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HomeMy WebLinkAboutOrdinance No. 79-11E ORDINANCE rao. 79—%f C AN ORDINANCE FINDING .AND DETERN�INING THAT PUBLIC CON- VE2IIENCE AND NECESSITY NO LONGER REQUIRE THE CON- TINUED EXISTANCE OF A CERTAIN UNOPENED PORTION OF CASTLEWOOD STREET LYING TO THE SOUTHT•7EST OF GREEN- BRIAP. DRIVE , CONTAZNIPIG 1. 4259 ACP.ES OF LAND, MORE OR LESS , BEING A POP.TION OF A PREVIOUSLY PLATTED 40-FOOT WIDE ROADWAY EASEMENT OUT OF BLQCR "H" OF� CENT�2AL PARK, SAR.AH I�cKISSICK LEAGUE , GALVESTON COUNTY , TEXAS ; CLOSING, VACATING, AND ABANDONING SAID STREET RIGHT-OF-k�AY; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETAP.Y TO ATTEST A QUITCLAIM DEED CO�TVEYING SAID STREET RIGHT-OF-ti•7AY TO THE FRIENDSWOOD INDEPENDEPIT SCHOOL DISTRICT, THE ABUT- TING PROPERTY OWNER TO THE NORTHWEST, FOR AND ItJ CONSIDERATION OF THE CONVEYANCE BY THE FRIENDSja00D INDEPENDENT SCHOOL DISTRICT TO THE CITY OF A CEP.TAIN 0 . 5739 ACRE TRACT OF L�ND, MORE OP. LESS , AND A 20-FOOT tti?IDE ACCE�S EASEr�NT TO SUCH TRACT, SAID ACCESS EASEP�NT CONTAINING 10 , 223 . 40 SWUARE FEET, MORE OR LESS ; PROVIDING FOR OTHER. MP_TTERS RELATING TO THE SUBJECT; AI�D DECLARING AN EMERGENCY .;; ;� „ ;;. WHEREAS , the Friendswood Independent School District, the abutting property owner to the northwest and Friendswood Asso- ciates Ventures , Inc. , a Texas corporation, the abutting property owner to the southeast, have requested the City of Friendswood Lo close and abandon the hereinafter described street right-of- way, and to convey by quitclaim deed said street right-of-way to the Friendswood Independent School District ; and WHEREAS , the City Council has determ�ned that such street right-of-way should be vacated , abandoned, and closed for the reason that the same is no lon�er needed by the City ; and t�'HEREAS , said abandoned street right-of-way has been appraised by an appraiser appointed by the City, whose taritten appraisal ��as been talcen into consideration by it in determining the action r,�rein taken; nok tnerefore BE IT ORDAIPZFD BY 1HE CITY COUiVCIL OF THE CIT�:' OF FP.IENDSti,I00D, S'TI-�TE OF TEXAS : Section l. The CiLy Council of the City of Friendswood here- by finds and deter�,ines ti�at public convenience and necessity no lor.ger require the con��nued e�zs�ance of tne hereinafter described street right-of-way . � Section 2 . The following described street right-of-way is hereby vacated, abandoned, and closed : Being a Portion of a Previously Platted 40 Foot Roadway, Out of Block "H" of Central Park, Sarah McKissick League, Galveston County, Texas , containing 1. 4259 acres of land, more or less , and being more particularly described as follows : BEGINNING at a 1 inch iron pipe being the most southerly corner of a 41 . 558 Acre Tract belonging to the Friendswood Independent School District, and said point being in the northwest line of the platted 40 foot roadway; THEISCE N. 46° 04' 29" E . (called N. 45° E. on School District Survey) a distance of 1 , 597 . 14 feet to a point on a curve of a platted right-of-way for �3ilderness Trails Subdivision street; THENCE along a curve in a southerly direction whose radius at this beginning point bears S. 60° 42 ' 00" E. , a total distance of 87 . 35 feet and covering a tatal central angle of 21° 17 ' S1" to a point in the south line of said 40 foot platted roadway and in the northwest line of said Zdilderness Trails Subdivision; THENCE S . 46° 04' 29" tti'. along said northwest line of j�?ilderness Trails Subdivision and along said southeast line of 40 foot platted roadway a distance of 1 , 520. 24 feet to a point for the most southerly corner of this tract being described; THENCE N. 43° 39 ' 26" W. a distance of 40 . 00 feet to the PLACE OF BEGINNING and containing 1 . 4259 Acres of Land, more or less . Section 3 . The Mayor is hereby authorized and requested to e�ecute and the City Secretary is hereby authorized and requested to attest a Quitclaim Deed, a copy of which is attached hereto for reference, the hereinabove described abandoned street right- of-way to the Friendswood Independent School District, the abutting property owner to the nortnwest , for and in considera- tion of the conveyance to the City of Friendswood by the Friends- wood Independent School District of a certain 0 . 5739 acre tract of land, more or less , and a 20-foot �•iide access easement thereto ; such tracts being described as follows : Being a 0 . 573° ACRE 1R.ACT OF LAND, 7iore or less , Out of a 41 . 558 Acre Tract, Being Out of Lots l , 2 , 3 0: 4, Block "H" of Cen�ral Park, Sarah McY.issick League , Galveston County , Te�.as , and being more particularly described as follows : COr�•iEivCING at a 1 inch iron pipe fc�und for the nost southerly corner of the above r:�en�ioned 41 . 558 Acre Tract being in the nartriwest riQh�-of-ti�a� line of a 40 foot dedicated ?-oad; THEI��CE N. 45° 05 ' 48" k'. a eistance of 451 . 33 feet to a 1/2 inch iron rod set for the PLACE OF BEGiNNIP]G for this description of 0 . 5739 acres and being the most southerly corner of said tract; -2- THENCE continuing N. 45° 05 ' 48" W. a distance of 250 . 00 feet to a 1/2 inch iron rod for the most westerly corner of this tract being described; THENCE N. 44° 54' 12" E. a distance of 100 . 00 feet to a 1/2 inch iron rod for the most northerly corner of this tract being des- cribed; THEI�CE S . 45° 05 ' 48" E. a distance of 250 . 00 feet to a 1/2 inch iron rod set for the most easterly corner of this tract being described; THEr:CE S . 44° 54' 12" [��]. a distance of 100. 00 feet to the PLACE OF BEGINNING, and containing 0 . 5739 Acres of Land, more or less . Included with this description of this 0. 5739 acre tract is a 20 foot taide access easement for ingress and egress , beginning at the most easterly corner of said 0 . 5739 acre tract and being 20 feet wide, iiranediately adjacent to the northeast side , and extending N. 45° 0� ' 48" W. to the right-of-way of Colt Drive , approximately 511 . 17 feet , �ore or less , in total length. Section 4. An emergency exists requiring this ordinance to be finally passed on the day of its introduction for the reason that rapid growth within the City has �ade the acouisition of a site for ��ater well and storage facilities of critical importance to the health, safety and welfare or the conmunity . By final passage of this ordinance on the day of its introduction, the City can timely acquire and improve such needed site . Section S . This ordinance shall be in full force and effect from and after its adoption. PASSED, APPROVED AND ADOPTED this ��� day of April, 1979 . �!���-z�.�-� - Ifayor ;' PTTEST: `�� y � C:ity Secretary -3- THE STATE OF TEXAS § § KNOW ALL I�N BY THESE PRESENTS : COUNTIES OF GALVESTON AND § HAR.RI S § That the City of Friendswood, a municipal corporation situated in Galveston and Harris Counties , Texas , acting herein by and through its hereunto undersigned officers , duly authorized by its City Council, for and in consideration of Ten Dollars ($10) 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 FOP.EVER QUITCLAIM unto the Friendswood Independent School District, a political subdivision of the State of Texas , situated in Galveston County, Texas , the following described tract or par- cel of land in Galveston County, Texas , to-wit: Being a Portion of a Previously Platted 40 Foot Roadway, Out of Block "H" of Central Park, Sarah 2�IcKissick League, Galveston County, Texas , containing 1. 4259 acres of land, more or less , and being more particularly described as follows : BEGINNING at a 1 inch iron pipe being the most southerly corner of a 41. 558 Acre Tract belonging to the Friendswood Independent School District, and said point being in the northwest line of the platted 40 foot roadway; THENCE N. 46° 04' 29" E. (called N. 45° E. on School District Survey) a distance of 1 , 597 . 14 feet to a point on a curve of a platted right-of-tivay for Wilderness Trails Subdivision street; THENCE along a curve in a southerly direction whose radius at this beginning point bears S . 60° 42 ' 00" E. , a total distance of 87 . 35 feet and covering a total central angle of 21° 17 ' S1" to a point in the south line of said 40 foot platted roadway and in the northtivest line of said �ti7ilderness Trails Subdivision; THENCE S . 46° 04' 29" W. along said northwest line of Wilderness Trails Subdivision and along said southeast line of 40 foot platted roadway a distance of 1 , 520. 24 feet to a point for the most southerly corner of this tract being described; THENCE N. 43° 39 ' 26" W. a distance of 40. 00 feet to the PLACE OF BEGINNING and containing 1 . 4259 Acres of Land, more or less . TO HAVE AND TO HOLD the above described premises , together with all and singular the rights , privileges and appurtenances thereto anywise belonoing unto the said Friendswood Independent School District , its successors or assigns , so that neither the City of Friendswood nor its successors or assigns , nor any person or persons claiming under the said City of Friendswood sha11, at any time hereafter , have claim or demand any right or title to the aforesaid premises , or any part thereof. IN WITNESS WHEREOF, the City of Friendswood has caused this quitclaim deed to be executed by its Mayor and attested by its City Secretary, and the City' s seal to be impressed hereon this the�i��(' day of .�zf , 1979. CI'I'Y OF FRIENDSWOOD, TEXAS B Ralph L. Lowe , Mayor ATTEST: � City Secretary (SEAL) -2- THE STATE OF TEXAS § § COUNTY OF GALVESTON § BEFORE ME, the undersigned authority, a Notary Public in and for Galveston County, Texas , on this day personally appeared RALPH L. LOWE, Mayor of the City of Friendswood, known to me to be the person and officer whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Friendswood, the said municipal corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979. Notary Pu ic In an For Galveston County, Texas -3-