HomeMy WebLinkAboutQuitclaim Deed - Jon S. and Shelley Skeele - 1310 STEELE DR (2) ' � IIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIII 2013014000
4 PGS
Quitclaim
DEED
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
Date: January 07, 2013
Grantor: City of Friendswood, Texas
Grantor's Mailing Address: 910 S. Friendswood Drive, Friendswood, Galveston County, Texas
77546
Grantee: Jon S. and Shelley Skeele
Grantee's Mailing Address: 1310 Steele Drive, Friendswood, Galveston County, Texas 77546
Consideration: Ten Dollars ($10.00)
Property (including any improvements):
All of that certain 3' X 35' guy wire easement located on the southwest side of the
property being Lot 13, Block 12, of Longwood Park Subdivision, a subdivision in
Galveston County, Texas, according map or plat thereof recorded in Volume 254-
A, Page 90, of the Map Records and transferred to Volume 5, Page 7, of the Map
Records of Galveston County, Texas, more particularly described in Exhibit "A",
which is attached hereto and incorporated herein for any and all purposes.
For the Consideration, Grantor quitclaims to Grantee all of Grantor's right, title, and
interest in and to the Property, to have and to hold it to Grantee and Grantee's heirs, successors,
and assigns forever. Neither Grantor nor Grantor's heirs, successors, or assigns will have, claim,
or demand any right or title to the Property or any part of it.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED this 7th day of January, 2013.
CITY OF FRIENDSWOOD,TEXAS
By:
Kevin Yand
Mayor
1 1
ATTEST:
l�lS�
Melinda Welsh,TRMC
City Secretary j U
STATE OF TEXAS §•qTE OF
COUNTY OF GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Kevin M. Holland, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes
and consideration therein expressed. �[
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4 day of January, 2013.
MICHELLE ANN PE EZ Notary Public, State of Texas r�
GNOTARY PUBLIC (t� l� `n1 [� C- JJ�
STATE OF TEXAS Printed name: I�y, I.YIC, T
My Commission Expires 11-18.2014
My commission expires: 11 I B a v l
Exhibit A
'14 it
0
Rk LOT 13, BLOCK 12, OF
EChO�y FNO` < LON SECTION
PI
ARK
O0 S
a \
� \
LINE BEARING DISTANCE %
L1 N 41'25'30" E 54.
L4 N 54'3330" W 3.000'
(oc� �pG �O\%` \ / LOT 12
L5 S 35'26'30" W 35.00' �
L6 S 60'24'30" E 1.50' S72
L7 S 48'42'30" E 1.5—Z F1%0z' SO a \
PROPOSED ABANDONMENT OF A 3' X 35' GUY WARE EASEMENT
A 0.0024 acre (105 Sq. Ft.) tract out of and a part of Lot Thirteen (13). Block Twelve (12), of Longwood Pork
Subdivision, a subdivision In Galveston County, Texos, according to the map or plot thereof recorded in Volume 254—A,
Page 90, of the Map Records and transferred to Volume 5, Page 7, of the Mop Records of Galveston County, Texos,
sold 0.0024 acre treat being more particularly described by metes and bounds no follows:
COMMENCING at the south corner of sold Lot 13. same being the west corner of Lot 12, in said Block 12:
THENCE N41'2530'E along and with the common line of said Lots 12 and 13, a distance of 6,00' to a point in the
northerly line of a 6.0' utility easement as shown on the recorded plat of said Longwood Park Subdivision;
THENCE 1,148'42'30'W along and with the northerly lino of said 6.0' utility easement, a distance of 54.11' to the POINT
OF BEGINNING of the tract herein described;
THENCE 1435'2830"E along and with the easterly line of sold guy wire easement, o distance of 35.00' to a point for
the most easterly corner of the tract herein described;
THENCE N543330'E along and with the northerly line of said guy wire easement, a distance of 3.00' to a point for
the most northerly corner of the tract herein described;
THENCE S35'26'30'W along and with the westerly line of said guy wire easement, a distance of 35.00' to a point for
the most westerly corner of the tract herein described and being in the northerly line of sold 6.0' utility easement;
THENCE S60'24'WE olong and with the northerly line of said 6.0 utility easement, a distance of 1.56 to on angle
paint of the tract herein described;
THENCE S4842'30'E along and with the northerly Nne of sold 6.0 utility easement, o distance of 1.52' to the POINT
OF BEGINNING of the tract herein described.
I, the undersigned, o Registerod Professional Land Surveyor of the Stale of Texas, do hereby certify that this survey
was made on the ground of the property legally described hereon and Is true and correct to the best of my
knowledge and belief.
Basis of Bearing: Common line of Lot 4 and
Robert D. Ellis, R.P.L.S. said Lot 13 = N48'42'30'E as per recorded plot
Tx. Reg. No. 4008
Date: 11-07-12 ELLIS SURVEYING SERVICES
Scale: 1" = 20' ,�H.•'° ' ' �6'iTxm
Texos American Title 8419 Emmett F. Lowry RODERT.D... ELLIS
G.F. N0. 7675-12-1136 Texos City, Texos 77591 � Ago400G?y;�
Tel.: 409-938-8700 sN Rssvo
Fox: 866-678-7685 O sUR.�
FILED AND RECORDED
pS� ,OF
. � OFFICIRL PUfBLIC RECORDS
1
014000
March 08, 2013 09:48:20 AM
FEE: $24.00
Dwight D. Sullivan, County Clerk
Galveston County, TEXAS
COPV
(Title: An ordinance approving the vacation of a public easement.)
ORDINANCE NO. 2013-02
AN ORDINANCE APPROVING A VACATION OF A
PUBLIC EASEMENT SITUATED ON PROPERTY
LOCATED AT 1310 STEELE DRIVE, FRIENDSWOOD,
TEXAS; AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY SECRETARY TO ATTEST A
QUITCLAIM DEED BY AND BETWEEN THE CITY AND
JON S. AND SHELLEY STEELE.
WHEREAS, by virtue of that certain map or plat recorded in Volume 254-A,Page 90, of
the Map Records and transferred to Volume 5,Page 7, of the Map Records of Galveston County,
Texas, a certain 3' X 35' guy wire easement was dedicated to the public by way of a recorded
final plat of Longwood Park Subdivision, a subdivision in Galveston County, Texas, over and
across a portion of the rear of the property located at 1310 Steele Drive, Friendswood, Texas;
and
WHEREAS, the owners of said property have applied to the City for the vacation of that
certain 3' X 35' guy wire easement which encumbers the property; and
WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of
Friendswood, Texas, the applicants have supplied all required information to the City, and the
City Council has conducted a joint public hearing with the Planning and Zoning Commission to
consider any public comments concerning the proposed vacation; and
WHEREAS, the City Council of the City of Friendswood deems it in the best interest of
the City of Friendswood to approve the vacation of the 3' X 35' guy wire easement to the
applicants.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. That the Mayor and City Secretary are hereby authorized and directed to
execute and attest, respectively, a quitclaim deed necessary to provide for the vacation and
release of the following easement to the owners of property located at 1310 Steele Drive,
Friendswood,Texas:
Being a 3' X 35' guy wire easement located on the southwest side of the property
being Lot 13, Block 12, of Longwood Park Subdivision, a subdivision in
Galveston County, Texas, according map or plat thereof recorded in Volume 254-
A, Page 90, of the Map Records and transferred to Volume 5, Page 7, of the Map
Records of Galveston County, Texas. Said easement area to be released is more
clearly shown on the drawing attached hereto and made part hereof
Section 2. That the metes and bounds descriptions attached to this ordinance as
Exhibit "A" shall constitute the legal descriptions of the guy wire easement being vacated and
released to the owners of property located at 1310 Steele Drive, Friendswood, Texas.
PASSED AND APPROVED on first reading this 4th day of Fej�br�uary 2013.
PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day
of March,2013.
Kevin Ylolland
Mayor
ATTEST:
9 •o
I( o� •® o
s
e� •
Melinda Welsh, TRMC :U
City Secretary
e
Ord 2013 -02 2
Ordinance 2013-02 i
Exhibit,
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�yo.
ti
4.1
Iry •.�
\ tiT
ilI p� LOT 13, BLOCK 12, OF
F,VO` < oe LONSEC7010NPtARK,
a \
LINE BEARING DISTANCE
L1 N 41'25'30" E 6.00'
L2 N 48'42'30" W 54.11' 10Veo,
L3 N 35'26'30" E 35.00' %o s
L4 N 54'33'30" W 3.00' p�A<p o . LOT 12
L5 S 3526'30" W 35.00' "1P&� % y
L6 S 60'24'30" E 1.50' S 2 \
L7 S 48'42'30" E 1.52' Fplyax' Sp
ti �iir'e �
9.
PROPOSED ABANDONMENT OF A S X 35' GUY WRE EASEMENT \
A 0.0024 cars (105 Sq. Ft.) tract out of and a part of Lot Thirleen (13). Block Twelve (12). of Longwood Park
Subdvision, a subdlhsion In Galveston County, Texas. according to the map or plat thereof recorded in Volume 254—A,
Page 90. of the Map Records and transferred to Volume 5, Page 7, of the Mop Records of Galveston County, Texas,
said 0.0024 acre tract being more particularly described by metes and bounds as follows;
COMMENCING at the south earner of sold Lot 13. some being the west corner of Lot 12, In sold Block 12;
THENCE 1141'25'30'E along and with the common line of said Lots 12 and 13, a distance of 6.00' to a point in the
northerly line of a 6.0' utility easement at shown on the recorded plat of said Longwood Park Subdivision;
THENCE 1146'42'36'111 along and with the northerly line of sold 6.0' utility easement, a distance of 54.11' to the POINT
OF BEGINNING of the tract herein described;
THENCE N35'26'30'E along and with the easterly line of sold guy wire easement, a distance of 35.00' to a point for
the most easterly corner of the tract herein described;
THENCE 1154'33'36'E along and with the northerly line of sold guy wire easement, a distance of 3.00' to a point for
the most northerly earner of the tract herein described;
THENCE S35'26'30"W along and with the westerly line of said guy wire easement, a distance of 35.00' to a point for
the most westerly corner of the tract herein described and being in the northerly line of sold 6.0' utility easement;
THENCE S60'24'3WE along and with the northerly line of said 6.6 utility easement, o distance of 1.50' to an angle
point of the tract herein described;
THENCE S48'42'30'E along and with the northerly line of sold 6.0' utility easement, a distance of 1.57 to the POINT
OF BEGINNING of the tract herein described.
1, the undersigned, o Registered Professional Land Surveyor of the State of Texas, do hereby certify that this survey
was made on the ground of the property legally described hereon and is true and correct to the best of my
knowledge and belieL��,y��
Basis of Bearing: Common line of Lot 4 ands,
Robert D. Ellis, R.P.L.S. said Lot 13 = N48'42'30"E as per recorded plot
Tx. Reg. No, 4008
OF
Date: 11-07-12 ELI-IS SURVEYING SERVICES �P;QEolsretif6:v
Scale: V = 20' ht ( •.m -
Texas American Title 8419 Emmett F. Lowry ROBERT D. ELLIS
G.F. N0. 7875-12-1136 Texas City, Texas 77591 '
y •.p90 4006 a"a;
Tel.: 409-938-8700 9No`cis•° o
Fax: 866-678-7685 SuR�
Staff
,_tf�vy yS4
FRIENDSWOOD CITY COUNciL AGENDA ITEM FORM
3 i a
t'
This form should be completed and forwarded to the City Managers Office as soon as possible prior to
the first date that the item is expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: March 4,2013
Date Submitted: February 15,2013 Dept.Clearances: Morad Kabiri
Prepared by:Mona Miller Originating Department:CDD
Subject: Proposed vacation of easement at 1310 Steele Drive
Proceeding: Ordinances City Attorney Review: Yes
Degree of importance: Critical❑ Significant® Elective❑
Expenditure Required: N/A Amount Budgeted: N/A RCR
Roger C. Roecker
Appropriation Required: N/A Source of Funds: N/A City Manager
FINANCE APPROVAL:N/A
SUMMARY/ORIGINATING CAUSE
The applicant is requesting that a Tx 35'guy wire easement be abandoned in order for them to
have the buildable space in theiryard for a swimming pool.
IMMINENT CONSEQUENCES/BENEFIT TO COMMUNITY
The easement appears to be an unused easement. Therefore,abandoning it would cause no
detriment to existing or future utilities. The utility companies have provided letters of no
objection to the abandonment.
RECOMMENDATIONS
The Planning and Zoning Commission considered this item and recommended approval on
January 17,2013. City Council approved the ordinance on first reading during their February 4`h
meeting.
ATTACHMENTS
Ordinance
i
Exhibit A
P-Z recommendation memo
Application-survey-utility letters
Quitclaim Deed
Title report
Location map
GOAD datasheet
1 • 1 1 •
Memo
Y
To: Mayor and City Council
From: David O'Farrell, acting Planning and Zoning Commission Chair
Date: January 22, 2013
Re: Abandonment of a Tx 35' guy wire easement at 1310 Steele
Drive
At their meeting held January 17, 2013, the City of Friendswood Planning and
Zoning Commission voted 5 to 0 (Chair McLean and Vice Chair Tibbitts were
absent) to recommend approval of the above mentioned request to City
Council.
APPLICATION FOR VACATION OF PUBLIC EASEMENTS AND RIGHTS-OF-WAY
Date: I a
Public Hearing Date: -O `C 7
1. Applicant's Name
z. Address 10�Cre���Q I �r�vl�S ap ,lx ?S6
3. Telephone No. A Jt��J �a(10-�
4. Subdivision Name ( W00 4�{ ewL
6. Request is hereby made to vacate the following: (check one)
Street_Alley____"Easement 'Other
Street Name—Ste Cd e- (by- Subdivision Name ('0VISI p WC
Abutting Blocks 12- Abutting Lots 13 0
6. Reason for the vacation request: lie W&4(r 40 a
7. Subject improvement located in subject right-of-way:
None L-I"Paving____Curb&GutterPower Lines/Poles_Fences/Walls_,
Structures�Other
8. Underground Improvements located in subject right-of-way:
None'Telephones—Electric,Gas___,Water^WaterSewerStorm
Dra in"_,U nknown—Other
9. Future Use of the Vacated right-of-way:
Yards Parking_Expand Building Area_Replat with Abutting Land_
Other
i
t
Page 2
10. Related applications which are pending (give name and file number):
Zoning,Board of Adjustment____Subdivision^Building Permits,_Other
11. Signatures:All owners of properties which abut the right-of-way to be vacated must sign
below and provide an adequate legal description of the properties they own.
Signature Legal Description Telephone Number
The undersigned owners/applicants/agents understand that the processing of this application
will be handled In accordance with the procedures outlined In the policy and that acceptance of
this application and fee in no way obligates the City to grant the vacation. Me further
understand that the fee, if the vacation is granted,will be determined by the City of Friendswood.
The undersigned acknowledges that he or she is authorized to do so and upon the City's
request will provide evidence satisfactory the City confirming these representations.
The granting of a vacation request will not be construed to be a waver of or as approval of any
violation of any of-the provision of any applicable City Ordinances.
Fee Paid:
Accepted by:,�1;
Pate:
s
a
�4.3'
°1014 `\ I11 oa
9Rkk�:6 OA' p LOTLONSECTOD PARK,J3 BLOCK 12, OF /
LINE BEARING DISTANCE \0.
\� /
L1 N 41'25'30" E 6.00' y
L4 N 54'33 30" W 3 00' lONo�0�A o#2�O\. \ / LOT 12
L5 S 3526'30" W 35.00' �p�� y
L7 S 48'42'30" E 1.52' SFljox' S0 n
4 %qo \
PROPOSED ABANDONMENT OF A S x 35' GUY RARE EASEMENT \
A 0.0024 acro (105 Sq. Ft.) tract out of and a port of Lot Thirteen (13). Block Twelve (12), of Longwood Park
Subdivision, a subdivision in Galveston County. Texas, according to the map or plat thereof recorded in Volume 254—A,
Page 90. of the Mop Records and transferred to Volume 5, Page 7, of the Mop Records of Galveston County, Texas,
said 0,0024 Otte tract being more particularly described by motes and bounds as follows;
COMMENCING at the south corner of sold Lot 13, same being the west corner of Lot 12, In sold Black 12;
THENCE N41'2530"E along and with the common line of said Lots 12 and 13, o distance of 6.06 to a point in the
northerly line of a 6.0' utility easement as shown on the recorded plot of said Longwood Park Subdivision;
THENCE 1,148'42'30"W along and with the northerly line of sold 6.0' utility easement, a distance of 54.11' to the POINT
OF BEGINNING of the tract herein described;
THENCE N35'2W30'E along and with the easterly line of sold guy wire easement, a distance of 35.00' to a point for
the most easterly corner of the tract herein described;
THENCE N54'33'30"E along and with the northerly line of sold guy wire easement, a distance of 3.00' to a point for
the most northerly corner of the tract herein described;
THENCE S35'26'30"W along and with the westerly line of said guy wire easement, a distance of 35.00' to a point for
the most westerly corner of the tract herein described and being in the northerly line of sold 6.0' utility easement;
THENCE S60'2430"E along and with the northerly line of said 6.6 utility easement, a distance of 1.56 to an angle
point of the tract herein described;
THENCE S4842'30E along and with the northerly line of sold 6.0' utility easement, o distance of 1.52' to the POINT
OF BEGINNING of the tract herein described.
I, the undersigned, o Registered Professional Land Surveyor of the State of Taxes, do hereby certify that this survey
was made on the ground of the properly legally described hereon and is true and correct to the best of my
knowledge and belief.�/���
C �We ' Basis of Bearing: Common line of Lot 4 and
Robert D. Ellis. R.P.L.S. said Lot 13 - N46'42'30"E as per recorded plot
Tx. Reg, No, 4006
tE 0r n`\
Dote: 11-07-12 ELLIS SURVEYING SERVICES j �P;�;ui§iFRjd;+y
Scale: 1" - 20' y: m
Texas American Title 8419 Emme{{ F. Lowry
R09E,R •D.•ELLIS•
G.F. N0. 7875-12-1136 Texas City, Texas 77591 'Ao 4006? '
y C9•A,ttsS°vraa
Tel.: 409-938-8700 V........•N.y
Fax: 866-678-7685 SUfl
}
1M
October 25,2012 TNMP ..
t
Mrs. Shelley Skeele
2888 Bridle Path Lane
Friendswood,Texas 77546
RE: 1310 Steele Drive
Friendswood,TX 77546
Utility Easement Abandonment
Dear Mrs. Skeele:
I have reviewed survey plot plan for 1310 Steele Drive,Friendswood,Texas,as described in
ABST 20,PAGE 5,LOT 13,BLOCK 12,OF LONGWOOD PARK SECTION lof the Map
Records in the Office of the County Clerk of Galveston County,Texas. TNMP maintain no
distribution facilities within the existing easement nor has plans to utilize the easement. The
proposed abandonment will not conflict with TNMP existing distribution facilities,nor,does the
abandonment impede TNMP's access to the existing distribution facilities. TNMP has no
objection to Mrs. Skeele's request to abandon the existing 3 ft wide by 35 ft guy wire platted
utility easement.
TNMP will have the right of ingress and egress to and fiom and upon the remaining twelve foot
easement for the purpose of constructing,reconstructing,inspecting,patrolling,maintaining and
adding to or removing all or part of its respective system without the necessity,at any time,of
procuring the permission of anyone.This easement abandonment is only valid with the
stipulation,that the customer does not violate any National Electric Safety Codes or National
Electrical Codes. TNMP will not be held responsible or liable for any damages to any buildings,
fences,trees, shrubs,or landscaping,signs,or other improvements or growths to encroach upon
the easement. Furthermore,the homeowner sliall bear the cost of removing the encroachment.
Any changes to existing grade along the easement must be approved by TNMP.
Please contact me should you have any questions or require additional information at
281,996.0453,ext 7103 or via email at vincent,lierrera@tnmp.com,
�Sin 6rcly,
co.! /C
Vincent R.Herrera,P.E.
TNMP
South Texas Engineering
AT&T Texas T.- 28I.379.7524
� �� 7602 Spring Cypress Drive R 281.374.3310
Room 226
Spring,TX 77379-3113
October 30,2012
Shelley Skeele
2888 Bridle Path Lane
Friendswood,Texas 71546
Re: "No Objection" Abandonment of a guy wire easement located at the address
known as 1310 Steele Drive,Galveston County,Texas.(R,O.W.Job#FR 00212-M)
Dear Ms.Skeele,
Southwestern Bell Telephone Company(SWBT)offers"NO OBJECTION"to the abandonment
of a 3'x 35' guy wire easement located on the southwest side of the property being Lot 13,Block 12,
of Longwood Park Subdivision, a subdivision In Galveston County, Texas, according to the map or
plat thereof recorded in Volume 254•A, Page 90 of the Map Records and transferred to Volume 5,
Page 7, of the Map Records of Galveston County, Texas, as shown on survey prepared by Ellis
Surveying Services,Dated March 27s',2008.
I have included a Release of Easement document for the release of SWBT's interests-in
the easements.The release is for the owner to keep and it will be the owner's responsibility to
have the release recorded. If you have any questions or need any additional information
please contact me at the above address or by telephone at 281.379.7524 or by email at
jr0166 r.att.conr.
Sincerely,
r-�WEna ine ring Design
f Rirag
Attachment:
n
vroa sew•:.,,m oFe us oSmKa ream
Comcast.
7033 Airport Boulevard
Houston,TX.77061
November 5,2012
RELEASE OF EASEMENT
To: Shelley Skeele
1310 Steele Dr.
Friendswood,TX.77546
Re: Release of utility easements Lot 13,Block 12 of Longwood Park Sec 1,a subdivision in Galveston
County,Texas,according to the map or plat thereof recorded in volume 254-A,Page 90,of the Map
Records and transferred to Volume 5, Page 7,of the Map Records of Galveston County,Texas.
Comcast offers"No Objection"to the abandonment of the existing 3 ft wide by 35 ft guy wire platted
utility easement, Lot 13,Block 12 of Longwood Park Sec 1, Friendswood,Texas 77546.
This is a partial release which affects only that part of the easement described in the preceding
paragraph and which does not in any manner affect Comcast's right to use the remainder of the
dedicated easements.
If you have any questions,please call me at(713)341-8677.
EXECUTED this 5th day of November,2012
Scott Westerman
Construction Manager
Comcast.
RELEASE OF
EASEMENT RIGHTS
STATE OF TEXAS §
§ INOW ALL PERSONS BY THESE PRESENTSr
COUNTY OF GALVESTON §
WHEREAS, JON S. and SHELLEY SKEELE, (hereinafter referred to as °Ownee') owns the
following described property in Galveston County,Texas:
Being Lot 13, Block 12, of Longwood Park Subdivision, a subdivision in Galveston
County,Texas,according to the map or plat thereof recorded In Volume 254-A,Page 90
of the Map Records and transferred to Volume 5, Page 7, of the Map Records of
Galveston County,Texas.
WHEREAS,the above described properly is subject to a guy wire easement("Easemenf')which was
platted and dedicated and filed for record with the Clerk of Real Property Records of Galveston County,
Texas for utility purposes;and
WHEREAS,the Owner has requested that Southwestern Bell Telephone Company release and abandon
it rights for use of these easements.
Being a 3'x 35'gay wire easement located on the southwest side of the property being
Lot 13,Block 12,of Longwood Park Subdivision,a subdivision in Galveston County,
Texas,according to the map or plat thereof recorded in Volume 254-A,Page 90 of the
Map Records and transferred to Volume 5,Page 7, of the Map Records of Galveston
County,Taxes.
NOW,THEREFORE,in consideration of the promises, Southwestern Bell Telephone Company has
RELEASED and does by those presents FOREVER RELEASES,all of the right of Use that it may have to
the following described portions of that previously described Easement:
This Release is only for that portion of the guy wire easement described herein and only affects those
rights which may be hold by Southwestern Bell Telephone Company,and in no way does this Release
apply to any other utility company's rights within the Easements.Southwestern Bell Telephone Company
retains the right of use of all other Easements and alleys dedicated within the herein-described.
�A dh
EXECUTED this W dayof 2012.
SOUTH\V➢STERN BELL TELEPHONE COMPANY,
a Missoui co oration
Byi
Name: Jo 11
Title: Mann eg r-Bngjneering_
STATE OF TEXAS §
COUNTYOFHARRU; §
This instrument was acknowledged before me on� 1�9 12 by Jerry Ra
Mane eger En ing eerine;of SOUTHWESTERN BELL TELEP NE COMPANY,a Missouri corporation,
on behalf of said corporation. - -
Notary Public by and fo j
The State of Texas
AMAIImAYIamMMBURNS '
€ MY�MS9bn amYe% My commission expires�ac!�v�/��
March 80,2o13
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I310 Stexle am'e ]
FdeMsxmd,EROD
Rw O. Joba FROatl2-11 i
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i Alamo Title Insurance Company
i
i' SCHEDULE A
I�
GF No1.7876-08.1055
Effective Date: March 31,2008,8:00a.m.
Issue Date: March 7, 2008
1.The policy or policies to be Issued are:
(a)I;OWNER POLICY OF TITLE INSURANCE(Form T-1)
t:(Not applicable for Improved one-to-four family residential real estate)
Policy Amount:$
PROPOSED INSURED:
(b):.TEXAS RESIDENTIAL OWNER POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCES(Form T-111)
Policy Amount:$86,000.00
PROPOSED INSURED:Jon S Skeels and Shelley Skeels
(c) MORTGAGEE POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount:$
PROPOSEDINSURED:
1!Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY OF TITLE INSURANCE
(Form T-211)
Policy Amount:$
PROPOSED INSURED:
Proposed Borrower:
(a) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-
13)
Binder Amount:$520000..00
PROPOSED INSURED: Residential Construction Associates, LTD
.Proposed Borrower:Jon S Skeele and Shelley Skeele
(f) :OTHER
'Policy Amount:$
PROPOSEDINSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple
3. Record title to the land on the Effective Date appears to be vested In:
VINCENT Q.NGUYEN
4. 1.Legal description of land:
Lot Thirteen(13), in Block Twelve(12), of LONGWOOD PARK subdivision, A
,subdivision in Galveston County, Texas, according to the map or Plat thereof recorded
In Volume 254-A, Page 90 of the map records, in the office of the County clerk of
Galveston County, Texas and Transferred to Volume 6, Page 7 of the map records of
Form T?1:Commitment for Title Insurance 7876-08.1056
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Galveston County,Texas..
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Form Tr7:Commitment for Title Insurance 7876-08-1055
SCHEDULE B
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not co er loss,
costs,attorneys fees, and expenses resulting from:
1. The following restrictive covenants of record itemized below(We must either Insert specific r(cording
data or delete this exception):
Volume 254-A Page 00 of the map records, and Volume 1656 Page 56 of the deed 'ecords,
Galveston County, Texas
But deleting any covenant, condition or restriction indicating a preference,limitation or discrii ninaUon
based on race, color, religion, sex, handicap,familial status or national origin unless and on to the_____.. ._-_ . .....
extent that said covenant(a)is exempt under chapter 42,section 3607 of the United States code or
(b)Relates to handicap but does not discriminate against handicapped persons.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachn ants or
protrusions,or any overlapping of Improvements.
3. Homestead or community property or survivorship rights, if any of any spouse of any nsured.
(Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone,Including, but not limited to, persons,the public,corporations,
governments or other entities,
a) to tidelands, or lands comprising the shores or beds of navigable or perennial ri rs and
streams,lakes,bays,gulfs or oceans,or
b) to lands beyond the line of the harbor or bulkhead lines as established or change( by any
government,or
c) to tilled-In lands,or artificial islands,or
d) to statutory water rights,including riparian rights,or
e) to the area extending from the line of mean low tide to the line of vegetation, or the fights of
access to that area or easement along and across that area.
f) (Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2008, and sub iequent
years;and subsequent taxes and assessments by any taxing authority for prior years due to change
in land usage or ownership, but not those taxes or assessments for prior years becaus a of an
exemption granted to a previous owner of the property under Section 11.13, Texas ax C ode, or
because of Improvements not assessed for a previous tax year. (if Texas Short Form Residential
Mortgagee Policy of Title Insurance (T-211) Is Issued, that policy will substitute'which beco me due
and payable subsequent to Date of Policy'in Ileu of"for the year 2008 and subsequent years")
6. The terms and conditions of the documents creating your Interest in the land.
7. Materials furnished or labor performed in connection with planned construction before 91gr Ing and
delivering the lien document described in Schedule A, if the land is part of the homestea I of the
owner. (Applies to the Mortgagee Title Policy Binder on Interim Construction Loan only, and may be
deleted if satisfactory evidence is furnished to us before a binder Is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured
mortgage.(Applies to Mortgagee Policy(T-2)only.)
0. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Shot Form
Residential Mortgagee Policy of Title Insurance (T-2R), (Applies to Texas Short Form Re identlal
Form T-7:Commitment for Title Insurance 7876-08,1055
Mortgagee Policy of Title Insurance(T-2R)only.Separate exceptions 1 through 8 of this Schedule B
do not apply to the Texas Short From Residential Mortgagee Policy of Title Insurance Cr-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters
(We must Insert matters or delete this exception.):
A. An.easement Six(6)feet In width along the rear property line for use of public utilities,
together with an unobstructed aerial easement adjoining thereto, being five(6)feet wide from
a plane twenty(20)feet above the ground upwards,as shown per the recorded Plat thereof.
B. Ameasement Twelve(12)feet in width along the Northwesterly property line for use of public
utilities, together with an unobstructed aerial easement adjoining thereto,being five(6)feet
wide from a plane twenty(20)feet above the ground upwards,as shown per the recorded
Plat thereof.
C. A guy easement Three(3)feet in width Commencing at the southeasterly most portion of the
rear property line of the subject properly, Extending upward,for a distance of thirty-five(35)
feet, as shown on the recorded plat of said addition.
D. A building set back line forty(40)feet in width across the front property line of subject
property as shown per the recorded Plat thereof.
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E. A I'll 6th royalty Interest in all oil, gas and other minerals on, in under or that Maybe
produced from the subject property is excepted here from, as same Is set forth in instrument
recorded in Volume 697, Page 687, of the deed records of Galveston County, Texas.Title
to said Interest has not been traced further.
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F. A 1y8th royalty Interest In all oil, gas and other minerals on, in under or that May be
produced from the subject property is excepted here from, as same is set forth in Instrument
recorded In Volume 1609, Page 22, of the deed records of Galveston County, Texas.Title
to Bald interest has not been traced further.
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G. Terms, conditions and stipulations connected with that certain mineral estate created under
oil?nd gas lease recorded In Volume 1020, Page 474, of the deed records of Galveston
County, Texas.(said lease has not been traced further)
H. Terms, conditions and stipulations connected with that certain mineral estate created under
oil Ond gas lease recorded in Volume 1276, Page 127, of the deed records of Galveston
County, Texas.And in Volume 726, page 126 of the deed records of Brazoria County,
Texas.(said lease has not been traced further)
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1. Subject to the pipeline right of way in Volume 1111,at page 632 of the deed records of
Galveston County,Texas.
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J. Subject to the zoning ordinances now In force in the City of Friendswood, Texas.(owner
policy only)
K. Rights of parties In possession.(owner's title policy only)
L. The subject property Iles within the boundaries of GALVESTON CONSOLIDATED
DRAINAGE DISTRICT. (Owner Policy Only)
M. Building set back line Fifty(60)feet in width per city code from pipeline easement across the
northwest property line of subject property as shown by survey prepared by Robert D. Ellis,
R.P. L.S. No.4006 dated March 27,2008.
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FormT-7:Commitment for Title Insurance 7675-08-1055
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j SCHEDULE C
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Your P Iicy,will not cover loss, costs,attorneys fees,and expenses resulting from the following
require nents that will appear as Exceptions in Schedule B of the Policy,unless you dispose of these
matter to Sur satisfaction, before the date the Policy is issued:
1. Do uments creating your title or interest must be approved by us and must be signed, notarized and
file I for record.
2. Sa(isfaetory evidence must be provided that:
r`no person occupying the land claims any Interest In that land against the persons named
in paragraph 3 of Schedule A,
all standby fees,taxes, assessments and charges against the property have been paid,
a
all improvements or repairs to the property are completed and accepted by the owner,
and that all contractors,sub-contractors, laborers and suppliers have been fully paid, and that no
mechanic's,laborer's or materialmen's liens have attached to the property,
there is legal right of access to and from the land,
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(on a Mortgagee Policy only)restrictions have not been and will not be violated that affect
the validity and priority of the insured mortgage.
3. Yo4 must pay the seller or borrower the agreed amount for your property or Interest.
4. An defect, lien or other matter that may affect title to the land or Interest insured, that arises or is
file after the effective date of this Commitment.
5. NC TE:r Procedural Rule P-27 as provided for in Article 9.39A of the Texas Insurance Code requires
the "Good Funds"be received and deposited before a Title Agent may disburse from Its Trust Fund
Ac ounIL
6. The subject property lies within the boundaries of GALVESTON CONSOLIDATED DRAINAGE
DIEE TRICT. Requirement: pursuant to V.T. C.A.Water code, sections 60. 301 and 50. 302 proper
not cesiln statutory form must be given to the purchaser.
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7. No e: vie find No outstanding mortgage liens of record affecting the subject properly. An Inquiry
should he made concerning the existence of any unrecorded Lien or other Indebtedness which could
giv rise to any security Interest in the subject properly.
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8. Da erIne the marital status of the record owner(s)from the date of acquisition to the present.If the
roc rd towner(s) Is/are married the joinder of spouse must be secured If the subject property
car stitutes any part of their homestead. If there has been a change in the marital status subsequent
to ate'of acquisition you must satisfy yourself to the effect that there is no outstanding interest.Note:
pie ise advise examiner of the full name of the spouse so that a name search can be procured.
9. Proposed Insured Will be required to execute A waiver of Inspection at the time of closing, and an
exyleptlon to "rights of parties in possession"WIII be contained In the owner's policy when Issued;
hotievir, the proposed Insured May request that this exception be omitted, In which case the
company WIII require that an Inspection be conducted by Its agent, for which an Inspection fee May
be oh4ged, and the company reserves the right to make additional exceptions In the policy to
in lers'revealed by the Inspection,
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For T 7�:Commitment for Title Insurance 7876-08-1055
Note to Closer:A search of the following name(s)Bayway Homes, Inc., listed as Purchasers
herein;reflects the following Federal Judgments, National Liens or listed on the Anti-terrorist list,
which may apply: none.
Note to Closer:Title Is vested as shown above by General Warranty Deed,dated October 20,
2006,filed for record October 24, 2006 under Galveston County Clerk's File No.2000072374,
from Glen W.Adams and wife,Margaret Adams to Vincent Q. Nguyen. - —" .__._. '. ._ -
Note to Lender:We have examined the records in the office of the County of subject property for
the past 24 months and found the following Deeds:2006072374.
Note to closer: this examination Includes the following; that the underwriter guidelines have been
checked to allow A T-19 endorsement to be issued, subject to the payment of assessments
having;been paid, the release of right of first refusal, if required above. However subject to
underwriter approval of encroachments or violation of restrictions if any shown on survey.
Texas American Title Company
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Authorized Officer or Agent
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This Commitment is invalid unless the Insuring provisions and Schedules A, 8, and C are
attached.
MS/JL
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Form T-7:Commjtmont for Title Insurance 7875-08-1055
SCHEDULE D
You are entitled to receive advance disclosure of settlement charges in connection4ith the
proposed transaction to which this Commitment relates. Upon your request, such dlsclo ure will
be made to you. Additionally, the name of any person, firm, or corporation receiving *y sum
- - -.. . _.-..-
from the settlement of this transaction will be disclosed on the closing or settlement state enl:�•� -�' '- - - -- - --- •- ••--•-
You are further advised that the estimated title premium*is:
Owners Policy $762.00
Mortgagee Polio $2408.00
Endorsement Charges $241.60
Total $3411.60
Of this amount:$<->(or 15%)will be paid to the policy issuing Title Insurance Company; <->
(or<-> %)will be retained by the Title Insurance Agent;and the remainder of the eslimat d
premium will be paid to other parties as follows:
AMOUNT TO WHOM FORSERVIC S
0 <-Enter fee att /OOCname> <-entorservice>
0 <-Enter fee att /OOC name> <-enter service>
*The estimated premium Is based upon information furnished us as the date of this Coml nitment
for Title Insurance. Final determination of the amount of premium will be made at closing in
accordance with the Rules and Regulations adopted by the State Board of Insurance
The name of the insurance agent Issuing this commitment is Texas American Title Compa iy.
The shareholder owning one percent or more of Texas American Title Company Is Title R source
Group, LLC, he shareholder owning ten percent or more of Title Resource Group, LLC is
Realogy Services Group, LLC.
The names of the directors and executive officers of Texas American Title Company are:
DIRECTORS
C.Patteson Cardwell,IV,Director; Donald J.Casey, Director; David J.Weaving, Director; erb L.
Williams, Director; Pam Roberson, Director;Albert F.Jackson, III, Director;Kim Sobieski,
Director;
OFFICERS
Herb L.Williams,President;Anthony E. Hull, Executive Vice President, Finance; Donald J
Casey, Executive Vice President;Pam Roberson, Executive Vice President; Michael P.G zdan,
Senior Vice President,General Counsel and Secretary; Richard S.Metsner, Senior Vice
President and Assistant Secretary;Tom Rispoli, Senior Vice President and Chief Financia
Officer;Jonathan M.Silver, Vice President and Assistant Secretary;Joseph J. Huber,Vic
President,Tax; Brian Ahlquist,Assistant Secretary
The following individuals are directors and/or officers,as indicated of Alamo Title insuranc
DIRECTORS
William P. Foley, 11; Ronald R.Maudsley; Raymond R.Quirk;Christopher Abbinante;Alan
Stinson. Frank P.Willey;John A.Wunderlich
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Form T-7:Commitment for Title Insurance 7875-08-1055
OFFICERS
William P. Foley, II, Chairman of the Board;John A.Wunderlich, Chief Executive Officer; Ronald
R. Maudsley, President;Alan L. Stinson, Chief Financial Officer; Patrick G. Farenga,Treasurer;
Todd C.Johnson,Sr.Vice President/Secretary
Alamo Title Holding Company owns 100% of Alamo Title Insurance, and Fidelity National•-- -_.._...._.
Financial, Inc,owns 100% of Alamo Title Holding Company
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Form T-7:Commitment for Title Insurance 7875-08-1055
Alamo Title Insurance Company
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and
cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to
arbitrate, you give up your right to take the Title Company to court and your rights to discovery of
evidence may be limited in the arbitration process. Further, an arbitrator's award is not normally
appealable In court.
Your policy contains an arbitration provision (shown below). it allows you or the Company to
requlreiarbitration if the amount of Insurance is$1,000,000 or less. If you want to retain your right
to sue the Company in case of a dispute over a claim,you must request deletion of the arbitration
provision before the policy is Issued. You can do this by signing this form and returning it to the
Company at or before the closing of your real estate transaction or by writing to the Company.
The Arbitration provision in the Policy is as follows:
Unless;prohibited by applicable law or unless this arbitration section is deleted by specific
provision in Schedule B of this policy, either the Company or the Insured may demand arbitration
pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.
Arbitrable matters may include, but are not limited to, any controversy or claim between the
Company and the Insured arising out of or relating to this Policy, and service of the Company in
connection with its Issuance or the breach of a policy provision or other obligation. All arbitrable
matterswhen the Amount of Insurance Is$1,000,000 or less SHALL BE arbitrated at the request
of either the Company or the Insured, unless the insured is an individual person (as distinguished
from alcorporatlon, trust, partnership, association or other legal entity). All arbitrable matters
when the Amount of Insurance is in excess of$1;000,000 shall be arbitrated only when agreed to
by both:the Company and the Insured. Arbitration pursuant to this Policy and under the Rules in
effect on the date the demand for arbitration is made or, at the option of the Insured, the rules in
effect at the Date of Policy shall be binding upon the parties. The award may include attorneys
fees only if the laws of the state in which the land is located permit a court to award attorneys'
fees to. a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
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I request deletion of the Arbitration provision.
SIGNATURE DATE
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SIGNATURE DATE
NAME OF TITLE AGENT GF NUMBER OR FILE NUMBER
Delellon.ofArbitration 7875-08-1055
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Privacy Policy Notice
't
PURPOSE OF THIS NOTICE
Title Vof the Gramm-Leach-Bliley Act(GLBA) generally prohibits any financial institution, directly
or h o igh Its affiliates,from sharing nonpublic personal Information about you with a nonaffiliated
IN party unless the institution provides you with a notice of its privacy policies and practices,
su�It as the type of Information that it collects about you and the categories of persons or entities
to whom it may be disclosed. in compliance with the GLBA, we are providing you with this
document, which notifies you of the privacy policies and practices of Alamo Title Insurance
Company and Texas American Title Company.
We may collect nonpublic personal Information about you from the following sources:
J $
I � information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or
Ott ers
Information we receive from a consumer reporting agency.
Information that we receive from others Involved in your transaction, such as the real
as ate agent or lender.
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UnJessr it Is specifically stated otherwise In an amended Privacy Policy Notice, no additional
nohpu511c personal Information will be collected about you.
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W may disclose any of the above Information that we collect about our customers or former
cu tonlers to our affiliates or to nonaffiliated third parties as permitted by law.
W ais may disclose this information about our customers or former customers to the following
types 4f nonaffiliated companies that perform marketing services on our behalf or with whom we
hate J6int marketing agreements:
s
Financial service providers such as companies engaged in banking, consumer finance,
I securities and insurance.
Non-financial companies such as envelope stuffers and other fulfillment service
pr viders.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
Al NONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
kn)w that information in order to provide products or services to you. We maintain physical,
elgctrohic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
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only the approximate relative bcatbn ofpopedy boundaries.Gov.C.§2501.102,The user is encouraged to independently verity all inlormation contained in this product The City of Fnendswwd makes no
representation or warranty as to the accuracy of this product or to its fibess fora particular purpose.The user.(1)accepts the product AS IS,WITHAL L FAULTS,(2)assumes all responsibility for the use thereof,
and 3 releases the City of Friendsxnodhorn any damage,loss,or habibtyansingimmsuchuse.
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14
Michelle A. Perez
From: Morad Kabiri
Sent: Thursday, December 20, 2012 1:18 PM
To: Arnold Polanco
Cc: Nick Haby; Melinda Welsh; Mona Miller; Michelle A. Perez;Toni Yeager
Subject: FW:easement abandonment - 1310 Steele Drive
Attachments: Ord 2013-XX vacation of public easement(1310 Steele).doc, Quitclaim deed
(Skeele).doq Exhibit A.pdf
Thanks Arnold. Both look good. As suggested, I've attached the survey to serve as an exhibit to the Ordinance and
Quitclaim deed.
Morad Kabiri, PE,AICP
Assistant City Manager
City of Friendswood,Texas
281-996-3203; 281-482-3722 (fax)
This e-mail message may contain Information,which is legally privileged. The information is intended only for the use of the recipients)named above. Any
disclosure,copying,distribution,use,or action in reliance upon the contents of this transmitted information by anyone other than the intended recipient(s)is strictly
prohibited. If you have received this transmission in error,please notify me immediately by replying to this message or by telephone at(281)996-3250.
From: Arnold G. Polanco [mailto:apolanco@rossbanks.com]
Sent: Thursday, December 20, 2012 11:26 AM
To: Morad Kabiri
Cc: Nick Haby; Mona Miller
Subject: RE: easement abandonment- 1310 Steele Drive
MO:
Please see the attached draft ordinance and quitclaim deed for the referenced abandonment. I suggest that the Ellis
survey serve as Exhibit"A"for both the ordinance and easement.
Thanks.
Arnold G. Polanco
Ross, Banks, May, Cron&Cavin, P.C.
2 Riverway,Suite 700, Houston,Texas 77056
713-626-1200 Fax 713-623-6014
Web page<www.rossbanks.com>
E-mail<aoolancoC@rossbanks.com>
**ATTENTION PUBLIC OFFICIALSH
Please note that any correspondence,such as e-mail or letters,sent to City staff or City officials may become a public record and made available for
Public/media review. Also,a"Reply to All"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
From: Morad Kabiri [mailto:mkabiri(cbci.friendswood.tx.us]
Sent: Wednesday, December 19, 2012 1:55 PM
To: Arnold G. Polanco; Nick Haby
Subject: RE: easement abandonment - 1310 Steele Drive
Good afternoon Arnold,
1
I understand your comments. However, to maintain consistency with past instances in which a private easement was
being abandoned or reduced in size (outside a replat application/process), let's do so by ordinance. Thanks.
Morad Kabiri, PE,AICP
Assistant City Manager
City of Friendswood,Texas
281-996-3203; 281-482-3722 (fax)
This e-mail message may contain Information,which is legally privileged. The information is intended only for the use of the reclplent(s)named above. Any
disclosure,copying,distribution,use,or action in reliance upon the contents of this transmitted information by anyone other than the intended recipient(s)is strictly
prohibited. If you have received this transmission in error,please notify me immediately by replying to this message or by telephone at(281)996-3250.
From: Arnold G. Polanco [mailto:apolanco(a)rossbanks.com]
Sent: Wednesday, December 19, 2012 11:39 AM
To: Morad Kabiri; Nick Haby
Subject: RE: easement abandonment- 1310 Steele Drive
Mo:
The recorded plat does show an encumbrance on the lot in question for the guy wire easement along with the utility
easement which is contiguous with the rear lot line. Note 1 of the plat provides for the dimensions of"all guy
easements(G.E.)" as being 3'X 35' but no specification as to whom the easement is dedicated. As best I can tell, the
general dedicatory language of the plat dedicates to public use the"streets, alleys, parks, and easements shown
thereon." It is perhaps this language which suggests to the applicant that a city abandonment is necessary. If you are
confident that the easement is not public, a quitclaim from the city would not be necessary and, likewise, a companion
ordinance would not be necessary.
There would certainly be no harm to the City in approving the ordinance and quitclaim, but it would seem superfluous.
Please let me know how you wish to proceed.
Thanks.
Arnold G. Polanco
Ross, Banks, May, Cron&Cavin, P.C.
2 Riverway,Suite 700, Houston,Texas 77056
713-626-1200 Fax 713-623-6014
Web page<www.rossbanks.com>
E-mail<apolanco(@rossbanks.com>
** ATTENTION PUBLIC OFFICIALS!!
Please note that any correspondence,such as e-mail or letters,sent to City staff or City officials may become a public record and made available for
Public/media review. Also,a"Reply to All"of this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the sender.
From: Morad Kabiri [mailto:mkabiri(dci.friendswood.tx.us]
Sent: Wednesday, December 19, 2012 8:56 AM
To: Arnold G. Polanco; Nick Haby
Subject: RE: easement abandonment - 1310 Steele Drive
Arnold,
You are correct that the easement in question is not public,and that a quit claim deed is unnecessary. Is an ordinance
unnecessary as well?
2
Morad Kabiri, PE,AICP
Assistant City Manager
City of Friendswood,Texas
281-996-3203; 281-482-3722 (fax)
This e-mail message may contain information,which is legally privileged. The information is intended only for the use of the recipient(s)named above. Any
disclosure,copying,distribution,use,or action in reliance upon the contents of this transmitted information by anyone other than the intended recipient(s)is strictly
prohibited. If you have received this transmission in error,please notify me immediately by replying to this message or by telephone at(281)996-3250.
From: Arnold G. Polanco [mailto:aoolanco(cbrossbanks.com]
Sent: Wednesday, December 19, 2012 8:38 AM
To: Nick Haby
Cc: Morad Kabiri
Subject: Fwd: easement abandonment - 1310 Steele Drive
Nick: forwarding this in reply to your email of this morning. Section 70-25(c) of the Code of Ordinances
provides for passage of an ordinance and preparation of a quitclaim when abandoning a public right of way or
easement. I can certainly prepare but just wanted to make you aware that there is an indication by Mona that the
easement in question is not public.
Thanks.
Arnold
Sent from my iPad
Begin forwarded message:
From: "Mona Miller" <mmiller@ci.friendswood.tx.us>
Date: December 18,2012,2:09:28 PM CST
To: "Arnold G. Polanco" <aapolancoCcr�,rossbanks.com>
Cc: "Rene Ibarra" <ribarra n,ci.friendswood.tx.us>
Subject: RE: easement abandonment - 1310 Steele Drive
3
I don't believe we need the quit claim deed because it is not city property. It was dedicated by
plat as a guy wire easement for the utility companies. I'll attach a copy of the plat for your
reference (see Lot 13, Block 12). It's my understanding that we just need the ordinance to
approve the abandonment since we have the letters from the utility companies.
From: Arnold G. Polanco [mailto:apolanco(arossbanks.com]
Sent: Monday, December 17, 2012 11:41 AM
To: Mona Miller
Cc: Rene Ibarra
Subject: RE: easement abandonment - 1310 Steele Drive
Mona:
I have the ordinance and quitclaim deed forms that we used for the Majestic Lane roadway
abandonments, which I can adapt for the purposes of this abandonment. However, in Morad's email to
you of November 28, am I understanding correctly that the City has no legal interest in this easement? If
so, is the ordinance and quitclaim needed? The title policy indicates that the easement was dedicated by
plat. Was it dedicated to the City?
Thanks.
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Arnold
Arnold G. Polanco
Ross, Banks, May, Cron & Cavin, P.C.
2 Riverway, Suite 700, Houston, Texas 77056
Web page www.rossbanks.com
E-mail apolanco(o)rossbanks.com
** ATTENTION PUBLIC OFFICIALSII
Please note that any correspondence, such as e-mail or letters, sent to City staff or City officials
may become a public record and made available for Public/media review. Also, a "Reply to All" of
this e-mail could lead to violations of the Texas Open Meetings Act. Please reply only to the
sender.
From: Mona Miller [mailto:mmillerCalci.friendswood.tx.us]
Sent: Thu 12/6/2012 10:15 AM
To: Arnold G. Polanco
Cc: Rene Ibarra
Subject: easement abandonment- 1310 Steele Drive
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Good morning! We are placing an application for an abandonment of an casement on the January 7°i
agenda. We plan to have the JPH and the ordinance action on the agenda that night; therefore,can you
please prepare the ordinance for it? I am attaching the supporting documents. Please let me know if you
need anything else for it.
Mona Miller
Plainer
City of Friendswood
910 S. Friendswood Drive
Friendswood, Texas 77546
Office 281-996-3290
Fax 281-996-3260
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