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HomeMy WebLinkAboutOrdinance No. 85-18 ORIIINANCE N0. 85-18 AN ORDINANCE FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF THAT CERTAIN UNOPENED PORTION OF CLEARWOOD DRIVE, AS SHOWN AND DEDICATED BY PLAT RECORDED IN VOLUME 69, PAGE 231 , OF THE BEED RECORDS OF HARRIS COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID PORTION OF CLEARWOOD DRIVE; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUIT CLAIM DEED CONVEYING SAID ABANUONED ROADWAY EASEMENT TO BAY AREA LAND COMPANY, LTD. , THE ABUTTING PROPERTY OWNER OF SAID ROADWAY EASEMENT FOR GOOD AND VALUABLE CONSIDERATION; AND CONTAINING OTHER PROVI- SIONS RELATING TO THE SUBJECT. � � � � � WHEREAS, Bay Area Land Company, Ltd. , the abutting property owner of the below described roadway easement, has petitioned the City of Friendswood, Texas , to vacate, abandon, and close the said below described roadway easement; and WHEREAS, the City Council has determined that such roadway easement should be vacated, abandoned, and closed for reason that the same is no longer needed by the City; and WHEREAS, said roadway easement has been appraised by a qualified appraiser and the appraisal report of such appraiser has been taken into consideration by the City Council ; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1 . The City Council of the City of Friendswood, Texas , hereby finds and determines that public convenience and necessity no longer require the continued existence of the hereinafter described roadway easement . Section 2. The roadway easement described in Exhibit "A" attached hereto and made a part hereof is hereby vacated, abandoned, and closed. Section 3 . The Mayor is hereby authorized to execute and the City Secretary is hereby authorized to attest a quit claim deed, conveying the hereinabove abandoned roadway easement to Bay Area Land Company, Ltd. , for the consideration of the conveyance to the City of Friendswood by said Bay Area Land Company, Ltd. , of fee title to that certain 1 .7040 acre tract of land described in Exhibit "B" hereto, sizbject to �eservation of access easement described in Exhibit "C" hereto, said Exhibits B and C being made a part hereof for all purposes. PASSED AND APPROVED on first reading this 17TU day of JUNE , 1985. PASSED AND APPROVED on second reading this 1ST day of J[JLY , 1985. PASSED, APPROVED AND ADOPTED on third and final reading this 1�,Tg day of ,��,y ,1985. �' � �%�� �`� Mayor ATTEST: � . • City ecretary � Exhibit A Tract 1 � Description of a 0.0504 acre (2,196 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk 's File No. D546432 and being out of a 150-foot .wide Harris County Flood Control District Drainage Easement described in Harris County Clerk's File No. E449566, in the .Thomas Choate Survey, Abstract 12, in Harris County� Texas and being more fully described by metes and bounds as follows (with bearings �'eferenced to said 150-foot Orainage Easement): BEGINNING��at a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet wide) for the Northwest corner of a certain 0.5006 acre tract described in Harris County Clerk's file No. E184680, the Northeast corner . of said 150-foot wide Harr�is County Flood Control District � Drainage Easement and the herein described tract; . � TNENCE, S 08° 47' 13" E, along the common line between _ said Drainage Easement and said 0.5006 acre tract, a distance of 72.83 feet to a point in the common line between said Choate Survey and the Sarah McKissick Survey� Abstract � 549,for the South corner of this tract; THENCE, N 48° 24'� 18" W, along the aforesaid survey line. a distance of 94.55 feet to a �oint in the South right-of-way line of said FM 528 for the West corner of this tract; THENCE, N 81° 12' 47" E, along the South right-of-way line of said FM 528, a distance of 60.29 feet to the POINT OF BEGINNING and containing 0.0504 acre of land. . Exhibit A � � � Tract 2 • Oescription of a 2.0576 acre (89,630 square foot) tract of land being a portion of Clearwood. Drive (60-feet wide) as recorded in Harris County Clerk's File No. 0546432 and being out of a called 289.157 acre tract described as Tract Four i� a deed recorded in Harris County Clerk's File No. E838626, in the Thomas Choate Survey, Abstract �l2, . in Harris County. Texas and being more fully described by metes and - bounds as follows (with �earings referenced to said 289.157 acre � - tract) : � - COMMENCING at a 5/8-inch iron rod found in the South right- of=way line' of FM 528 (100-feet wide) for the Northeast corner of a certain 0.5006 acre tract described in Narris County Clerk's File No. E184680; . � TNENCE, S 08° 47' 13" E� along the East line of said 0.5006 � acre tract, a distance of 145.�t5 feet to a point for the most Northerly East corner and POINT OF BEGINNING of the herein described tract; THENCE, S 48° 24' lt�" E, along the Northeasterly line of this tract, a distance of 1,519.72 feet to a point in the South line of the aforementioned Choate Survey and the North line of the John Dickinson Survey, Abstract 15�for the most Easterly corner of this tract; . THENCE, N 88° 35' 39" W. along said Survey lines, a distance of 92.98 feet to a 1-inch square bar found for the corrmon corner of said Choate and Dickinson Surveys and the East : _ corner of the Sarah McKissick Survey� Abstract 549; � THENCE, N 48° 24 ' 18" W� along the comnon line between � said Choate and McKissick Surveys. a distance of 1,482,06 feet to a point in the South line of the aforementioned 0.5006 acre tract f�r the most Westerly corner of this . tract; � iNENCE� N 81° 12' 47" E, along the South line of said 0.5U06 acre tract, a distance of 67.50 feet to a 5/8-inch. iron rod found for the Southeast corner of said 0.5006 = acre tract; . THENCE, H 08° 47' 13" W, along the East line of said 0.5006 acre tract, a distance of 12.55 feet to the POINT OF BEGINNING and containing 2.0576 acres of land. . Exhibit A � � � Tract 3 ' Oescription of a 0.2306 acre (10,046 square foot) tract of land being a portion of Clearwood Drive (60-feet wide) as recorded in Harris County Clerk's file •No. D546432 and being out of a certain 0.5006 . acre tract described in Harris County Clerk's File No. E184680, in , the Thomas Choate- Survey, Abstract 12, in Narrtis County, Texas and • being more fully described by metes and bounds as follows (with bearings . � referenced to said 0.5006 acre tract) : - � • BEGINNING at,a 5/8-inch iron rod found in the South right- of-way line of FM 528 (100-feet widej for the Northeast corner of a 150-foot wide Harris County Flood Control . District Drainage Easement described in Harris County Clerk's File No. E449568, the Northwest corner of said 0.5006 acre tract and the herein described. tract; � 7HENCE, N 81° 12' 47" E, along the South right-of-way line of said FM 528� a distance of 17.60 feet to a point for corner; ' THENCE, S 48° 24 ' 18" E, a distance of 188.81 feet to a point in the East line of the aforesaid 0.5U06 acre tract for an Easterly corner of this tract; THENCE, 5 08° 47' 13" E, along the East line of said 0.5006 acre _tract� a distance of 12.55 feet to a 5/8-inch iron rod found for the Southeast corner of said 0.5006 acre tract; - THENCE, S 81° 12' 41" W, along the Soutfi line of said _ 0.5006 acre tract, a distance of 67.50 feet to a point : in the common tine between said Choate Survey and the � Sarah McKissick Survey, Abstract 549,for the most Westerly . South corner of this tract; � THENCE, N �8° 24 ' 18" W,`along the aforesaid survey line, a distance of 110.56 feet to a point in an East line of the aforementioned 150-fo�t Harris County Drainage Easement - � and the West line of said 0.5006 acre tract for a West corner of this tract; . THENCE, N 08° 47' 13" W, along the common line between said Drainage Easement and said 0.5006 acre tract� a distance of 72.83 feet to the POINT OF BEGINNING and containing 0.2306 acre of land. a EXYIBIT B Description of a 1.7040 acre (74.226 square foot) tract of land out - of a called 29 acre tract described as Tract Two in a Deed of Conveyance from Austin-Northwest Development Co. to ONK Corporation.reccrded in Harris County Clerk's File No. E838626� in the John Oickinson . Survey. Abstract No. �5� Harris Cou�ty, Texas and being more fully described by metes and bounds as follows (with Deari�gs referenced � to the South right-of-way line of FM 528� called N 81° 12' �4)" E in Harris County Clerk's File No. E836626): - • 6EGINNING at a 5/8-inch� iron rod found for the North corner of a called 20.2798 acre SAYE ANp EXCEPT tract (described i� the aforementioned Harris County Clerk's File as Tract 1 of the "5 Parceis") from which a found 5/8-inch iron rod bears S 76° 51' 26" E. 0.16 feet, and marking the most Northerly West corner of the herein described tract; THENCE� N 71° 10' 06' E, along the North line of this tract. a distance of 100.50 feet to a point on the Westerly - right-of-way line of Proposed Bay Area Boulevard (100-feet - wide) for the �ost Northerly East corner of this tract; THENCE� S 18° 49' S4" E, along the aforesaid right•of-way line� a distance of 711.66 feet to a point in the 5outheast - line of the aforementioned Tract Two for the most Southerly � East corner of this tract; � THENCE. S 41' 41' 16• W. along the Southeast line of said Tract Two, a distance of 115.00 feet to a 5/8-inch iron rod found for the most Easterly corner of the aforesaid 20.2198 acre tract; THENCE, N 1�° 51' 40` =W, along the Northeast line of said 20.2198 acre tract, a distance of 768.25 feet to the POINT OF 8EGINNING and tontaining 1.7040 acre of land. � �f � • �, . . , � EXHIBIT C � Description of a 0.0575 acre (2,505 square foot) tract of land out of a called 29 acre tract described as Tract Two in a Deed of Conveyance from Austin-Northwest Development Co. to DHK Corporation recorded in Harris County Clerk' s File No. E838626, in the John Dickinson - � Survey, Abstract No. 15, Harris County, Texas and being more fully ; described by metes and bounds as follows (with bearings ref erenced ; to the South right-of-way line of F.M. 528, called N 81° 12' 47" E ; in Harris County Clerk' s File No. E838626) : � COMMENCING at a 5/8-inch iron rod found for the East corner ; � of� a called 20.2798 acre SAVE AND EXCEPT tract (described � � in the aforementioned Harr.is County Clerk 's File as Tract 1 of the "S Parcels") ; �� 'i THENCE, N 18° 51' 40" W, along an East line of said SAVE � Ii AND EXCEPT tract, a distance of 154.21 f eet to a point � , ; for the Southwest corner and POINT OF BEGINNING� of the . , �: herein described tract; . " � � . �, THENCE, N 18° 51' 40" W, continuing along the aforesaid Ii� line, a distance of 25.00 feet to a point for the Northwest �� I corner of this tract ; ' � � THENCE, N 71° 1Q�' 06" E, a distance of 100.20 feet to � I � a point in a West line of a 100-foot wide easement and ( right-of-way as recorded in Harris �County Clerk' s File � No. J664881 for the Northeast corner of this tract ; r �, THENCE, S 18° 49' 54" E, along a We.st line of said 100-foot � � wide easement and right-of-way, �a distance of 25.00 feet ; to a point for the Southeast corner of this tract; . THENCE, S 71° 10' 06" W, a distance of 100. 19 feet to � the POINT OF BEGINNING and containing 0.0575 acre of land. ; I i i � 1 I ..... . . .�...-