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Home My WebLink AboutOrdinance No. 2013-44 (Title: An ordinance approving a partial vacation of a public right-Of-way.) ORDINANCE NO. 2013-44 AN ORDINANCE APPROVING A PARTIAL VACATION OF A PUBLIC RIGHT-OF-WAY SITUATED ON PROPERTY LOCATED AT 4029 4049 4069 4089 410 AND 412 FALLOW LANE, FRIENDSWOOD, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUITCLAIM DEED BY AND BETWEEN THE CITY AND ROBERT SALINAS, ROBERT M. & MARY L. ELLIS, GARY E. & LYNDA L. HARRIS, LESLI SCHILLER & DWAYNE DRISKILL, GREGORY B. & BARBARA A. CURNUTT, AND CLARENCE V. & CANDICE L. SCHUBERT. WHEREAS, a sixteen (16) foot wide utility easement was dedicated to the public by - way of a recorded Corrected Plat of The Orchard subdivision, over and across a portion of the rear of the properties located at 402, 404, 406, 408, 410 and 412 Fallow Lane, Friendswood, Texas; and WHEREAS, the owners of said properties have applied to the City for the vacation of an eight (8) foot wide portion of the said sixteen(16) foot wide utility easement; 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 partial vacation of the sixteen (16) foot wide utility 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, any and all quitclaim deeds necessary to provide for the vacation and release of the following portion of the utility easement to the owners of properties located at 402, 404, 406, 408, 410 and 412 Fallow Lane, Friendswood, Texas: Being the south eight (8) feet of an existing sixteen (16) foot wide utility easement situated at the rear of 402, 404, 406, 408, 410 and 412 Fallow Lane, being Lots 1, 2, 3, 4, 5 and 6, Block 1 of Corrected Plat of The Orchard, a subdivision in Galveston County, Texas, according to the plat thereof, recorded in Volume 18, Page 405, 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 description attached to this ordinance as Exhibit "A" shall constitute the legal description of the utility easement being vacated and released in divided interests to the owners of properties located at 402, 404, 406, 408, 410 and 412 Fallow Lane, Friendswood, Texas. PASSED AND APPROVED on first reading this 4th day of November ,2013. PASSED, APPROVED, and ADOPTED on second and final reading this 2"d day of December, 2013. Kevin M. h and Mayor YyYYYtlYY ATTEST: .`` V Fil e Melinda We1shC �:�� '�/®•� City Secretary �YNJ P "Y �TFOFY��°°° Ord 2013-44 2 METES AND BOUNDS DESCRIPTION 0.0184 ACRE (800 SQUARE FEET) JAMES PERRY&EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.0184 acre (800 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0184 acre tract of land being more particularly described as follows (bearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD): COMMENCING at a 1/2-inch iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve"A", THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774, G.C.M.R.; THENCE, South 45°00'00" East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45°00'00" East, departing said northeasterly R.O.W. line and at 8,00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 100.00 feet to a point marking the most northerly corner of the herein described tract; THENCE, South 45 000'00"East, along the northeasterly line of said Lot 1 and the southwesterly line of Lot 2, of said Block 1, a distance of 8.00 feet to a point marking the most easterly corner of the herein described tract; THENCE,South 45°00'00"West, at 16.00 feet from and parallel to the northwesterly line of said Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 100.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489" set on the aforesaid northeasterly R.O.W. line of Melody Lane and for the most southerly corner of the herein described tract; THENCE, North 45 000'00"West, along said northeasterly R.O.W. line, a distance of 8.00 feet to the POINT OF BEGINNING and containing 0.0184 acre (800 square feet) of land. This description is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013. Project Number 6767-1305-6162. Prepared by: Ashley Sims Checked by: Christian Offenburger, R.P.L.S. Boundary One Surveyors, LLC T�E•°F rF 150 W. Shadowbend,Suite 303 PP Friendswood,TX 77546 C ISTI OFF (281) 648-3131 ,9 54$9 (281) 648-3737 FAX h9y°Fessi4• www.boundarvone.com 'surly METES AND BOUNDS DESCRIPTION 0.0165 ACRE (720 SQUARE FEET) JAMES PERRY&EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.0165 acre (720 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 2, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0165 acre tract of land being more particularly described as follows (bearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD): COMMENCING at a 1/2-inch iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve "A", THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774,G.C.M.R.; THENCE, South 45 000'00"East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5/8-inch iron rod set for corner; THENCE, North 45 000'00" East, departing said northeasterly R.O.W. line and at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 100.00 feet to a point located in the northeasterly line of said Lot 1 and the southwesterly line of said Lot 2 and marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45°00'00" East, continuing at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 90.00 feet to a point located in the northeast line of said Lot 2 and the southwest line of Lot 3, of said Block 1 and marking the most northerly corner of the herein described tract; THENCE, South 45 000'00"East, along the northeasterly line of said Lot 2 and the southwesterly line of said Lot 3, a distance of 8.00 feet to a point marking the most easterly corner of the herein described tract; THENCE, South 45°00'00"West, at 16.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD,a distance of 90.00 feet to a point located in the northeasterly line of said Lot 1 and the southwesterly line of said Lot 2 and marking the most southerly corner of the herein described tract; THENCE, North 45 000'00" West, along said northeasterly line of said Lot i and the southwesterly line of said Lot 2, a distance of 8.00 feet to the POINT OF BEGINNING and containing 0.0165 acre (720 square feet) of land. This description is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013, Project Number 6767- 1305-616Z. Prepared by: Ashley Sims Checked by: Christian Offenburger, R.P.L.S. Boundary One Surveyors, LLC 150 W.Shadowbend, Suite 303 Friendswood,TX 77546 TI OFFE R (281) 648-3131 0 9 9y' FFSS o. (281) 648-3737 FAX 11.0\sU6 r www.boundaryone.com ;: METES AND BOUNDS DESCRIPTION 0.0165 ACRE (720 SQUARE FEET) JAMES PERRY&EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY,TEXAS Being a tract or parcel containing 0.0165 acre (720 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 3, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0165 acre tract of land being more particularly described as follows (bearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD); - - - - COMMENCING at a 1(2-inch Iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve°A", THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774, G.C.M.R.; THENCE, South 45 000'00" East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5J8-inch Iron rod set for corner; THENCE, North 45°00'00" East, departing said northeasterly R.O.W. line and at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 190.00 feet to a point located on the northeasterly line of Lot 2 and the southwesterly line of said Lot 3 and marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45°00'00" East, continuing at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 90.00 feet to a point located on the northeast line of said Lot 3 and the southwest line of Lot 4, of said Block 1 and marking the most northerly corner of the herein described tract; THENCE, South 45°00'00"East, along the northeasterly line of said Lot 3 and the southwesterly line of said Lot 4, a distance of 8.00 feet to a point marking the most easterly corner of the herein described tract; THENCE,South 45 000'00"West,at 16.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 90.00 feet to a point located on the northeasterly line of said Lot 2 and the southwesterly line of said Lot 3 and marking the most southerly corner of the herein described tract; THENCE, North 45 000'00" West, along said northeasterly line of said Lot 2 and the southwesterly line of said Lot 3, a distance of 8.00 feet to the POINT OF BEGINNING and containing 0.0165 acre(720 square feet) of land. This description Is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013. Project Number 6767- 1305-616Z. Prepared by: Ashley Sims Checked by: Christian Offenburger, R.P.L.S. g F Boundary One Surveyors, LLC 150 W. Shadowbend, Suite 303 e Friendswood,TX 77546 OFFE (281) 648-3131 5 P, (281) 648-3737 FAX D.ess, wwm boundarvone.com METES AND BOUNDS DESCRIPTION 0.0165 ACRE (720 SQUARE FEET) JAMES PERRY&EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.0165 acre (720 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 4, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0165 acre tract of land being more particularly described as follows (bearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD): COMMENCING at a 1/2-inch iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve"A", THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774, G.C.M.R.; THENCE, South 45 000'00" East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5/8-inch iron rod set for corner; THENCE, North 45 000'00" East, departing said northeasterly R.O.W. line and at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 280.00 feet to a point located on the northeasterly line of Lot 3 and the southwesterly line of said Lot 4 and marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45 000'00" East, continuing at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 90.00 feet to a point located on the northeast line of said Lot 4 and the southwest line of Lot 5, of said Block 1 and marking the most northerly corner of the herein described tract; THENCE, South 45 000'00"East, along the northeasterly line of said Lot 4 and the southwesterly line of said Lot 5, a distance of 8.00 feet to a point marking the most easterly corner of the herein described tract; THENCE, South 45°00'00"West, at 16.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 90.00 feet to a point located on the northeasterly line of said Lot 3 and the southwesterly line of said Lot 4 and marking the most southerly corner of the herein described tract; THENCE, North 45 000'00" West, along said northeasterly line of said Lot 3 and the southwesterly line of said Lot 4, a distance of 8.00 feet to the POINT OF BEGINNING and containing 0.0165 acre (720 square feet) of land. This description is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013. Project Number 6767- 1305-6162. Prepared by: Ashley Sims Checked by: Christian Surveyors, nburger, R.P.L.S. ��E.oF p Boundary 150 W. Shadowbend, Suite 303 Friendswood,TX 77546 DTI TOFF (281)648-3131 o r (281) 648-3737 FAX 1 ?o�ESSr, SUA www.boundar one.com METES AND BOUNDS DESCRIPTION 0.0219 ACRE (956 SQUARE FEET) JAMES PERRY&EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.0219 acre(956 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 5, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0219 acre tract of land being more particularly described as follows (bearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD): .:.. COMMENCING at a 1/2-inch iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve"A",THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774, G.C.M.R.; THENCE, South 45 000'00" East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5/8-inch iron rod set for corner; THENCE, North 45 000'00" East, departing said northeasterly R.O.W. line and at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 370.00 feet to a point located in the northeasterly line of Lot 4 and the southwesterly fine of said Lot 5 and marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45 000'00" East, continuing at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 121.04 feet to a point located on the northeasterly line of said Lot 5 and the southwesterly line of Lot 6, of said Block 1 and marking the most northerly corner of the herein described tract; THENCE, South 23 045'18" East, along the northeasterly line of said Lot 5 and the southwesterly line of said Lot 6, a distance of 8.58 feet to a point marking the most easterly corner of the herein described tract; THENCE, South 45 000'00"West,at 16.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 117.93 feet to a point located on the northeasterly line of said Lot 4 and the southwesterly line of said Lot 5 and marking the most southerly corner of the herein described tract; THENCE, North 45 000'00" West, along said northeasterly line of said Lot 4 and the southwesterly line of said Lot 5, a distance of 8.00 feet to the POINT OF BEGINNING and containing 0.0219 acre (956 square feet) of land. This description is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013. Project Number 6767- 1305-616Z. Prepared by: Ashley Sims Checked by: Christian Offenburger, R.P.L.S. 7��E Boundary One Surveyors, LLC Pao' 150 W. Shadowbend,Suite 303 Friendswood,TX 77546 TI OFE ER (281) 648-3131 a. FES51 (281) 648-3737 FAX 2p www.bou EyQne.cotn SuBy-. METES AND BOUNDS DESCRIPTION 0.0192 ACRE (836 SQUARE FEET) JAMES PERRY & EMILY M. AUSTIN LEAGUE ABSTRACT NUMBER 20 GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.0192 acre (836 square feet) of land in the James Perry and Emily M. Austin League, Abstract Number 20; being out of and a part of Lot 6, Block 1, CORRECTED PLAT OF THE ORCHARD, a subdivision plat of record in Volume 18, Page 405, Galveston County Map Records (G.C.M.R.); said 0.0192 acre tract of land being more particularly described as follows (hearings are oriented to the bearing base reflected on said CORRECTED PLAT OF THE ORCHARD), COMMENCING at a 1/2-inch iron rod found on the northeast right-of-way (R.O.W.) line of Melody Lane (70 feet wide at this point) and marking the most westerly corner of Lot 1, Block 1, CORRECTED PLAT OF THE ORCHARD; said iron rod also marking the most southerly corner of Restricted Reserve "A", THE FOREST SECTION TWO, a subdivision plat of record in Volume 18, Page 774,G.C.M.R.; THENCE, South 45°00'00" East, along said northeasterly R.O.W. line, a distance of 8.00 feet to a 5/8-inch iron rod set for corner; THENCE, North 45 000'00" East, departing said northeasterly R.O.W. line and at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 491.04 feet to a point located on the northeasterly line of Lot 5 and the southwesterly line of said Lot 6 and marking the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 45°00'00" East, continuing at 8.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 102.96 feet to feet to a 5/8-inch iron rod with plastic cap stamped 'BOUNDARY ONE-RPLS 5489" set on the southwesterly line of a 16-foot wide utility easement adjoining the northeast line of said Lot 6, CORRECTED PLAT OF THE ORCHARD; said iron rod for the most northerly corner of the herein described tract; THENCE, South 45 000'00" East, along the southwesterly line of said 16-foot wide utility easement, a distance of 8.00 feet to a 5/8-inch iron rod with plastic cap stamped "BOUNDARY ONE-RPLS 5489"set marking the most easterly corner of the herein described tract; THENCE, South 45 000'00"West, at 16.00 feet from and parallel to the northwesterly line of said Block 1, CORRECTED PLAT OF THE ORCHARD, a distance of 106.07 feet to a point located on the northeasterly line of said Lot 5 and the southwesterly line of said Lot 6 and marking the most southerly corner of the herein described tract; THENCE, North 23 045'18"" West, along said northeasterly line of said Lot 5 and the southwesterly line of said Lot 6, a distance of 8.58 feet to the POINT OF BEGINNING and containing 0.0192 acre(836 square feet) of land. This description is based upon the Exhibit of 0.109 acre prepared by Boundary One, LLC dated October 7, 2013. Project Number 6767- 1305-616Z. Prepared by: Ashley Sims Checked by: Christian Offenburger, R.P.L.S. �6`oF TF Boundary One Surveyors, LLC A, 150 W. Shadowhend,Suite 303 RI A FFENB Friendswood,TX 77546 (281) 648-3131 120FFSS,o. 'O . (281) 648-3737 FAX s iR AM w-V boundary0ne—co \��