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HomeMy WebLinkAboutOrdinance No. 2016-27 (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 final reading this 11th day of July, 2016. f' Kevin M. o nd Mayor ATTEST: ..•• •..o :.OFF RI ; Q•'. e :® ' Melinda Welsh, TRMC 's ' City Secretary ;N ; �¢ .. 9 co TF OF TE'� 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 BASEMENT ABANDONMENT DESCRIPTION OF A 0.5555 ACRE TRACT OF LAND SITUATED IN THE JOAN 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 EasemontNo. 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 Antumn Creek DcvelopmeM 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: COMMh1NC.WG at a 5I8-inch iron pipe with cap stamped"Brown&Gay"found for the common southerly comer of Lot 124 and Lot 125 of said SLONE SUBDIVISION,lying on the northerly line of said 30 foot Access Easement; THENCE,N 6647'00-W,a distance of 30.00 feet along said northerly line to the POINT Or BEGINNING and most easterly comer of the herein described tract; THENCE,S 23°13'00"W,a distance of 30.00 feet over and across said 30 font road to a point lying orr 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 SUBDIVISIONto the most westerly comer of the herein described tract,lying on the east right-of-way line of West Boulevard(100 feet wide)as recorded under PlatRecord 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 Or 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 GC.M.R. The above description is not to be used as fee conveyance, 4 + r ®a Nicolas Vann RPLS No.6393 lylCp�q "vp"t"u" ' Brown&Gay Engineers,Inc. +9. „ 10771 Westheimer Road,Suite 400 Q�! Houston,Texas 77042 !� i�as„, y Telephone:(281)558-8700 M BiINYEt� TBPLS Licensed Surveying Firm No. 10106500 Page I of MADISTRICTSMMMARBOR GATE S3 3378\06 3URVHW4 PINALMMB\0_5555MB1.DCCX } o o & w ° W ANN°' � V• H Gaol=m BS$ � z � >Ky m W ZO Z B � �QF p.WON4 T g 1A66Z W0 Y W W}W a w K} � FWOyU OWcd3o�1T°z3 9w } W Y 0 0 I m w 6 00 o W QQZia wo K ¢ N V1 V g N = M (y� M h J W6-2'� Y�VN1�? oa OU Z `+ J 9. M J U _I 3 �KF-}� -m m a U O OJ � � �ZW��} It Z o NJQr/�7ZK W F O W Z V r NOOG ZQWNU� Wcl.KN O O W N V0 Z N N � ° w :2 O a ZJ is/MSSNy 107'�v1b O y K O 6 M s•u� Q?�I M oz. -7 ma° o J � � 0 °n Mb Q C to to � m o O CD ^� N y, �a 114 rs !ECw!ry 'WV at X81 9leZ 8Z/4 P'lY.1Sen-p\alou!ryp\Ze^+^5-90\UL CS-.1w,a9�V aWWd\e)o!pel .% Quitclaim 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: 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. of and Mayor ATTEST: too ` © Melinda Welsh, TRMC U;" O . City Secretary 0 : (P ; STATE OF TEXAS . . T�pF TEP 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 day of Ai'�4 2016. „... MICHELLE PEREZ _® Notary to#12845085-2 Notary Public, State of Texas NOTARY PUBLIC STATE OF TEXAS My Commissron Expires 11-1&2018 Printed name: My commission expires: - ----- — Quitclaim Deed Exhibit A ARBOR GATEAT WEST RANCH SEC 3 APRIL 28,2016 f 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 EasemeatNo.1 t, granted to the City of Friondswood 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 tinder Volmne 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: COZY MENCiNG at a 518-inch iron pipe with cap stamped`Brown&Gay"found for the common southerly comer of Lot 124 and Lot 125 of said SLONE SUBDIVISION,lying on the northerly line of said 30 foot Access Easement; THENCE,N 6647'00"W,a distance of 30,00 feet along said northerly line to the POINT OF .BEGINNING and most easterly comer 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 66 047'00"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 P1atRecord 2012A Map Numbers 34&35 of the G.C.M.R. and being the beginning of a nou-tangent curve to the left from which its center bears N 54°35'23"W, 1,986.50 feet; TI3BNCE,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 00 053'02"and a chord which bears N 34°58'06"B,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 lots,same being the southerly line ofLots 121-124 of said SLONE SUBDIVISION,to the POINT OP 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. 4�ot + � ¢ Nicolas Vann RPLS No.639 1.lryNhHry1.,.W,ryHNH 1 1COLAS V Brown&Gay Engineers,Inc. ►�" v�' 10777 Westheimer Road,Suite 400 aR xtV Houston,Texas 77042 �„ @ Telephone:(291)558-8700 Bp SUpYit�� TBPLS Licensed Surveying Firm No. 10106500 Page 1 of t X:WISTRIM%WRMDVARBOR GATS_S3 3378ieb 3URVHY10d FINALSWBW_5555MB1.DCCX t e Q w p Z � c a8 mz a : o a�0t_.0 Ms wQwoo � N U M Z U y Q a Q tl s Q m z m z ll gwaw '11a 1s N z w m3 ¢ moo:�- ¢ � M o Q Q z �LL tOOZza ° oyQZL�Z o L1. q zz� p wow m KV' N O O U' gOxV' = inOQrrKQ wryg w V) A C > °a M VOI rQV]SOJI? m in—.g Fill O F- _ F N F U M t6'33LL NJw�Z� 7 .~.1 M w � m n wad( z Fro mUN O O W N V 0 Z N 7l U d/Yb rNOh'jg a° m z S3 PNb rc � z =a � m �t0) h'VP O o � d U � K O Q M s \ \� w'�, O• W \\ u�i \^ s o 0 r> i � r uw ^ J w U O to \ c3 rn c3 N x w �a arf�'yod,o Q o 9. ry Y hlswlp'Wtl BI:Ot 9102/8ZPo 'blp't%39iS8—O�slou�{yb�Aeun9-90\8t£iris—a)op—�a4r4�0%lVd�s)op)et :g 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. Dwight D. Sullivan, County Clerk Op G++►-v 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.