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Home My WebLink AboutOrdinance No. 2018-33 (Title: An ordinance approving a vacation of a portion of a public right-of-way.) ORDINANCE NO. 2018-33 AN ORDINANCE APPROVING A VACATION OF A PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED ADJACENT TO 4650 FM 2351 WITHIN THE PROPERTY PLATTED AS BENZI DEVELOPMENT GARAGE CONDOMINIUMS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUITCLAIM DEED BY AND BETWEEN THE CITY AND NICK DEUTSCH. * * * * * * * * * * WHEREAS, a forty (40) foot right-of-way for Blackhawk Boulevard (.6061 acres) was dedicated to the public by way of a subdivision plat known as Benzi Development Garage Condominiums, a subdivision recorded in Film Code No. 678060, Harris County Map Records, Friendswood, Harris County, Texas, adjacent to a certain property located in the City of Friendswood, Texas at 4650 FM 2351, also known as Unrestricted Reserve A, Block 1 of Benzi Development Garage Condominiums Subdivision according to Film Code No. 678060 of Map Records of Harris County, Texas; and WHEREAS, the owner of said property, Nick Deutsch on behalf of Benzi Development Garage Condominiums, has applied to the City to vacate a .6061 acre (26,400 square feet)portion of the said forty (40) foot wide Blackhawk Boulevard right-of-way; 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 Major Thoroughfare Plan was amended by Ordinance 2018-05, and the Blackhawk Boulevard extension was removed from the map; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application for the request to vacate the .6061 acre portion of 40-foot right-of-way of Blackhawk Boulevard; and WHEREAS, the City Council of the City of Friendswood deems it in the best interest of the City of Friendswood to approve the vacation of the forty(40) foot wide Blackhawk Boulevard right-of-way to the applicant. BE IT ORDAINED BY THE CITY COUNCIL OF 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 right-of-way to the owner of property located at 4650 FM 2351, also known as Unrestricted Reserve A, Block 1 of Benzi Development Garage Condominiums Subdivision according to Film Code No. 678060 of Map Records of Harris County, Texas: A 0.6061 acre (26,400 sq. ft.)tract of land, being out of Unrestricted Reserve "A", Block 1,of the Benzi Development Garage Condominiums, a subdivision recorded in Film Code No. 678060, Harris County Map Records, Friendswood, Harris County, Texas. Said easement area to be released is more clearly shown on the survey attached hereto and made a part hereof. Section 2. That the metes and bounds description attached to this ordinance as Exhibit "A" shall constitute the legal description of the right-of-way being vacated and released to the owner of property located at 4650 FM 2351, also known as Unrestricted Reserve A, Block 1 of Benzi Development Garage Condominiums Subdivision according to Film Code No. 678060 of Map Records of Harris County, Texas. Ord No.2018-33 2 PASSED AND APPROVED on first reading this 5th day of November, 2018. PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of December, 2018. i idt1 IW/At/../././ Mike Fore an Mayor ATTEST: ..., ,„.. - ------,- .C5 RIE410.** , (------ , __,.. , . 0... .....0 .. Melinda Welsh, TRMC :61 -'44110.- ..'"Clet City Secretary : : ib, - :0 . C7 '''',(120;:•• le*.: , ".... .... _i v.„... Q. a . ...• Ord No.2018-33 3 Exhibit A 1. Metes and Bounds Description and Survey Ord No.2018-33 4 A 0.6061 acre (26,400 sq. ft.) tract of land, being out of Unrestricted Reserve "A", Block 1, of the Benzi Development Garage Condominiums, a subdivision recorded in Film Code No. 678060, Harris County Map Records, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING, at a found 5/8-inch iron rod with cap, being the westerly corner of said Unrestricted Reserve"A", in the south right-of-way line of Timber Creek Private Drive; THENCE, South 42°16'45" West, along the southeast line of said Unrestricted Reserve "A", a distance of 660.00 feet to a found 5/8-inch iron rod with cap, being the southerly corner of said Unrestricted Reserve "A"; THENCE, North 48°20'02"West, along the southerly line of said Unrestricted Reserve "A", a distance of 40.00 feet to a point; THENCE, North 42°16'45"East, across said Unrestricted Reserve "A", a distance of 660.00 feet to a point in the south right-of-way line of Timber Creek Private Drive; THENCE,South 48°20'02"East, along the south right-of-way line of Timber Creek Private Drive, a distance 40.00 feet to the POINT OF BEGINNING and containing 0.6061 acre of land. This metes and bounds description was compiled in conjunction with a survey performed on the same date. WITNESS my hand and seal th's 18th day of July, 20_18. A , 1.:46%Too 11/4 4)/ fir 7.:,-,e7>"'' 1 . . •*. • k Ft LAPIDEZABAL› a",r4.••••••••• IAA; 1' %An vIt•rt Georg Lardizabal fs R.P.L.S. No. 6051 ti ••• S -- GGC Survey, PLLC - Firm No. 10146000 Tel:832-729-7256 — W.1.7-rArs ri'm'TENT iffw-7---it%L,Fir Per--"-7-raENT FH-nee wpm. ‘;:i1-'gc%lic47 ITI.'=eTworegr Zi=Frjutic baAspct <."'= , ,-uosuRcs mg. 1 scale 1"=50' ., * , / •": ..N.4,4,s.X '91,,,,, sru un / / / \'ta, \.. \•'it?'.270,,,,, •,',,,„,' / \ .4."•...\•'\ '''''s:,:')-% / 4''''f? t,"\C3" / / \ N\ / C 4 / // 4 -, ///:" /„6, t/ / .., / -0: / N'.:..14.siN 'N ''''' /„,..A .t.'/ / :// // • ..P4;'<. 6'''sl•O \ • N i \4• ., i. \ ••N 4.2'''•90P., N • ..., .N ,20 0,, / / N' '‘i • ''°0'-'?0 / / / / ', ' . -a,, •N %. / . , N N / i 4 4 'N.N / // / i BLOCK(D lS9 'N / / 'N,47,..° / / REMAINDER OF , / 4410,..,,,,,:t4,\\\N\N /4' / UNRESTRICTED RESERVE"A" 9.4003 AC./409,478 SQ.FT. API" / \ 41" \ E' . N\ VACANT LOT 11111 X X \ X X X \\ I II II I 111 1 111111 ie.Cfl 1111111 \ X X X , /11PF \\ iv.,,,.i +,1' ,•• sr iN 011 4.'41 044 '''.,, 4,,,,,N\\\* -\\ ,gill 0., Vo,„Ae,,,,a's s,',0„,°4,.,. •.\\ \ \x \NN ,Is c,',e,N.c,,,, „4 49;1 \ N \ ,,,°,01"V" ,e 6,•,0„,..," \ \ ,,,,,:elitc);(44 \ II 1111111111111111j 6',-.," ,`-' \i\ \ \N IIIIIIFIP ,,,,, N, 41 .0 ,;,.. \\ \ \ / , co.is,„tie \ N\ ,,SPIT,?ry \ \\ No.•:',!..5„,4...,,,,,,,. 4., ,,,,,,, 4,3 / '''''s o'''Pc•i,,l'/-Vo4.5.0. kgrOilLI,ITEET2WAS:2231e0arri." t- 3 EASEMENT ANO 11111.3 UttE3 PER itf331flOal PLAT. LI IntrINTOOINTEn0=TUTL3Snrgt V61,635ERIP NE" RECORDER'S MEMORANDUM: ial,-"1 rev ii:P.M sF Zia:rilibriar,.. At the time of recordation, this instrument was found to be inadequate for the best photographic BOUNDARY SURVEY o.sosi*aura sa.rt.) CERIVICADON reproduction because of illegibility, carbon or UNRESTRICTED RESERVE•A•IN BLOCK I f,,,,,,,..,,:.,,,,.,,,. air.sZrcorRILVRErtgarings'PoluErrAriiir OF BE.DEVELOPMENT GARAGE CONDONINIUUS ...............•••••••••••• 1111174"r9742146"Vir4:41r:'''''''RED photo copy,discolored paper,etc All blockouts, .....,,,,.........,,,,-,-..,-...- or-mm"..--Aaravo—--'---•". HARRIS COUNTY. f TEM. t-;........ additions and changes were present at the time N =.7.7.17,:,..,-...---z........_ 4'...*0-°*%'.tn the instrument was filed and recorded. 10—G GC SURVEY,PLLC :=71............. 4, 'Er 6051 . I.limier 1614600.1 c,..1/4 ,,I'Y'Ct•/ s 711.1=r1 r trarri egit',LW :::::::— , ..PAIS c-0, /.......... . • , 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 public records: your Social Security number or your driver's license number. Date: December 3, 2018 1 - Grantor: City of Friendswood, Texas Grantor's Mailing Address: 910 S. Friendswood Drive • Friendswood, Galveston County, Texas 77546 Grantee: Garage Ultimate of Friendswood, LLP Grantee's Mailing Address:13 815 Barryknoll Ln. Houston, Texas 77079 Attn: Nick Deutsch Consideration: Ten Dollars ($10.00) Property (including any improvements): A 0.6061 acre (26,400 sq. ft.)tract of land, being out of Unrestricted Reserve "A", Block 1, of the Benzi Development Garage Condominiums, a subdivision recorded in Film Code No. 678060, Harris County Map Records, Harris County, Texas and being more particularly described by metes and bounds 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 3rd day of December, 2018. CITY OF FRIENDS WOOD, TEXAS By: ike Fore,. an Mayor ATTEST: * . .4,4. Melinda Welsh, TRMC City Secretary A : .• • STATE OF TEXAS •#' masin.$$* COUNTY OF GALVESTON BEFORE ME,the undersigned Notary Public, on this day personally appeared Mike Foreman, 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 December, 2018. Notary Public, State of Texas MICHELLE PEREZ * Notary ID #12845085-2 My Commission Expires Printed name: C November 18, 2022 My commission expires t\ I ; • FILED FOR RECORD 8:00:00 AM Monday, March 4, 2019 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 date and at the time stamped hereon by me;and was duly RECORDED;in the Official Public Records of Real Property of Harris County Texas Monday, March 4, 2019 VIA tspiri / ``may ae. .90 COUNTY CLERK HARRIS COUNTY, TEXAS