HomeMy WebLinkAboutQuitclaim - Robert M. Ellis & Mary L. Ellis - 404 FALLOW LN 2013076210
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Quitclaim
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Date: December 2 , 2013
Grantor: City of Friendswood, Texas
Grantor's Mailing Address: 910 S. Friendswood Drive, Friendswood, Galveston County, Texas
77546
Grantee: Robert M. Ellis & Mary L. Ellis
Grantee's Mailing Address: 404 Fallow Lane, Friendswood, Galveston County, Texas 77546
Consideration: Ten Dollars ($10.00)
Property (including any improvements):
All of that certain portion of a utility easement lying and being situated in
Galveston County, Texas, being out of an existing sixteen (16) foot wide utility
easement situated at the rear of 404 Fallow Lane, being Lot 2, 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, 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 2 day of December,2013.
CITY OF FRIENDSWOOD, TEXAS
By:
Kevin M. olland
Mayor
ATTEST: •.........
. OF
............ °
p .
.
Melinda Welsh, TRMC
City Secretary N'• o
•^ 0
STATE OF TEXAS §
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 cA day of December,
2013.
�AgQa37-�yVa, acsr��
Notary Public, State of Texas
HEATHER VAN DINE L � /
NOTARY PUBLIC Printed name: �QQ'1�Q1'°� gayblj\ —
c3P; State of Texas
"FOF 'Comm.Exp.05-12-2014
My commission expires: MIA la , l
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 comer 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 45 000'00"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 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 45 000'00"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 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 1 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-
1305-6162.
Prepared by:Ashley Sims
Checked by:Christian Offenburger,R.P.L.S. APL / �".oF_rF
Boundary One Surveyors, LLC p•EG'•
150 W.Shadowbend,Suite 303
Friendswood,TX 77546 OFFS
(281)648-3131 C�9� 9
FSSiQ
(281)648-3737 FAX \ Sir
www.bou7done corn U5i
FILED AND RECORDED
51P'SE O.o
OFFICIAL PUBLIC RECORDS
R 076210
December 12, 2013 02:06:22 PM
FEE: $,29.00
Dwight D. Sullivan, County Clerk
Galveston County, TEXAS
(Title:An ordinance approving a partial vacation of a public right-of-way.)
ORDINANCE NO. T2013-44
AN ORDINANCE APPROVING A PARTIAL VACATION
OF A PUBLIC RIGHT-OF-WAY SITUATED ON
PROPERTY LOCATED AT 402, 404, 406, 408, 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 4a' day of November ,2013.
PASSED,APPROVED, and ADOPTED on second and final reading this 2"d day of
December,2013.
Kevin M. App and
Mayor
tlBtltl
ATTEST:
0.
Melinda Welsh,TRMC e°Ne
City Secretary
OI_ I N OO°P
Ord 2013-44 2