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HomeMy WebLinkAboutQuit Claim Deed With Retention of All Easements - McHazlett, John D. & Michelle - 305 W VIEJO DR QUIT CLAIM DEED WITH RETENTION OF ALL EASEMENTS 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. That the CITY OF FRIENDSWOOD, TEXAS, a municipal corporation ("Grantor"), existing by and under the laws of the State of Texas, acting by and through its duly elected Mayor, for cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does by these presents RELEASE AND FOREVER QUIT CLAIM all of Grantor's right, title and interest unto John D. and Michelle McHazlett, ("Grantee"), the following"Property": A tract or parcel containing 0.350 acre (15,261 square feet) of land, being more particularly described by metes and bounds in the attached Exhibit "A" and by a survey in the attached Exhibit"B",which are incorporated herein for all purposes. 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 to Grantee, provided, however, said quitclaim is subject to retention of all easements, whether apparent or non-apparent, aerial, surface, underground or otherwise extending to or encompassing all of the above- described Property. Said conveyance of the Property is subject to all present zoning and deed restrictions, if the latter exist. EXECUTED this (y, day of 1o41 , 20141 THE CITY OF FRIENDSWOOD,TEXAS IKA1.4( Mike Fore , Mayor ATTEST: Ur4_,CCL-•?Stjf....1,q, ••• Melinda Welsh, TRMC .. City Secretary JL :O 4F TEX STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on 10 to 2O1 q by Mike Foreman, as Mayor for the City of Friendswood, Texas, a Texas municipal corporation, on behalf of said corporation. a,.P�•�a MICHELLE PEREZ ‘0A--14-3--(LL 9eA.Air. Notary ID #12845085-2 Notary Public, State of Texas My) Commission Expires �' • -. November 18, 2022 After Recording,Return to: John D. and Michelle McHazlett. 305 W. Viejo Dr. Friendswood, Texas 77546 boundary one protessiona(surveyors TRACT 5A METES AND BOUNDS DESCRIPTION 0.350 ACRE (15,261 SQUARE FEET) JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.350 acre (15,261 square feet) of land situated in the John Dickinson Survey, Abstract Number 9, Galveston County, Texas; being out of and a part of Windmere Road a/k/a "County Road to Algoa" (called 80 feet wide per RANCHO VIEJO, SECTION TWO, a subdivision plat of record at Plat Record 15, Map No. 183, Galveston County Map Records (G.C.M.R.)); said 0.350 acre tract being more particularly described as follows (bearings are grid and oriented to the Texas State Plane Coordinate System, South Central Zone Number 4204, US Survey Feet, NAD83(NA2011); distances are surface and may be converted to grid using a combined scale factor of 0.999867): COMMENCING at 1-inch iron pipe with plastic cap stamped "COTTON SURVEYING" found marking the intersection of the southerly right-of-way (R.O.W.) line of F.M. 518 (140 feet wide) with the southeasterly R.O.W. line of Windmere Road; said iron pipe also marking the northwest corner of a called 24.11 acre Commercial Reserve as dedicated on WESTWOOD SUBDIVISION PHASE ONE, a subdivision plat of record at Plat Record 2006A, Map Number 221, G.C.M.R.; said 1-inch iron pipe having Texas State Plane Grid Coordinates of X=3,187,835.39 feet and Y=13,745,838.05 feet; THENCE, South 32°50'02" West, departing said southerly R.O.W. line, along said southeasterly R.O.W. line and the northwesterly line of said WESTWOOD SUBDIVISION PHASE ONE, at 640.44 feet passing a 1/2-inch iron rod found marking the northwesterly common corner of said Commercial Reserve and a Public Park, continuing in all along the northwesterly line of Block 1 , WESTWOOD SUBDIVISION PHASE I, for a total distance of 1,268.01 feet to the northeast corner and POINT OF BEGINNING of the herein described tract; THENCE, South 32°50'02" West, continuing along said southeasterly R.O.W. line, a distance of 170.00 feet to the southeast corner of the herein described tract; 150 W. Shadowbend Avenue, Suite #304 Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundaryone.com T.B.P.L.S. Firm No. 10084800 EXHIBIT "A" boundary TRACT 5A METES AND BOUNDS DESCRIPTION 0.350 ACRE (15,261 SQ. FT.) PAGE 2 OF 2 THENCE, North 57°09'58" West, over and across the aforesaid Windmere Road R.O.W., a distance of 89.83 feet to the southeasterly common corner of Lot 5A. Block 1 , PARTITION OF LOTS 5, 6, & 7, RANCHO VIEJO, SECTION TWO, a subdivision plat of record at Plat Record 17, Map No. 61 , G.C.M.R. and Lot 8, RANCHO VIEJO, SECTION TWO and for the southwest corner of the herein described tract; THENCE, North 32°52'22" East, along the southeasterly line of said Lot 5A, Block 1 , PARTITION OF LOTS 5, 6, & 7, RANCHO VIEJO, SECTION TWO and the northwesterly R.O.W. line of Windmere Road, a distance of 170.00 feet to a 5/8-inch iron rod with cap stamped "FMS SURVEYING" found marking the southeasterly common corner of said Lots 5A and 5B, Block 1 , PARTITION OF LOTS 5, 6, & 7, RANCHO VIEJO, SECTION TWO and for the northwest corner of the herein described tract; THENCE, South 57°09'58" East, over and across the aforesaid Windmere Road R.O.W., a distance of 89.71 feet to the POINT OF BEGINNING and containing 0.350 acre (15,261 square feet) of land. This description is based upon the Standard Land Survey of 9.195 Acres prepared by Boundary One, L.L.C. and dated July 23, 2016. Compiled by: Christian V. Offenburger, R.P.L.S. Boundary One, L.L.C. 150 W. Shadowbend Ave., Suite 304 , • ' ?'F Friendswood, Texas 77546 4\ (281) 648-3131 OFFS : �i June 3, 2019 '\\?0V•FFssk •�/ TRACT 5Amb0350.doc 150 W. Shadowbend Avenue, Suite #304 Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian®boundaryone.com T.B.P.L.S. Firm No. 10084800 /ABBREVIATIONS' 0' 50' 100' 150'\ (CM) CONTROL MONUMENT IR IRON ROD LEGEND OF SYMBOLS: _ E.U.E. ELECTRIC UTILITY EASEMENT LT LIGHT } UTILITY POLE(UP) — MIIIIMII EM ELECTRIC METER P.A.E. PRIVATE ACCESS EASEMENT FND FOUND PED PEDESTAL E— GUY WIRE(GA) SCALE: 1" = 50' % FNC FENCE P.O.B. POINT OF BEGINNING —//— FENCE 10' E.U.E. '7// G.C.C.F. GALVESTON COUNTY P.O.C. POINT OF COMMENCING CLERK'S FILE P.U.E. PUBLIC UTILITY EASEMENT E — OVERHEAD UTILITY LINES (CENTERED ON LOT LINE) \ G.C.D.R. GALVESTON COUNTY R.O.W. RIGHT—OF—WAY DEED RECORDS T TRANSFORMER G.C.M.R. GALVESTON COUNTY U.E. UTILITY EASEMENT ----------/ �' GA GMAP UY RECORDS UC UNDERGROUND CABLE ANC PARTITION ,�w/Oc�F�,LOTTSc 5♦ 6, &�7 / IP IRON PIPE I RANCHO IIIGJO, SECTION TWO / / V L 0 T 8 PLAT RECORD 17, MAP NO. 61 G.C.M.R. / 10' E.U.E. LOT 5B (CENTERED ON LOT LINE) L 0 T 5 A // / _ N 32'52'22" E 170.00' 1 10' U.E. FND 5/8" IR W/CAP TRACT 5A FMS SURVEYING (CM) ,, \ _ 0.350 ACRE I _ .� 00- .g.c. (15,261 SQ. FT.) cA w ca. .. 01 E—E =E—Ei=-E=E-F =E'—E t9 m TRACT 8 Cr) S 33'00'48 W 170.00 �� Ooi SET 100D NAIL SET 100D NAIL 06 ICS \ 'A CITY OF FRIENDSWOOD In N �A WINDMERE ROAD \ cp u-, oP Z �,,, P.U.E. & P.A.E. (SHADED) "� S 32'S0'02" W MG &I G& (SEE NOTE 1) UP/1T/UC 1,268.01' `� 1i—E—E — E— E— E—E— E — E— E— E__ ET E— —E—E—E —F—F—F —F—F —F E — CITY LIMI71 LINE 10' U.E. S 3 �50102,. `I`/ 17D,0DT \ CITY OF LEAGUE CITY WEST WOOD SUBDMSION PHASE I BLACK P.O. LOT 9 FND 1" IP W/CAP STMPED P.O.C. PLAT RECORD 2006A MAP NO(S). 220-222 G.C.M.R. "COTTON SURVEYING-(CM) LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 N=13,745,838.05 JOHN DICKINSON SURVEY, A - 9 E=3,187,835.39 NOTES: 1.)Shaded area (0.202 Acre-8,798 sq. ft.) to be kept clear of fencing to (TRACT 5A) allow utility companies unimpeded access to their facilities, both A STANDARD LAND SURVEY OF above and below ground level. 2.)Bearings are oriented to the Texas State Plane Coordinate System, South 0.350 ACRE OF LAND OUT OF THE Central Zone 4204, US Survey Feet, NAD83(NA2O11). JOHN DICKINSON SURVEY, A-9 3.)Underground utilities were not located during the course of this CITY OF FRIENDSWOOD survey. The utility appurtenances shown hereon include those visible ►/�(` at the time of the survey and are for general locative purposes only. - - O F GALVESTON COUNTY, TEXAS In providing this boundary survey, no attempt has been made to obtain �/r _ or show data concerning the existence, size, depth, condition, capacity Q'•:,C 1 iT . I; SURVEYED � FOFb or location of any utility existing on or adjacent to the site, whether A,- ."` boundary one ��`•G�LY fV�� private, municipal or public owned. RANCHO VIEJO II do professional surveyors WINDMERE ROAD RESIDENTS 4.)Surface or subsurface faulting, hazardous waste, wetland designatio s OFFE►•'♦'t?' ; rsvis FIRM HO.,°°e.e°° WEST VIEJO DRIVE or other environmental issues have not been addressed within the sco.- °"''Po;;,;�us °""°'s"""°' FRIENDSWOOD, TX 77546 of this survey. fat" • 5489 omn.uenuea,°, Fax iazi9q °,,, 5.)This tract lies within the boundaries of the Galveston County 9+• PESS10 _' • f DRAWN BY: AS/KP/CVO SCALE: 1" = 50' KEY MAP: 657—T Consolidated Drainage District and within the city limits of the City . of Friendswood. SU R v` REV.: 10-31-19 I./ REVIEWED BY: CO/TO DATE: 07-23-16 PROJECT NO: 6767-1519 6.(There exists a second part to this survey, being a Metes and Bounds description of the subject tract. \` EXHIBIT "B" APPROVED BY: CVO FIELD BOOK: LL SHEET 1 OF 1 FILED AND RECORDED Instrument Number: 2019064304 Recording Fee: 42.00 Number Of Pages:6 Filing and Recording Date: 11/21/2019 9:03AM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. E op w t . a. r ot jelurio....jot 46063 °° 64.0 Dwight D. Sullivan, County Clerk °F Galveston County, Texas DO NOT DESTROY - Warning, this document is part of the Official Public Record. (Title: An ordinance approving a vacation of a public right-of-way.) ORDINANCE NO.2017-11 AN ORDINANCE APPROVING A VACATION OF A PORTION OF A PUBLIC RIGHT-OF-WAY ABUTTING THE REAR OF PROPERTIES LOCATED AT 101-105, 301- 305, 503-505, 701-705, 901-907, 1103-1105, 1301-1305 AND 1501-1503 W. VIEJO DRIVE, FRIENDSWOOD, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST A QUITCLAIM DEED BY AND BETWEEN THE CITY AND THE OWNERS OF SAID PROPERTIES. * * * * * * * * * * * WHEREAS, a combined eighty (80) foot wide right-of-way access easement was dedicated to the public by way of recorded plats of Slone's Second Subdivision and Rancho Viejo, Section Two, over and across certain property located in the City of Friendswood, Texas currently known as Lots 1 through 23, Block 1, Rancho Viejo, Section 2, a subdivision recorded in Volume 15, Pages 183-184 of the Galveston County Map Records; and WHEREAS, the owners of said properties have applied to the City for the vacation of the said eighty (80) foot wide right-of-way access easement; and WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of Friendswood, Texas, the applicants have 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 vacation of the eighty (80) foot wide right-of-way access easement to the applicants. 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 described property to the owners of property located within Lots 1 through 23, Block 1, Rancho Viejo, Section 2, a subdivision recorded in Volume 15, Pages 183- 184 of the Galveston County Map Records: 9.195 acres being a tract or parcel containing 9.195 acres (400,533 square feet) of land situated in the John Dickinson Survey, Abstract No. 9 of Galveston County, Texas; being out of and a part of Windemere Road a/k/a"County Road to Algoa," City of Friendswood, Galveston County, Texas. Said right-of-way 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 right-of-way access easement being vacated and released to the owners of property located within Lots 1 through 23, Block 1, Rancho Viejo, Section 2, a subdivision recorded in Volume 15, Pages 183-184 of the Galveston County Map Records. PASSED AND APPROVED on first reading this 1st day of May, 2017. PASSED, APPROVED, and ADOPTED on second and final reading this 5th day of June,2017. Kevin M. H and Mayor ATTEST: TAd • • . © i Melinda Welsh, TRMC �� City Secretary * : Ord 2017-11 2 Exhibit A Ord 2017-11 boundary �4 r: ,...,,i,,,—,nail;urvoyors :' z:: METES AND BOUNDS DESCRIPTION 9.195 ACRES (400,533 SQUARE FEET) JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 9.195 acres (400,533 square feet) of land situated in the John Dickinson Survey, Abstract Number 9, Galveston County, Texas; being out of and a part of Windmere Road a/k/a/ "County Road to Algoa"; said 9.195 acre tract being more particularly described as follows (bearings are grid and oriented to the Texas State Plane Coordinate System, South Central Zone Number 4204, US Survey Feet, NAD83(NA2011); distances are surface and may be converted to grid using a combined scale factor of 0.999867): BEGINNING at 1-inch iron pipe with plastic cap stamped "COTTON SURVEYING" found marking the intersection of the southerly right-of-way (R.O.W.) line of F.M. 518 (140 feet wide) with the southeasterly R.O.W. line of Windmere Road (called 80 feet wide); said iron pipe also marking the northwest corner of a called 24.11 acre Commercial Reserve as dedicated on WESTWOOD SUBDIVISION PHASE ONE, a subdivision plat of record at Plat Record 2006A, Map Number 221, Galveston County Map Records (G.C.M.R.); said 1-inch iron pipe for the most easterly corner of the herein described tract, having Texas State Plane Grid Coordinates of X=3,187,835.39 feet and Y=13,745,838.05 feet; THENCE, South 32°50'02" West, departing said southerly R.O.W. line, along said southeasterly R.O.W. line and the northwesterly line of said WESTWOOD SUBDIVISION PHASE ONE, at 640.44 feet passing the southwest corner of said Commercial Reserve and the most northerly corner of Block 1, at 1885.51 feet passing the most westerly corner of said Block 1, continuing in all for a total distance of 4,448.91 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking the most southerly corner of the herein described tract; THENCE, North 57°09'58" West, over and across the aforesaid Windmere Road R.O.W., a distance of 91.87 feet to a 1-3/4" iron pipe found marking the most southerly corner of Lot 23, Block 1, RANCHO VIEJO, SECTION TWO, a subdivision plat of record at Plat Record 15, Map Number 183, G.C.M.R.; 150 W. Shadowbend Avenue, Suite#304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 et, I boundaryN proft_;sional,urveyors , METES AND BOUNDS DESCRIPTION 9.195 ACRES (400,533 SQUARE FEET) PAGE 2 OF 2 THENCE, North 32°52'22" East, along the southeasterly line of said Block 1, RANCHO VIEJO, SECTION TWO and the northwesterly R.O.W. line of Windmere Road, a distance of 4,415.73 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set on the aforesaid southerly R.O.W. line of F.M. 518 and for the most northerly corner of the herein described tract; THENCE, South 77°38'11" East, along said southerly R.O.W. line, a distance of 94.86 feet to the POINT OF BEGINNING and containing 9.195 acres (400,533 square feet) of land. This description is based upon the Standard Land Survey of 9.195 Acres prepared by Boundary One, L.L.C. and dated July 23, 2016. Compiled by: Christian V. Offenburger, R.P.L.S. �l Boundary One, L.L.C. 150 W. Shadowbend Ave., Suite 304 , �P•���srFR•,f Friendswood, Texas 77546 (281) 648-3131 November 8, 2016 ' Mb9195.doc +r`.ti0�Fss�o ,��► 150 W. Shadowbend Avenue, Suite #304 I Friendswood, TX 77546 phone 281.648.3131 I fax 281.648.3737 I e-mail christian@boundarvone.com T.B.P.L.S. Firm No. 10084800 `7W ROIl '''''''','Y 4iiI9ç g. so o S FRIENvi DSWO oDariii DR "11* A eititt IP Subject Property: 41 NIIIIIIIt 9.195 acres (in orange) City Limit line is dashed red line. , , 44/ II Legend % �I 1 4NW Lot Lines City Limits '_- 'Counties M City Owned Disclaimer.This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.Gov.C.§2501.102.The user is encouraged to independently verify all information contained in this product.The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose.The user.(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use thereof; and(3)releases the City of Fnendswood from any damage,loss,or liability arising from such use. '�°...9, City of Friendswood " r- f' ‘le 910 South Fnendswood Drive e. a'`t �,;,, M Friendswood,Texas 77546 Friendswood G I S Mapping 0 (281)996-3200 � d sti www.ci.fnendswood.tx.us 1 "— 699 '