HomeMy WebLinkAboutQuit Claim Deed With Retention of All Easements - Gratzfeld, Terry & Susan - 1303 W VIEJO DR4
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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 Terry and Susan
Gratzfeld, ("Grantee"),the following "Property":
A tract or parcel containing 0.398 acre (17,352 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 (.14, day of Jll o vtim hey- , 20 ;9 .
ITY OF FRIENDSWOOD,TEXAS
Mi e Fore • • r
ATTEST:
. . F FRIEN '•.
7P-12-Cutaa4A6_0Scir:4-k
Melinda Welsh, TRMC U JL :o :
City Secretary .* :
• oFTE ;.•
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on I\\la I.233 tot by
Mike Foreman, as Mayor for the City of Friendswood, Texas, a Texas municipal
corporation, on behalf of said corporation.
"" MICHELLE 1�n►"`^""' Vwr.x'
PEREZ
„ ;Notary ID#12845085 2 0„,...(
Notary Public, State of Texas
��:� 5 My Commission Expires
November 18, 2022
After Recording, Return to:
Terry and Susan Gratzfeld
1303 W. Viejo Dr.
Friendswood, Texas 77546
boundary one
professional surveyors
TRACT 20
METES AND BOUNDS DESCRIPTION
0.398 ACRE (17,352 SQUARE FEET)
JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9
CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS
Being a tract or parcel containing 0.398 acre (17,352 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 0.398 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., at 2,788.82 feet passing the most westerly
corner of Restricted Reserve "B", Block 1, WESTWOOD SUBDIVISION SECTION 4
and the most northerly corner of the residue of a called 251.309 acre tract of land
conveyed to West Oaks Development, Ltd. as described by deed recorded under
G.C.C.F. No. 9645591, continuing in all along said R.O.W. line for a total distance of
3,551.11 feet to the northeast corner and POINT OF BEGINNING of the herein
described tract;
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
EXHIBIT "A"
boundary 414#
professional surveyors
TRACT 20
METES AND BOUNDS DESCRIPTION
0.398 ACRE (17,352 SQ. FT.)
PAGE 2 OF 2
THENCE, South 32°50'02" West, continuing along said southeasterly R.O.W.
line, a distance of 190.00 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 91 .39 feet to the southeasterly common corner of Lots 20
and 21 , 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 20, a
distance of 190.00 feet to the southeasterly common corner of said Lots 19 and
20, 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 91 .26 feet to the POINT OF BEGINNING and containing 0.398
acre (17,352 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:
150 W. Shadowbend Ave., Suite 304 / P� is rF9 F.4;
Friendswood, Texas 77546 %' co• P
(281) 648-3131 ';•i
3 2019 •., , .,'�
June 'IF .
�FSS1� ♦ 1
TRACT 20_mb0398.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`
(CM) CONTROL MONUMENT P.A.E. PRIVATE ACCESS EASEMENT LEGEND OF SYMBOLS- _
E.U.E. ELECTRIC UTILITY EASEMENT PED PEDESTAL
+ UTILITY POLE(UP) = =
NM = = —
EM ELECTRIC METER P.O.B. POINT OF BEGINNING
FND FOUND P.O.C. POINT OF COMMENCING E GUY WIRE(GA) SCALE: 1" = 50'
FNC FENCE P.U.E. PUBLIC UTILITY EASEMENT //— FENCE
G.C.C.F. GALVESTON COUNTY R.O.W. RIGHT-OF-WAY
CLERK'S FILE T TRANSFORMER E — OVERHEAD UTILITY LINES \1
G.C.D.R. GALVESTON COUNTY U.E. UTILITY EASEMENT
DEED RECORDS UC UNDERGROUND CABLE
G.C.M.R. GALVESTON COUNTY �'
MAP RECORDS
GA GUY ANCHOR BLOCK
IP IRON PIPE `f
IR IRON ROD p���/� VIEJO
SECTION �y�
LT LIGHT RANCHO VIEJO SEC//O►. TWO 10' E.U.E.
L 0 T 2 1 PLAT RECORD 15, MAP NO. 183 G.C.M.R.
L O T 2 0 L L O T 1 9 \
10' U.E. -At 32'52'22" E 190.00' _ \
3 WINDMERE ROAD I ' :`'`
S 33'00'48" W 190.00' O
TRACT 21 E—E—E—E—E—E—E—E-E-E-E-E-E-'EUP ��
p SET 100D NAIL TRACT 20 SET 100D NAIL C)N TRACT 19
K°' N 0.398 ACRE k°'to to \'
03
CITY OF FRIENDSWOOD In �17,352 SQ. FT.) ROIL op O
Z P.U.E. & P.A.E. (SHADED) S 32'50'02" W \z.
Gq (SEE NOTE 1) 3,551.11' `�
CITY LIMIT LINE —E E —E —E—E —E —E —E— E —E—E —E—E—E —
-------------)17
FUTURE 16' U.E. S 32'50'02" W 190.00'
WEST OAK DEVELOPMENT LTD FND 1" IP W/CAP STAMPED \
CITY OF LEAGUE CITY G.C.C.F. NO. 9645591 COTTON SURVEYING(CM)
JOHN DICKINSON SURVEY, A - 9 "E=3,187,835.39
NOTES:1.)Shaded area (0.257 Acre-11,198 sq. ft.) to be kept clear of fencing to (TRACT 20)
allow utility companies unimpeded access to their facilities, both A STANDARD LAND SURVEY OF
above and below ground level. 0.398 ACRE OF LAND OUT OF THE
2.)Bearings are oriented to the Texas State Plane Coordinate System, South
Central Zone 4204, US Survey Feet, NAD83(NA2011). JOHN DICKINSON SURVEY, A-9
3.)Underground utilities were not located during the course of this GALVESTON
OF FR/ENDSWOOD
survey. The utility appurtenances shown hereon include those visible OF • GAL VESTON COUNTY, TEXAS
at the time of the survey and are for general locative purposes only.
In providing this boundary survey, no attempt has been made to obtain `Q;.•�G • ' •
or show data concerning the existence, size, depth, condition, capacity / 1 N- 0I p �
Fat
or location of any utility existing on or adjacent to the site, whether
private, municipal or public owned. boundary one IC RANCHO VIEJO II &
SOFFE i' R
' professional surveyors WINDMERE ROAD RESIDENTS
4.)Surface or subsurface faulting, hazardous waste, wetland designatio �� , , • �i F��� aA°s° WEST VIEJO DRIVE
•or other environmental issues have not been addressed within the sco.• � - �, ...�..xns.. FRIENDSWOOD, TX 77546
of this survey. 5 4 ;� P., 1 on.i�a,,s.�.�n, F°.,.�z�a.�-.,,,
OF 1�
5.)This tract lies within the boundaries of the Galveston County /1/.. . ES5 DRAWN BY: AS/KP/CVO SCALE: 1' = 50' KEY MAP: 657—T
Consolidated Drainage District and within the city limits of the City S U Rv
of Friendswood.
REV.: 10-31-19
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: 2019064317
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.
`��►TE a, ktilie;04.)
1 •
410411), Dwight D. Sullivan, County Clerk
OF GA- 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 5 th day of
June, 2017.
Kevin M. H tnd
Mayor
ATTEST:
OF �:RIE/vd
4/ V
Melinda Welsh, TRMC O
City Secretary
Ord 2017-11 2
Exhibit A
Ord 2017-11
boundary p;
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 32150'02" 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 57009'58" 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 1 Friendswood, TX 77546
phone 281.648.3131 1 fax 281.648.3737 1 e-mail christian@boundaryone.com
T.B.P.L.S. Firm No. 10084800
boundary •�
p rofrt5910 r1 a l 5u rve.-Yo rs
METES AND BOUNDS DESCRIPTION
9.195 ACRES (400,533 SQUARE FEET)
PAGE 2OF2
THENCE, North 32052'22" 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 77138'11" 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 9.196 Acres
prepared by Boundary One, L.L.C. and dated July 23, 2016.
Compiled by: Christian V. Offenburger, R.P.L.S.-4
Boundary One, L.L.C. 0r= T
150 W. Shadowbend Ave., Suite 304 ��,�P�Ws'rFq
Friendswood, Texas 77546
(281) 648-3131 .. .ENBU
....
November 8, 20160
Mb9195.doc SU R
150 W. Shadowbend Avenue, Suite #304 1 Friendswood, TX 77546
phone 281.648.3131 1 fax 281.648.3737 1 e-mail christian@boundaryone.com
T.B.P.L.S. Firm No. 10084800
J�
S FRIENDsVyp`
OR
Subject Property:
9.195 acres (in
orange)
City Limit line is
dashed red line.
Legend
Lot Lines
;.=City Limits
Counties
�%z- 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 htness for a particular purpose. The user. (1) accepts the product AS IS, MTHALL FAULTS, (2) assumes all responsibility for the use thereof,
and (3) releases the City of Fhendswood from any damage, loss, or liability arising from such use.
City of Friendswood
9Fr South Friend Drive F r i e n d s w o o d G I S Mapping
Friendswood, Texasxas 77546
(281) 996-3200
wwwci.friendswood.tx.us 1 = 699
This form should be completed and forwarded to the City Manager's Office as soon as possible prior to
the first date that the item is expected to be placed on the Friendswood City Council agenda.
Date requested for City Council consideration: June 5, 2017
Date Submitted: May 15, 2017 Dept. Clearances: Morad Kabiri
Prepared by: Aubrey Harbin
Subject: Request to vacate 80-foot right-of-way — Windemere Rd. (9.195 acres)
Originating Department: Community Development City Attorney Review: Yes
Proceeding: 2"d reading of an ordinance
Degree of importance: Critical ❑ Significant ® Elective ❑
Expenditure Required: Amount Budgeted:
Appropriation Required: Source of Funds:
FINANCE APPROVAL:
SUMMARY / ORIGINATING CAUSE
RCR
Roger C. Roecker
City Manager
The 23 residents that back up to a portion of the unimproved Windemere Road are jointly requesting the
City vacate the 80-foot right-of-way behind their tracts. The Windemere Road right-of-way is accessible
from FM 518 just before the city limit line and extends to the Lake Friendswood property.
As indicated by the attached no objection letters, CenterPoint Energy, AT&T (Southwestern Bell), and the
Galveston County Consolidated Drainage District have no objection to the request. Comcast does not
object to the request contingent upon an equal utility easement of 80 feet being dedicated and Texas
New Mexico Power is requiring an easement sufficient enough for vehicular access.
IMMINENT CONSEQUENCES / BENEFIT TO COMMUNITY
At this time, the City does not have funds allocated to improve the roadway. Additionally, it is not a
roadway that is planned for expansion or improvement on the Major Thoroughfare Plan. The 23 residents
would take over maintenance of the 9.195 acre area and still provide access to the required utility
companies.
RECOMMENDATIONS
The Planning and Zoning Commission voted unanimously on April 3, 2017, 6-0 (Commissioner Sasson was
absent) to approve the request to vacate the 80-foot right-of-way (9.195 acres) along the back of the 23
lots.
ATTACHMENTS
Ordinance
Exhibit A
Me o
To: Mayor and City Council
From: Craig Lovell, P&Z Chairman
Date: April 4, 2017
Re: Request to vacate an 80-foot right-of-way, being 9.195 acres of
land situated in the John Dickinson Survey, also known as
Windemere Road, being out of and a part of Windemere Road
a/k/a "County Road to Algoa", Friendswood, Galveston County,
Texas
At the meeting held April 3, 2017, the City of Friendswood Planning and Zoning
Commission voted unanimously 6-0 to approve the above referenced request
to vacate right-of-way. Commissioner Sasson was absent.