HomeMy WebLinkAboutLeavesly Park - General Warranty Deeds - REGENCY ESTATES 8131802 D E E D 001 -43- 1868
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON
That BRANSCOME DEVELOPMENT COMPANY, INC. , a Texas corporation, of
the County of Harris in the State of Texas, for and in consideration of
the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable
consideration to it in hand paid by the CITY OF FRIENDSWOOD, the receipt
and sufficiency of which is hereby acknowledged and confessed;
HAS GRANTED, SOLD and CONVEYED, and by these presents, subject to
the reservations and exceptions hereinafter contained, does GRANT, SELL
and CONVEY unto the said CITY OF FRIENDSWOOD, of the County of Harris in
the State of Texas, all that certain land and property described as
follows, to-wit:
All those two (2) certain tracts or parcels of land containing 3.8
acres and 1 .2 acres and being respectively described as Recreation
Reserve "A" and Recreation Reserve "B" on the plat of REGENCY ESTATES
SUBDIVISION, a subdivision out of the Sarah McKissick League in Galveston
County, Texas, according to the map or plat thereof recorded in Volume
15 at Page 146 et seq. of the Map Records of Galveston County, Texas.
This conveyance is made and accepted subject to all restrictions,
reservations, covenants, conditions, rights of way, and easements, of
record, enforcible and binding on Grantor on this date, if any, affecting
the above described property.
TO HAVE AND TO HOLD the above described premises, together with all
and singular the rights and appurtenances thereto in anywise belonging
unto the said CITY OF FRILNDSWOO D, its successors and assigns, FOREVER;
and
Grantor does hereby bind itself, its successors and assigns, to
WARRANT and FOREVER DEFEND, all and singular, the said premises unto the
said CITY OF FRIENDSWOOD, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same, or any part
thereof.
Taxes for the year 1981 are prorated as of the date of this deed,
. i.
001-43-1869and payment thereof is to be made by the Grantee.
EXECUTED, this the 8th day of September, A.
ATTEST:
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Herber'tI. McDonald, Secretary
THE STATE OF TEXAS �
COUNTY OF HARRIS �
D.1981.
BEFORE ME, the undersigned authority, on this day personally appeared EUGENE H. BRANSCOME, JR., President of BRANSCOME DEVELOPMENT COMPANY, INC., 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, in the capacity therein stated, and as the act and deed of said corporation.
of ,/--. , A. D. 1981. Jt/-c:£ day
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.. ·::-;:-�-�:��NDER MY HAND AND SEAL OF OFFICE, this the
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GENERAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF GALVE STON
KNO W ALL MEN BY THESE PRESENTS:
THAT, GREAT AMERI CAN HOMES, INC. a Texas corporation, acting herein by and through its duly authorized Officers, hereinafter called Granter (whether one or more) for and in consideration of the sum of Ten and No /100 Dollars ($1 0.00) cash and other good and valuable consideration in hand paid to said Granter by THE CITY OF FRIENDSWOOD, a Municipal Corporation organized and existing under the Laws of the State of Texas, hereinaf ter called Grantee, (whether one or ·more), the receipt and sufficiency of which is hereby acknowledged, have GRANTED,· SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto Grantee, all that certain property situated in GALVESTON Co unty, Texas, described as follows, to-wit:
LOT ONE ( 1), in Block Eight (8), of REGENCY ESTATES, SE CTION IV; Sarah McK issick Survey, Abstract 151, according to the plat filed in Volume 15, Page 181 of the Map Records of Galveston County, Texas, SAVE AND
EXCEPT 0.73406 acres of land out of Lot 1, Block 8, said 0,73406 acres being more particu larly described by metes and bounds in EXHBIT "A" atta�hed hereto and incorporated herein by ref erence and made a part hereof.
This conveyance is made subject to all easements and valid restrictions if any, applicable to and enforceable against �he above described property as reflected by the records of the Co unty Clerk of GALVESTON County, Texas.
This Convey�nce is also made subject to the follow ing:
1.Waiver as to the use of the surface as desc ribed on Film CodeNo. 002-84-0396 in the Official Public Records of Real Property of Galveston Co unty, Texas.
2.A reservation of 1132nd royalty interest in and to the oil, gasand other minerals on, in, under or that may be produced from the subject property as set forth in instrument recorded in Volume 1671, Page 315, in the Office of the County Clerk of Galveston Co unty, Texas.
3, Maintenance Ass essments as described in instrument recorded in Volume 3352, Page 830, in the Office of the County Clerk of Galveston County, Texas.
TO ��VE AND TO HOLD the above described pr emises, together with all and singular, the rights and appu rtenanc�s thereto in any wise belonging,
unto Grantee., his heirs and assigns, forever; and, Grantor does hereby bind himseif, his heirs, executors and adm inistrators, to WARRANT and FOREVER DEFEND, all and singular the said premises unto Grantee, his heirs and assigns, against every person whomsoeyer lawfully claiming, or to claim the same , or any part thereof.
Taxes for the current year have been prorated as of the date hereof and Grantee assumes and agrees to pay the same.
When Grantor and/or Grantee are more than one entity, the pertinent nouns, verbs and pronouns shall be construed to correspond. When Grantor
and/or Grantee are a corporation and/or trustee, ·the pertinent words
11 heirs, executors and administrators" and/or 11 heirs and assigns" shall be construed to mean "su ccessors and assigns", respectively. Reference to any gender shall include either gender and, in the case of a corporation, shall include the neuter gender, all as the case may be.
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RESOLUTION NO .. Rl4-84
A RESOLUTION AUTHORIZ.ING THE MAYOR TO EXECUTE AND THE CITY SEC RETARY TO �TTEST, GENERAL WAR RANTY DEEDS CONVEYING CERTAIN PROPERTIES IN REGENCY ESTATES SU BDIV ISION TO GREAT AMERICAN HQ'MES, INCORPORATED IN EXCHANGE FOR RIGHTOF-WAY ALONG FM 528, FOR GOOD AND VALUABLE CONSIDE RATION, AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT.
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WH�REAS , t�e City of Friends wood desires to prov ide addi tional
right-of-way along FM 528, to en abl e the Texas Department of High
way s and Tran sportation to widen said FM 528;
WHEREAS, Great Am erican Homes,Incorporated·has :agreed to convey
an adequate-amount of right-of-way for this purpose from their
proper ty in Regency Estates Subdivision in re turn for app roximately
the same amount of property;·
BE IT RESOLVED BY THE CITY COUN CIL OF THE CITY OF FRIENDSWOOD, STA�E OF TEXAS:
The Mayor is hereby au thoriz ed to execute and the City Secretary
is hereby authorized to attest the Genera l Warranty Deeds conveying
to Gre�t American Homes, Incorporated, ·Lots 38, 39 and 40 as shown
on a partial replat of Regency Estates Subdivision ac cord ing to the
map recorded in Volume 17, Page·l29 in the County Clerks Office,
Galveston County, Texas, in exchange for certain right�of-way along
FM ... 528.
PASSED; APPROVED AND ADOPTED THIS 14th DAY OF MAY, 1984.
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ATTEST:
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Lot One (1) Block Eight ,(8) , Regency Estates, Section IV,
Sarah McKissick Survey, Abstract 151, according to the
Plat filed in Volume 15, Page 181, Galveston County Map
Records, Galveston County, Texas, SAVE AND EXCEPT 0.73406
acres of land out of Lot 1, Block 8; said 0.73406 acres
being more particularly described by metes and bounds
as follows:
BEGINNING at the most northwesterly corner of Lot 1, Regency Estates,Section IV,
as described above, for the most northwesterly corner of this portion described,
and being in the southwesterly right-of-way of Windsor Drive;
THENCE S. 450 26' 00" E. a distance of 75.00 feet along said southwesterly
right-of-way of Windsor Drive to a point in the proposed new northwesterly
right-of-way of F. M. 528;
THENCE S. 440 34' 00" W. along the new proposed right-of-way of F. M. 528 a
distance of 445.92 feet to a point for the most southeasterly corner of this
tract being described, said point being in the center line of Chigger Creek;
THENCE N. 820 55' 27" W. along said center line of Chigger Creek a distance of
18.22 feet to an angle point;
THENCE N. 050 01' 54" E. along said center line of Chigger Creek, a distance of
95.12 feet to the most southwesterly corner of Lot 1 and this tract being
described;
THENCE N. 440 34' 00" E. a distance of 383.65 feet to the PLACE OF BEGINNING,
and containing 0.73406 Acres of Land.
EXHIBIT "A"
EXE CUTED this /47J-lday of MA,/ A.D., 1984. 7
ATTEST:
BY : ..--/ ( .�:--J'--1'�_,,e ,,__)
THE STATE OF TEXAS )
COUNTY OF HARRIS )
GREAT AMERICAN HOMES, INC.
BY:&L liL1: zElmo L. Robinson, J r., Presict�J
This instrument was acknowledged before me, on this the 14:n:Iday of MA,/ A.D., 1984, by-�U:::\D L,RDBIW-'?o"-.1 1 ,\B, as ---' President of GREAT AMERICAN HOMES, INC., a Texas Corporation, on behalf of said corporation.
GRANTEE'S MAILING ADDRESS:(Name ) City of Friendswood (Address) 109 Willowwick Friendswood2 Texas 77546
GRANTEE'S MAILING ADDRESS: (Name ) _____________ _ (Address) ___________ _
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NOTARY PUBLIC, STATE OF �XAS Ca s !J a Yl ,efC?t. Al /i ¥" � a.J a / /J� Printed Name of Notary
lMy Commission Ex-pires: /J-t!f-cfl
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NOTICE THE STATE OF TEXAS COUNTY OF GALVESTON Prepared by the State Bar of Texas for use by Lawyers only. Reviewed 1-1-76. To select the proper form, fill in blank spaces, strike out form provisions or insert special terms constitutes the practice of law. No "standard form" can meet all requirements.
PARTIAL RELEASE OF LIEN } KNOW ALL MEN BY THESE PRESENTS, THAT the undersigned, of the County of ......... H�r.r.j_�················································, and State of Texas, the present legal and equitable owner and holder of that one certain promissory note in the original principal sum of .... SEVENTY-.Fl'JETHOUSAND .. AND N0/100 ----------------------------------------------------································································································Dollars ($ ... 75.,000.00 ..................... ) dated ................... . .. February.6, 1978 ....... , executed by .EUGE NE.H •.. BRANSCOME., .. JR •. , .. TRUST EE .................................................. .payable to the order of ... GENE .. BRAN.S.COME. .. lN\f ES.IME.N.T.S.� . .INC .•. � .. a .. J.e.xas ... c.o.rP.or.a.tj.on. ................................ , more fully described in a ...... 0.�.�9 .. .9.f . .IrJJ.$J . .l.i.�.D. ........................................... , duly recorded in Vol... .. ?.�.?..Q ........... .page ...... ! .. �.? ............ of the ... g.�.�� ... ?.f. . .I!::�.�.� .. �.�·�·�·········· Records of ....... ��I.�.�.�.!��······················ County, Texas; said note being secured by .... 0.��9 ... 0.f .. Ir.Y.$.t.J..i.�.l'.l. ...................................................................................................... . against, AMONG OTHER PROPERTY, the following described property, to-wit: All those two (2) certain tracts or parcels of land containing 3.8 acres and 1.2 acres and being respectively described as Recreation Reserve "A" and Recreation Reserve 11 8 11 on the plat of REGENCY ESTATES SUBDIVISION, a sub division out of the Sarah McKissick League in Galveston County, Texas, according to the map or plat thereof recorded in Volume 15 at Page 146 et seq. of the Map Records of Galveston County, Texas. for a good and valuable consideration paid to the undersigned, the receipt and sufficiency of which is hereby acknowledged, hereby RELEASES and DISCHARGES the above described property from said lien or liens. BUT it is expressly agreed and understood that this is a PARTIAL RELEASE and that the same shall in no wise release, affect or impair said lien or liens against any other property in said instrument mentioned. EXECUTED this .......... �.t.h ........ day of ........ ��P.t.�.rrrl;>.�r ........... , A.D. 19 .... ?.J... .. . 6 ... GO�O� t�j¢�rn,., ......... =·········· ��·'·Y����€K�
THE ST A TE OF TEXAS
COUNTY OF
(Acknowledgment)
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Before me, the undersigned authority, on this day personally appeared
known to me to be the person ............ whose name .................. subsc ribed 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 on this the day of
Notary Public in and for
, A.O. 19
County, Texas.
My commission expires .................................................... , 19 ........ .
THE ST A TE OF TEXAS
COUNTY OF }
(Printed or stamped name of notary)
(Acknowledgment)
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 on this the day of
Notary Public in and for
, A.O. 19
County, Texas.
My commission expires .................................................... , 19 ........ .
(Printed or stamped name of notary)
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(Corporate Acknowledgment)
THE ST A TE OF TEXAS
COUNTY OF HARRIS }
Before me, the unclersigned authority, on this day personally appeared EUGENE H. B RANSCOME � JR.Pres i dnet of GENE BRANSCOME INVESTMENTS� INC.
a corporation, 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, in the capacity therein stated and as the act and deed
of said corporation.
Given under my hand and seal of office on this the
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A��A�81
Notary Puffic in and for Harris O County, Texas.
My commission expires ..... �#-----····························• 19./.:-J.:-': -=---: -v.: '-:-! ;-::. '.
(Printed or stamped name of notary)
� r -·, 6ce 8131805. 001-43-1878
NOTICE THE STATE OF TEXAS COUNTY OF GALVESTON Prepared by the State Bar of Texas for use by Lawyers only. Reviewed 1·1·76. To select the proper form, fill in blank spaces, strike 01,t form provisions or insert special terms constitutes the practice of law. No "standard form" can
meet all requirements.
PARTIAL RELEASE OF LIEN
} ; KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, of the County of ...... J:1.�.rr._1.� .................................................. , and State of Texas, the present legal and equitable owner and holder of that one certain promissory note in the original principal sum of .... JIVE. HUNDRED .. ElGHTY-SEVEN. THOUSAND .. AND .. N0/1 OO .. ---------------------------------------··································;::�:���.-=.-=�·�(:�:�.�:�.�:-:�.�.-:.�.�;;::_.:·�:�:.Dollars ( $.:581.►000�DD. .................... ) dated ................... . February 6.Ll.978� .. -.. ·� .. ex�cuted by ...... EUG ENE .. H •.. BRANSCOME LJR •. LTRUST EE ............................................. . payable to the order of ... -···ALL I ED .. BANK .. OF. TE XAS ................... · ............................................................................... , more fully described in a ...... Og.e.9 ... Qf..Ir.us:t. ..................... : ............................... , duly recorded in VoL. .. 2.9!l.8 ........... .page ......... 7.Zl ........ of the C.9.!.mtY ... CJ.�.r.K�.s ... o.ffj_�.e ..... ,. ��� of ........ G.a.lY.'.��.t.o.n ..................... County, Texas; said note being s�cured by .... R��.� .. Qf...lr\.!�.t..JJ�!L .... , ... : .......................................................................................... .against, AMONG OTHER PROPERTY, the following described property, to-wit: All those two (2) certain tracts or parce ls of land contafoing 3.8 acres and 1.2acres and being respec tively desc;r.i_re.d as ·Recre.ation Reserve "A" and Recreation Reserve 11 B 11 on the plat of RE GENCY ESTA·TE S SU�DIVI SION, a su bdivision out of the Sarah McKissick League in Galveston County, Texas,-according to the map or plat thereof recorded in Volume 15 at Page 146 et seq. of the Map Records of Galveston County, Texas. i! • ' ;_1 \
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' .,. ,,,, -...::.,�.::��/.' -�·t ;_;, •� ••:� -��:� ,,:-•�-�•I� it ' '.•, • -��•• ••• :. �. '":: .-., for a good and valuable consideration paid to the undersigned, the receipt;�a1�Jy(fi�i���y'.'.o'f::.�.hi�h-; i; ''h�;eby acknowledged, hereby RELEASES and DISCHARGES the above desc.rib.eti -.property from said lien or liens. BUT it is expressly agreed and understood that this is a PARTIAL RELEASE and that the same shall in no wise release, affect or impair said lien or liens against any other property in said instrument mentioned. EXECUTED this .......... �.th ........ day of ...... ?.�R.t.����r. ............. , A.D. 19 .... �L .. .ATT EST: �ck�asie�
�o-S/1 ('( L. Ede \_tyzA,r{ .. ALLI.ED .. BANK .. OF .. TEXAS ................................................. . A__�& ..... � .. � .... ···BY·•··········�········· Vic �t
THE ST A TE OF TEXAS
COUNTY OF
(Acknowledgment)
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Before me, the undersigned authority, on this day personally appeared
001-43-1879
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 on this the day of
Notary Public in and for
, A.O. 19
County, Texas.
My commission expires .................................................... , 19 ........ .
(Printed or stamped name of notary) STATECF?WS co� h1'Y Oc GAl.l'ESTO;, f llereby certify !flat tltis instrument was filed on thedae and time stamped hereon II, me and was dut:, recotdtll ill tile Official Public R!.COl'ds of Real l'ltperty at &alwtstmQianty, Tws, on
THE ST A TE OF TEXAS
COUNTY OF }
(Acknowledgment) NOV 5 1981
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 on this the day of
, .... . .. . .... Notary Public in and for
, A.O. 19
County, Texas.
My commission expires .................................................... , 19 ........ .
(Printed or stamped name of notary)
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THE ST A TE OF TEXAS
COUNTY OF HARRIS }
Before me, the unoersigned authority, on this day personally appeared Vice President of ALLIED BANK OF TEXAS
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a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and ackiif,
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he executed the same for the purposes and consideration therein expressed, in the capacity therein stated_ and as the act and deed
of said corporation. '
Given under my hand and seal of office on this the 81
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CROSSFILED IN REGENCY ESTATES SUBD. �\i: M &vvCITYMGR-
� JON BRANSON Regency Estates
Homeowners Association
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Post Office Box 262
Friendswood, 1X 77549-0262
August 27, 1997
The Honorable Mayor Whitaker and City Council Members
City of Friendswood
910 South Friendswood Drive
Friendswood, TX 77 546
Dear Mayor Whitaker and City Council Members:
�UG '\997 -.,,., __ ,,...---'":.� 0
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On July 22, 1997, on behalf of the Board of Directors of Regency Estates Homeowners
Association, Secretary of the Association Jean Wren and I met with Mayor Whitaker, Ron Cox,
and Jon Branson to discuss our continued concern about the City's sale of Recreational Reserve B
of Regency Estates Subdivision in light of the recent attorney general's opinion and the City's
lack of response to our request for an ordinance restricting future conveyance [ or lease] of
Recreational Reserve A of Regency Estates Subdivision (Leavesfey Park). In our letter of March
31, and during our discussions on July 22, Regency Estates Homeowners Association asked that
the City adopt an ordinance which would:
1.establish, unequivocally, that Recreational Reserve A of Regency Estates Subdivision
is a park of the City of Friendswood;
2.state that conveyance [ or lease] of Recreational Reserve A can only occur by passage
of an ordinance and approval of the electorate of the City of Friendswood authorizing
such conveyance [or lease];
3.impose the restrictive covenants of Regency Estates Homeowners Association (the
Amendment to the Declaration of Covenants, Conditions, and Restrictions for Regency
Estates Homeowners Association, commonly called the "deed restrictions") upon
Recreational Reserve A to run with the land in perpetuity and grant enforcement
authority for the restrictions to the Board of Directors of Regency Estates
Homeowners Association at the time of conveyance [ or lease]; and
4.limit the property to single family residential use upon conveyance [or lease].
We also requested that the Board be allowed to review the ordinance as it is drafted, before it is
presented to Council. [Please note that the lea·se provision was not included in either our letter
of March 31, or our discussions of July 22; however, we have included it here because that
possibility is of concern to the Homeowners Association.]
Our request for an ordinance is not unreasonable. The Board of Directors believes
homeowners in Regency Estates ( not to mention all the citizens of Friendswood) deserve the
added protection the proposed ordinance will provide since in 1993 the City sold Recreational
Reserve Bin violation of Sec tion 253.001, Texas Local Government Code. and Sect ion
2,04 of the Frien dswood c;ty Charter. Section 253.001, Texas Loc al
Government Code, reguires an election and passage of an ordinance to sell park land.
Section 2.04 of the Frie ndswood City Charter states "(t]he conveyance or lease or
authorization of the conveyance or lease of any lands of the city shall be by ordinance." The City
neither passed an ordinance nor held an election to authorize the sale of Recreational Reserve B.
The sale of this city-owned land was presented to Council for approval as an item on the Consent
Agenda. It is noteworthy that no information included in the attorney general's opinion
contradicts our claim that the City's sale of this property was (without legal
authority) and void.
Over a month has passed since our meeting on July 22. Dr. Wren and I understood, from
remarks made during the meeting and subsequently, that there would be some written activity
pertaining to this ordinance within 30 days of the meeting. Since we have received no
information to date, we respectfully request that you send a written update on the status of the
ordinance by September 15, 1997. Correspondence may be sent to the Regency Estates
Homeowners Association letterhead address. I may also be contacted at home, 281 /996-9486.
Thank you for your prompt attention to our requests.
pc: Ron Cox
Jon Branson
David M. Oualline
Sinc erely,
Leanna K. Bridgett
President
MEMORANDUM
CITY OP' FRIENDSWOOD
Office of the City Manager
To: Mayor and Councilmembers
Subject: Regency Estates Reserve "B"
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As you recall, in 1993, the City sold a lot on the corner of Sunset and
Briarmeadow to Mr. Richard Stapp after having advertised it for sale by
sealed bid. At that time, it was determined the lot was not park land,
and was not subject to state law provisions for the sale of land
dedicated as a park.
In recent months, the Regency Estates HOA objected to the sale, claiming
it was park land and should not have been sold. On Tuesday, July 22,
Mayor Whitaker, Jon Branson and I met with Regency Estates HOA President
Leanna Bridgett and Secretary Jean Wren about the issue. Because of
their belief that the property was dedicated park property remains, they
remain concerned about the possibility the city could sell the property
known as Leavesley Park, in Regency Estates.
Leavesley Park is designated on the subdivision plat as Recreation
Reserve "A". They fear, that in the future, the city could determine
the property to be excess, declare it is not a park and even sell it.
As suggested in their letter of March 31, 1997, (attached) they are
seeking an ordinance from the city that establishes the following: 1)
The property is park property; 2) That, if sold, the property would
retain a single family residential zone; and 3) That, if sold, the
property would be subject to the restrictive covenants of the Regency
Estates Subdivision.
Although we believe this property is clearly dedicated and used as a
city park, and that any sale would be subject to the provisions of state
law regarding park land, Mayor Whitaker has indicated he will support
such a proposal, subject to Council's approval. Regency Estates HOA
officers have indicated this agreement will resolve their concerns.
Mayor Whitaker requested I send this memo to explain the situation and
seek your consideration of this matter. If there are no objections, we
will discuss the development of such an ordinance with the city attorney.
If you have any questions, let me know.
REC/tsm
Enclosure
�
Regency Estates Homeowners Association Post Office Box 262
Friendswood, 1X 77549-0262 March 31, 1997 The Honorable Mayor Newman and City Council Members City of Friendswood 910 South Friendswood Drive Friendswood, TX 77546 Dear Mayor Newman and City Council Members: The Board of Directors of Regency Estates Homeowners Association bas been requested to provide an explanation for the reasons we and our attorney, Mr. Oualline, believe that Tex. Rev. Civ. Stat. Ann. Art. 974d-44, the "validation statute," does not apply in the matter of the City's sale of Recreational Reserve B of Regency Estates Subdivision. Our opinion is that the requirement to adopt an ordinance to hold an election and have the election for voter approval to authorize the sale of park land is substantive and not procedural under the law. Further, from relevant tapes of 1995 legislative sessions and the legal analysis of SB 1671, it appears that the statute is narrower in scope than Mr. Olson indicated in his opinion. It is unfortunate that our best information indicates we should not expect the Attorney General to rule on the sale of Recreational Reserve B for at least 2-4 months. Of course, in the event the Attorney General agrees with our position, the City's legalexposure will continue to increase until this matter is resolved.Beyond the matter of Recreational Reserve B, Regency Estates Homeowners Association is very concerned about the future of Recreational Reserve A-Leavesley Park. That property is not platted as a park although we have been assured by City officials that its inclusion in the Parks Master Plan secures its· status as a park. Based upon our recent experiences, the Homeowners Association desires to reach a formal agreement with the City regarding Recreational Reserve A. We believe the City should adopt an ordinance declaring that Recreational Reserve A is a public park named Leavesley Park and that the City should mimic the statute by stating in the ordinance that the City may dispose of Leavesley Park only with approval of the electorate of the City of Friendswood. If you do decide to sell Leavesley Park, we would like you to impose our restrictive covenants on the property in order to preserve the harmonious design of the entire subdivision. Thank you for your consideration of these issues which are very important to the owners of the 281 properties in Regency Estates Homeowners Association. If you need additional information, please do not hesitate to contact me at the above address or call me, 996-9486 (home) or 482-6000 (office). Sincerely, ��'¥ Leanna Bridgett, President
,,..
City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546-4856 (713)996-3270Fax: (713) 482-1634 Mayor EVELYN NEWMAN Councilmembers KITTEN HAJECATE JERRY ERICSSON TOM MANISON MEL AUSTIN AUNE DICKEY JANIS LOWE City Manager RONALD E. COX City Secretary DELORIS McKENZIE, T.R.M.C. April 1, 1997
Ms. Leanna Bridgett
First Vice President
Regency Estates HOA
Post Office Box 262
Friendswood, Texas 77549-0262
Dear Ms. Bridgett:
In response to your letter of March 24, 1997, we have
determined there is no valid reason to halt construction on
the property owned by Mr. Richard Stapp.
Sincerely,
,��p�
CITY OF FRIENDSWOOD
Mayor Evelyn B. Newman
cc City Councilmembers
Ron Cox, City Manager
, :t : • � &. CC R
V"e. C\trfAG
John Olson
Jon Branson Regency Estates Homeowners Association Post·omce Box 262
Friendswood. 1X 77549-0262
March 24, 1997
The Honorable Mayor Newnan and City Council Members
City of Friendswood
910 South Friendswood Drive
Friendswood, TX 77546
�-�.. -�{lL 23 ?1 ���-"J�")\;) '--
�-� ::},'_ �<.; •c··, "'v c·:::=! r� MAR1997 �:;; CrrraR£c£tv1:o "-"'-� er,{Fltf&vos� f\;i :� S£cRS-4J:?y <;✓, :<;7-d � 71,1 o S fJ/�.
Re: Recreational Reserve B (Reserve B) of Regency Estates Subdivision
Dear Mayor Neuman and City Council Members: �-...
Thank you for forwarding the memo from John Olson regarding his opinion of the
City�s sale of the above referenced property. We have conferred with our attorney and
must reiterate our opinion that the sale of this property to Mr. Richard Stapp ''violated the
law and is void."
At the request of Regency Estates Homeowners Association, Senator Jerry
Patterson and Representative Craig Eiland have asked Texas Attorney General Dan
Morales to investigate the sale of Recreational Reserve B and issue an opinion. The Board
of Directors respectfully requests the City of Friendswood to take whatever measures are
necessary and appropriate to halt construction on the property until the Attorney General
issues his ruling in this matter.
We would appreciate your written response to this request by Thursday, March 27.
Please understand that a lawsuit continues to be our least desirable option. Due to the
short amount of time available this week, you may call me at home, 996-9486, or in the
office, 482-6000, or you may contact Dr. Jean Wren, 482-4545. We would be happy to
pick up any written communications.
Thank you for your cooperation in this important matter.
. {J57-�·2s26;;--. l't; A <&-·, T 0. � MAR 1997 � � .RE CEIVED -� CITY OF FRIENDSWOOD f\.J tf--CIJX MANAG� · · G..i .� � "1/� O:)V)_ pc: City Manager Ron Cox 1 </II Ol 5 i � .
Sincerely,
��
Leanna Bridgett,
First Vice President
FROM PHONE NO.
President
Regency Estates Homeowners Association
PO Box 262
Friendswood Texas 77546
Dear Leanna,
Apr. 16 1996 03:21PM P1
e HOA association owes Mr. Stapp a written apology for the actions
· ;ken that disrupted the building of his new home at 1200 Sunset
... ..,.,...�,.,..,-.��·,grtef we brought upon him. The willingness of the HOA Board to
sacrifice the Stapp family hopes, dreams, and new home because a crusader
minority felt the city committed an error was an evil thing to do. The Stapps
acted in an honorable fashion from all the facts available. The fact that the City
of Friendswood acted in a improper legal fashion should not be a reason for our
HOA to punish Mr. Stapp. The Board of Directors of the HOA took actions that
cost Mr. Stapp time, money and heartache and the general membership of the
HOA effectively repudiated these actions by vote at the annual meeting held on
March 27, 1997.
T:an �u,
�
703 Windsor Drive /
cc: Janis Lowe Mayor Pro Tern�
-:'\:7"'";]",. /':-,, . ·1-t°'.)\\ I ,_ V { �---\·(\. J 4-'-.,·'.\) G· ,'.� � :� APR 1997 CP. /tg RECEIVED :'",;·-er CITY OF FRIENDSliVOoo ......_,...__, -·<� CfTYSECAErARY �¢ . '-"-.{>_ \ '; \. ·✓ ti?5; Bill�/--,--
.:.:AC-
cc: M&eevv crrt-MGR
John Olson
Jon Branson
:; ... MAR 19 '97 01:12 P.1/2
'!',.j:'·
.
CC : M & C
C.M.
J.O. Dear Homeowner:Regency Estates
Homeowners Association
Post Office Box 262
Friendswood. TIC 77549-0262 March 15, 1997 .'
.. ., rno 1.9d .
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' -R� Yi.,,''[' ,, -r ''-t,/:, V _. On ·Jan. 11, 1997, we sent a letter informing you. of a petition to replatRecrea'\fonal ��erve"B/ "//(Rec. Res. B) of our subdivision, the triangular lot at Brianneadow and Sunset Although mcmpers of-the ·City Community Development Depanment and Richard Sr.a.pp, the owner, said the replatrs purpose was to create "Stapp Estates," a 1,,.Iot subdivision, the actual petition sought to remove the word Recreational from!he namt, . Many of our homeowners joined the Regency E�tates HOA Board of Directors (Board) inattending the Planning & Zoning meeting, Jan. 16, voicing our opposition to the replat Unfortunately,the P & Z Commission voted unanimously to grant the replat. The Homeowners Association (HOA) is concerned about the use and appearance of the property,known to us as Rec. Res. B, because it is located at the comer of our subdivision--next to one of our mainentrances. Rec. Res. B, like Rec. Res. A (the hangar property), is and always has been exempt from theterms of our deed re strictions. This has not been a problem for the HOA until now because the 2recreational reserves were donated to the City by the sub .division developer for use as parks. As long asthe properties remained parks, our deed restrictions did not need to apply. However, when Rec. Res. B. · became a residential propeny (the effect of the replat), the HOA was placed in an untenable position withboth the City of Friendswood and Mr. Stapp because the property is stil l exempt from our deedrestrictions. While high quality residential construction could well enhance our property values, manyscenarios exist under which the values of our homes in Regency Esr.ares cpuld be reduced--such as usingthe property for RV or heavy equipment storage, operating a commercial enterprise from the home,constructing a large metal garage (like that at Heather and Sunset), or erecting a chain link fence, to name afew. Like it or not, anyone passing by that property--however it is �) will assume it is part of ourhomeowners association.Since Jan. 16, the Board has engaged in an exhaustive search th rough City records concerningRegency Estates. Initially. the purpose of this research was an effort to find information which mightshow that recreational reserve property would lose. its exen;ipt st�.tus if it reverted to residential use. Wedid no t find what we hoped to find. f.lowever, our research did yield information that suggests the City'ssale of Rec. Res. B was illegal. These findings are outlined in the following paragraph. . On Jan. 30, 1981, an agent for the developer offered to (quoting from his letter) "dedicate to theCity of Friendswood the two recreational reser ves in Regency Estates Subdivision. As shown on ourrecorded plat, Recreation Reserve 'A' contains 3.8 acres and Recreation Reserve 'B' contains 1.2 acres.In addition, if the City will accept these two reserves for parks, we will leave the existing hangar buildingon Reserve 'A' ... " Then, quoting from the Mar. 16, 1981, City Council minutes: "Accepran� of ParkLand Off �r. Motion: (Schrader) To accept the offer from developers of Regency Estaces of 5 acr es of landand a hangar for recreational purposes for the City." On Sept. 8, 1981, the properties were deeded to theCity. The HOA anome y has advised the Board that the offer, acceptance, and delivery of the propertiesconstituted a contract between the developer and the City. The City violated that contract by selling Rec.Res. Bin 1993. What is worse, the City broke the law in so doing. In TexM, except under certaincircumstances which do not apply in this case, a majority vote of the people in an el�tiQn i� required toauthorize the sale of park Ianq, No such vote occurred.
:;,
•::---
MAR 19 '97 01:13 P.2/2
,,, On Feb. 3, we. addressed the Friendswood City Council to share the infonnation we had· compiled.At that meeting, we asked that the City attorney provide an explanation for the City's actions regarding thesale of Rec. Res. B. The Mayor and Council members agreed and promised a written explanation. OnFeb. 24, per the Board's request, the HOA attQmey sent a letter to the City outlining our legal position thatthe transfer of Rec. Res. B to Richard Stapp "violated the law and is void." Finally, on Mar. 5, wereceived the City attorney's opinion on the transfer. As expected, he asserted that the sale was legal.·Notwithstanding the fact that it was undeveloped, Rec. Res. B was a park. It belonged to everycitizen in Friendswood, and it was/is of special interest to those of us who live in Regency Estates. ��broke the law when it denied our right to determine the disposition of that land because only thepeople can authorize the sale of park lt4ng.,,c;;,.'!:,i:.. It is now up to us to decide whether the City's illegal act will stand unchallenged. Despite being. }�Pt��ente4. with the f��� $'1JIT(1WQJn� me City's acqyisi�iQn �f Re<;. Ry$, B, d�p�te beil;s reminded ,�f the�¥';Staie statutes tegulatirtg the�of.park land, and despite bemg asked to do the nght thing for the citizensof Friendswood and buy back the land, the City either cannot or wji] not acknowledge its liability.:--_-,;::��-"This-is afieTec'tioii'year: and" this issue1ipoliticafas-welf'"as'IegaL'\vii11�·;,;·��ttld �;�;;"����e"· to suggest how you should vote, we can tell you that 4 people who were on the Council when the Citysold Rec. Res.Bare running for office in the May 3 election. They are Janis Lowe, Kitten Hajecate, TomManison, and Mel Measeles. Talk to them. Ask them why they thought they could sell this property.These people, and the rest of our elected and appointed City officials, are accountable to us. We areamazed that the City has placed the interests of one family above the needs and concerns of the 281 families in Regency Estates. Mr. Stapp can only vote once. Mrs. Stapp can only vote once. RegencyEstates HOA represents at least 500 votes--more than enough to affect the outcome of a local election. Ifyou are not registered to vote, please re2ister now! Whether or not you actually go to the polls in May,your ability to do so must be respected.-�·-.. .. .. .. ... .. . .............. --·· ·-· · · · __ ... · ......... ·---·· · ••• ••• -i----• •• • • ••-• •-•.•••---,-,r-•'-•" •• • •• •••• ••• •••• .;••• ••-•-••••>••• -••••• •
•-' ·The Board is investigating all possible legal alternatives which may be available to us; however, itappears that the most viable option at this time is to consider filing suit against the City for violating thelaw. Toe estimated cost, per home, to fund such a lawsuit would be approximately $35 (This amount willinclude both the regular ann ual assessment for 1997 and one-time qollectjon for legal fees, the precisedollar amount to be announced at the Annual Me.eting. Note that this assessment, if approved, wouldrepresent a one-time increase in the annual assessment with the condition that the assessment revert back tothe original rate schedule in 1998). In the event the matter is settled or dropped, each homeowner's shareof unexpended legal fees. would be refunded or.credited to their 1998 assessment. There is much more information to share with yo u than is possible in this letter. New developments arise nearly every day. We will present up-to-date information, discuss our opti9ns, and vote onthis issue at the Annual Meeting, Mar. 27. Copies of all relevant documents will be available, includingcopies of the attorneys' letters. Please come so the Board may understand and represent the majorityopinion of the Association membership. If you wish to discuss this issue prior to the annual meeting, Iwill be happy to talk or meet with you to share the information we have accumulated about this matter. Mytelephone number and the names/telephone numbers of the other Board members are listed below. Thankyou for your participation in this important matter. Sincerely,�� Leanna Bridgett, First Vice President· Leanna Bridgett, Vice President: 996-9486; Brad Wissinger, Vice President: 482-0966;Jean Wren, Secretary: 482-4545; Clyde Collins, Treasurer: 992-8500
�
MESSAGE CONFIRMATION
[8g]MODE
� 12ITX IBOX,GROUPI
03/19/97 08:41 ID=TCI
DATE/TIME ITIME !DISTANT STATION ID !PAGES !RESULT IERROR PAGES
03/19 08: 40 I 01 '30" I 713 759 0342 I 003/003 I OK
S.CODE
0000
City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546-4856 (281)996-3270Fax: (281) 482-1634 OFFICE OF THE CITY SECRETARY
Mayor EVELYN NEWMAN
Councilmcmbcrs KITTEN fWECA TI:JERRY ERICSSON
TOMMANISON
MEL AUSTIN
ALINE DICKEY
JANIS LOWE
Cily Manager
RONALD E. COX
Cily Sccrclary
DELORIS McKENZIE. T.R.M.C.
DATE: 3/19/97 NUMBER OF PAGES ----
including cover sheet
PLEASE DELIVER THE FOLLOWING PAGES TO:
John
TRANSMITTED FROM: Deloris McKenzie
IF YOU DO NOT RECEIVE ALL OF THE PAGES
CALL:
OFFICE:
FAX:
(281) 996-3270
(281)82-1634
MESSAGE:
Please see the following letter from Regency Estates HOA.
Thank you.
... �,
Regency Estates
Homeowners Association
Councilwoman Kitten Hajecate
1206 Middle Creek
Friendswood, TX 77546
Dear Councilwoman Hajecate:
Post Office Box 262
Friendswood, TX 77549-0262
March 1, 1997
���
C �':/7r / a ,"1...A & /,-: '<'\, � ? (,•;,;.'-� MAR 1997 r:), ,r,..:;
...., ..
rs RECffVEo :-.·:
� CJry OF r:RIENDSWco0 ; · :
� C!Ty SECRET1,,p'r' . , . ·0 . ,,,_, -�i:;.,,·
···-0;[��-,/
When I addressed Council on Feb. 3, 1997, I presented copies of several documents which we, the
Regency Estates Homeowners Association Board of Directors, believe to be essential in understanding
the intended use and disposition of Recreational Reserve B of Regency Estates Subdivision. On Feb.
24, our attorney sent you a letter outlining his opinion that the City's sale of Recreational Reserve B to
Mr. Richard Stapp in 1993 ''violated the law and is void."
We believe that Eugene H. Branscome, Jr., Trustee, donated Recreational Reserves A and B to the City
to become parks and never intended that they be used for residential purposes. [Recall the wording in
the minutes of the City Council meeting, Mar. 16, 1981 (a copy of which I provided for you on Feb. 3),
"ACCEPTANCE OF PARK LAND OFFER
MOTION: (Schrader) To accept the offer from developers of Regency
Estates of 5 acres ofland and a hangar for recreational purposes
for the City.
Second: Wood
Vote: Unanimous FOR MOTION CARRIED"]
We established at the Council meeting, Feb. 3, that the 5 acres referenced in the motion consisted of
both Recreational Reserve A (3.8 acres) and Recreational Reserve B (1.2 acres).
lfMr. Branscome had intended that the use of either ( or both) Recreational Reserve A or B could
change from recreational to residential, he would have provided for that eventuality in the Declaration
of Covenants, Conditions, and Restrictions for Regency Estates (the deed restrictions). Such a
provision was made regarding the land described as "Residential Reserve" on the Final Plat filed in
1978. Like the "Commercial Reserve" and "Recreational Reserve A & B," the 'tlesidential Reserve"
was excluded from the terms of the deed restrictions. However, in 1983 when "Residential Reserve"
became the 63 numbered lots in Regency Estates, Section Two, the property was no longer exempt
from the deed restrictions. In fact, it was specifically included.
Although the history of Regency Estates Subdivision is convoluted, it� understandable. We believe
that the City Council authorized the sale of Recreational Reserve B in 1993 without possessing all of
the information necessary to make the correct legal decision. It is not too late for the current City
Council to rectify the controversy surrounding the improper sale of that land.
The Board of Directors of Regency Estates Homeowners Association respectfully requests that the City
of Friendswood buy back the land from Mr. Stapp before he commences construction on the property.
At this time, the matter is relatively uncomplicated,legally, and far less costly to resolve than it will be a
few months from now.
Please carefully consider our request. As our elected representatives,the Mayor and City Council
members are responsible to all of the citizens in Friendswood—not just to Mr. Stapp or the owners of
the 281 homes in Regency Estates, but to all of the people who live here. We all owned Recreational
Reserve B. It was supposed to be a park. We all deserved the opportunity to vote on its proposed
sale.
Thank you for your time.
Sincerely,
41�94�
Leanna Bridgett, First Vice President
Regency Estates Homeowners Association
03/05/97 14:50 713 759 0342 OLSON & OLSON➔ 3341407 NO.815 P002/002
CROSSFILED IN S.D. & Deeds
TO:
FROM:
DATE:
RE:
M.E. M!l RAN. D. !l.M
Mayor and City Coundl /\(\ .• /City of Friendswood w·
Olson & Olson �
March 4, 1997 o·
Reserve "B," Regency Estates Subdivision
CC: M&CC Cl1YMGR
Pursuant· to your request, we have examined relevant City records and other
documents relating to the sale of the referenced property to Mr. Richard Stapp. We have
also reviewed correspondence from the homeowners association of Regency Estates, as
well as correspondence from their attorney. Our opinion is that the sale of Reserve "B"
to Mr. Stapp is a valid and binding sale and that the City could not rescind same even if it so desired.
It can certainly be argued that when the developers of Regency Estates originally
approached the City regarding the conveyance of Reserves "A" and "B'' it was their intention that the conveyance of each such reserve would be for park purposes. Letters from the developers and their agents so indicate. The agenda items under which
discussions were had related to the dedication of land for �er "recreational" or "park" purposes. However, there is also an 8r2UDlent that City Council did not intend to include
anything other than Reserve "A,, as part of the City's park system. Discussions by City
Council, as reflected in the minutes of the meetings where the proposed conveyance was
discussed, centered around the "hanger" and how the Jaycees or the City could most
effectively operate and manage same for recreational purposes. No specific mention was
made of Reserve "B," and it could easily be argued that Council had no intention of
including it as a part of the City park sy stem.
The attorney for the homeowners association makes the assertion that the City bas
always "carried" Reserve "B" on its "books as park land." In fact, the opposite is true. Going back to the date of the conveyance, which was made with no limitation on the use
to which the land could be put, Reser-re "B" has never been carried on the City's list of
parks; the City's master park plan does not show and has never shown Reserve ''B" as a park; and the City has never, by motion, resolution, ordinance, or otherwise, designated
Reserve "B" as a park or as park land.
All this being said, whether the City did or did not designate Reserve "B" as park land, whether or not the sale of Reserve "B" should have been approved by the electorate, and whether or not the sale to Mr. Stapp is void, is, in our opinion, now immaterial. Tex.
Re'f. Civ. Stat. Ann. art. 974d-44, adopted during the 1995 le2fslatlve session, bas V2lid.ated the sale of such land, and all proceedings and procedures employed by the City relating thereto.
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-123
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
March 16, 1981
A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, March 16, 1981, at 7:30 p.m. with the following members present:
Mayor Dale Whittenburg Councilmen: Loren Wood Mary Brown Paul Schrader
City Attorney John Olson City Manager Jim Morgan City Secretary Bobbie Henry
Edward Zeitler (Late arrival) Paul Maaz (Late arrival)
With a quorum present, and with Councilmen Zeitler and Maaz arriving approximately 8:00 o'clock, the following business was transacted:
INVOCATION was given by Rev. Roger Patterson, First Baptist Church.
APPROVAL OF MINUTES -Minutes of a Regular Meeting of March 2, approved as corrected.
INTRODUCTION OF NEW FINANCE ·oFFICER -Mr. Morgan introduced David Quick as the City's new Finance Officer.
ANNOU NCEMENTS FROM THE MAYOR
1.
2 .
3.
PROCLAMATION setting March 30 as "Wranglerette Day."
Letters to the President of the United States, the Governor of Texas, and the Superintendent of Friendswood Schools transmitting copies of resolutions adopted by the·. Student.: Government· officials at City Hall on March 2.
Letter from the Church of Latter Day Saints thanking the Mayor for participating in ground-breaking ceremonies for their new church building.
4.Letter of resignation from Bruce Goss of the Library Board. 1/7 -2{
MOTI"ON: (Wood) To accept regretfully Mr. Goss' resignation. 6,/r Ir Second: Schrader /)? Vote: Unanimous FOR MOTION CARRIED <Jj
PUBLIC HEARING ON PUBLTC UTITLITY REGULATORY POLICIES ACT OF 1978 -ElectricaT Poli"cies· No·s.· T thru 11.
The Mayor asked if there was anyone who wished to speak to the subject. There being none, the hearing was closed.
PETITIONS FROM THE PUBLIC -Mr. John Houghton, President of Fox Meadows Civic Association, requested that several conditions be considered in connection with straightening of the "Kocurek Curve" on FM 528:
l.Left turn into Fox Meadows for westbound traffic.2.Rerouting of surface water drainage system from Fox Meadows.3.Placement of a rail barrier on curved portion of road.4.Wing walls on culvert at entrance to subdivision.5.Planting of shrubs as noise barrier adjacent to subdivision.
Council indicated that the request will be referred to the Highway Department for consideration if these items will not hold up the job of straightening the curve.
L/-f,'-�/
--124
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REPORTS AND ANNOUNCEMENTS "FROM THE COUNCIL
la. Councilman Wood reported on a meeting with the:. Highway Department on-site regarding straightening the 528 curve
b.Wood requested that the Mayor appoint Ru ssell Williams asCo-Director of Civil Defense to assist Kenneth Camp.
The Mayor did so appoint Williams.
c.He invited Council Members, City Manager, City Secretary,and spouses to be his guest at the Prayer Breakfast nextSaturday at the First Baptist Church.
d.Counseling Service will hold open house April 12 from 3:00to 5:00 p.m.
e.Request City Manager to submit article about Student Government day to Town & Cities Magazine.
2a. Councilm'ah 'S'chrader gave a report on the latest meeting with the Governor's Flood Control Group of which he is a member. He indicated that the next meeting will be held in Friendswood:
b.He has introduced the "Keep America Beautiful" informationto the: :Community Appearance Board, and informed Mr. Morganthat they probably will be asking for improved condit�onsfor solid waste disposal through the main part of town.
3a. Counc·i-lma·n B"ro'wn reported that the Future Growth Committee is moving forward with subcommittees being appointed to study specific areas of interest.
4a. Councilman Zeitler attended the monthly meeting of the Police Department where the speaker was City Prosecutor Luis Suarez.
b.The Sewer Rate Committee will hold a meeting this Fridayat 4:00 p.m.
c.Tonight's meeting to discuss the City/Fire Departmentcontract was canceled because the Chief and one other memberfrom the· Fire Department were out of town. Harris County ·fire funds and other items involved continue to be suudiedby the City Attorney.
PROPOSED APPROPRIATIONS FOR CLEAR CREEK STUDY In response to
a letter from Representative Jack Brooks, the Mayor will submit a request to the Senate and House Appropriations Committees to include the proposed $300,000 for advance engineering and d�sign on Clear Creek Project in the FY 1982 Budget.
ACCEPTANCE OF PARK LAND OFFER
MOTION: (Schrader) To accept the offer from developers of Regency Estates of 5 acres of land and a hangar for recreational purposes for the City. Second: Wood Vote: Unanimous FOR MOTION CA RRIED
PUBLIC HEARING ON REZONING
MOTION: (Zeitler) To call a public hearing jointly with the Planning & Zonning Commission to consider a request to rezone property on FM 518 for the Lutheran Church. Second: Maaz Vote: Unanimous FOR MOTION CARRIED
ORDINANCES
'# 81/ l -Revis•ion·s· to 'Ah"imal Control Ordinance -Final reading
MOTION: (Schrader) To adopt Ord. Second: Maaz #81/1 on third reading.
Vote: FOR (4) AGAINST Wood, Whittenburg, Maaz, Schrader (2) Brown, Zeitler MOTION CARRIED
L_
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL
April 20, 1981
A Regular Meeting of the Friendswood City Council was held at the City Hall on Monday, April 20, 1981, at 7:30 p.m. with the fullowing members present:
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Mayor Dale Whittenburg Councilman: Paul Schrader Loren Wood Todd Stewart Mary Brown
Acting City Manager Melvin Meineke City Attorney John Ol son City Secretary Bobbie Henry
Bob Wicklander
With a quorum present, and with Councilman Zeitler absent, the foll owing business was transacted:
INVOCATION W9S given by Rev. Sam Broughton, Baptist Church.
APPROVAL OF MINUTES
Minutes of a Regular Meeting of April 6 -Report of Councilman Wood's Washington trip to be attached to minutes. Minutes of Special Meeting of April 13 -Reverse motion maker and seconder on pay increase for court offi cials.
ANNOUNCEMENTS FROM THE MAYOR
1.Mayor Whittenburg told of his viewing at NASA of the landingof the space shuttle Columbia, and being a member of thewelcoming group when the astronauts returned to Ellignton Airport. He said that it was all very impressive and he was pleased to have been a part of the activities.
2.He then presented plaques to Bob Wicklander expressing theCity's appreciation for his serving on the Planning andZoning Commission, and to Bruce Goss for his years of serv ice on the Library Board.
COUNCIL REPORTS
CounciJ.man Brown reported that her Future Planning Cammi ttee which has been holding sectional meetings, will all be together for a joint meeting this week.
NEW PARK FACILITIES IN REGENCY ESTATES - A proposed agreement between the City and the Jaycees for their operation of the hangar was presented by the City Attorney. Council raised questions regarding appr oving a contract for 25 years and the method of handl ing fees received for use of the facility. Mayor Whittenburg will meet with the Jaycees at their next meeting to discuss the contract length and other arrangements for the operation.
NAMING THE NEW PARK -Dr. William·Jones, developer of Regency Estates and former owner of the hanger, has requested that the park area location of the hanger be named for his first grand-son, John William Leavesley. The Parks Board so recommends.
MOTION: (Schrader) to name the new park area '1 John William )§--/4 Leavesley Park. tt -/PI Second: Wood 6 /
Vote: FOR (4) Scharder, Wood, Stewart, Wicklander AGAINST (2) Whittenburg, Brown MOTION CARRIED
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