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HomeMy WebLinkAboutOrdinance No. 84-03 1 , ORDINANCE NO. 84-3 AN ORDINANCE PROVIDING FOR THE VACATING, CLOSING, AND ABANDONMENT AS A PUBLIC STREET OF THAT PORTION OF WINDING WAY STREET FROM F.M. 518 TO WHISPERING PINES STREET WITHIN THE CITY LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS ; FINDING THAT THE CITY, WITH THE CONCURRENCE OF ADJACENT PROPERTY OWNERS, AGREED TO RELINQUISH SAID STREET PORTION IN EXCHANGE FOR ADDI- TIONAL RIGHT-OF-WAY ON F.M. 518 TO IMPROVE ACCESS BY ALL PROPERTY OWNERS PREVIOUSLY SERVED BY SAID STREET PORTION; FINDING THE CLOSURE OF SAID STREET PORTION TO HAVE BEEN ORIGINALLY REQUESTED BY THE ADJACENT PROPERTY OWNERS; FINDING THAT TO CONTINUE SAID STREET PORTION CONSTITUTES A TRAFFIC HAZARD TO TRAFFIC ON F.M. 518 WITHIN THE CITY OF FRIENDSWOOD, TEXAS ; FIND- ING THAT THE ORIGINAL PURPOSE OF SAID STREET PORTION IS NOW PROPERLY SERVED BY OTHER THOROUGHFARES ; FINDING THAT ALL ADJACENT PROPERTY OWNERS WILL RETAIN SUFFI- CIENT REASONABLE ACCESS FOR THEIR PROPERTIES; FINDING THAT THE CONTINUED MAINTENANCE OF SAID STREET PORTION SERVES NO PUBLIC PURPOSE; FINDING THAT ABANDONMENT OF SAID STREET PORTION WILL BENEFIT THE PUBLIC HEALTH, SAFETY, AND WELFARE; MAKING OTHER FINDINGS AND PROVI- SIONS RELATED TO THE SUBJECT; AND DECLARING THE CON- TINUED EXISTENCE OF SAID PORTION OF WINDING WAY STREET AS A PUBLIC STREET TO BE A PUBLIC NUISANCE. * * * * WHEREAS, the City Council of the City of Friendswood , Texas , finds and determines that an improvement to F.M. 518 within the city limits of the City of Friendswood was under- taken by the Texas Department of Highways and Public Transpor- tation subsequent to 1978 to eliminate a hazardous intersection of the then existing extension of Whispering Pines Street (said extension hereinafter referred to as "a portion of Winding Way Street") with F.M. 518; and , WHEREAS, the City Council of the City of Friendswood finds and determines that said improvement to F.M. 518 was undertaken only after the City provided additional right-of-way for F.M. 518 which enabled said improvement to be undertaken by the State Department of Highways and Public Transportation; and , WHEREAS, the City by official action in 1978 agreed , with the then concurrence of the adjacent property owners , to relinquish that portion of Winding Way Street adjacent to F.M. 518 (as more particularly described herein) in exchange for additional right-of-way property from an adjacent property owner to cause the expansion and improvement of F.M. 518 ; and , • WHEREAS, the City Council of the City of Friendswood finds and determines that the City undertook said exchange of property acting in reliance on the original request of the adjacent property owners to abandon said portion of Winding Way Street to enable the improvement of F.M. 518 and the ultimate extension of Whispering Pines Street ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the continued use and access of said por- tion of Winding Way Street as a public thoroughfare perpetuates a dangerous intersection and represents a hazard to traffic on F.M. 518 for which adequate and safe provision has been made by improvements to Whispering Pines Street ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the original purpose of said portion of Winding Way Street as a public access and thoroughfare has been supplanted by improvements to Whispering Pines Street and F.M. 518 ; and, WHEREAS, the City Council of the City of Friendswood finds and determines that all property owners originally served by said portion of Winding Way Street, including those immediately adjacent to said portion, will retain more than sufficient access to public streets following abandonment of said street portion and that no property owner will be deprived of reason- able access by such abandonment ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the continued maintenance by the City of said portion of Winding Way Street serves no public purpose and is an unnecessary and unreasonable expense of public funds ; and , WHEREAS, the City Council of the City of Friendswood finds and determines that abandonment of said portion of Winding Way Street will benefit the general public health, safety, and welfare; and , WHEREAS, the City Council of the City of Friendswood finds and determines that the City, as a home-rule city, is author- ized pursuant to Article 1175(18) Vernon' s Revised Civil -2- Statutes Annotated and Section 2. 04 of the City Charter to regulate, control, close, vacate and abandon streets within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section 1. The findings stated above are hereby in all things confirmed, ratified, and adopted . Section 2. The City Council hereby finds and determines that the continued use of that portion of Winding Way Street described in Exhibit "A" hereto as a public street and thoroughfare constitutes a public nuisance. Said Exhibit "A" attached hereto is made a part of this Ordinance for all purposes . Section 3. That portion of Winding Way Street , as more particularly described in Exhibit "A" hereto, is hereby in all things closed , vacated , and abandoned as a public street and thoroughfare of the City of Friendswood, Texas , and the City Manager , or his designee, is hereby authorized to undertake any and all measures necessary to effectuate the closing, vacating, and abandonment of that portion of Winding Way Street described in Exhibit "A" herein. PASSED AND APPROVED on first reading, this the 15th day of August, 1983. PASSED AND APPROVED on second reading, this the 6th day of February , 1984. PASSED, APPROVED AND ADOPTED on third and final reading, this the 20th day of February , 1984. :5.7x(61( 7a(A_I-Q- Mayor ATTEST: C4111; ity Secretary -3- • FIELD NOTES Oil A 60 FOOT WIDE RIGHT-OF-WAY Out of Abstract 151 , Galveston County, Called Friendswood Drive and being Adjacent to a Tri- angular Parcel of Land Described in Book 3135 Page 530, Deed Records of Galveston County, Texas and more fully Described by Metes Bounds as Follows: COMMENCING at the intersection of the easterly line of F.M. 518 and the southwesterly line of Friendswood Drive; THENCE S. 47° 22' 48" E. along the westerly line of Friendswood Drive a distance of 116.24 feet to a point for PLACE OF BEGINNING; THENCE N. 42° 02' 07" E. across the existing Friendswood Drive right-of-way a distance of 60.01 feet to a 2 inch iron rod found for most southerly corner of a tract of land owned by Harry Hatcher; THENCE S. 47° 22' 48" E. along the easterly line of Friendswood Drive a distance of 286.76 feet to a point in the recently windened northerly right-of-way line of Whispering Pines, said point being 50.00 feet north of the centerline of Whispering Pines; THENCE S. 42° 02' 07" W. along the aforementioned northerly right-of-way line of Whispering Pines a distance of 60.01 feet to the point of intersection of the northerly line of Whisperir Pines and the westerly line of Friendswood Drive; THENCE N. 47° 22' 48" W. along said westerly right-of-way line of Friendswood Drive, also be- ing the easterly line of the aforementioned triangular parcel of land described in Book 3135 Page 530, a distance of 286.76 feet to the PLACE OF BEGINNING and containing 0.395 Acres of Land. • Prepared By: COENCO, Inc. Consulting Engineers Malcolm A. Collins Registered Professional Engineer and Public Surveyor Date: 19 December 1979 1I !I 8431602 W3-17 2026 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON X THAT RAY UTLEY, of the County of Galveston and State of Toxa8, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has BARGAINED, SOLD, RELEASED, AND FOREVER QUITCLAIMED, and does by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto Now Life Assembly of God Church, 104 Whispering Pines, Friondewood, Texas 77546, hereinafter referred to as Grantee, all the following described property in Galveston County, Texas, to-wit, PIELD NOTES ON A 30 FOOT WIDE STRIPE OP ANDo ut of a 60 foot Strip Formerly Celled Ps Dries (Now Closed), and Out of Abstract 151, Gal- 600t Being tosaon County,Triangular TParcel exas, SofdLandfDescribed in Book 3135, Page 530, of the Deed Records of Galveston Texas,Texas, and Hors Particularly Described by Hetes and Bounds As Follows, Conoancing at the intersection of the northwesterly right-of-way of Whiepotl'3 Pines v(60oo riv wide Closedn)), said theth northeasterly thelcostght-of-way of southerly corner he old of the property o Drive (NowdClosed),, pointof Cod Church, property now occupied by the New Life Asaeobly Thence N. 47' 22' 48" W. a dietanco of 20.0 foot to the PLACE OP BEGINNING of this. 30 foot strip of land; • feet to the line THENCE the old PriendewoodNDrivei for nthe ce fcost 00southerly corner tofnthis tract being of being described, Trcer er line of the old od ' ' a E N. distance of 286t.76ng feethe to aopoint fort the sat northwesterly corner of Driveof • this tract being described, THENCE N. 42' 02' 07" E. a distance of 30.00 feet to a 1/2 inch iron rod for the cost northerly corner of this tract being described; THENCE S. 47' 22' 48" E. along the former northeasterly right-of-way of old Priendewood Drive a distance of 286.76 feat to the PLACE OP BEGINNING, and con- taining 0.1975 Acres of Land. Prepared & Certified By, COENCO, Inc. Consulting Engineers By Nn�p �.�....a.� C1 Ole A, 0 net g I arc Professional Engineer and Public Surveyor • 00-17-2027 TO HAVE AND TO HOLD all of the above doacribod promises, together with all and singular the rights, privileges and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns, so that neither the Grantor nor any person or persons representing Grantor shall, at any time here- after, have, claim, or demand any right or title to the aforesaid premises, or any part thereof. IN WITNESS WHEREOF, this instrument is executed this,_ day of 77>/;�_ — , 1984. • • i THE STATE OF TEXAS S CO3-{7-2028 COUNTY OF GALVESTON 4 BEFORE ME, the undersigned authority, on this day person- ally appeared known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purpoaos and consideration therein expressed. Given under my hand and seal of office on thin the day of /fld142 . 1984. otary u c n an for t o ate of Texas My Commission Expiresi+� �.:. .r • I. p 41Ep f OP RECORD PINVexu COPPOFWS kw*coif oil t\.y..Wr WMY Ia,M t' gs/M!ten r W.n dal'.s M M ONO Mk Rwn d IS Monti Was Us*„u... JUL 2 19B4 ccu • ..cr..on.c..m.nn. QUIT CLAIM DEED WITH RETENTION OF ALL EASEMENTS 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. That the CITY OF FRIENDSWOOD, TEXAS, a municipal corporation ("Grantor"), existing by and under the laws of the State of Texas, acting by and through its duly elected Mayor, for cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does by these presents RELEASE AND FOREVER QUIT CLAIM all of Grantor's right, title and interest unto TBH Holding Group,LLC, ("Grantee"),the following"Property": A tract or parcel containing 0.037 acre (1,592 square feet) of land out of Lot 4, Block 11, Friendswood Subdivision, Sarah McKissick League, Abstract No. 151, City of Friendswood, Galveston County, Texas, being more particularly described by metes and bounds in the attached Exhibit "A" and by a survey in the attached Exhibit "B", which are incorporated herein for 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 to Grantee, provided, however, said quitclaim is subject to retention of all easements, whether apparent or non-apparent, aerial, surface, underground or otherwise extending to or encompassing all of the above- described Property. Said conveyance of the Property is subject to all present zoning and deed restrictions, if the latter exist. //,^, EXECUTED this •�YLn day of /Y1 are M , 20�O • THE CITY OF FRIENDSWOOD,TEXAS • Mi e orem. ' gr'or 4/ ATTEST: ........ F Ri EIy s•. -C/12(1Aj -Q-SL-V-16-7---1 -4— ...'° e. Melinda Welsh, TRMC . :0 ��� ; City Secretary •* . :* • • N • STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on Mar T ,2aG:2-e) by Mike Foreman, as Mayor for the City of Friendswood, Texas, a Texas municipal corporation, on behalf of said corporation. pcicer, Mi 7MH ELLE PEREZ `�Notary ID #12845085-2 Notary Public, State of Texas k,\s My Commission Expires s "F November 18, 2022 After Recording, Return to: TBH Holdings, LLC 104 Whispering Pines Friendswood, Texas 77546 boundary In' METES AND BOUNDS DESCRIPTION 0.037 ACRE (1,592 SQUARE FEET) OUT OF LOT 4, BLOCK 11, FRIENDSWOOD SUBDIVISION SARAH MCKISSICK LEAGUE, ABSTRACT NO. 151 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.037 acre (1,592 square feet) of land situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Texas; being out of and a part of Lot 4, Block 11, FRIENDSWOOD SUBDIVISION, a subdivision plat of record in Volume 7, Page 20 of the Galveston County Map Records (G.C.M.R.), Galveston County, Texas; said 0.037 acre tract being more particularly described as follows (bearings are oriented to the bearing base reflected by deeds recorded under G.C.C.F. No(s). 8449888 and 2018028586): COMMENCING at a 3/4-inch iron pipe found on the northwesterly right-of-way (R.O.W.) line of Whispering Pines (60 feet wide); said iron pipe for the most easterly corner of a called 1.6507 acre tract of land conveyed to TBH Holding Group, LLC, as described by deed recorded under G.C.C.F. No. 2019012992; said iron pipe also for the most southerly corner of a called 1.477 acre tract of land conveyed to Kenton D. Harris and wife, Karolena Boyle Harris as described by deed recorded under G.C.C.F. No. 8449888; THENCE, North 44°47'33" West, departing said northwesterly R.O.W. line and along the common line of said 1.6507 acre tract and said 1.477 acre tract, a distance of 20.00 feet to an angle point; THENCE, South 44°49'00" West, over and across said 1.6507 acre tract, a distance of 195.37 feet to the most easterly corner and POINT OF BEGINNING of the herein described tract; THENCE, South 45°00'00" West, a distance of 53.71 feet to the northeasterly line of a called 0.1975 acre tract of land conveyed to TBH Holding Group, LLC and for the most southerly corner of the herein described tract; THENCE, North 45°00'00" West, along said northeasterly line, a distance of 100.92 feet to the most westerly corner of the herein described tract and a point of curvature for a curve to the left; 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundaryone.com T.B.P.L.S. Firm No. 10084800 boundar Y n METES AND BOUNDS DESCRIPTION 0.037 ACRE (1,592 SQ. FT.) PAGE 2 OF 2 THENCE, Southeasterly, an arc distance of 119.02 feet along said curve to the left, having a radius of 119.62 feet, a central angle of 57°00'37", and a chord which bears South 73°03'45" East, 114.17 feet to the POINT OF BEGINNING and containing 0.037 acre (1,592 square feet) of land. Boundary One Project Number 6767-0507. Compiled by: Christian V. Offenburger, R.P.L.S. Checked by: Thomas Offenburger Boundary One Surveyors, L.L.C. OP it T '� ei '\ 150 W. Shadowbend, Suite 303 / �,, g9; . , Friendswood, TX 77546 /� ~Q`` �" • (281) 648-3131 •• . O....FFE' March 2, 2020 8. Mb0037.docx '9y�!�fss‘`. •'-4 8l1 Rv.s% 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundaryone.com T.B.P.L.S. Firm No. 10084800 / rn 0' 60' 120' 180" On No MN No i f 2 f SCALE: 1" = 60' 73 m m b xi m CALLED 1.886 ACRES JOHN P. GANNON `i G.C.C.F. NO. 2015006491 FND 5/8' IR(CM) \b N 44'56'00" E 280.09' — — `1' 30.00' 121.43' ° 128.66' L — — A FND 1/2- IR(CM m a ro w TRACT 1 0 CALLED 1.6507 ACRES c , TBH HOLDING GROUP, LLC 8 TRACT 1 ce N G.C.C.F. NO. 2019012992 a CALLED 1.6507 ACRES c.�a TBH HOLDING GROUP, LLC a o rn N G.C.C.F. NO. 2019012992 n 6-0 N 0N _UU IV^ 0Z X J�==U �� n o n _�' FUTURE S 45'00'09 W m Eie �+§' m o UNRESTRICTED RESERVE A 22.35 a N m a8 0.855 ACRE FUTURE n c)oa a 9 a,,— 3 a A UNRESTRICTED RESERVE B a ce�* o (37,264 SQ. FT.) N $m .2.z o N W 0.910 ACRE $_ Z � ,� 0 I (39,624 SQ. FT.) N 3,� ti a " a as 4S ti (N/QQS U Z ,J 10 4 y(J SU K Z (...1GRASS W O 0 0.037 ACRE a N GRASS (1,592 SO. FT.) ' A CONCRETE PARKING FND 5/8' IR W/CAP El j P.O.B. "BOUNDARY ONE—RPLS 5489-(CM) GRASS '"SET' GRASS P.O.C. R.O.W. LINE 30.00' "SET" 45.37' 150.00' FNO 3/4' IP(CM) 5 77✓ S 49 00 W FUTURE 20' R.O.W. DEDICATION 8 N 45'00'00" E 249.96' INLET' 0.080 ACRE (3,481 SO. FT.) N (BEARING REFERENCE LINE) 130.00' FUTURE �• �a =� � •1[. 1^ LI — — — — — — — 1 5.87' R.O.W. DEDICATION yv�uH ,, CONCRETE CURB TIP INLET 0.004 ACRE (175 SQ. FT.) • la STN JR SOUTH CORNER 44'49'-0 E WHISPERING PINES (60' R.O.W.) LOT 4, BLOCK 11 30.00' A STANDARD LAND SURVEY OF 0.037 ACRE OF LAND OUT OF LOT 4, BLOCK 11, FRIENDSWOOD SUBDMSION ABBREVIATIONS: VOL, 7, PG, 20 G.C.M.R. (CM) CONTROL MONUMENT SARAH MCKISSICK LEAGUE, A-151 FND FOUND CITY OF FRIENDSWOOD G.C.C.F. GALVESTON COUNTY CLERK'S FILE G.C.D.R. GALVESTON COUNTY DEED RECORDS GALVESTON COUNTY, TEXAS G.C.M.R. GALVESTON COUNTY MAP RECORDS SURVEYED ��y�/��pp,, IP IRON PIPE SUR EYED FOR: IR IRON ROD TBH HOLDING GROUP, LLC P.L. PROPERTY LINE • P.O.B. POINT OF BEGINNING O {�1 1 a ry 8SMILE BATHLA, CPA P.O.C. POINT OF COMMENCING professional surveyors 104 WHISPERING PINES AVE. R.O.W. RIGHT—OF—WAY T.,.P.E.LS.Firm lb.10084800 FRIENDSWOOD, TX 77546 SAN MH SANITARY MANHOLE sow.sn=tivwEenaAr=.su esa Fn=.a=W..a,xns.s (409) 454-9422 "SET" SET 5/8" IR W/CAP om.rzmisualali .ew"a.yo"..=.m STM MH STORM MANHOLE DRAWN BY: ATS/CW DATE: 3-02-2020 PROJECT NO: 6767-0507 S/W SIDEWALK U.E. UTILITY EASEMENT • APPROVED BY: CVO SCALE: 1" = 60' SHEET 1 OF 2 0' 60' 120' 180'� NE CURVE TABLE: SCALE: 1" = 60' CURVE RADIUS DELTA ARC CHD BRG CHORD C1 119.62' 57'00'37" 119.02' S 73'03'45" E 114.17' LINE TABLE: LINE BEARING DIST L1 S 44'49'00" W 53.71' L2 N 45'00'00" W 100.92' NOTES: 1.)This survey was performed without benefit of a title commitment. Easements and restrictions may exist which are not shown hereon; no additional research regarding the existence of easements or restrictions of record has been performed by Boundary One, L.L.C. 2.)Bearings are oriented to the bearing base reflected by deeds recorded under G.C.C.F. No(s) . 8449888 and 2018028586. 3.)There exists a second part to this survey, being a Metes and Bounds description for the subject tract. To: TBH Holding Group, LLC; I hereby certify that this plat correctly represents a survey made on the ground under my supervision on March 2, 2020 and that said survey substantially complies with the current Texas Society of Professional Surveyors Standards for Land Surveys for a Category 16, Condition II Standard Land Survey. OF P.•G\S TERF .zy.4-- .kp ilk- / / CHRISTIAN OFFENBURGER .q 5489Christiafburg• �/ 911i•FESS\°y00 Registered Professional , veyor SO R1 Texas Registration No. 5,:• A STANDARD LAND SURVEY OF 0.037 ACRE OF LAND OUT OF LOT 4, BLOCK 11, FRIENDSWOOD SUBDMSION ABBREVIATIONS. VOL 7, PG. 20 G.C.M.R. (CM) CONTROL MONUMENT SAR4H MCKISSICK LEAGUE, A-151 FND FOUND CITY OF FRIENDSWOOD G.C.C.F. GALVESTON COUNTY CLERK'S FILE GALVESTON Tv G.C.D.R. GALVESTON COUNTY DEED RECORDS GALVESTON COUNTY, TEXAS G.C.M.R. GALVESTON COUNTY MAP RECORDS IP IRON PIPE SURVEYED FOR: IR IRON ROD TBH HOLDING GROUP, LLC P.L. PROPERTY LINE • P.O.B. POINT OF BEGINNING boundary �� SMILE BATHLA, CPA P.O.C. POINT OF COMMENCING professional surveyors 104 WHISPERING PINES AVE. R.O.W. RIGHT—OF—WAY T.B.P.E.LS.FOm No.t008.800 FRIENDSWOOD, TX 77546 SAN NH SANITARY MANHOLE uaw.sn.a�c."ee..,s".00.rn."mWeea,n nss (409) 454-9422 "SET" SET 5/8" IR W/CAP OM.I]B1,B BJ1111 w.bounderyom.com STM NH STORM MANHOLE DRAWN BY: ATS/CW DATE: 3-02-2020 PROJECT NO: 6767-0507 S/W SIDEWALK U.E. UTILITY EASEMENT APPROVED BY: CVO SCALE: 1" = 60' SHEET 2 OF 2 J FILED AND RECORDED Instrument Number: 2020013933 Recording Fee: 46.00 Number Of Pages:7 Filing and Recording Date: 03/09/2020 2:31PM 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. t! 44„,e �� Dwight D. Sullivan, County Clerk ' Op GAS Galveston County, Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record.