HomeMy WebLinkAboutQuit Claim Deed With Retention of All Easements - Campbell, Thomas B. & Kelli - 1305 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 B. and
Kelli Campbell, ("Grantee"),the following"Property":
A tract or parcel containing 0.404 acre (17,589 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 6M day of /�o Jer,+)Aw , 20 Pi .
T - I TY OF FRIENDSWOOD,TEXAS
M. e'' ;rem. M. o
ATTEST:
.• * RI.N ••.
Melinda Welsh, TRMC •* : >AT- C7City Secretaryo,
. N * •
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on I k Le ��C1 by
Mike Foreman,as Mayor for the City of Friendswood, Texas, a Texas municipal
corporation, on behalf of said corporation.
�°,0,,t `I t k.. Mi Paoli(
Notary
MICHELLE PEREZ C
Notary ID #12845085-2 Public, State of Texxas
�,g','"„ My Commission Expires
November 18, 2022
After Recording, Return to:
Thomas B. and Kelli Campbell
1305 W. Viejo Dr.
Friendswood, Texas 77546
boundary o n e
professional surveyors
TRACT 21
METES AND BOUNDS DESCRIPTION
0.404 ACRE (17,589 SQUARE FEET)
JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9
CITY OF FRIENDSWOOD
GALVESTON COUNTY, TEXAS
Being a tract or parcel containing 0.404 acre (17,589 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 0.404 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
3,741 .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 irli6
profession I surveyors
TRACT 21
METES AND BOUNDS DESCRIPTION
0.404 ACRE (17,589 SQ. FT.)
PAGE 2 OF 2
THENCE, South 32°50'02" West, continuing along said southeasterly R.O.W.
line, a distance of 192.32 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 .52 feet to the southeasterly common corner of Lots 21
and 22, 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 21 , a
distance of 192.32 feet to the southeasterly common corner of said Lots 20 and
21 , 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 .39 feet to the POINT OF BEGINNING and containing 0.404
acre (17,589 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 /r"G• F TF
Friendswood, Texas 77546
(281) 648-3131 �. OFFS 1: •p?
June 3, 2019
9 5481 • /
�Fssi. •
TRACT 21 mb0404.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 PED PEDESTAL LEGEND OF SYMBOLS-
E.U.E. ELECTRIC UTILITY EASEMENT P.O.B. POINT OF BEGINNING } UTILITY POLE(UP) Min iiM iiiiii
iiii ME MI —
IMIIIIIMilli
EM ELECTRIC METER P.O.C. POINT OF COMMENCING
FND FOUND P.U.E. PUBLIC UTILITY EASEMENT E GUY WIRE(GA) SCALE- 1" = 50' '
FNC FENCE R.O.W. RIGHT—OF—WAY //— FENCE 77///
G.C.C.F. GALVESTON COUNTY T TRANSFORMER
CLERK'S FILE U.E. UTILITY EASEMENT — E OVERHEAD UTILITY LINES \4
G.C.D.R. GALVESTON COUNTY UC UNDERGROUND CABLE
DEED RECORDS \-
G.C.M.R. GALVESTON COUNTY I I BLOCK
CK RANCHO VIEJO SECTION TWO �'
MAP RECORDS PLAT RECORD 15, MAP NO. 183 G.C.M.R.
IP GUY ANCHOR V
IP IRON PIPE 10' E.U.E.
IR IRON ROD L 0 T 22 I (CENTERED ON LOT LINE) LOT 2 1 jL 0T 20
LT LIGHT I N 32.52'22" E 192.32' \
P.A.E. PRIVATE ACCESS EASEMENT
CITY OF FRIENDSWOOD I 10' U.E. — • •
rNDMERERDA W \a e I IRALE VO R.O.W.)
co- 33°00'48" W 192.32'
!ow)- `UPE-E —E—E—E—E—E —E—E — _ w M
TRACT 22 0) SET 100D NAIL TRACT 21 SET 100D NAIL e� TRACT 20 .L
• rn 0.404 ACRE �, •
03 (17,589 SQ. FT.) N ��
P.U.E. & P.A.E. (SHADED) S 32'50'02" W \
CITY LIMIT LINE Z 6-
-.0 (SEE NOTE 1) (1) c 3,741.11'
— 4—E—ESE—E—E—E—E —E —E—E—E —E—E—E—E— E —E.PC— /�
FUTURE 16' U.E. S 32.50'02" W 192.32' 7
�Il/�
77'\
CITY OF LEAGUE CITY WEST OAK DEVELOPMENT LTD P.Q.T.
FUTURE DEVELOPMENT P.Q.C.
FND 1" IP W/CAP STAMPED
"COTTON SURVEYING(CM)
JOHN DICKINSON SURVEY, A - 9 N=13,745,838.05
E=3,187,835.39
NOTES: //��--rr..
1.)Shaded area (0.263 Acre-11,450 sq. ft.) to be kept clear of fencing to (TRACT 21)
allow utility companies unimpeded access to their facilities, both /�,�� LAND
., SURVEY
above and below ground level. A STANDA. D LAND SUIT IrE/ OF
2.)6earings are oriented to the Texas State Plane Coordinate System, South 0.404 ACRE OF LAND OUT OF THE
Central Zone 4204, US Survey Feet, NAD63(NA2011). JOHN DICKINSON SURVEY, A-9
3.)Underground utilities were not located during the course of this CITY OF FR/ENDSWOOD
survey. The utility appurtenances shown hereon include those visible 0 F GALVESTON COUNTY,
at the time of the survey and are for general locative purposes only. ,� .•';S T'.•.F TEXAS
In providing this boundary survey, no attempt has been made to obtain ••.�G �'
or show data concerning the existence, size, depth, condition, capacity �� ;,b i ty !�*► db.
or location of any utility existing on or adjacent to the site, whether f boundary one •LJVWY FORprivate, municipal or public owned RANCHO VIEJO II dt
' 'T.IA 0 professional surveyors WINDMERE ROAD RESIDENTS
4.)Surface or subsurface faulting, hazardous waste, wetland designations Torts FIRM NO.10084800 WEST VIEJO DRIVE
or other environmental issues have not been addressed within the scope 548°
",°�„, ow°° °""°s""°'a FRIENDSWOOD, TX 77546
of this survey. �• omc°ua1)c°eau+�`s°.�800)83ssn7
5.)This tract lies within the boundaries of the Galveston County 94'tr.'ESS\0 • %
Consolidated Drainage District and within the city limits of the City
uRv DRAWN BY: AS/KP/CVO SCALE: 1' a 50' KEY MAP: 657—T
of Friendswood. N../ REV.: 10-31-19
6.)There exists a second part to this survey, being a Metes and Bounds REVIEWED BY: CO/TO DATE: 07-23-16 PROJECT NO: 6767-1519
\ description of the subject tract. 1f� ��
EXHIBIT B APPROVED BY: CVO FIELD BOOK: LL SHEET 1 OF 1
FILED AND RECORDED
Instrument Number: 2019064318
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.
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Dwight D. Sullivan, County Clerk
°F G 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:
OF ' R I EN1,
Th-dt)-24---.LkAtLAL.
Melinda Welsh, TRMC
City Secretary , . ;
Ord 2017-11
Exhibit A
Ord 2017-11
boundary ti.
p.,0 C„,0,,:11 5111'vOyc)r `°' -
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
boundaryti:', ..41'
pl"o1C55fo1Nlf 5tlfvi;yors '
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. 1
Boundary One, L.L.C. p P. .
150 W. Shadowbend Ave., Suite 304 0, k. :•Q;e.+SrF9 .9
Friendswood, Texas 77546 t
.
(281) 648-3131 4. '' 4 ENB •A
November 8, 2016 � //
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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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:S' Subject Property:
9.195 acres (in
orange)
City Limit line is
dashed red line.
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% i Lot Lines
::City Limits
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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.
'�S'•wocyk City of Friendswood
910 South Friendswood Drive Friendswood GIS Mapping0
h Friendswood,Texas 77546
546
(281)996-3200
a, � wwwci.friendswood.tx.us 1 "=699 '
FRIENDSWOOD CITY COUNCIL AGENDA ITEM FORM
`y s
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 I I Significant® Elective n
Expenditure Required: Amount Budgeted: RCR
Appropriation Required: Source of Funds: Roger C. Roecker
City Manager
FINANCE APPROVAL:
SUMMARY/ORIGINATING CAUSE
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