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HomeMy WebLinkAboutOrdinance No. 2013-02 (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,Few,2013. PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day of March,2013. I Kevin oHand Mayor ATTEST: OF .. FRIEly S ^ � ��� • %.. 0 Melinda Welsh,TRMC :v City Secretary . N: :Oj. •rFOF'� ••. Ord 2013 -02 2 Ordinance 2013-02 Exhibit A r / ' s•V \/ \ �4 S" \ eil / \2°.\ pi 4oh < < Ia.3' h li A C4 \\ 1 ry �k, 72 \ Ill �� 13 BLOCK 12, OF LOT , SScnO�l �0\ LONSECTOIONPI�K / � \ LINE BEARING DISTANCE ` L1 N 41'25'30" E 6.00' \ , L3 N 3526'30" E 35.00' `ONc0T? QB \ \ / L4 N 54'33'30" W 3.00' O�,alp O % \ LOT 12 L5 S 35'26'30" W 35.00' Qp�4 L6 S 60'24'30" E t.50' L7 S 48'42'30" E 1.52' ��` s .o ' 0 \ PROPOSED ABANDONMENT OF A 3' X 35' GUY WRE EASEMENT A 0.0024 acre (105 Sq, Ft.) tract out o1 and a part of Lot Thirteen (13). Block Twelve (12), of Longwood Park Subdivision. a subdivision in Galveston County. Texas, according to the mop or plat thereof recorded In Volume 254—A, { Page 90, of the Mop Records and transferred to Volume S. Page 7, of the Map Records of Galveston County, Texas, said 0.0024 acre tract being more particularly described by moles and bounds as follows: COMMENCING at the south corner of sold Lot 13, same being the west corner of Lot 12. in said Block 12; THENCE N4126307E 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 retarded plat of said Longwood Park Subdivision; THENCE N4842'30*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 N35'26'30'E along and with the easterly line of sold guy wire easement, a distance of 35.00' to o point for the most easterly corner of the tract herein described; THENCE N54'33'3O'E along and with the northerly line of said guy wire easement, a distance of 3.00' to a paint for the most northerly corner of the tract herein described; THENCE S35'26'30-W along and with the westerly line of sold guy wire easement, a distance of 35.00' to d point for . the most westerly corner of the tract herein described and being in the northerly line of sold 6.0' utility easement; THENCE S6024'30'E along and with the northerly Tina o1 said 6.6 utility easement, a distance of 1.50' to an angle point of the tract herein described; THENCE S48'42'3WE along and with the northerly line of sold 6.0' utility easement, a distance of 1,52' to the POINT OF BEGINNING of the tract herein described. I, the undersigned, o Registered 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�,���� G �Wi5 Basis of Bearing: Common line of Lot 4 and Robert D. Ellis, R.P.L.S. sold Lot 13 — N4842'30-E as per recorded plot Tx. Reg. No. 4006 Date: 11-07-12 ;,tE OF T�,.,_ ELLIS SURVEYING SERVICES 1Q:pCars4rFafo;�y Scale: 1" = 20' f7: Texas American Title - ""'"""RT D.b...E G.F. NO. 7875-12-1136 8419 Emmett F. Lowry ROBE . LLIS Texas City, Texas 77591 4006 ;;rr Tel.: 409-938-8700 vN YRss o?•yo Fox: 866-678-7685 .� SUtLJ - 4 PGS Agh Quitclaim Py 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 Januarv, 2013. CITY OF FRIENDSWOOD, TEXAS By: `A Kevin and Mayorlv�7 ATTEST: ° ��Et1ENdSGL0 .O°° Melinda Welsh, TRMC City Secretary 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. [(9my ICHELLE ANN PEREZNotary Public, State of Texas SATE OF UTEXAS Printed name:Commission Expires 1148.2014 My commission expires: 1 I $ a l Exhibit A S/ \\0,•4 �4.3' lilt i (v,.py 9Rk 3�2 0 \ \ 111 p0 LOT 13, BLOCK 12, OF F0Tj0AI 'oN0\ < qo LONSECTIIONPARK, / A \ 7 LINE BEARING DISTANCE %� \ L1 N 41'25'30" E 6.00' L2 N 48'42 30" W 54.11' C0tiC0j• 1-3 N 35'26'30" E 35.00' L4 N 54'33'30" W 3.00' O�ACp 0�Y \ LOT 12 L5 S 35'26'30" W 35.00' L6 S 60'24'30" E 1.50' S�? L7 S 48'42'30" E 1.52' °o I PROPOSED ABANDONMENT OF A S X 35' GUY WIRE EASEMENT A 0.0024 acre (105 Sq. Ft.) tract out of and a part of Lot Thirteen (13). Block Twelve (12). of Longwood Park -`� Subdivision, a subdivision in Galveston County, Texas, eccording 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 particulady described by metes and bounds as follows: COMMENCING at the south corner of said Let 13, same being the west corner of Lot 12, In said Block 12: THENCE N4f'25'3C'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 N48'42'30'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 N3576'30'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 N54'3S30'E along and with the northerly Tins of said guy wire easement, a distance of 3.00' to a point for the most northerly corner of the treat herein described; THENCE S35'26'3WW along and with the westerly line of said guy wife easement, a distance of 35.00' to a point for the most westerly corner of the treat herein described and being in the northerly line of said 6.0' utility easement; THENCE S60'24'30"E along and with the northerly line of said 6.0' utility easement, o distance o1 1.50' to an angle point of the tract herein described: THENCE S4842'30'E along and with the northerly line of sold 6.0' utility easement, a distance of 1.52' to the POINT OF BEGINNING of the tract herein described. 1, the undersigned, a 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 belief. G �W�/y�� e� ' 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 plat Tx. Reg, No, 4006 OF F Dote: 11-07-12 ELLIS SURVEYING SERVICES /'�Ptptulsi'cafT,'�%9\\. Scale: 1" = 20' y; ur Texas American Title $419 Emmett F. Lowry R06ERT 0. ELLIS G.F. N0. 7875—t2-113s Texas City, Texas 77591 •.•q 5006 <i� Tel,: 409-938-8700 9N°`CSeo?:yp U SURGE Fax: 866-678-7685 FILED AND RECORDED y,�pSe uF a OFFICIAL PUBLIC RECORDS 4w- - 00 March 08, 2013 09:48:20 AM FEE: $24.00 Dwight D. Sullivan, County Clerk Galveston County, TEXAS FILED AND RECORDED 2SPSE OP OFFICIAL Pl1BLIC RECORDS March 08, 2013 09:48:20 AM FEE: $24.00 Dwight D. Sullivan, County Clerk Galveston County, TEXAS I 1