell water to the people from Brazoria County as requested. Second : Maaz Vote : Unanimous FOR MOTION CARRIED Mr. Morgan gave figures on water production and consumption ,which indicated sufficient surplus water to supply this area ' for some time to come. JUN 16 1976 ADMINISTRATIVE CIRCULAR NO. 43-76 ��• %T. 12 M.,USTON To: ALL DISTRICT ENGINEERS, ENGINEER-MANAGER Date: June 10, 1976 AND DIVISION HEADS ."2T '.,'AN Subject: TITLE III - REVIE.: OF OTHER COVERNNENTAL Expires: See Below AGENCIES ' ACQUISITION PROCEDURES Reference: File: D-15 Gentlemen: . As outlined in Section 240.02 of the Right of Way Manual, Federal regulations require the Department to have documentation in its Districts ' right of way files that right of way procured by a political subdivision was acquired in accordance with Title III of the Uniform Act. This applies if Federal funds are involved in any part of project costs. Such documentation is required to support State project certification. In some instances it has been discovered through FHWA inspections that although a project was monitored, insufficient documentation was placed in the District files . Also participation in some projects has been questioned. It is recognized that the most critical aspect of right of way acquisition by local agencies .is overall compliance with applicable laws and regulations . Also, in addition to monitoring, it is realized that there are many other items requiring timely coordination between the Department and the local agency which must be tailored to agreed working relationships at the local level. In the area of monitoring, FHWA has advised us that they are primarily interested in files that constitute a written record of what activities were actually per- formed. Attached is a form designed as a check list to establish minimum items of in- formation to be used to support individual parcel review. You will note that the form closely parallels the Ffi'.A inspection review requirements which have been previously furnished to you by D-15. The attached form is for guide pur- - poses and you may modify or expand it to suit your particular operations , but the various items in the attached are to he included. There is no requirement that each parcel on a project be reviewed; however, to support project certification, parcel reviews should be conducted on a random basis . In addition, it is recommended all monitoring activity be reduced to writing and placed in the files. This could consist of letters, memorandums for personal contacts, records of telephone calls, trip reports, etc. This Administrative Circular expires upon incorporation of these procedures in the Right of Way Manual. Sincerely yours I L. DeBerry Attachment Engineer-Director DISTRIBUTION DISTRICT ENGINEERS ENGINEER-MANAGER ROW AND RESIDENT ENGINEERS TITLE III PARCEL REVIEW County Project _ Parcel No. Acquiring Agency 1. Was the real property appraised before the initiation of negotiations with the written appraisals in the agency's files? Yes No 2. Was the owner or his desiznated representative given the opportunity to accompany the appraiser during inspection of the property? Yes No 3. Was the offer supported by current market data? Yes No 4. Was prompt offer made to acquire real property for not less than the full amount of the approved appraisal of the fair market value? Yes No 5. Did the appraisal disregard any decrease or increase in value caused by the proposed facility? Yes No 6. Did the written offer include the following? A. Amount established as just compensation. Yes No D. Offer based on review and analysis of appraisal. Yes No C. General identification of real property to be acquired. Yes •No D. Statement as to damages included in offer. Yes No 7. Was the owner required to surrender possession before payment was made or proper award deposited in court? Yes No 8. Did any payment of rent .of occupancy exceed fair rental value of the property to a short-term occupier? Yes No Not Applicable 9. To the greatest extent practical, was the occupant(s) given 90 day written notice prior to a required move? Yes No 10. Was any coercive action taken to compel agreement on price paid for the property? Yes No 11. Were reasonable efforts made to expeditiously acquire the property by negotiation? 12. Was the owner given the State's brochure entitled "The Purchase of Right of Way"? Yes No • 13. If the property was donated, was the owner advised of his rights to a fair market offer? Yes. No 14. If there were buildings, structures or other improvements owned by a lessee located on the-.property, were separate offers made to the owner and the lessee? Yes No }• Was property acquired without regard to race, color, sex or national origin? Yes • No TITLE III PARCEL REVIEW 16. Based on review, is the acquiring agency following appropriate guidelines? Yes No • Remarks: Reviewed by Date • • • 11 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL June 6, 1977 A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, June 6, 1977, at 7:30 p.m. with the following members present: Mayor Ralph Lowe Councilman Clyde Raney Councilman Tom Lay Councilman R. J . Blanken Councilman Richard Haken With a quorum present, and with Councilmen Maaz and Zeitler absent, the following business was transacted: READING AND APPROVAL OF MINUTES - Minutes of a Special Meeting of May 8 approved as read; Minutes of a Regular Meeting of May 16 0 approved as corrected. ,v ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR CD 1 . The Mayor and Mr. Morgan appeared before the TWQB this week relative to increased sewer permits for Plants #1 and #2. Both permits were approved. They were also advised that funding for Blackhawk Plant appears favorable at this time. Mr. Romeike has made a complaint to the TWQB regarding the noise from the blower at SP #2 which the City is now investigating. 2. Proclamation: Mayor Lowe read a proclamation setting out the week of June 6 as "Diabetics Camp Week" and calling attention to this camp funded by the Lions Clubs of Texas. PETITIONS & COMMUNICATIONS oie, 1 . Mr. Jeff Payson asked that the City make some effort to control the keeping of bees near residences, stating that bees are interfering with the use of their swimming pool . Mr. Morgan was instructed to contact the owner of the bees to see if the hives can be moved to another location. Mr. Payson was told that he might file a complaint under the "Nuisance" ordinance. Mr. Olson said an ordinance could be adopted which would set a distance from residences where bee hives could be located. • 2. Mrs. Leah North, speaking as a member of the Planning Commission, defended certain Council remarks regarding delays by the P&ZC in approving subdivision plats. 3. Mr. Pete Luan of 805 Quaker Drive requested permission to encroach on a drainage easement behind his house with one corner of a swimming pool which he proposes to build. The situation is to be investigated by the City Engineer. 4. Dr. Sky Hoff, Chairman of the Parks & Recreation Board, made a formal request that $300 from the Parks budget be earmarked for music for the Community Band. MOTION: (Lay) To accept the recommendation of the Parks Committee and allocate $300 for the Community Band. Second: Haken Vote: Unanimous FOR MOTION CARRIED 5. Mr. John Browning, Vice President of the Friendswood Jaycees , made a report on events as planned for the 4th of July. They • propose to purchase approximately $1100 worth of fireworks for r the event if funds are available from the City. . .12 '� � 977 6. Mr. C. J. Holgrave of the Subsidence Board urged Council to proceed with plans for acquiring surface water at the earliest possible date, stating that there had been some misunderstanding that there was no urgency on the matter. 7. Mr. Ed Sherrill presented a bronze plaque from the Community Men's Prayer Breakfast Committee to be hung in the City Hall . BUSINESS ITEMS Street Bond Program - Engineer Malcolm Collins , at request of the • Council , presented additional figures to be considered on the bond issue for paving of that portion of Whispering Pines not included in the Highway Department project. This would add approximately $81 ,961 .00 to the original estimate of $1 ,229,087 for a total bond issue of $1 ,350,000. MOTION: (Blanken) To proceed with calling a bond issue in the amount of $1 ,350,000 for the purpose of paving streets as outlined by the engineer. Second: Haken Vote; Unanimous FOR MOTION CARRIED Eriendswood West Subdivision - Mr. Vern Brewer of the Spring Creek Land & Cattle Company, introduced Lloyd and Knipe of Turner, Collie & Braden, Philbin, attorney, Williams of Williams-Crawford Planners , Fenter of Underwood-Neuhas , and Verkin of the Mel Powers Interests , and together they again presented proposals from the developers of the proposed subdivision for a water district or deannexation. Council generally felt that the City would be able to furnish water and sewer services so that the land could be developed as other subdivisions in the City. It was requested that the developer work up cost and feasibility figures toward this end. The subject will be again considered at workshop next week. Oiling of Streets - Mr. Morgan proposed three methods of accomplish- ing this work and cost for doing Lundy Lane, Moore Road , Mandale, and Windsong. Council asked that Leisure Lane be included. Method A was for crankcase oil applied by contract; B was emulsified asphalt applied by City labor; and C was emulsified asphalt applied by contractor. MOTION: (Raney) To adopt Plan C as presented by the City Manager, with the Manager using his discretion in possibly using Plan B. Second: Haken Vote: Unanimous FOR • MOTION CARRIED Greenbriar Section IV - Acceptance of facilities, MOTION: (Lay) To accept recommendation of the City Manager and approve Greenbriar IV with the following conditions: that the fire hydrants be lowered, that street signs be installed, and the water lines be disinfected. Second: Raney Vote: Unanimous FOR MOTION CARRIED Dunbar II - Acceptance of facilities - Some members of the Council wanted to see test results on the facilities before approving. Water Storage Reservior - Mayor Lowe read a letter from the Galveston County Health Department giving an opinion on storage of surface water and offering their services for specific lab tests. (Mayor Lowe left the meeting and Councilman Haken took over the chair) Acting City Manager - For the present time, Mr. Morgan said that he would like to rotate this job among the qualified department heads, and requested that the City Secretary be designated as Acting ',City Manager for the month of June. EXHIBIT "A" BEGINNING at the intersection of the Easterly line of FM 518 and the South- westerly line of Friendswood Drive; THENCE South 47°22'48" East along the Westerly line of Friendswood Drive, a distance of 403.00 feet to a point on the Northerly line of Whispering Pines Drive; THENCE South 41°25'08" West, along the Northerly line of Whispering Pines Drive, a distance of 2.42 feet; THENCE along the Northerly line of said Whispering Pines Drive along a curve to the right whose radius is 522.91 feet, a distance of 200.80 feet to a point for corner; THENCE North 55°42'23" West, a distance of 60.34 feet to a point on the Easterly line of FM 518; THENCE along the Easterly line of FM 518 to the PLACE OF BEGINNING. Signed for identification o ' /A/ 1— 1/` �J. J. . . w L E. BooK3135 ok-r 530 w RESOLUTION 7 -/L WHEREAS, by Minute Order No. 71560, passed on August 2, 1976, the Texas State Department of Highways and Public Transportation tendered to the City of Friendswood, Texas, a proposal to assist said City in the construction on Whispering Pines Street from Farm to Market Road 518, Northeast a distance of approximately 0. 2 mile; and WHEREAS, the City Council of the City of Friendswood now desires to formally express its acceptance of the provisions, terms, and conditions of such Minute Order; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the provisions, terms, and conditions of State Department of Highways and Public Transportation Minute Order No. 71560, passed on August 2, 1976, a copy of which is attached hereto and made a part hereof, be, and they are hereby, accepted by the City of Friendswood, Texas. Section 2. That the City Secretary be, and she is hereby, directed to send two certified copies of this resolution to the District Engineer, District 12, State Department of Highways and Public Transportation. PASSED AND APPROVED this 18th day of October, 1976. "site" Asd f 4 ., ; Mayor •. r r � < e (2_,.., '-- City Secretary • 11 N.() REc . IVFB AuG City ofCitz Fry 1976 tv COMMISSION STATE DEPARTMENT OF HIGHWA t z, E I ER-DIRECTOR AND PUBLIC TRANSPORTATION DEBERRY REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER 9� '` \ CHARLES E. SIMONS P. O. Box 1386 51 Houston, Texas 77001 August 4, 1976 IN REPLY REFER TO FILE NO Minute Order No. 71560 City of Friendswood Galveston County Hon. Ralph Lowe, Mayor City of Friendswood 109 Willowick Avenue Friendswood, Texas 77546 Dear Mayor Lowe: Attached is a copy of the subject Minute Order regarding construction on Whispering Pine Street from F. M. 518, northeast approximately 0.2 mile. We will appreciate receiving from you within the 90-day time limit duplicate certified copies of resolution stating acceptance of the Minute Order by the City. Following this, the limits of this proposed project will be designated as a Metropolitan Highway. Very truly yours, /671 Omer F. Poorman 1.6.S. District Engineer District No. 12 Attachment cc: Mr. V. D. Schultz kaO niw a vnra.av apnsvas Now s es_aays• GALVESTON _-- County MINUTE ORDER Page 2 f2 Pages District No.---12 -------._._ _------_-- Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highways and Public Transportation will: 1. Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and determined to be eligible under the Relocation Assistance Program at an estimated cost of $1,000. 3. Provide for construction of Grading, Structures and Surfacing at an estimated cost of $61,000 as authorised in the 1975-1976 Urban System Program. Upon acceptance of the provisions of this Order.by the appropriate officials of the City of Friendswood, IT IS ORDERED that Whispering -Pines Street extending from Farm to Market Road 518, Northeast to Deepvood Street, a distance of approximately 0.4 mile, be and is hereby designated as a METROPOLITAN HIGHWAY and the Engineer-Director is directed to proceed with the Relocation Assistance Program, to enter into any necessary agreements with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasi- ble and economical manner. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to in- clude its portion of the work in the State's construction contract, the Engineer- Director is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City-of Friendswood and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Examined and recommended by: (Title) Approved Program Engineer 1,4sist.i.at ELr,acrr :sty 6r siusst-Ditcaor Approved: Commissioner Minute Number ___-_. 71560 Commissioner Date Passed AUG 2 76 _Commissioner Foam 33�A �� STATE rEPARniENT OF y7c17 A 1976 AND ?ULL6C TRfNS'O .TA ON L MINUTE ORDER °1st 12 R.lUs1QN GALVESTON �_ _.�._...County Page 1 of 2 Pages District No. _.._1Z,,� WHEREAS, in GALVESTON COUNTY, the City of Friendswood has requested assistance in construction on Whispering Pines Street from Farm to Market Road 518, Northeast a distance of approximately 0.2 mile; and WHEREAS, Whispering Pines Street is included in the Urban System; and WHEREAS, it is the desire of the State Department of Highways and Public Transpor- Lation to assist the City of Friendswood in such work; NOW, THEREFORE, the Engineer-Director is directed to.tender the following proposal to the City of Friendswood: Provided the City will: 1. Furnish all required right of way clear of obstructions with acquisition proce- dures to be in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. • 2. Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. J. Maintain all of the work constructed as part of the project and agree to regu- late traffic and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. • 6 6 • MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL October 18 , 1976 A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, October 18 , 1976 , at 7 : 30 p.m. with the following members present: Mayor Ralph L. Lowe Councilman Paul Maaz Councilman William Patton Councilman Tom Lay Councilman Richard Haken Councilman Edward Zeitler Councilman Benny Baker With all members present , and with the City Secretary absent, the following ,business was transacted: -� READING AND APPROVAL OF MINUTES - Minutes of a Regular Meeting ��- of October 4 , approved as read. Minutes of Special Meeting of October 11 , approved as corrected. . CANDIDATE FOR STATE REPRESENTATIVE, Edward Stuart , spoke to Council on behalf of his candidacy and asked for Friendswood's support . BUSINESS ITEMS Resolution #76-12 adopting Minute Order E71560 , State Highway / 7 7-7 e°I Department , a proposal to assist the City in construction on Whispering Pines from FM 518 northeast a distance of 0 . 2 mile. MOTION: (Haken) To adopt Resolution #76-12 . Second : Zeitler Vote : Unanimous FOR MOTION CARRIED Extension of Quaker Drive relative to P & Z approval of Harris II 17Y_ 74' Subdivision - (Copy of Mr. Morgan ' s memo to Council attached as a part of these minutes ) Discussion pointed out that access to this area is via a deeded undeveloped, undedicated , unaccepted extension of Castlewood; that the property now being used as a street , the "extension of Quaker Drive ," is owned by the City but has not been dedicated as a street ; that the area can not be furnished with city services , i.e . fire protection , garbage service ; and that under present conditions ''the property can not be developed and no building permits can be issued for the area. . ANNEXATION - It was generally agreed to enter into an industrial /7 9- 7 6 district contract with Exxon on Parcel #1 , Exxon being responsible for participating by the various property owners . The contract would be for a four-year period, and would stipulate that if all property owners do not become part of the agreement , then the city retains the right to annex a 500 ' strip along FM 2351 , includ- . ing the roadway , to Beamer Road, and a 500 ' strip , exclusive of the roadway, along Beamer Road to Choate Road. In Parcel #2 , a seven-year industrial agreement was discussed which would exclude a 500 ' strip along FM 528 , which 500 ' strip would be annexed to the City this year. Also , if, within the seven years plans are made for development of this industrial area the City will have the right to void the industrial agreement or to re-negotiate same . These were discussion items and no formal action was taken on either parcel. Action was taken on all posted annexation ordinances as follows : 401/0, �' 1L V fin/ September 23, 1076 MEMORANDUM TO: Mr. V . ;0. Schultz FROM: Lawrence C, ,ltlone, Jr. SUBJECT: Metropolitan Highway: In Friendswooi on Whispering Pines Street From FY 818 to Blackh .wk 0a1v06ton County lPP 845 Attached hereto is a copy of a :letter from FHWA concurring tua.t this project ie non-major action. Also, attached is a copy of the letter from D-8E which submitted FHWA letter of concurrence and discusses the public hearing process required for this project . In lieu of holding en informal public meeting and offering an opportunity for a public hearing, D-I1E ham concurred that a "limited meet:ire" in accordance with the Action Plan would s:titiafy the public hearing proveFe for this project . Therefore, you are requested to hold this 'limited meeting" as soon as is reasonably possible and submit a summary of this meeting to this office so that we may proceed with the further development of this project . HHB: fm Attachment fitit d�, ,e 1 ., !M! '71MII, • ., • ( -' ���riN-mow^�+� i December 15, 197E i - /) DEC 1 7 1976 MEMORANDUM TO: Mr. Omer F. Poorman FROM: V. D. Schultz SUBJECT: "Limited Meeting" Metropolitan Highway: In Friendswood on Whispering Pines Street From FM 518 to Blacbhawk Galveston County IPE 545 A meeting was held at 3:00 P.M. on Friday, December 10, 1976 in the City Manager's office at Friendswood. The following people attended: Mr. Jim Morgan - City Manager for the City of Friendswood Mr. Ray Utley - Agent for Mr. Clint Hackney, who owns the property that will be acquired for the project. Mr. W. W. Bain Genoa Residency - Department of Highways and Public Transportation A preliminary layout of the project was shown to Mr. Utley and Mr. Morgan and it was pointed out that the main reason for constructing the project was to eliminate the hazardous intersection of Whispering Pines Street with FM 518. The present plans are for a four-lane undivided section with . open ditch drainage. IIrr wdh Mr. Utley asked why the road was not being constructed wl-tti curbs, gutters and storm sewers. lie said that curb and gutter construction would fit in with his plans for future development of the adjoining property. However, Mr. Utley stated that he did not want to jeopardize the property by insisting that a curb and gutter type roadway be constructed. I asked Mr. Morgan if the City plans to close the existing section of Whispering Pines to eliminate the hazardous intersection. He stated that eventually it probably would be closed but asked that a connection be made similar to a private driveway, 6 Mr. Utley asked why we need 100 feet of right of way for a 48-foot wide pavement. He was informed that it is needed for ditches, slopes and shoulders. The flares in right of way at the junction north FM 518 are needed for ditches and sight distance as well as give room to channelize traffic. Mr. Morgan stated that the City would move the utilities off the section of right of way to be used in this project and take care of any fencing required. Mr. Utley stated that there had been an old house on the proposed right of way but it has been closed off because the City taxes were too high. Mr. Utley asked what the plans are for Whispering Pines from this project toward IH 45. Mr. Morgan stated that the City plans to eventually improve Whispering Pines to Clear Creek. Mr. Utley asked if there would be any surplus dirt from the project. He stated that he would like to have any surplus spread in a low place on his adjoining property. He was told that we would not know until con- struction plans were completed but that he would be advised later. Mr. Utley asked if he could have access driveways on the project. He was told that the State had no objections but that the driveway permits would be issued by the City of Friendswood. Mr. Morgan said that the City would not object to a reasonable number of driveways. The meeting adjourned at 4: 15 P.M. rryy4eX ti WWB:el,: �? - a - _ - MEMO TO FILE May 8, 1976 Ray Utley brought by the ROW deed for Whispering Pines ex- tension to FM 518. /s/James C. Morgan City Manager COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR AND PUBLIC TRANSPORTATION B L. DEBERRY REAGAN HOUSTON. CHAIRMAN DEWITT C. GREER P. O. Box 6 CHARLES E. SIMONS La Marque, Texas 77568 April 8, 1976 11` � RFc 4.E0 IN REPLY REFER TO FILE NO APR 9 1976 ' A City of Friendswood IPE 545 In Friendswood on Whispering Pines St. , ••••••.......... From FM 518, Northeast ' Galveston County - Hon. Ralph L. Lowe Mayor, City of Friendswood 109 Willowick Avenue Friendswood, Texas 77546 Attention: Mr. Jim Morgan Dear Sir: We are transmitting for your use in right of way acquisition, a copy of a sketch with the field note description covering the right of way necessary to make a connection from Whispering Pines Street to FM 518 in Friendswood. If further information is desired, please advise. Yours very truly, Cy Hardy S.4(1 rell Supv. Resident Engineer JRP: fc Encl. cc: Mr. Omer F. Poorman FIELD NOTES FOR RIGHT OF WAY FOR THE EXTENSION OF WHISPERING PINES DRIVE IN FRIENDSWOOD, TEXAS 0. 723 acres of land, more or less, out of and a part of Lot 1 and Lot 11, Block 6, Friendswood Subdivision in the Sarah McKissick League, Abstract 151, in Galveston County, Texas. Said Friendswood Subdivision being shown by a plat recorded in Volume 254, Page 37, of the Deed Records of Galveston County, Texas. Said 0. 723 acres of land also being out of and a part of a certain 10. 938 acre tract of land described in a deed from Henry M. Schelling, et al, to Clinton R. Hackney, Jr. , Trustee, dated February 15, 1973, and recorded in Volume 2367, Page 346, of said Deed Records. Said 0. 723 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the point of intersection of the easterly right of way line of F. M. Highway 518 and the southwesterly right of way line of Friendswood Drive; THENCE South 45° 13' 04" East, along said southwesterly right of way line, a distance of 405. 50 feet to the Place of Beginning; THENCE continuing South 45° 13' 04" East, along said southwesterly right of way line a distance of 80. 00 feet to a point for corner. Said corner also being a corner of said 10. 938 acre tract of land; THENCE North 45° 00' East a distance of 30. 00 feet to a point for corner. Said corner also being on the northeasterly boundary of said Lot 11 and a corner of said 10. 938 acre tract of land; THENCE South 45° 07' 14" East, along the northeasterly boundary of said. Lot 11, a distance of 19. 93 feet to a point for corner; THENCE South 44° 51' 51" West, a distance of 31. 48 feet to the beginning of a curve to the right having a radius of 622. 96 feet; THENCE in a southwesterly direction, along said curve, a distance of 239. 20 feet to the end of said curve; THENCE South 66° 51' 51" West a distance of 26. 47 feet to a point for corner; THENCE South 29° 16' 39" West a distance of 79.24 feet to a point for corner on said easterly right of way line of F. M. Highway 518; THENCE North 08° 18' 33" West, along said right of way line, a distance of 203. 44 feet to a point for corner; THENCE South 60° 43' 21" East a distance of 61. 00 feet to a point for corner. Said point also being on a curve having a radius of 522. 96 feet; THENCE in a northeasterly direction, along said curve, a distance of 200.80 feet to the end of said curve; THENCE North 44° 51' 51" East a distance of 1. 37 feet to the Place of Beginning and containing 0. 723 acres of land, more or less. ..'r. s . ._ 1 a L 0 4 K G LOT 11 /-- S 44°S/61 w o „ r:45607"14' / 31.4 S66 5/ 5/ W 26.47 i9•93 r� Q29°16 '39%4/ < R.G2 , IV 45'p0' '9 4; 79. Q 30.4pr- �39'C'O Lof L;n / '� 1/VNIS PER ING P/A/E5 - - 38-- ..► ID I V 8.3.OO' A=574 36• `f �.o/, h� . I.44' S44`S/;5v"w ,.; `220• 6� , s2 s. .2, • o: V L ; --e a„ • O 6ss--• a s; iv ._ki 44 I..b7 E8o 0 iI I• 3r 2 5 60°43 21 2 r. r /' 0 L41 ( c �' t l!Nk ‘1) <7.,\ / i it j q7 j \:" / 0 ,ct t- / 0n 0 / f �i 1- r, 0 :14 CI It j' 2 co ,J . ry // / SKETCH SHOWING PROPOSED RIGHT OF WAY FOR THE EXTENSION OF WHISPERING PINES DRIVE IN THE CITT OF FRIENDSWJOD, TEXAS Scale: 1""100' ,.___ INTEROFFICE MEMORANDUM M&C-41 TO: Honorable Mayor and Members of the City Council FROM: City Manager DATE: July 16, 1975 SUBJECT: Realignment of Whispering Pine Gentlemen: I met with Messrs. Jarrell and Butler of the Texas Highway Department in La Marque on Tuesday, July 15, 1975. The purpose of the meeting was to discuss our proposal for obtaining federal aid for the realignment of Whispering Pine as we discussed earlier. I showed them the proposed drawing which had been made by Bob Atkinson for the Planning Commission, and after some discussion it was determined that if that proposal were to be used it would require the holding of a public hearing for environmental impact; possible relocation assistance for the unoccupied house that is located on the land; and the negotiation with several owners of tracts of land which would be affected by the proposed alignment. It was suggested by the highway department representatives that the present alignment of Whispering Pine be extended in an almost straight manner to its junction with FM518. In this manner we would need to negotiate with only one property owner for a 100 foot wide right-of-way. The present 60 foot wide right- of-way for the remainder of Whispering Pine to the Clear Creek bridge would be adequate to contain a four lane street section if we wanted to accomplish that at some point in the future. As proposed by the highway department, this would be a non-major item and therefore would not necessitate the holding of a environmental impact hearing and would not require any relocation assistance. The City's only responsibility in this particular proposal would be the acquisition of the 100 feet of right-of-way from the 90 degree turn at Whispering Pine to FM518 and the relocation of any utilities at those intersections. It is my recommendation that we notify Mr. Jarrell in writing that we pro- pose to extend Whispering Pine straight from the 90 degree turn to FM518; that we will provide 100 feet right-of-way between those points; that we will consider constructing the 4 lane curb and gutter section'from that point to the Clear Creek bridge at some point in the future if traffic demands it; and that we will provide any utility relocation necessary to accomplish same. Respectfully submitted, James C. Morgan City Manager JCM:mw MEMO TO FILE October 14, 1975 Talked with Ray Utley today regarding ROW for Whispering Pine extension to FM 518. He said he felt Mr. Hackney would give the ROW if City would fence the property upon completion. I told him the City would do that. /s/James C. Morgan City Manager ti = - EWs :. � MEDIA INFORMATION TEXAS HIGHWAY DEPARTMENT 9.Q. .QQ. . • • • • •• •,•• 6/12/75 No. 12 Q • • • '•4•/• RELEASE NO. DATEDISTRICT ill � CONTACT H. S . Jarrell TELEPHONE 986-5571 La Marque 482-2271 Houston Dale D. Marvel 869-4571 Houston PRESS RELEASE A project in Friendswood is included in the 1975-76 Urban Systems program approved recently by the Texas Highway Commission . Or'er F. Poorman, District Engineer, Houston , said all of the projects are aimed at improving transportation in the urban areas . The projects were selected by appropriate local officials with the concurrence of the Texas Highway Department . The proposed work in Friendswood consists of realignment and reconstruction of Whispering Pines Street from F.M. 518 to Northeast for a distance of 0.2 mile . The $62 , 000. 00 provided by the State will realign a portion of road between F.M. 518 and 250 feet north and rework approximately 550 feet of the existing roadway. The proposed roadway section will be a 24-foot wide asphaltic surface placed over a lime stabilized base. Statewide , the urban system program will include work on 272 miles of street and highway improvements , plus federal assistance • for hike and bike trail development and bus purchases in Houston. In all , the program contains 310 jobs in 128 urban areas . -30- YY ' �l� COMMISSION STATE HIGHWAY ENGINEER REAGAN HOUSTON, CHAIRMAN TEXAS HIGHWAY DEPARTMENT B. L. DEBERRY DEWITT C. GREER CHARLES E. SIMONS P. O. Box 1386 Houston, Texas 77001 May 23, 1975 IN REPLY REFER TO FILE NO. Urban System Projects City of Friendswood 10 M. H. Highway, F. M. 518 at Whispering Pine Street p, Galveston Countyh A111401‘ RECEIVED City of lend1975 ~ Hon. Ralph Lowe CtTy! SECRETARY Mayor, City of Friendswood .� 109 Willowick Avenue 0 Friendswood, Texas 77546 44110 Dear Sir: The Texas Highway Department is proceeding to program the subject project in preparation for its ultimate development under provisions of Urban System projects which provide that the cities and counties must handle their portion of the required work in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. In the interest of protecting your eligibility for financing of projects on the Urban System, we bring to your attention the necessity for complying with the provisions of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 in your acquisition of the needed right of way. Although we have attached Titles II and III of the Act for your reference and guidance, we do want to take this opportunity to enumerate on several provisions of the Act that will be the most difficult for the State to administer and request your assistance in working out an equitable solution for the following: On all projects becoming a part of the Highway System, it is the States responsibility to offer relocation assistance to all displaced persons whether they be a home owner or tenant that are required to move as Urban System Projects Hon. Ralph Lowe May 23, 1975 Page 2 a result of a highway project. This offer also applies to owners of vacant property. To fully comply with the Relocation Assistance Act, we are directed to offer our assistance simultaneously with the acquiring agency's fair market value offer when home owners and/or tenants are involved. Realizing that this would be an impossible task, we have adopted the procedure of notifying a displacee immediately upon receiving notification from the acquiring agency that an offer to acquire has been made to the owner. General guidelines issued by the Federal Highway Administration require that the relocation offer be made within seven days after an offer of fair market value has been made for the real estate. In order for the State to be in a position to coordinate our offer within this prescribed period of time, it will be mandatory that we receive a carbon copy of your offer letter to the owners within at least two days after your offer has been made. This will enable us to efficiently administer our relocation assistance program. Also, we point out that our relocation benefits are computed based on the fair market value established and offered by the acquiring agency. To be able to compute our relocation offer and then be in a position to offer it to the eligible displacee within the time period as outlined above, it will be necessary that you furnish this office the amount of the consideration to be offered the owner for the property to be acquired. Based on past experience, we estimate approximately 30 days will be required by this office to prepare and obtain approval of these supplements. It is suggested that this can be accomplished by writing a confidential letter addressed to me setting forth the consideration for land and improvements separately. We will subsequently advise you when we have obtained the necessary approval of our computed relocation benefits so that you might proceed with your offers in your usual manner. It will be necessary that the property owner or his representative be afforded an opportunity to accompany the appraiser during his inspection of the property. In the case of out of town or unknown owners, you must make diligent attempts to locate the owner or his representative. If unsuccessful, the ap- praiser should proceed, but your records must be documented to show the dates of the contacts made in attempting to arrange an appointment with the owner or his representative. The property owner must be furnished a written offer which includes an identification of the property and the interest to be acquired. Also, your written offer letter must contain a statement explaining that the offer is based on the acquiring agency's review and analysis of an appraisal (s) of such property made by a qualified appraiser (s) . Attached for your use is a sample offer letter that may be of assistance to you in revising your present offer letter. The Federal Highway Administration has ruled that on all partial takings, the landowners shall be furnished the amount of compensation allocable to the value of the part taken, and the amount allocable to damages to the remainder. The Urban System Projects Hon. Ralph Lowe May 23, 1975 Page 3 following example sentence can be added to your normal offer letter. "The total offer of $ represents $ as value for the property to be purchased and $ as payment for damages to your remaining property." Where donated right of way is involved the property owner must be ap- prised of his right to receive just compensation for the acquisition of his property, although it is no longer necessary for the acquiring agency to appraise the property to be donated and/or advise the owner of the amount of the appraisal. When accepting a donation, it is emphasized that the acquiring agency's files must be fully documented to support that they have followed Section 145 of the 1974 Act. A letter from the property owner acknowledging and waiving his right to receive just compensation is considered to be adequate support for the acquiring agency. After the purchase of improved property and to the maximum extent practicable, no one will be required to vacate the property being acquired in less than 90 days from the date that such property is purchased. However, the 90-day notification letter is the State's responsibility under the Relocation Program. Therefore, it is encumbent on the acquiring agency to advise the State in writing as soon as practical of the date the property owner was paid or the date money was deposited into the Registry of the Court. It is assumed that you will extinguish any property interest held by a utility company within the right of way limits of this project. We do want to stress the importance for the acquiring agency to have complete documentation in their files that would show the agency had acquired the needed right of way in accordance with the guidelines of Title III. Also, this documentation will support the following certification of compliance that is to be furnished to the Highway Department and signed by the appropriate City or County official. . . . . certify that right of way for has been acquired according to policies of the Texas Highway Department and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Documentation for compliance with these requirements is avail- able for audit in our files." Urban System Projects Hon. Ralph Lowe May 23, 1975 Page 4 It is again emphasized that failure on your part to comply with any particular area could result in a loss of Federal finances and possibly postpone indefinitely the construction of a project under the Urban System. Your cooperation in accordance with the terms of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and to the extent of our request herein will allow the State to carry out our respective responsibilities and continue with the ultimate construction of the facility. Should you have any questions on this matter, feel free to call and we will have someone from this office discuss any problem area or meet with you if this would be beneficial in any way. Yours very truly a2464:9: Off' Omer F. Poorman District Engineer District No. 12 JHC/ery Attachment i\Lgut. or way manual BUILDINGS, STRUCTURES, AND IMPROVEhLriS Sec. 302. (a) Notwithstanding any tither provision of law, if the head of a Federal agency acquires any interest in real property in any State, he shall ac- quire at least an equal interest in all buildings, structures, or other improve- ments located upon the real property so acquired and which he requires to be re- moved from such real property or which he determines will be adversely affected by the use to which such real property will be put. (b) (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (a) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and re- lease to the United States all his right, title, and interest in and to such improve- ments. Nothing in this subsection shall be construed to deprive the tenant of any rights to reject payment under this subsection and to obtain payment for such property interests in accordance with applicable law, other than this subsection. EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO UNITED STATES Sec. 303. The head of a Federal agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency deems fair and reasonable, for expenses he necessarily incurred for-- (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the United States; (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the United States, or the effective date of possession of such real property by the United States, whichever is the earlier. LITIGATION EXPENSES Sec. 304. (a) The Federal court having jurisdiction of a proceeding instituted by a Federal agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if-- (1) the final judgment is that the Federal agency cannot acquire the real property by condemnation; or (2) the proceeding is abandoned by the United States. (b) Any award made pursuant to subsection (a) of this section shall be paid by the head of the Federal agency for whose benefit the condemnation proceedings was instituted. (c) The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a) (2) or 1491 of title 28, United States Code, awarding compensation PLATE 3R -12- Sheet 13 of 14 • Right of Way Manual for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding. REQUIREMENTS FOR UNIFORM LAND ACQUISITION POLICIES; PAYMENTS OF EXPENSES INCIDENTAL TO TRANSFER OF REAL PROPERTY TO STATE; PAYMENT OF LITIGATION EXPENSES IN CERTAIN CASES Sec. 305. Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, a State agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisi- tion of real property on and after the effective date of this title, unless he re- ceives satisfactory assurances from such State agency that-- (1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 301 and the provisions of section 302, and the provisions of section 302, and (2) property owners will be paid or reimbursed for necessary expenses as specified in sections 303 and 304. REPEALS Sec. 306. Sections 401, 402, and 403 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3071-3073), section 35(a) of the Federal-Aid Highway Act of 1968 (23 U.S.C. 141) and section 301 of the Land Acquisition Policy Act of 1960 (33 U.S.C. 596) are hereby repealed. Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Act or portions thereof under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. PLATE 3R Sheet 14 of 14 • _1 . _ • (SAMPLE LETTER FOR CONFIRMING OFFER) Date County • Account No. Parcel No. State, U. S. , or F. M. Highway Mr. and Mrs. E. F. Black 1313 Oak Street Kickshaw, Texas Dear Mr. and Mrs. Black: In acquiring right of way by County for the Texas Highway Department, a definite procedure is followed for apprais- ing the land needed and handling personal negotiations with each property owner. As a result of this, fee title to* acres of your land (save and except oil, gas and sulphur) located on Highway near is required for construction ** of this highway facility. We believe at this stage of the purchase procedure, it is mutually beneficial to confirm that based on well-•established appraisal methods and an analysis and review by the Texas Highway Department, the fair market value of said tract is $ , which value is not less than the established just compensation and in arriving at said value, any increase or decrease in fair market value caused by said project has been disregarded. County, therefore, is authorized to offer you $ for your property. The total offer of $ represents $ as value for the property to be purchased and $ as payment for damages to your remaining property. You may be entitled to additional services under the State's relocation program. It is emphasized, however, that any benefits to which you nay be entitled under this program will be handled entirely separate and in addition to this transaction by the Texas Highway Department. You will be contacted either by letter or in person relative to this matter. Attached are field notes and a parcel sketch of the area needed. Should you have any questions regarding details as to the type of highway to be built or concerning the purchase transaction, please do not hesitate to contact our negotiator, Mr. Yours very truly, * or an easement across (whichever is applicable) ** or additional construction (whichever is applicable) Right of Way Manual TITLE II--UNIFORM RELOCATION ASSISTANCE DECLARATION OF POLICY Sec. 201. The purpose of this title is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer dispro- portionate injuries as a result of programs designed for the benefit of the public as a whole. MOVING AND RELATED EXPENSES Sec. 202. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displace- ment of any person on or after the effective date of this Act, the head of such agency shall make a payment to any displaced person, upon proper application as approved by such agency head, for-- (1) actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the agency; and (3) actual reasonable expenses in searching for a replacement business or farm. (b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive a moving expense allowance, determined according to a schedule established by the head of the Federal agency, not to exceed $300; and a dislocation allowance of $200. (c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation and who elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section, may receive a fixed payment in an amount equal to the average annual net earnings of the business or farm operation, except that such payment shall be not less than $2,500 nor more than $10,000. In the case of a business no payment shall be made under this subsection unless the head of the Federal agency is satisfied that the business (1) cannot be relocated without a substantial loss of its existing patronage, and (2) is not a part of a commercial enterprise having at least one other establishment not being acquired by the United States, which is engaged in the same or similar business. For purposes of this subsection, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation, before Federal, State, and local income taxes, during the two taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property acquired for such project, or during such other period as the head of such agency determines to be more equitable for establishing such earnings, and includes any compensation paid by the business or farm operation to the owner, his spouse, or his dependents during such period. REPLACEMENT HOUSING FOR HOMEOWNER Sec. 203. (a) (1) In addition to payments otherwise authorized by this title, the head of the Federal agency shall make an additional payment not in excess of $15,000 to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisition of the PLATE 3R Sheet 4 of 14 -3- • • Right of way Manual property. Such additional payment shall include the following elements: (A) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the Federal agency, 'equals the reasonable cost of a comparable replacement dwelling which is a decent, safe, and sanitary dwelling .adequate to accommodate such displaced person, reasonably accessible to public services and places of employment and available on the private market. All determinations required to carry out this subparagraph shall be made in accordance with standards established by the head of the Federal agency making the additional payment. (B) The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the Federal agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than one hundred and eighty days prior to the initiation of negotiations for the acquisi- tion of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. (C) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (2) The additional payment authorized by this subsection shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one year period begin- ning on the date on which he receives from the Federal agency final payment of all costs of the acquired dwelling, or on the date on which he moves from the acquired dwelling, whichever is the later date. (b) The head of any Federal agency may, upon application by a mortgagee, insure any mortgage (including advances during construction) on a comparable replacement dwelling executed by a displaced person assisted under this section, which mortgage is eligible for insurance under any Federal law administered by such agency notwithstanding any requirements under such law relating to age, • physical condition, or other personal characteristics of eligible mortgagors, and may make commitments for the insurance of such mortgage prior to the date of execution of the mortgage. REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS Sec. 204. In addition to amounts otherwise authorized by this title, the head of the Federal agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 203 which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling. Such payment shall be either-- (1) the amount necessary to enable such displaced person to lease or rent for a period not to exceed four years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000, or (2) the amount necessary to enable such person to make a downpayment (including incidental expenses described in section 203(a) (l)(C) on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed PLATE 3R -4- Sheet 5 of 14 • • Right of Way Manual • $4,000, except that if such amount exceeds $2,000, such person must equally match any such amount in excess of $2,000, in making the downpayment. RELOCATION ASSISTANCE ADVISORY SERVICES Sec. 205. (a) Whenever the acquisition of real property for a program or project undertaken by a Federal agency in any State will result in the displacement of any person on or after the effective date of this section, the head of such agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in subsection (c) of this section. If such agency head determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under such program. (b) Federal agencies administering programs which may be of assistance to displaced persons covered by this Act shall cooperate to the maximum extent feasible with the Federal or State agency causing the displacement to assure that such dis- placed persons receive the maximum assistance available to them. (c) Each relocation assistance advisory program required by subsection (a) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to-- (1) determine the need, if any, of displaced persons, for relocation assistance; (2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses; (3) assure that, within a reasonable period of time, prior to displace- ment there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by such Federal agency head, equal in number to the number of and available to such displaced persons who require such dwellings and reasonably accessible to their places of employ- ment, except that the head of that Federal agency may prescribe by regulation situations when such assurances may be waived; (4) assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location; (5) supply information concerning Federal and State housing programs, disaster loan programs, and other Federal or State programs offering assist- ance to displaced persons ; and (6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. (d) The heads of Federal agencies shall coordinate relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assist- ance programs. HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT Sec. 206. (a) If a Federal project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the Federal agency determines that such housing cannot otherwise be made available he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. (b) No person shall be required to move from his dwelling on or after the effective date of this title, on account of any Federal project, unless the Federal PLATE 3R Sheet 6 of 14 -5- • Krguz or way Manual agency head is satisfied tnat replacement housing, in accoraance with section 205(c) (3) , is available to such person. STATE REQUIRED TO FURNISH REAL PROPERTY INCIDENT TO FEDERAL ASSISTANCE (LOCAL COOPERATION) Sec. 207. Whenever real property is acquired by a State agency and furnished as a required contribution incident to a Federal program or project, the Federal agency having authority over the program or project may not accept such property unless such State agency has made all payments and provided all assistance and assurances, as are required of a State agency by sections 210 and 305 of this Act. Such State agency shall pay the cost of such requirements in the same manner and to the same extent as the real property acquired for such project, except that in the case of any real property acquisition or displacement occurring prior to July 1, 1972, such Federal agency shall pay 100 per centum of the first $25,000 of the cost of providing such payments and assistance. STATE ACTING AS AGENT FOR FEDERAL PROGRAM Sec. 208. Whenever real property is acquired by a State agency at the request of a Federal agency for a Federal program or project, such acquisition shall, for the purposes of this Act, be deemed an acquisition by the Federal agency having authority ever such program or project. PUBLIC WORKS PROGRAMS AND PROJECTS OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA AND OF THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Sec. 209. Whenever real property is acquired by the government of the District of Columbia or the Washington Metropolitan Area Transit Authority for a program or project which is not subject to sections 210 and 211 of this title, and such acqui- sition will result in the displacement of any person on or after the effective date of this Act, the Commissioner of the District of Columbia or the Washington Metropolitan Area Transit Authority, as the case may be, shall make all relocation payments and provide all assistance required of a Federal agency by this Act. Whenever real property is acquired for such a program or project on or after such effective date, such Commissioner or Authority, as the case may be, shall make all payments and meet all requirements prescribed for a Federal agency by title III of this Act. REQUIREMENTS FOR RELOCATION PAYMENTS AND ASSISTANCE OF FEDERALLY ASSISTED PROGRAM; ASSURANCES OF AVAILABILITY OF HOUSING Sec. 210. Notwithstanding any other law, the head of a Federal agency shall not approve any grant to, or contract or agreement with, a State agency, under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this title, unless he receives satisfactory ' assurances from such State agency that-- (1) fair and reasonable relocation payments and assistance shall be provided to or for displaced persons, as are required to be provided by a Federal agency under sections 202, 203, and 204 of this title; (2) relocation assistance programs offering the services described in section 205 shall be provided to such displaced persons; (3) within a reasonable period of time prior to displacement, decent, safe, and sanitary replacement dwellings will be available to displaced persons in accordance with section 205(c) (3) . PLATE 3R Sheet 7 of 14 -6- erne of way Manual_ FEDERAL SHARE OF COSTS Sec. 211. (a) The cost to a State agency of providing payments and assistance pursuant to sections 206, 210, 215, and 305, shall be included as part of the cost of a program or project for which Federal financial assistance is available to such State agency, and such State agency shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs, except that, notwithstanding any other law in the case where the Federal financial assistance is by grant or contribution the Federal agency shall pay the full amount of the first $25,000 of the cost to a State agency of providing payments and assistance for a displaced person under sections 206, 210, 215, and 305, on account of any acquisition or displacement occuring prior to July 1, 1972, and in any case where such Federal financial assistance is by loan, the Federal agency shall loan such State agency the full amount of the first $25,000 of such cost. (b) No payment or assistance under section 210 or 305 shall be required or included as a program or project cost under this section, if the displaced person receives a payment required by the State law of eminent domain which is determined by such Federal agency head to have substantially the same purpose and effect as such payment under this section, and to be part of the cost of the program or project for which Federal financial assistance is available. (c) Any grant to, or contract or agreement with, a State agency executed before the effective date of this title, under which Federal financial assistance is available to pay all or part of the cost of any program or project which will result in the displacement of any person on or after the effective date of this Act, shall be amended to include the cost of providing payments and services under sections 210 and 305. If the head of a Federal agency determines that it is necessary for the expeditious completion of a program or project he may advance to the State agency the Federal share of the cost of any payments or assistance by such State agency pursuant to sections 206, 210, 215, and 305. ADMINISTRATION--RELOCATION ASSISTANCE IN PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE Sec. 212. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under sections 206, 210, and 215 of this title, a State agency may enter into contracts with any individual, firm, association, or corporation for services in connection with such programs, or may carry out its functions under this title through any Federal or State govern- mental agency or instrumentality having an established organization for conducting relocation assistance programs. Such State agency shall, in carrying out the relocation assistance activities described in section 206, whenever practicable, utilize the services of State or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities . REGULATIONS AND PROCEDURES Sec. 213. (a) In order to prom ace ualform and effective administration of relocation assistance and land acquisition of State or local housing agencies, or other agencies having programs or projects by Federal agencies or programs or projects by State agencies receiving Federal financial assistance, the heads of Federal agencies shall consult together on the establishment of regulations and procedures for the implementation of such programs . (b) The head of each Federal agency is authorized to establish such regu- lations and procedures as he may determine to be necessary to assure-- (1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable, and as uniform as practicable; PLATE 3R -7- Sheet 6 of 14 • • Right of Way Manual (2) that a displaced person who makes proper application for a payment authorized for such person by this title shall be paid promptly after a move or, in hardship cases, be paid in advance; and (3) that any person aggrieved by a determination as to eligibility for a payment authorized by this Act, or the amount of a payment, may have his application reviewed by the head of the Federal agency having authority over the applicable program or project, or in the case of a program or project receiving Federal financial assistance, by the head of the State agency. (c) The head of each Federal agency may prescribe such other regulations and procedures, consistent with the provisions of this Act, as he deems necessary or appropriate to carry out this Act. ANNUAL REPORT Sec. 214. The head of each Federal agency shall prepare and submit an annual report to the President on the activities of such agency with respect to the programs and policies established or authorized by this Act, and the President shall submit such reports to the Congress not later than January 15 of each year, beginning January 15, 1972, and ending January 15, 1975, together with his comments or recommendations. Such reports shall give special attention to: (1) the effectiveness of the provisions of this Act assuring the availability of comparable replacement housing, which is decent, safe, and sanitary, for displaced,homeowners and tenants; (2) actions taken by the agency to achieve the objectives of the policies of Congress, declared in this Act, to provide uniform and equal treatment, to the greatest extent practicable, for all persons displaced by, or having real property taken for, Federal or federally assisted programs; (3) the views of the Federal agency head on the progress made to achieve such objectives in the various programs conducted or administered by such agency, and among the Federal agencies; (4) any indicated effects of such programs and policies on the public; and (5) any recommendations he may have for further improvements in relocation assistance and land acquisition programs, policies, and implementing laws and regulations. PLANNING AND OTHER PRELIMINARY EXPENSES FOR ADDITIONAL HOUSING Sec. 215. In order to encourage and facilitate the construction or rehabili- tation of housing to meet the needs of displaced persons who are displaced from dwellings because of any Federal or Federal financially assisted project, the head of the Federal agency administering such project is authorized to make loans as a part of the cost of any such project, or to approve loans as a part of the cost of any such project receiving Federal financial assistance, to nonprofit, limited dividend, or cooperative organizations or to public bodies, for necessary and reasonable expenses, prior to construction, for planning and obtaining federally insured mortgage financing for the rehabilitation or construction of housing for such displaced persons. Notwithstanding the preceding sentence, or any other law, such loans shall be available for not to exceed 80 per centum of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing, prior to the availability of such financing, including, but not limited to, preliminary surveys and analyses of market needs., preliminary site engineering, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts . Loans to an organi- zation established for profit shall bear interest at a market rate established by the head of such Federal agency. All other loans shall be without interest. Such Federal agency head shall require repayment of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of a loan if he determines that a permanent loan to finance the rehabilitation or the construction of such housing cannot be PLATE 3R -8- Sheet 9 of 14 Right of Way Manual obtained in an amount adequate for repayment of such loan. Upon repayment of any such loan, the Federal share of the sum repaid shall be credited to the account from which such loan was made, unless the Secretary of the Treasury determines that such account is no longer in existence, in which case such sum shall be returned to the Treasury and credited to miscellaneous receipts . PAYMENTS NOT TO BE CONSIDERED AS INCOME Sec, 216. No payment received under this title shall be considered as income for the purposes of the Internal Revenue Code of 1954;. or for the purposes of determining the eligibility or the extent of eligibility of any person for assist- ance under the Social Security Act or any other Federal law. DISPLACEMENT BY CODE ENFORCEMENT, REHABILITATION, AND DEMOLITION PROGRAI S RECEIVING FEDERAL ASSISTANCE Sec. 217. A person who moves or discontinues his business, or moves other personal property, or moves from his dwelling on or after the effective date of this Act, as a direct result of any project or program which receives Federal financial assistance under title I of the Housing Act of 1949, as amended, or as a result of carrying out a comprehensive city demonstration program under title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall, for the purposes of this title, be deemed to have been displaced as the result of the acquisition of real property. TRANSFERS OF SURPLUS PROPERTY Sec. 218. The Administrator of General Services is authorized to transfer to a State agency for the purpose of providing replacement housing required by this title, any real property surplus to the needs of the United States within the meaning of the Federal Property and Administrative Services Act of 1949, as amended. Such transfer shall be subject to such terms and conditions as the Administrator determines necessary to protect the interests of the United States and may be made without monetary consideration, except that such State agency shall pay to the United States all amounts received by such agency from any sale, lease, or other disposition of such property for such housing. DISPLACEMENT BY A SPECIFIC PROGRAM Sec. 219. Notwithstanding any other provision of this title, a person-- (1) who moves or discontinues his business, moves other personal property, or moves from his dwelling on or after January 1, 1969,. and before the 90th day after the date of enactment of this Act as the result of the contemplated demolition of structures or the construction of improvements on real property acquired, in whole or in part, by a Federal agency within the area in New York, New York, bounded by Lexington and Third Avenues and 31st and 32d Streets; and (2) who has lived on, or conducted a business on, such real property for at least one year prior to the date of enactment of this Act; may be considered a displaced person for purposes of sections 202 (a) and (b) , 204, and 205 of this title, by the head of the agency acquiring the real property if-- (A) the head of the agency determines that such person has suffered undue hardship as the result of disacenent from the real property; and (B) the Federal Government acquired and held such property for at least five years prior to the date of enactment of this Act. PLATE 3R Sheet 10 of 14 9- I'J45", .,i i. Yr ii ji REPEALS Sec. 220. (a) The following laws and parts of lawn are hereby repealed: (1) The Act entitled "An Act to authorize the Secretary of the Interior to reimburse owners of lands required for development under his jurisdiction for their moving expenses, and for other purposes," approved May 29, 1958 (43 U.S.C. 1231-1234) . (2) Paragraph 14 of section 203(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473) . (3) Section 2680 of title 10, United States Code. (4) Section 7(b) of the Urban Mass Transportation Act of 1965. (49 U.S.C. 1606(b)) . (5) Section 114 of the Housing Act of 1949 (42 U.S.C. 1465) .. (6) Paragraphs (7)(b) (iii) and (8) of section 15 of the United States Housing Act of 1937 (42 U.S.C. 1415, 1415(8)) , except the first sentence of paragraph (8) . (7) Section 2 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to pay relocation costs made necessary by actions of the District of Columbia government, and for other purposes", approved October 6, 1964 (78 Stat. 1004; Public Law 88-629; D.C. Code 5-729) . (8) Section 404 of. the Housing and Urban Development Act of 1965 (42 U.S.C. 3074) . (9) Sections 107 (b) and (c) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3307) . (10) Chapter 5 of title 23. United States Code. (11) Sections 32 and 33 of the Federal-Aid Highway Act of 1968 (Public Law 90-495) . (b) Any rights or liabilities now existing under prior Acts or portions thereof shall not be affected by the repeal of such prior Acts or portions thereof under subsection (a) of this section. EFFECTIVE DATE Sec. 221. (a) Except as provided in subsections (b) and (c) of this section, this Act and the amendments made by this Act shall take effect on the date of its enactment. (b) Until July 1, 1972, sections 210 and 305 shall be applicable to a State only to the extent that such State is able under its laws to comply with such sections. After July 1, 1972, such sections shall be completely applicable to all States. (c) The repeals made by paragraphs (4) , (5) , (6) , (8) , (9) , (10) , (11) , and (12) of section 220(a) of this title and section 306 of title III shall not apply to any State so long as sections 210 and 305 are not applicable in such State. PLATE 3R Sheet 11 of 14 ' -10- Right of Way Manual TITLE III--UNIFORM REAL PROPERTY ACQUISITION POLICY UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES Sec. 301. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies: (1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. (3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency's approved appraisal of the fair market value of such property. Any decrease or in- crease in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than-that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 1 of the Act of February 26, 1931 (46 Stat. 1421 ; 40 U.S.C. 258a), for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property. (5) The construction or development of a public improvement shall be so sched- uled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by title II will be available) , or to move his business or farm operation, without at least ninety days' written notice from the head of the Federal agency concerned, of the date by which such move is required. (6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. (8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it neces- sary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire the entire property. PLATE 3R Sheet 12 of 14 • (SAMPLE LETTER FOR CONFIRMING OFFER) Date County • Account No. Parcel No. State, U, S., or F. M. Highway Mr. and Mrs. E. F. Black 1313 Oak Street Kickshaw, Texas Dear Mr. and Mrs. Black: In acquiring right of way by County for the Texas Highway Department, a definite procedure is followed for appraising the land needed and handling personal negotiations with each property owner. As a result of this, fee title to* acres of your land (save and except oil, gas and sulphur) located on Highway _ near is required for construction** of this highway facility. We believe at this stage of the purchase procedure, it is mutually beneficial to confirm that based on well-established appraisal methods and an analysis and review by the Texas Highway Department, the fair market value of said tract is $ , which value is not less than the established just compensation and in arriving at said value, any increase or decrease in fair market value caused by said project has been disregarded. County, therefore, is authorized to offer you $ for your property. The total offer of $ represents $ as value for the property to he purchased and $ as payment for damages to your remaining property. This offer to purchase includes the improvements as listed below which are considered to be part of the real property. Since the improve- ments must be removed, it is the policy of the Texas Highway Department to permit owners to retain them. The retention values are the estimated amounts the improvements would bring if sold on public bids. Should you wish to retain title to any of tha following impro'remenls and remove them from the right of way, the above offer will be reduced by the appropriate retention amounts. Improvement Amount to be subtracted if retained*** House $ 800.00 Garage 50.00 Fencing 5.00 Shrubs 1.00 ' 4, 'Page 2 As required by law, it is the policy of the Highway Department for us to negotiate with the owner of the land with the understanding that you will, in turn, negotiate with any lessees or others who may own any interest in the land or improvements except for utility easements and advertising sign leases. These will be handled separately by the Highway Department. You may be entitled to additional services under the State's relocation program. It is emphasized, however, that any benefits to which you may be entitled under this program will be handled entirely separate and in addition to this transaction by the Texas Highway Depart- ment. You will be contacted either by letter or in person relative to this matter. Attached are field notes and a parcel sketch of the area needed. Should you have any questions regarding details as to the type of highway to be built or concerning the purchase transaction, please do not hesitate to contact our negotiator, Mr. Yours very truly, * or an easement across (whichever is applicable) ** or additional construction (whichever is applicable) *** Information to be obtained from State's approved value 3 a I . 10 \:ecv'J COMMISSION STATE HIGHWAY ENGINEER REAGAN HOUSTON, CHAIRMAN TEXAS HIGHWAY DEPARTMENT B. L_____DEBERRY DEWITT C. GREER CHARLES E. SIMONS P. O. Box 1386 Houston, Texas 77001 June 4, 1975 IN REPLY REFER TO FILE NO. Right of Way Acquisition for 2 3 , Federal-Aid Highway Projects ; 1114! JUf F5 o —CD) Hon. Ralph Lowe Mayor, City of Friendswood r CtTY SECRETARIL 109 Willowick Avenue Friendswood, Texas 77546 pl""""" '"'"""'treos or 6 $ Dear Sir: Administrative Circular No. 39-75, covering Right of Way Acquisition for Federal-Aid Projects, is attached for your review and guidance. As all requirements of the Uniform Relocation and Real Property Acquisition Policies Act of 1970 and Federal Regulations must be met to insure our eligibility to receive Federal funds, it is felt this should be brought to your attention and your concurrence and compliance is requested as the denial of Federal funds could severely limit the amount of construction in which the Department may participate. Although some flexibility may be allowed for good faith actions, may we emphasize the need for total compliance and, further, to call your attention to Paragraph 2 of the attached Administrative Circular which states projects should be developed on a logical basis as construction funds may be denied if the purchase of the necessary right of way has been completed in any way other than in accordance with the provisions of Titlesll and III of the above-mentioned Act. It is felt the attached does not circumvent information previously furnished regarding right of way acquisition but rather tends to clarify the FHWA intentions in this regard. Your cooperation is appreciated. Yours very truly, aZe"-14::=2 °P-177173.4 .1 Omer F. Poorman District Engineer District No. 12 JHC/ja Attachment Texas Hi,hwa;Department � ADMINISTRATIVE CIRCULAR NO. 39-75 To: ALL DISTRICT ENGINEERS, DIVISION HEADS Date: May 7 , 1975 AND ENGINEER-MANAGER Subject: ACQUISITION OF RIGHT OF WAY FOR FEDERAL-AID Expires: PROJECTS Reference: File: D-15 Gentlemen: With the publication of Volume 7, Chapter 7, Section 5 of the Federal-Aid Highway Program Manual, it appeared that cities and counties could possibly be relieved of having to comply with Federal laws and directives in purchasing right of way with- out jeopardizing Federal-aid construction work if right of way was acquired prior to the roads and streets being approved as a part of a Federal-aid highway system. Since this interpretation would conflict with other parts of the Manual and FHWA directives, a clarification was requested. Attached for your information and guidance is a copy of the FHWA reply dated March 25, 1975. We believe this reply is consistent with information previously furnished to you on this matter. Cities and counties must comply with the Uniform Act of 1970 and Federal regulations in acquiring right of way for a project if Federal funds are to be used in construction. A city or county can, however, elect to purchase right of way and proceed to construction on a section of a Federal-aid system without complying with Federal requirements as long as Federal funds are not requested for any part of the project. We have been advised by FHWA that any such projects should be developed on a logical section basis. Where a city or county may have purchased right of way for road or street purposes with no thought that it would be incorporated into a Federal-aid project, eligibility of the project for Federal funding will be considered and probably will not be denied. Each case will have to be considered on its own merits with eligibility determinations controlled by intent rather than timing. Local agencies who are acquiring right of way with the expectation that construction will be included in a future highway program should be informed of the right of way requirements such that construction funds are not jeopardized. The eligibility re- quirements apply whether or not a street is on a Federal system or is programmed by the Highway Department for construction at the time of purchase. Where right of way is acquired prior to designation by the Highway Commission, then the local agencies will be expected to comply with both Titles II and III of the Uniform Act without State participation. We must continue emphasizing to the cities and counties that Federal eligibility is an indispensable element in all projects undertaken by the Department. If eligibility of a project is questionable, it is recommended that the matter be resolved before submission for program action. Sincerely yours Attachment SeAieir''47 DISTRIBUTION B. L. DeBerry DISTRICT ENGINEERS State Highway Engineer ENGINEER-MANAGER ROW AND RESIDENT ENGINEERS AUSTIN OFFICES L___ DEPARTMENT OF TRANSPORTATIOI FEDERAL HIGHWAY ADMINISTRATION 826 FEDERAL OFFICE BUILDING 8 AUSTIN, TEXAS 78701 t4''„is � March 25, 1975 IN REPLY REFER TO 06-48.8 Interpretation of the Provisions of Paragraph 3b of FHPM 7-7-5 3/27/75 - Original to D-15. Copies to: BLD/MGG/MLY RVS Mr. B. L. DeBerry D-8 State Highway Engineer D-14 Austin, Texas 78701 Attention: File BLD Dear Sir: Reference is made to your letter dated February 14, 1975, in which you requested clarification of paragraph 3b of FHPM 7-7-5 where sections of streets or highways are to be added to a Federal-aid system. The last portion of the last sentence of paragraph 3b dated December 30, 1974, provides emphatically and specifically that preliminary engineering, right-of-way, or construction work after the section is approved as part of a Federal-aid highway system shall be performed in accordance with applicable laws and FHWA directives. The first half of the last sentence provides that nonparticipating work performed not in accordance with Federal-aid laws and FHWA procedures shall not, prima facie, deny or preclude Federal participation in authorized project costs incurred subsequent to approval of the section on a Federal- aid system. The sentence does not preclude an administrative determination that such projects are not eligible for Federal participation because of noncompliance with Federal procedures. It is a general policy of FHWA that, where Federal funds partici- pate in subsequent project costs, right-of-way should have been acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 even though there is no Federal participation in right-of-way expenses, and the environmental and public hearing requirements should have been met. . 2. Paragraph 3b was intended to accommodate provisions of the Federal-Aid Highway Act of 1973. It was recognized that there might be legitimate instances where local communities planned nonsystem projects and had acquired or were in the process of acquiring right-of-way under their own procedures without any thought of Federal participation in any part of the project. Suddenly those projects became eligible for incorporation into a Federal-aid system with attendant responsibilities and benefits. It was considered that Federal participation in subsequent project costs should not be denied solely because the local community had not adhered to provisions of the Uniform Act or fully met the environmental and public hearing requirements. It was antici- pated that requests for incorporating such projects into a Federal- aid system would follow promptly and that the steps to fulfill FHWA requirements necessary for an FHWA approval or authorization would be completed in an orderly manner. Eligibility is concerned more with the matter of intent, rather than just a point in time. If a State or local community begins compliance with applicable highway laws and FHWA directives at the earliest practicable time, some flexibility may be allowed concerning good faith actions taken prior to that time. Thus, eligibility of a project becomes a judgmental matter based on an evaluation of a specific set of facts and circumstances. Where actions have been taken to circumvent Federal law or directives, denial of Federal participation in project costs should be unequivocal. Sincerely yours, ,gc4-4-6/0? iCIT; 'John J. Conrado Division Engineer MEMO TO FILE June 6, 1975 Mayor Lowe said he had talked with Clint Hackney about ROW for Whispering Pine extension to FM 518. Hackney suggested talking to Ray Utley who is his agent. Talked via phone with Utley today. Ex- plained proposal to him; he expressed interest, but wants to think about it some more. /s/James C. Morgan City Manager • MINUTES OF A,REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL June 2, 1975 The Friendswood City Council met in a regular session at 7:30 p.m. on Monday, June 2, 1975, at the City Hall , with the following members present: • Mayor Ralph L. Lowe Councilman Milton Windier Councilman Paul Maaz Councilman Edward Zeitler Councilman Benny Baker With a quorum present, and with Councilman Richard Haken and Councilman William Patton absent, the following business was transacted: READING AND APPROVAL OF MINUTES of May 19, 1975, approved as corrected. ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR T. The Highway Department is working to get FM 518 completed, with Brown & Root working at topping the street. The Highway Department has also contacted the City regarding right-of-way for the proposed straigntening of Whispering Pines, and indicate that it is possible if this program developes, this street may be surfaced to the Clear Creek bridge. 2. Mayor Lowe talked to Bob McCaren, who works with Bob Harrison, legal advisor to EPA, regarding the regional sewer plant. The EPA feels that the regional system is necessary and will come to Friendswood soon to meet with City representatives. They also wish to talk to Gulf Coast Waste Disposal Authority regarding their position in the project contract. • 3. Paul Davis , GCWDA, reports that the Regional Sewer System now stands #105 on the TWQB rating list; former rating was #205. However, he now understands that the Board only plans to fund 85 projects this year. 4. GCWDA is negotiating for a land fill site in Harris County. Mayor Lowe asked that Friendswood and other Galveston County cities be considered as potential users of the site in the future. 5. The Mayor, while in Austin last Friday, talked to the TWQB and the Texas Water Development Board regarding Friendswood's acquiring property on the Harris County side of Clear Creek in an effort to exert some control over the flow of water into this city. He also talked to the Brazoria County Drainage District and the Corps of Engineers in an effort to set up a meeting regarding flood control on Clear Creek. 6. The City Secretary read an excerpt from a special committee report of the Harris County Task Force, made to the Harris County Commissioner's Court on May 20, 1975, wherein the Task Force recommends that the Court . "investigate a plan for flood control on Clear Creek broader than the channelization concepts, including the so-called "Parkway" recognizing that such an approach may reduce flood protection below the 100 year flood level ." Two members of the Task Force indicated that if further study would harm the program, or if the Court were forced to make an immediate decision, then they would recommend that the Court support the up-dated authorized plan for Clear Creek. PETITIONS & COMMUNICATIONS Lundy Lane residents (Phoncille DeVore, speaker) requested that oil be placed on this road to alleviate the dust problem. Mr. Darrah of Briarcreek also requested that something be done to settle the dust and fill the holes on Briarcreek. Both reported that the speed limits on these streets are -not " being adhered to. John Tirado reminded Council that Merrywood and Briarmeadow will need oiling before the July 4 parade. The Chigger Creek bridge on Greenbriar was also discussed, and Mr. Heaney is ,to check to determine if the bridge is safe for traffic. In the discussion of oil for streets, Mayor Lowe reported that Lowe Chemical is being sued by TWQB regarding a waste substance from;Ithe plant which was