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HomeMy WebLinkAboutOrdinance No. 234 . P No. � � � � �- AN ORDINANCE FINDING AND DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY DO NOT REQUIRE THE CONTINUED EXIST- ENCE OF A CERTAIN PORTION OF A PRIVATE STREET SHOWN ON A PLAT OF THE VOSS SUBDIVISION AS RECORDED IN �IOLUME 254, PAGE 63 OF THE DEED RECORDS OF GALVESTON COUNTY, TEXAS; AUTHOR- IZING THE MAYOR OR THE MAYOR PRO TEMPORE TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUITCLAIM DEED CONVEYING SAID PRIVATE STREET RIGHT OF WAY TO MR. RALPH L. LOWE, THE ABUTTING PROPERTY OWNER; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT Whereas, by plat of Voss Subdivision, approved by the Commissioners Court of Galveston County, Texas, on November 7, 1925, and recorded in Volume 254, Page 63 of the Deed Records of Galveston County, Texas, all of the property hereinafter described was shown as a private street; and VVhereas, neither at the time of the approval of said plat nor since was _ said private street or any portion thereof accepted, opened, or maintained as a street dedicated to public use by Galveston County, Texas; and Whereas, all of said private street and hereinafter described pro- perty have been situated within the corporate limits of the City of Friendswood, Texas, for more than ten years immediately preceding the date of the ordinance; and W�iereas, neither said private street nor any portion thereof, including the portion hereinafter described, has ever been accepted, opened, or main- tained as a street dedicated to the public use by the City of Friendswood; and Whereas, Mr� Ralph L. Lowe, the owner of all property abutting that portion of said private street hereinafter described has requested that the Cit� of Friendswood vacate, a'�andon, and close same and release any and all claim it may have thereto; and Whereas, the City Council of the City of Friendswood has determined that the City has no right, title or interest in and to said hereinafter described property and that even if there were right, title or interest in the City it would be of no value; now therefore BE IT ORDAINED BY THE CITY COUN'C,IL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and recitals set forth in the preamble of this ordinance are hereby adopted, rati.fied and approved. Section 2. The City Council of the City of Friendswood, Texas, hereby finds and determines that public convenience and necessity does not require the conti.nued existence of the hereinafter described portion of private street right of way. Section 3. The City of Friendswood has never accepted, opened, nor maintained the hereafter described property as a street dedicated to public use and renounces and disclains any right, title, or interest in and to said property. Section 4. The following described private street right of way be, and the same is, hereby vacated, abandoned, and closed: All that certain tract or parcel of land located in the Voss Subdivision, the map or plat of which is recorded in Volume 254, �'age 63 of the Deed Records of Galveston County, Texas, and being more particularly described as follows: BEGINNING at the southwesterly line of the Voss Subdivision and the northwesterly line of FM 528 for a place of beginning; Thence N45°l3'9"E and along the northwesterly line of FM 528, a distance of 65 feet, more� �r less, to a point for corner; Thence in a north�resterly direction and along the southwest lines of Lots 40 and 41 in said Voss Subdivision a distance of 540 feet, more of less, to a point for corner; Thence S45°21'5"W, a distance of 18 feet, more or less, to a point for corner; Thence S12�12'43"W, a distance of 56 feet, more or less, to a point in the southwest line of the Vo�s Subdivision; Thence in a southeasterly direction and along the southwesterly line of the Voss Subdivision a distance of 490 feet, more a� less, to the place of beginning. -- 2-- a Section 5. That the Mayor or the Mayor Pro Tempore be, and he is hereby, authorized and requested to execute and the City Secretary to attest a Quitclaim Deed, a copy of which shall be attached hereto for reference, co;raveying the hereinbefore described property to Ralph L. Lowe, the abutting property owner, for a consideration of On�° Dollar. Passed on first reading this 18th day of idovember , 1974. Passed on second reading this 2nd day of December , 197�, �'assed, approved and finally adopted on third reading this 16th day of Decerr�er , 1974. City of Friendswood, Texas � f ` f � i� ' � �z�--�-_ Mayor , ATTEST: � , � �fz � City Sec tary Approved as to Form: _.�%�� f � City Attorney -3- METES AND BOUNDS DESCRIPTION OF PRIVATE ROAD NEAR INTERSECTION OF FM 518 AND FM 528 Beginning at the southwesterly line of the Voss Subdivision and the northwesterly line of FM 528 for a place of beginning; Thence N45°13'9"E and along the northwesterly line of FM 528, a dis- tance of 65 feet, more or less, to a point for corner; Thence in a northwesterly direction and along the southwest lines of Lots 40 and 41 in said Voss Subdivision a distance of 540 feet, more or less, to a point for corner; Thence S45°21 '5"W, a distance of 18 feet, more or less, to a point for corner; Thence S12°12'43°W, a distance of 56 feet, more or less, to a point in the southwest line of the Voss Subdivision; Thence in a southeasterly direction and along the southwesterly line of the Voss Subdivision a distance of 490 feet, more or less, to the place of beginning. 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