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Home My WebLink AboutOrdinance No. 2018-03 (Tl*tle-. An ordinance approving a vacation a portion of a public easement.) ORDINANCE NO. 018-0 AN ORDINANCE APPROVING A VACATION OF .A PORTION OF A PUBLIC EASEMENT LOCATED WITHIN THE PROPERTY LOCATED AT 10 STEVEN LUKE LANE IN AUTUMN CREED SECTION 9 SUBDIVISION, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST .A QUITCLAIM DEED BY AND BETWEEN THE CITY AND CHRIS FUKE. WHEREAS, a fore(40) foot wide drainage easement was dedicated to the public by way of a subdivision plat known as Autumn Creek Section 9 and recorded under Film Code No.497014 of Map Records of Harris County, Texas, over and across certain property located in the City of Friendswood, Teas at 10 Steven Line Lane, also known as Lot 5, Bloch 1 of Autumn Creek Section 9 Subdivision according to Film Code No. 4917014 of Map Records of Farris County, Texas; and WHEREAS, the owner of said property has applied to the City to vacate a .069 acre (3031.41 square feet)portion of the said forty(40) foot wide drainage 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 forty 40) foot wide drainage easement to the applicant. BE T ORDAINED THE CITY COUNCIL F 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 at 10 Steven Lure Lane,also mown as Lot 5,Block 1 of Autumn Creek Section 9 Subdivision according to Film. Code No. 497014 of Map Records of Harris County, Texas: A 0.069 acre tract of land (3031.41' SCE) being a portion of a 40.00' drainage easement, located within Lot 5,Block 1 of Autumn Creek, Section 9, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Film Code No. 497014 of the Map Records of Harris County,Texas. 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 at 10 Steven Luke Lane,also mown as Lot 5,Block 1 of Autumn Creek Section 9 Subdivision according to Film Code No. 497014 of Map Records of Harris County, Texas. PASSED AND APPROVED on first reading this 8th day of Janu Ej,2018. PASSED, APPROVED, and ADOPTED on second and final reading this h day of Feb 920180 k 4 g r t Kevin M. Hollan Mayor ATTEST: , (7aaryk re 0 Melinda Welsh, TRMC City Secretary °® p 000 0° CO 0 F T le� 09 4 a ® a Ord 2018--03 2 Exhibit A 1. Metes and Bounds Description and Survey u Ord 2418-43 3 ***CITY OF FRIENDSWOOD ***OALtdESTON COUNTY,TEXAS METES AND BOUNDS DESCRIPTION; A 0.069 ACRE TRACT OF LAND(3031.4l'SCI,)BEING A PORTION OF A 40.00'DRAINAGE EASEMENT, LOCATED WITHIN LOT 5,BLOCK I OF AUTUMN CREEK,SECTION 9.,A SUBDIVISION IN HARRIS COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF,RECORDED IN FILM CODE NO.497014 OF THE MAR RECORDS OF HARRIS COUNTY,TEXAS,SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOtS; COMMENCING ATA FOUND IRON ROD IN THE WEST RIGHT OF WA's LINE OF STEPHEN LUKE(50' R.O.W.)ATTHE COMMON CORNERS OF LOTS 4 AND 5 OF BLOC.I, OF AUTUMN CREED,SECTION 9 (RECORDED FILM CODE NO-497014); THENCE SOUTH 82*15'47"WEST,59.75'ALONG THE COMMON LOT LIKES OF LOTS 4 AND 5 TO A POINT; THENCE NORTH 62°27'48"WEST,234.28'FEET TO THE POINT OF BEGINNING OF A 0.05 ►ACRE TRACT BEING A PORTION OF A 40 FOOT DRAINAGE EASEMENT TO BE ABANDONED; THENCE NORTH 58017'25"-WEST.,2.68'TO A POINT FOR CORNER; THENCE NORTH 47°27'38"WEST,75.25'TO A POINT FOR CORNER; r THENCE NORTH 42"32'30"EAST,40.00'TO A POINT FOR CORNER; THENCE SOUTH 47°27'30"'-EAST,ti71.46'TO A POINT FOR CORNER; THENCE SOUTH 58'017'25".EAST,.2.18'TO A POINT FOR CORDER; THENCE SOUTH 3524'28"WEST,;40.13 TO A PORT BEING THE POINT OF BEGINNING OF A 0.069 ACRE TRACT. s s'�'Xyj�(.r[[-��y{J.•r•�{'-.y►�a*•[�'•y•if r�►Ef],�►{Yr�ls TOBY i r 60UCHM 1)T 5565 .aa• aa'� %r SCALE N 1 g°=60' r e r F.i.R, 5/8 ! ' `• `' Li 8 82"1547" W-69.75 L2 N 62'2 4Q W-234.28' L3 N 58"17'25" W-2.68` L4 N 47"2 3C W-75.25 L5 N 42"32 3C? E-46.'001 L6 S 47"27'30"' E-71.46" L7 S 58'17`25" E-2.18' LOT 6 L8 S 36'24'28" W-40.13 1`.L R, 5/8" 0.069 ACRE± (3031.41' SO.) ' EASEMENT TO BE ABANDONED ' ' 1` l RMENCE : f F • LOT 5, BLOCK 1 � � ra• AUTUMN CREEK, SECTION 9 ` ' ,;. FILM CODE NO. 497014 �; /V .� HARRIS COUNTY MAP RECORDS �<c ' L3 `` ? cr txMr(F LOT 4 FAINT a: • � ,�++ R r al``l.t, . 5/8" y 1 s Reviewed 8.Accepted by: Date � Dale HOTES: LEGAL 06 ACRE TRACT OF LAND(3031.41'SO) BEING PART OF A 40.00!DRAINAGE EASEMENT TO BE —WARING ISIS;PLAT ABANDONED, LOCATED WITHIN LOT 5. BLOCK 1 OF AUTUMN CREEK, SECTION 9. A SUBDIVISION IN MIECORDW ENT ��0 AND HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN FILM CODE NO. SURA-YOR HAS Wl PUPE-MMITLY ASSWACTE0 497014 OF THE MAP RECORDS OF HARRIS COUNTY. TEXAS. SAID TRACT BEING MORE PARTICULARLY PMPEWIV LOMERGRO ND Ulu" DESCRIBED BY METES AND BOUNDS ATTACHED, INSTAIATI(XIslt]mE C:tot O WPwY€om. FOU NDATMS At[D QR OTl-f>:R U NVERGRO ND ADDRESS Szl�ucWM�NOT LOCATED BY RZ SUS` -TW SUWM IS CUI IM FOR THIS DADA CONSTRUCTION 10 STEPHEN LUKE LANE TRANSS#CtION ONLY.IT IS NOT TRWWERABLE TO A[1QITrd Nk lNSTMUT9 Sr OR SMEQL"T t WMMS -'SJUEINCt TO REB NCTIVE CDVENittiitS AS PER rNTI.E COU NITMENT SUBJECt %WW BUILDING i t a aES 10� - 16020158 2{168 t•�,.- DATE 2-25-16 ♦#rir♦*##It*♦###r�i#Kitt FO I TORY P.coNJ ,1..f11t #ar•# •t• • see PRO—SURV s t#,,+ ,•�-1L P,0.BOX 1386,FRIENDS1 OOD,TX 77549 tat#"•� PHONE 281-996.1113 FAX-283-99"112 U ON EMAIL: -rde'sN pmaumnet T.B.P.L.S.FIRM 410119M 100 HURMY CaER if TKAT M WAS TM3 DAY uAM 0"THE CKY smvcv%fV$"114 THE SURVE t At WMND Or"PfIDPF W LE4m'r OE'S{'AtKO DER cW 0A(N ATrACRW 3tWATUM.AFB WAAN9 tAUE AW COMM COMS OF 9W).AND TKR C AW NO ONYWCH►NEtNTS"CEPT AS SHOW,AND WAS TK%"YO S CMftP4 VW ATM CPODCH, 'OOK BY LSE OR WWI VY SUPEFi'1dS ON.M C+OWOFMS TO OR MEEDS T1E CEMENT STANVARDS AS AWTEO 8Y It#.7EX"BOARD Or PROFESSIONAL t AN D SURVE>+9t0. �j�la f�4a-S�il-�4Lc Xn��t4EU a R . 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 pudic records; your Social Security number or your driver's license number. Date: February 5, 2018 Grantor: City of Friendswood, Texas Grantor's Mailing Address: 910 S. Friendswood Drive, Friendswood, Galveston County, Texas 7'7546 Grantee: Chris Fuke. t 1. Grantee's Mailing Address: 10 Steven Lure Dane, Friendswood, Texas 77546 Consideration: Ten Dollars ($10.00) Property (including any improvements): All of that certain portion of a drainage easement lying and being situated in Harris County, Texas consisting of a 0.069 acre tract of land (3031.41' sq) being a portion of a 40.00' drainage easement located within Lot 5, Bloch 1 of Autumn Creel, Section 9, a Subdivision in Harris County, Texas, according to the map or plat thereof, recorded in film code no. 497014 of the map records of Harris County, Texas, said tract being more particularly described by metes and bounds 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 5th day of February, 2018. j t CITY OF FRIENDSWOOD, TEXAS n By f Kevin M. Holland Mayor ATTEST: ° ° °0" ,® ®®■■■•® Melinda Welsh, TR.MC ■ ■ City Secretary ° °° ,® °® ®° 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 day of February, 2018. y p`' � c,H E L E PE Notar ublic, State of Texas Notary �.10Tr-,ky PUBLIC CW 5 TATS OF TEXAS x My CommIssion Ex +re s Printed name 11-18-2018 My commission expires: M J r , t; �i Quiotclamim Deed Exhibit A ** `CITY OF FRIENDSWOOD ***GALVESTON COUNTY,TEXAS METES AND BOUNDS DESCRIPTION: A 0.069 ACME TRACT OF LAND(3031.41, SQ)BEING A PORTION OF A 49.Q0 DRAINAGE EASEMENT, LOCATED WITHIN LOT 5,BLOCK 1 OF AUTUMN CREEK,SECTION 9,A SUBDIVISION IN HARRIS COUNTY, TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN FILM CODE NO.497014 OF THE MAP RECORDS OF HARRIS COUNTY,TEXAS,SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT FOUND IKON ROD IN THE WEST RIGHT OF WAY LINE OF STEPHEN LUKE(60' R.O.V .)ATTHE COMMON CORNERS OF LOTS 4 AND 5 OF BLOCK 1, OF AUTUMN CREEK,SECTION 9 (RECORDED FILM CODE NO=497014); THENCE SOUTH 82°15'47"WEST,69.75'ALONG THE COMMON LOT LINES OF LOTS 4 AND 5 TO A POINT; THENCE NORTH 62°27'40"WEST,234.28'FEET TO THE POINT OF BEGINNING OF A O.OG9 ACRE TRACT BEING A PORTION OF A 40 FOOT DRAINAGE EASEMENTTO BE ABANDONED; THENCE NORTH 5801712511-WEST.,2.68'TO A POINT FOR CORNER; THENCE NORTH 47 027130"WEST,75.25'TO A POINT FOR CORNER; THENCE NORTH 42 032'30".EAST,40.00'TO A POINT FOR CORNER; THENCE SOUTH 47°27'30"EAST,171.46'TO A POINT FOR CORNER; THENCE SOUTH 58°17'25".EAST,.=2.18'TO A POINT FOR CORNER; THENCE SOUTH 36 024'28" WEST140.13 TO A POINT BEING THE POINT OF BEGINNING OF A 0.059 ACRE TRACT. O5 TE,Q�`_y -.. ... .. ......... .- .. C... TUBY P. 60UCHMAN 5565 �+= Pbi'l `A Yr� G :f FILED FOR RECORD 8000.00 A Tuesday, March 13, 2018 COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL,OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the data and at the time stamped hereon by me;and was duly RECORDED;in the Official Public Records of Real Property of Harris County Texas Tuesday, March 13, 2018 ;4o COUNTY CLERK HARRIS COUNTY, TEXAS