HomeMy WebLinkAboutQuit Claim Deed With Retention of All Easements - Kelly, Thomas E. & Leslie J. - 705 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 Thomas E. and
Leslie J. Kelly, ("Grantee"), the following "Property":
A tract or parcel containing 0.370 acre (16,116 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 day of go tam b er , 20 Kt .
THE CITY OF FRIENDSWOOD,TEXAS
LA1 l Ids //
Mi e Fore • n, M. o
ATTEST:
.•
: OF F R I A/
O s
Melinda Welsh, TRMC O
City Secretary
OFTEN .
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on i` Le 1 26(in by
Mike Foreman, as Mayor for the City of Friendswood, Texas, a exas municipal
corporation, on behalf of said corporation.
ov,o. MICHELLE PEREZ �^F_ ?-01/4•VT-
i_ ' Notary ID #12845085-2 1 1 lJ�-
My Commission Expires Notary Public, State of Texas
-"Ear' November 18, 2022
After Recording, Return to:
Thomas E. and Leslie J. Kelly
705 W. Viejo Dr.
Friendswood, Texas 77546-5832
boundary one
�,roh ssional surveyor„
TRACT 12
METES AND BOUNDS DESCRIPTION
0.370 ACRE (16,116 SQUARE FEET)
JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9
CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS
Being a tract or parcel containing 0.370 acre (16,116 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 0.370 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, at 1 ,885.50 feet passing a 1/2-inch iron rod with cap stamped "JKC
RPLS 5580" found marking the northwesterly common corner of said Block 1 ,
WESTWOOD SUBDIVISION PHASE I and Block 1 , WESTWOOD SUBDIVISION
SECTION 4, a subdivision plat of record at Plat No. 2016020422, G.C.M.R.,
continuing in all along the northwesterly line of Block 1 , WESTWOOD
SUBDIVISION SECTION 4, for a total distance of 2,073.13 feet to the northeast
corner and POINT OF BEGINNING 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"
boundaryc�
4
profcssional ;urvoyors
TRACT 12
METES AND BOUNDS DESCRIPTION
0.370 ACRE (16,116 SQ. FT.)
PAGE 2 OF 2
THENCE, South 32°50'02" West, continuing along said southeasterly R.O.W.
line, a distance of 178.43 feet to the southeast 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 90.38 feet to the southeasterly common corner of Lots 12
and 13, Block 1 , 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 12, a
distance of 178.43 feet to the southeasterly common corner of said Lots 11 and
12, Block 1 , 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 90.26 feet to the POINT OF BEGINNING and containing 0.370
acre (16,116 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. - OF TF��
150 W. Shadowbend Ave., Suite 304 �P,�G� �r , . \\\
Friendswood, Texas 77546 �,
(281) 648-3131 "'m OFFEN R>'
June 3, 2019 <\?( 90 4 /
9 • FFss�• •i
TRACT 12mb0370.doc •
150 W. Shadowbend Avenue, Suite #304 I 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' 150'7\
(CM) CONTROL MONUMENT P_A.E. PRIVATE ACCESS EASEMENT LEGEND OF U. SYMBOLS _
E. E. ELECTRIC UTILITY EASEMENT PED PEDESTAL + UTILITY POLE(UP) —
MIMMII
EM ELECTRIC METER P.O.B. POINT OF BEGINNING
FND FOUND P.O.C. POINT OF COMMENCING F— GUY WIRE(GA) SCALE: 1- = 50'
FNC FENCE P.U.E. PUBLIC UTILITY EASEMENT II— FENCE '//
G.C.C.F. GALVESTON COUNTY R.O.W. RIGHT-OF-WAY
CLERK'S FILE T TRANSFORMER — E — OVERHEAD UTILITY LINES
G.C.D.R. GALVESTON COUNTY U.E. UTILITY EASEMENT \ \ I
DEED RECORDS UC UNDERGROUND CABLE
G.C.M.R. GALVESTON COUNTY '
MAP RECORDS RANCHO
c SECTION
GA GUY ANCHOR RANCHO VIEIO SECTION TWO 10' E.U.E.
IP IRON PIPE PLAT RECORD 15, MAP NO. 183 G.C.M.R. \ (CENTERED ON LOT LINE) /
IR IRON ROD
LT LIGHTLOT 13 LOT 12 BLOCK III LOT 1 1
10' U.E. -I N 3752'22' E 178.43'
\
3 TRACT 12 W
0.370 ACRE I ;
E—E=E=E—E —t -E------E'�'r-mot—E co
TRACT 13 �cry� S 33'00'48 W 178.43' �q. N
SET 100D NAIL O iS
00 SET 100D NAIL 0 O TRACT 11 \
Km to W/NDMERE ROAD
CITY OF FRIENDSWOOD In , P.U.E. & P.A.E. (SHADED) (r
(SEE NOTE 1) � N 3, '50.02- E \ o
CITY LIMITS — EEE—E�-(? GCE—E—E —E—E—E—E —E— —r—E—E—F+,—E- .�
16' U.E. Ir S 32'5&02" W 17�.43'
CITY OF LEAGUE CITY LOT 8 LOT 9 LOT 10 P.O.B. \
BLOCK 1 LOT 11 P.O C. \
SUBDMSION SECTION 4 I Icy fc FNDCOTTON SURVEYIN CAP CM)
STAMeED
PLAT NO. 2016020422 G.C.M.R.
JOHN DICKINSON SURVEY, A - 9 NE-r3,187,835.39
NOTES: //yy
1.)Shaded area (0.222 Acre-9,687 sq. ft.) to be kept clear of fencing to (TRACT 12)
allow utility companies unimpeded access to their facilities, both
above and below ground level. A STANDARD LAND SURVEY OF
2.)Bearings are oriented to the Texas State Plane Coordinate System, South 0.370 ACRE OF LAND OUT OF THE
Central Zone 4204, US Survey Feet, NAD83(NA2011). JOHN DICKINSON SURVEY, A-9
3.)Underground utilities were not located during the course of this CITY OF FR/ENOSWOOD
survey. The utility appurtenances shown hereon include those visible OF GALVESTON COUN / TEXAS
at the time of the survey and are for general locative purposes only. ---
or COUNTY, LMJ
In providing this boundary survey, no attempt has been made to obtain P.•,G S TER
show data concerning the existence, size, depth, condition, capacity Q 'Q- ' , SURVEYED Mk
or location of any utility existing on or adjacent to the site, whether �7�A��L�ii/
private, municipal or public owned. �� ' RANCHO VIEJO II &
�� ` boundary one
OF '1'B t professional surveyors WINDMERE ROAD RESIDENTS
4.)Surface or subsurface faulting, hazardous waste, wetland designation ' � •Y ,� r"P^`W,a„„o.,"o WEST VIEJO DRIVE
or other environmental issues have not been addressed within the scop, IF � e �rx
of this survey. • 5• 8• Pam, ;I FRIENDSWOOD, TX 77546
Offic°�381�618Jt11 Faa�9II�B9sAtt�
5.)This tract lies within the boundaries of the Galveston County 9'/'O.ESS\e..
Q DRAWN BY: AS/KP/CVO SCALE: 1" = 50' KEY MAP: 657-T
Consolidated Drainage District and within the city limits of the City . 0.0 C-
of Friendswood. f�
REVIEWED BY: CO/TODATE DATE: 0 -7-2-193-16 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: 2019064310
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.144,0---„e Dwight D. Sullivan, County Clerk
OF GAO 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 nd
Mayor
ATTEST:
1 .ILO•:
Melinda Welsh, TRMC : U: ��" d
City Secretary
* : Pkr
••'•. OFT -.,
Ord 2017-11 2
Exhibit A
Ord 2017-11
boundary i:J��
9'olt s ,or,I;urvcyc rs N
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@boundaryone.com
T.B.P.L.S. Firm No. 10084800
boundary
if iiii
,,,.. ion,)l surveyors ,; .
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.
Boundary One, L.L.C. ; 0 T
150 W. Shadowbend Ave., Suite 304 ��,s?�� ‘5r�9..:i
Friendswood, Texas 77546 f . ,,c- A.•c, k,
(281) 648-3131 1 '' $' ' ' ENS '•� •'E
November 8, 2016 ��//,� f
fiyo5'8`��:�� /
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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
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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 Friendswood from any damage,loss,or liability arising from such use.
'"°wa'0-+ City of Friendswood
" • 910 South Friendswood Drive
`t�*= � t Friendswood,Texas 77546 Friendswood GIS Mapping0
a* (281)996-3200
+,. www.ci.friendswood.tx.us 1 "=699 r