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Home My WebLink AboutOrdinance No. 2024-35ORDINANCE NO.2024-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE VACATION OF A 10-FOOT WATER LINE EASEMENT WITHIN THE JOYFUL PARK SUBDIVISION, GENERALLY LOCATED AT 2907 W PARKWOOD AVENUE, SAID EASEMENT BEING AN APPROXIMATE 14,637.67 SQUARE -FOOT TRACT OF LAND WITHIN JOYFUL PARK, A SUBDIVISION IN THE BEATY, SEALE, AND FORWOOD SURVEY NO. 5, ABSTRACT 625 IN FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the Joyful Park Subdivision plat, which was recorded in 2022, included the dedication of a public 10-foot waterline easement down the side and across the rear of the property generally located at 2907 W Parkwood Avenue, said easement being an approximate 14,637.67 square -foot tract of land within Joyful Park, a subdivision in the Beaty, Seale, and Forwood Survey No. 5, Abstract 625 in Friendswood, Galveston County, Texas, and more particularly depicted in Exhibit "A" which is attached hereto and incorporated herein for all intents and purposes (the "Easement"); and WHEREAS, in the process of developing more detailed utility connections for the subdivision, it was determined that boring under FM 528 to connect to the existing water system was more feasible, which rendered the Easement unnecessary; and WHEREAS, the Easement is a significant hindrance to the new landscaping and drainage plans for the property; therefore, BASG Friendswood, LLC, the owner of the property abutting the Easement (the "Petitioner") has requested the City of Friendswood to abandon the Easement; and WHEREAS, on September 18, 2024, the City published notice of the public hearings to be held before the Planning and Zoning Commission and the City Council; and WHEREAS, on October 10, 2024, the Planning and Zoning Commission, after conducting a public hearing at which any person desiring to speak regarding the vacation of the Easement was given an opportunity to do so, voted to recommend the City vacate the Easement; and WHEREAS, on November 4, 2024, the City Council, after conducting a public hearing at which any person desiring to speak regarding the vacation of the Easement was given the opportunity to do so, determined that (i) the City had not made an actual appropriation of the Easement by entry, use or improvement, (ii) the public convenience will not be harmed by such vacation, and (iii) the Easement should be vacated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the findings and recitations set out in the preamble to this ordinance are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all intents and purposes. Section 2. That the City Council of the City of Friendswood, Texas, hereby authorizes the vacation of the Easement and authorizes the Mayor to execute a quitclaim deed, a copy of which is attached hereto as Exhibit 'B" and made a part hereof for all intents and purposes. Section 3. This ordinance shall take effect immediately from and after its passage by the City Council of the City of Friendswood. INTRODUCED, READ and PASSED on first and final reading by the affirmative vote of the City Council of the City of Friendswood on this the 41h day of November, 2024. /7 r ATTEST: LETICIA BRYSCH, City KAREN L. HORNER, City Attorney MIKE FPREM4N, Mayor U O CO S�gTF OF j<' HACity Council\Ordinances\2024\I I-04-2024\0rdinance - Vacating a Waterline Easement.docx EXHIBIT "A" The southern and eastern portions of a 10-foot waterline easement totaling approximately 14,637.67 square -foot tract of land within Joyful Park, a subdivision in the Beaty, Seale, and Forwood Survey No. 5, Abstract 625 in Friendswood, Galveston County, Texas, according to the map or plat thereof recorded as Instrument Number 2022070747, depicted as follows: 1 YR> E.YNENi - I I LW [. r [.4LKpn t.11 v. .4n / � rr��i' i m cad w\.. n• w tj :IM1 [4$f YENi - L.;FNOLT „Lc pf _ ' IIGI A) s" �1y a pppC �ppp �J vy uffw4, d Pv? =i 1 � l+J 1 f.eal} ua- / "1"1 W IT j�j �• $e ININI'111C7� i M101r! T �{R'F 0.NN .4 fl.lm iD Il 2� Q .earn uc / ,w,ox WIT (Vacated 10' Water Line Easement e N'.ael- . loY.v Exhibit "A." Page Solo Exhibit " B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT the CITY OF FRIENDSWOOD, a home -rule municipality located in Galveston and Harris Counties, Texas, as Transferor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the GRANTEE herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to BASG Friendswood, LLC, as Transferee, all Transferor's right, title, and interest in and to the property described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of Transferor's right, title, and interest in and to the Property, together with all and singular the rights and appurtenances belonging in any way to Transferor, by Transferee and Transferee's successors and assigns forever. Neither Transferor nor Transferor's successors or assigns shall have, claim, or demand any right, title, or interest in all or any part of the Property. Quitclaim Deed — Page 1 EXECUTED this the 4th day of November, 2024. TRANSFEROR CITY OF FRIENDSWOOD BY: MIKE FOREMAN, Mayor ftrfNIgKoyIUID T31 COUNTY OF GALVESTON Before me, , the undersigned notary public, on this day personally appeared Mike Foreman, the Mayor of the City of Friendswood, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of the City of Friendswood in the capacity stated. SUBSCRIBED AND SWORN before me, this 4th day of November, 2024. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: CITY OF FRIENDSWOOD OFFICE OF THE CITY SECRETARY 910 S FRIENDSWOOD DR. FRIENDSWOOD, TEXAS 77546 RETURN TO TRANSFEREE: ANITA ANDERSON BASG FRIENDSWOOD, LLC 1900 JILLIAN TERRACE FRIENDSWOOD, TX 77546-1532 HALega1tDeeds\2024\Quitclaim - Abandoned Waterline Easement.docx Quitclaim Deed— Page 2 EXHIBIT "A" The southern and eastern portions of a 10-foot waterline easement totaling approximately 14,637.67 square -foot tract of land within Joyful Park, a subdivision in the Beaty, Seale, and Forwood Survey No. 5, Abstract 625 in Friendswood, Galveston County, Texas, according to the map or plat thereof recorded as Instrument Number 2022070747, depicted as follows: 7 R .[O U. YR {.SM{Mr Y[ MM[ \O.\ YIRS Pow .YC PAKXt f*U "T4I - [ ` ra�� V4 VMJIl [.UK" ,gym fr•.n. lens_ee'•a'YY •.�1rt\M rm•lerel �i•+yr �•- � r :.w+ us[\[X• 1 V'0 - - n. a v .. -7 f�a" � Y•r..wr aw it ,r " . ro u�wrnciow •�• ' f, 2,M2 .G. / MW pY � I •, •� a I f �wwTwcT� Itl01@� T I .G jl,ll\An S¢ IT a hFX W Q OWOtTAX-M R.00I\!'C' voe :YO,.�iirw Iwl . �1n.fY•M'?O. (Vacated 10' Water Line Easement I s w.o-sr • w\.0 -.r.. cu.w •..�f�.ras. ,uo Exhibit "A." Page Solo