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Quitclaim Deed
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Date: June 06, 2016
Grantor: City of Friendswood, Texas
Grantor's Mailing Address: 910 S. Friendswood Drive, Friendswood, Galveston County, Texas
77546
Grantee: Autumn Creek Development, Ltd.
Grantee's Mailing Address: 550 Greens Parkway, Suite 100, Houston, Texas 77067
Consideration: Ten Dollars ($10.00)
Property(including any improvements):
All of that certain portion of an access easement lying and being situated in
Galveston County, Texas consisting of a 30.00 foot by 809.67 foot tract of land
(24,195 square feet), being part of a 30 foot access easement to be abandoned,
situated in the John Dickinson Survey, Abstract No. 9 of Galveston County,
Texas and being a portion of a called 0.6148 acre Access Easement No. 11,
granted to the City of Friendswood recorded under Galveston County Clerk's File
Numbers (G.C.C.F. No.) 2008062839, being a portion of two (2) tracts of land as
described in deeds to Autumn Creek Development, Ltd. recorded under G.C.C.F.
No. 2012013635 and 2010017232, and being a portion of a 30 foot wide road, as
described and dedicated by the subdivision plat of SLONE SUBDIVISION,
recorded under Volume 3, Page 61A (Volume 254A, Pg. 6) of the Galveston
County Map Records (G.C.M.R.), more particularly described in Exhibit "A,"
which is attached hereto and incorporated herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantor is
retaining its interest in and to any other easements of record, utility or otherwise, appearing on
any map,plat or record thereof.
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 6th day of June, 2016.
CITY OF FRIENDSWOOD, TEXAS
By:
Kevin M. o and
Mayor
ATTEST:
-
•** FRIetvd,,
q5)52./QA,:t . . .
-
Melinda Welsh, TRMC i U '• IL ';O
•
City Secretary : : p
STATE OF TEXAS • 1F O F *1. ••
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 11 day of 2016.
*4YuCALLIQ1 ' -.'"
MICHELLE PEREZ
:° °''r, Notary ID#12845085-2 Notary Public, State of Texas
. • NOTARY PUBLIC MeAr
e :A-.eL°rmycommisswnxSTATETrOF res111TEXAS ,I&2018Printed name: `l�
My commission expires: t\ I I/' I
Quitclaim Deed
Exhibit A
ARBOR GATE AT WEST RANCH SEC 3 APRJL 28,2016
0.5555 OF ONE ACRE JOB NO.3378-00
PROPOSED ACCESS EASEMENT ABANDONMENT
DESCRIPTION OF A 0.5555 ACRE TRACT OF LAND SITUATED IN
THE JOHN DICKINSON SURVEY,ABSTRACT NO.-9
CITY OF FRIENDS WOOD
GALVESTON COUNTY,TEXAS
BEING a 0.5555 acre(24,195 square foot)tract of land situated in the John Dickinson Survey,Abstract
No.9 of Galveston County,Texas and being a portion of a called 0.6148 acre,Access Easement No. 1I,
granted to the City of Friendswood recorded under Galveston County Clerk's File Numbers(G.C.C.F.
No.)2008062839,being a portion of two(2)tracts of land as described in deeds to Autumn Creek
Development,LTD.recorded under G.C.C.F.No. 2012013635 and 2010017232,and being a portion of a
30 foot wide road,as described and dedicated by the subdivision plat of,SLONE SUBDIVISION,
recorded under Volume 3,Page 61A(Volume 254A,Pg.6)of the Galveston County Map Records
(G.C.M.R.),said 0.5555 acre tract of land described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron pipe with cap stamped"Brown&Gay"found for the common
southerly corner of Lot 124 and Lot 125 of said SLONE SUBDIVISION,lying on the northerly line of
said 30 foot Access Easement;
TAFNCE,N 66°47'00"W,a distance of 30.00 feet along said northerly line to the POINT OF
BEGINNING and most easterly corner of the herein described tract;
THENCE,S 23°13'00"W,a distance of 30.00 feet over and across said 30 foot road to a point lying on
the southerly line of said 30 foot Access Easement and being the most southerly corner of the herein
described tract;
THENCE,N 66°47'00"W,a distance of 809.67 feet along and with said southerly line,same being the
northerly lines of Lots 139-142 of said SLONE SUBDIVISION to the most westerly corner of the herein
described tract,lying on the east right-of-way line of West Boulevard(100 feet wide)as recorded under
Plat Record 2012A Map Numbers 34&35 of the G.C.M.R. and being the beginning of a non-tangent
curve to the left from which its center bears N 54°35'23"W, 1,986.50 feet;
THENCE,In a Northeasterly direction,along said curve to the left,a distance of 30.64 feet,having a
radius of 1,986.50 feet,a central angle of 00°53'02"and a chord which bears N 34°58'06"E,30.64 feet to
the most northerly corner of the herein described tract lying on the northerly line of said 30 foot Access
Easement;
THENCE,S 66°47'00"E,a distance of 803.43 feet along said northerly line,same being the southerly
line of Lots 121-124 of said SLONE SUBDIVISION,to the POINT OF BEGINNING and containing
0.5555 of one acre(24,195 square feet)of land.
Bearing orientation is based on the Texas Coordinate System,South Central Zone 4204,NAD-83 and
referenced to ARBOR GATE AT WEST RANCH SECTION 4,a subdivision plat recorded under Plat
Record 2015028014 of the G.C.M.R.
The above description is not to be used as fee conveyance.
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Page 1 of 1
X1DISTRICTS1WRMD1ARBOR GATE S3 3378106 SURVEY104_FIAIA1.SIMB10_5555MBI.DOCX
. 1
/ //
CURVE
/ NUMBER ARC LENGTH RADIUS DELTA TABLE CHORD BEARING CHORD DISTANCE
/ // C1 30.64' 1,986.50' 0'53'02" N 34'58'06" E 30.64'
AUTUMN CREEK Y
qDEVELOPMENT, LTD. / / / LINE TABLE
L>1 / LOT 121 NUMBER BEARING DISTANCE
''Cl�,Q /Cr
L1 N 66'47'00" W 30.00' N
1
h,C, Ci LOT 122 / �v0GN A1°N 3 / L2 S 23'13'00" W 30.00'
PER PLAT / 1vvE 5-
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a AUTUMN CREEK 30, pR$ LEGEND
DEVELOPMENT, LTD.
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Op pR/ S tS // LOT 123
ESMT. EASEMENT
N NOS 6 SO, P.O.B. POINT OF BEGINNING •
LOT t3sOp �0" R.O.W. RIGHT—OF—WAY
/ 0.5555 ACRES N ss 4 jcQ�s FSM 803 43. SQ. FT. SQUARE FEET
24,195 SQ. FT. , 00,. W
s / N 80,s�
n 411,111011
�1��5,� NOTE:
o
vB P.O.C. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES
LOT too ��� � / *itP.O.B. ir ONLY IN RELATION TO THE PROPOSED
/ EASEMENTS SHOWN HEREON AND IS NOT A
-S-.. AUTUMN CREEK / BOUNDARY SURVEY NOR SHALL IT BE
DEVELOPMENT, LTD. CONSTRUED IN ANY WAY AS A BOUNDARY
11 is, / SURVEY.
n / LOT 141 `/�� Orown&Oay F.nalnnro,Inc.
10777 Wealhelmar,6e8o 400,Houeton.TX 77042
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3 / "4� TOPLS L1Ceneetl SWveyYg Firm No.70106500
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/ �� `` EXHIBIT OF A 0.5555 ACRE, PROPOSED
��, A,�N �R / .' LOT 142 ',-e' ACCESS ESMT. ABANDONMENT
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AR��G� 0 A:=Q JOHN DICKINSON SURVEY, A-9
�▪ cJ� 76 �� CITY OF FRIENDSWOOD
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co GALVESTON COUNTY, TEXAS
Dr.,
*/* Scale: Job No.: Date: Drmving:
/> 1"=100' 3378-00 04/28/2016 1 OF 1
FILED AND RECORDED
Instrument Number: 2016044254
Recording Fee: 38.00
Number Of Pages: 5
Filing and Recording Date: 07/22/2016 10:25AM
I hereby certify that this instrument was FILED on the date and time stamped hereon and
RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas.
...........
.,,•;��'T E Ojtti
.
i=
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. °G 1° Dwight D. Sullivan, County Clerk
sif6+•�'.�. '°F GAS : Galveston County, Texas
NOTICE: It is a crime to intentionally or knowingly file a fraudulent court record or instrument with the
clerk.
DO NOT DESTROY - Warning, this document is part of the Official Public Record.
•
copy
(Title: An ordinance approving a vacation of a portion of a public right-of-way.)
ORDINANCE NO. 2016-27
AN ORDINANCE APPROVING A VACATION OF A
PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED
WITHIN THE PROPOSED ARBOR GATE AT WEST
RANCH SECTION 3 SUBDIVISION; AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY
SECRETARY TO ATTEST A QUITCLAIM DEED BY
AND BETWEEN THE CITY AND AUTUMN CREEK
DEVELOPMENT,LTD.
* * * * * * * * * * *
WHEREAS, a thirty (30) foot wide access easement was dedicated to the public by way
of a separate instrument identified as Galveston County Clerk File No. 2008062839, over and
across certain property located in the City of Friendswood, Texas known as Lots 121, 122, 123,
124, 139, 140, 141 and 142 of Sloan Subdivision, a subdivision recorded in Volume 3,Page 61A
(Volume 245A, Page 6) of the Galveston County Map Records; and
WHEREAS, the owner of said property has applied to the City for the vacation of a
portion of the said thirty(30) foot wide access easement; and
WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of
Friendswood, Texas, the applicant has 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 partial vacation of the thirty (30) foot wide access
easement to the applicant.
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, any and all quitclaim deeds necessary to provide for the vacation
and release of the following portion of the access easement to the owner of property located
within Lots 121, 122, 123, 124, 139, 140, 141 and 142 of Sloan Subdivision, a subdivision
recorded in Volume 3, Page 61A(Volume 245A, Page 6) of the Galveston County Map Records:
A 0.5555 acre (24,195 square foot) tract of land situated in the John Dickinson
Survey, Abstract No. 9 of Galveston County, Texas and being a portion of a
called 0.6148 acre Access Easement No. 11, granted to the City of Friendswood
recorded under Galveston County Clerk's File Numbers (G.C.C.F. No.)
2008062839, being a portion of two (2) tracts of land as described in deeds to
Autumn Creek Development, Ltd. recorded under G.C.C.F. No. 2012013635 and
2010017232, and being a portion of a 30 foot wide road, as described and
dedicated by the subdivision plat of SLONE SUBDIVISION, recorded under
Volume 3, Page 61A (Volume 254A, Pg. 6) of the Galveston County Map
Records (G.C.M.R.). Said easement area to be released is more clearly shown on
the survey attached hereto and made part hereof.
Section 2. That the metes and bounds description attached to this ordinance as
Exhibit "A" shall constitute the legal description of the access easement being vacated and
released to the owner of property located within Lots 121, 122, 123, 124, 139, 140, 141 and 142
of Sloan Subdivision, a subdivision recorded in Volume 3, Page 61A (Volume 245A, Page 6) of
the Galveston County Map Records.
PASSED AND APPROVED on first reading this 6th day of June,2016.
PASSED, APPROVED, and ADOPTED on second and fmal reading this 11th day of
July,2016.
Kevin M. d
Mayor
ATTEST: '•••..•'•
. OF.FRI
• JL ,o.
Melinda Welsh, TRMC :* : �^\
City Secretary ;N>►:. •.* •
Ord 2016-27 2
Exhibit A
1. Metes and Bounds Description and Survey
Ord 2016-27 3
•
- -- _ R2016-27
Exhibit A
ARBOR GATE AT WEST RANCH SEC 3 APRIL 28,2016
0.5555 OF ONE ACRE JOB NO.3378-00
PROPOSED ACCESS EASEMENT ABANDONMENT
DESCRIPTION OF A 0.5555 ACRE TRACT OF LAND SITUATED IN
THE JOHN DICKINSON SURVEY,ABSTRACT NO.9
CITY OF FRIENDSWOOD
GALVESTON COUNTY,TEXAS
BEING a 0.5555 acre(24,195 square foot)tract of land situated in the John Dickinson Survey,Abstract
No.9 of Galveston County,Texas and being a portion of a called 0.6148 acre,Access Easement No. 11,
granted to the City of Friendswood recorded under Galveston County Clerk's File Numbers(G.C.C.F.
No.)2008062839,being a portion of two(2)tracts of land as described in deeds to Autumn Creek
Development,LTD.recorded under G.C.C.F.No. 2012013635 and 2010017232,and being a portion of a
30 foot wide road,as described and dedicated by the subdivision plat of,SLONE SUBDIVISION,
recorded under Volume 3,Page 61A(Volume 254A,Pg.6)of the Galveston County Map Records
(G.C.M.R.),said 0.5555 acre tract of land described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron pipe with cap stamped"Brown&Gay"found for the common
southerly corner of Lot 124 and Lot 125 of said SLONE SUBDIVISION,lying on the northerly line of
said 30 foot Access Easement,
THENCE,N 66°47'00"W,a distance of 30.00 feet along said northerly line to the POINT OF
BEGINNING and most easterly corner of the herein described tract;
THENCE,S 23°13'00"W,a distance of 30.00 feet over and across said 30 foot road to a point lying on
the southerly line of said 30 foot Access Easement and being the most southerly corner of the herein
described tract;
THENCE,N 66°47'00"W,a distance of 809.67 feet along and with said southerly line,same being the
northerly lines of Lots 139-142 of said SLONE SUBDIVISION to the most westerly corner of the herein
described tract,lying on the east right-of-way line of West Boulevard(100 feet wide)as recorded under
Plat Record 2012A Map Numbers 34&35 of the G.C.M.R. and being the beginning of a non-tangent
curve to the left from which its center bears N 54°35'23"W, 1,986.50 fee,
THENCE,In a Northeasterly direction,along said curve to the left,a distance of 30.64 feet,having a
radius of 1,986.50 feet,a central angle of 00°53'02"and a chord which bears N 34°58'06"E,30.64 feet to
the most northerly corner of the herein described tract lying on the northerly line of said 30 foot Access
Easement;
THENCE,S 66°47'00"E,a distance of 803.43 feet along said northerly line,same being the southerly
line of Lots 121-124 of said SLONE SUBDIVISION,to the POINT OF BEGINNING and containing
0.5555 of one acre(24,195 square feet)of land.
Bearing orientation is based on the Texas Coordinate System,South Central Zone 4204,NAD-83 and
referenced to ARBOR GAi't1 AT WEST RANCH SECTION 4,a subdivision plat recorded under Plat
Record 2015028014 of the G.C.M.R.
The above description is not to be used as fee conveyance.
444't�
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Nicolas Vann RPLS No.6393
641.4NN..14,.0,064•6,44 ''s Brown&Gay Engineers,Inc.
NICOLASXI
�rW< . 10777 Westheimer Road,Suite 400> 6393
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Houston,Texas 77042
• 558-8700
`��Q SattAYE'�4 TBPLS L c44. Telephone:en e281d Surveying Firm No. 10106500
Page 1 of I
MlDISTRICTSIWRMDIA.RBOR GATE S3 3378106 SURVEY104—fiIlVALSWIB10_55S5M131.DOCX
. 1
/
/ CURDELTA CURVE TABLE
/ NUMBER ARC LENGTH RADIUS CHORD BEARING CHORD DISTANCE
/ / C1 30.64' 1,986.50' 0'53'02" N 34'58'06" E 30.64'
AUTUMN CREEK /
Y
� DEVELOPMENT, LTD. // LINE TABLE
�
LOT 121 /
$, NUMBER BEARING DISTANCE
NT
0' �. . /
'�o / /
Li N 66'47'00" W 30.00'
r0� ` V1 LOT 122 // v`CU�GY1 A1�iA / L2 S 23'13'00" W 30.00'
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4 30' ROAD
PER PLAT / �J1 { SS
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AUTUMN CREEK 30, p LEGEND
/ DEVELOPMENT, LTD.
Om_
OFF S / LOT 123 ESMT. EASEMENT
N RiFNosi Bg j P.O.B. POINT OF BEGINNING
LOT 139 Oct, Op• I/ R.O.W. RIGHT—OF—WAY
N ss���cFss NSF 8p3 SQ. FT. SQUARE FEET
0.5555 ACRES
24,195 SQ. FT. / oo' ,, MT 3
/
tS / 809.6
i v�'\\J\ \0 NOTE:
5
P.O.C. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES
5. LOT 140 ����� / • / */* P.O.B. ONLY IN RELATION TO THE PROPOSED
/ EASEMENTS SHO
,AUTUMN CREEK / ' BOUNDARY RVEY NOREON SHALLDITIS BE NOT A
DEVELOPMENT, LTD. / SURVEYCONSTRUED IN ANY WAY AS A BOUNDARY 1
1 11 �? / �y I/ SURVEY.
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M1� EXHIBIT OF A 0.5555 ACRE, PROPOSED
NI h / lG�c�or• 1�jr1 ,F / LOT 142 ACCESS ESMT. ABANDONMENT
o R$pR V / till.
,� SITUATED IN THE
1� `1G10 o :-'0
� JOHN DICKINSON SURVEY, A-9
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CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS •
N �6 �v�
f�� T Scale: Job No.: Date: Drawing:
x- 1"=100' 3378--00 04/28/2016 1 OF 1
COPY
0,0
ar,,. FRIENDSWOOD CITY COUNCIL AGENDA ITEM FORM
This form should be completed and forwarded to the City Manager's 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:June 10,2016
Date Submitted:July 11, 2016 Dept. Clearances: Morad Kabiri
Prepared by:Aubrey Harbin
Subject: Request to vacate 30-foot access easement/right-of-way
Originating Department: CDD City Attorney Review:Yes
Proceeding:Ordinance—2nd Reading
Degree of importance: Critical n Significant® Elective n
Expenditure Required: Amount Budgeted: RCR
Appropriation Required: Source of Funds: Roger C.Roecker
City Manager
FINANCE APPROVAL: N/A
SUMMARY/ORIGINATING CAUSE
Brown&Gay Engineers,on behalf of Autumn Creek Development,is requesting to abandon a portion of a
30-foot access easement that was dedicated to the City in 2008. At the time the easement was dedicated,
it served as temporary access on a better road for the City to access the lift station that was built and
serving the first sections of West Ranch prior to West Blvd. being extended. The easement is no longer
needed as the lift station is now accessible via West Blvd.
IMMINENT CONSEQUENCES/BENEFIT TO COMMUNITY
Vacating the easement will formally do away the majority of the easement within what is currently being
platted as Arbor Gate'at West Ranch Section 3. The lift station is now accessible by public roads,
specifically West Blvd.
RECOMMENDATIONS
A No Objection Letter was provided by Patrick Donart, City of Friendswood Public Works Director/City
Engineer. The Planning and Zoning Commission voted 6 to 0 on June 6, 2016,on a motion to approve the
request and is therefore forwarding a positive recommendation.
ATTACHMENTS
Ordinance
Exhibit
PZ Recommendation 6-6-16
City of Friendswood
Memo
To: Mayor and City Council
From: David O'Farrell, Planning and Zoning Commission Chairman t \
Date: June 7,2016
Re: Request to vacate a 30-foot access easement located at the
future Arbor Gate at West Ranch Section 3, a 30' by 809.67' tract
of land (24,195' sq.) being part of a 30' easement to be
abandoned, located within lots 121, 122, 123, 124, 139, 140, 141,
and 142 of Sloan Subdivision, a subdivision recorded in Volume
3, Page 61A (Volume 245A, Pg. 6) of the Map Records of
Galveston County, Texas
At the meeting held Monday, June 6, 2016, the City of Friendswood Planning
and Zoning Commission voted 6 to 0 (one vacant position) on a motion to
approve the above mentioned request; therefore, the Commission is forwarding
a positive recommendation to City Council.
Michelle A. Perez
From: Arnold Polanco
Sent: Wednesday, May 18, 2016 2:29 PM
To: Aubrey Harbin; Roger Roecker; Melinda Welsh; Morad Kabiri
Cc: Michelle A. Perez; Glenda C. Faulkner; Becky Summers
Subject: RE: Application to Vacate Access Easement -West Ranch
Attachments: Ord 2016-XX vacation of public easement (Arbor Gate).doc; Quitclaim deed (Arbor
Gate).doc
Aubrey: attached are the draft ordinance and quitclaim deed for the referenced vacation request.
Arnold G. Polanco
City Attorney
City of Friendswood, Texas
910 S. Friendswood Dr.
Friendswood,Texas 77546
Tel: (281) 996-3250
Email: apolancoPfriendswood.com
**Please note that any correspondence,such as e-mail or letters,sent to City staff or City officials may become a public record and made
available for Public/media review.**
**ATTENTION PUBLIC OFFICIALS!! A"Reply to All"of this e-mail could lead to violations of the Texas Open Meetings Act.Please
reply only to the sender.**
From: Aubrey Harbin
Sent: Wednesday, May 04, 2016 4:58 PM
To: Roger Roecker; Melinda Welsh; Morad Kabiri; Arnold Polanco
Cc: Michelle A. Perez; Glenda C. Faulkner; Becky Summers
Subject: Application to Vacate Access Easement - West Ranch
All,
Please see the attached memo and documents for a request to vacate a 30-foot access easement. We request that this
be on for JPH and possible first reading on June 6.
Thanks,
Aubrey
Aubrey Harbin,LEED AP
City Planner
City of Friendswood
1
910 S.Friendswood Drive
Friendswood,Tx 77546
Direct:281.996.3280
Fax: 281.996.3260
www.friendswood.com
2
MAY BE VIEWED IN ITS ENTIRETY
IN THE CITY SECRETARY'S OFFICE
AN ORDINANCE APPROVING A
VACATION OF A PORTION OF A
PUBLIC RIGHT-OF-WAY.
I MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD,
TEXAS, DO HEREBY CERTIFY THAT ON MAY 25, 2016, PROPOSED
ORDINANCE NO. T2016-27, WAS POSTED AT THE CITY HALL, PUBLIC
LIBRARY BULLETIN BOARD AND DISTRIBUTED TO MAYOR AND
COUNCILMEMBERS AND MADE AVAILABLE TO THE PUBLIC FOR REVIEW.
ATTEST:
MELINDA WELSH, TRMC
CITY SECRETARY
DATE: 05/25/16 FIRST READING: 06/06/16
TIME: 3:00 PM SECOND AND FINAL READING: 07/11/16