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Home My WebLink AboutOrdinance No. 90-16 ORDINANCE N0. 90-16 AN ORDINANCE OF TfiE CITY COUNCIL OF FRIENDSWOOD TEXAS, DONATING A 0.463 ACRE TRACT OF LAND OUT OF LOT 1 AND LOT 11 OF BLOCK 9 OF THE FRIENDSWOOD SUBDIVISION, GALVESTON COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE TO BE USED FOR STATE HIGHWAY PURPOSES BY THE STATE OF TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A DEED TO THE STATE OF TEXAS; DECLARING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. �t * � * * * WHEREAS, the City of Friendswood, Texas, in and for the consideration of the State of Texas constructing FM-2351 in the City and other good and valuable consideration, including relieving the City of cost of maintenance of the highway, does desire to donate a 0.463 acre tract of land out of Lot 1 and Lot 11 of Block 9 of the Friendswood Subdivision, Galveston County, Texas, more specifically described herein; and WHEREAS, this tract of land owned by the City is not necessary for the purpose of serving the general public for any other City purposes; and WHEREAS, the City Council, having previously considered the matter, finds it to be in the best interest of the health, safety, and general welfare of the citizens of the City of Friendswood that said highway right-of-way be donated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes. Section 2. That, subject to the terms and conditions set forth herein, the following highway right-of-way located within the corporate limits of the City of Friendswood is hereby donated to the State of Texas, to wit: � Dece�mber, 1988 (R,evised) Parce.l 7 ��g� "A" Page 1 of 2 Pages Coluzty: Galveston Highway: F.M. 2351 Proj ect Limits: F'�oQn F.M. 518 To 1000 Feet Northeast of Clear Creek C.S.J. : 1844-02-011 Field Notes for Parcel 7 Being 0.463 of one acre (20,168 square feet) of land, more or less, out of a 13.396 acre residue of Lpt 1 and Ir�t 11, Block 9 of the Friendswood Subdivision, a subdivision of record situated in the Sarah Mc,Ki.ssick . League, Abstract 151, Galveston County, Texas accordirig to the map or plat thereof recorded in Volume 238, Page 14 of the Galveston Caunty Deed Records (G.C.D.R.) ; said 13.396 acre residue being the s�me land described . , in deed dated Decem�x 31, 197� frcun Mazy Ipuise Fitch Saule, et vir to the City of Frieruiswood and recorded in Voltnne 2653, Page 647 of the G.G D.R. arid in deed dated August 14, 1957 frc�n Leon ffiawn, et ux to Galveston County Water Control and Impravement District No. 15, Frierxlswood, Texas and rECO�ied in Vol�nne 1225, Page 457 of the G.C.D.R. ; said 0.463 of one acre of land, more or less, being more particularly , described by mstes and bounds as follaws: C�ONII�ICING at the most easterly corner of a 0.330 acre residue of land as described in deed to James O. Kennedy and Calvin C. Bost and recorded in Volwne 1957, Page 526 of the G.C.D.R. and being in the northwesterly rightrof-way line of Choate Road (Edgewood Avern�e-100 feet wide) ; thence as follaws: Ndrth 48°16'50" West, along the northeastexly line of said 0.330 acre residue, a distance of 89.58 feet to a point in the proposed southeasterly rightrof-way line of F.M. 2351 and being the POIl�I' OF HDGINNING (X = 3,.209,241.68, Y = 640,451.23) ; l.) � '1��3�1GE, NORTH 48°16'S0" West, continuing along said northeasterly line, a distance of 21.12 feet to a point in the existirig southeasterly right-of-way line of F.M. 2351 (width varies) ; 2.) 'I��GE, NOKI'H 41°43'10" East, along said existirig southeasterly rightrof�aay line, a distance of 15.41 feet to a point for corner, - frcun which a found 4-inch x 4-inch concrete mornm�ent (disturbed) bears North 81°19'43" East, 6.19 feet; � D�nber, 19ss (r�vised) Parr.el 7 Page 2 of 2 Pages F�IIBIT ��A�� Page 2 of 2 Pages 3.) TF�ICE, NORTH 53°02'10" East, continuing along said southeasterly rightrof-�way line, a distance of 101.92 feet to a point for corner, frcen which a faur�d 4-inch x 4-irich concrete mom�ment bears North 46°28'23" East, 2.78 feet; 4.) ��ICE, NORI'H 34°08'53" East, contirniir�g along said sautheastexly right-of-way line, a distarice of 534.92 feet to a 5/8-inch iron rod with S�r altunin�n disc set for the point of intersection with the aforane.ntioned praposed saitheasterly rightrof-way line of F.M. 2351; 5.) 2�10E, SdUIH 22°15'04" West, along said pn�posed southeasterly rightrof-way line, a distance of 268.96 feet to a 5/8-inch iron rod with S�I' altunin�n disc set for corner; 5•) Z�10E, SOU'IH 41°50'S5" West, contiriuirig along said proposed southeasterly rightrof-way lir�e, a distance of 315.50 feet to a 5/8-inch iron rod with SDF� alwnirnun disc set for oorner; 7•) TF�TCE, SOU'I�i 54°28'35" West, continuing along said proposed southeasterly rightrof-way lirie, a distance of 78.46 feet to the POaIT OF BDGIlaTatG, containir�g an area of 0.463 of one acre (20,168 square feet) of lar�d, more or less. (All bearir�gs are ba.sed on the Texas Coordinate System, Sauth Central Zone. All distances and coordinates are surface and may be corrverted to grid by multiplying by the S��I' factor of 0.9998700) . 3 Section 3. That the Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute necessary deeds in form and content to be approved by the City Attorney, conveying the right-of-way herein described to the State of Texas. Section 4. The City Council finds that the commitment of the State of Texas to construct a State highway on this property and that the City will be relieved of the cost of maintaining the highway is adequate consideration equal to the fair market value of the property abandoned and the cost of an independent appraisal. Section 5. In the event any section, paragraph, provision, subdivision, clause, phrase, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. It is hereby officially found and determined that the meeting in which this Ordinance was passed was open to the public as required by law and that the public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Article 6252-17, V.A.C.S. (TEX) . Section 7. This Ordinance shall be in effect from and after its adoption. 4 PASSED AND APPROVED on first reading this 18th day of June 1990. PASSED, A.PPROVED, AND ADOPTED on second and final reading this 9th day of July 1990. ul W. Schrader, Mayor ATTEST: Delo is Archer, C City Secretary APPROVED AS TO FORM: John Ols�n John F. Olson, City Attorney 5