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HomeMy WebLinkAboutQuit Claim Deed With Retention of All Easements - Kennedy, Michael F. Ken & Renee C - 1503 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 Michael F. Ken and Renee C. Kennedy,("Grantee"),the following"Property": A tract or parcel containing 0.243 acre (10,579 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 e4 day of M to N ew(W-y- , 20 J q . TY OF FRIENDSWOOD,TEXAS Mi ore y r ATTEST: CP1-4e§--t)UL_Ai2- > . aa lll1 &.OF RigtVQ. Melinda Welsh, TRMC ;V A .o . City Secretary : p STATE OF TEXAS COUNTY OF GALVESTON This instrument was acknowledged before me on `‘ by Mike Foreman,as Mayor for the City of Friendswood, Texas, a Texas municipal corporation, on behalf of said corporation. a'" MICHELLE PEREZ `CA ° Naidt otary ID #12845085-2 Notary Public, State o Texas �,• My Commission Expires " ` November 18, 2022 After Recording, Return to: Michael F. Ken and Renee C. Kennedy 1503 W. Viejo Dr. Friendswood, Texas 77546 boundary one professional surveyors TRACT 23 METES AND BOUNDS DESCRIPTION 0.243 ACRE (10,579 SQUARE FEET) JOHN DICKINSON SURVEY, ABSTRACT NUMBER 9 CITY OF FRIENDSWOOD GALVESTON COUNTY, TEXAS Being a tract or parcel containing 0.243 acre (10,579 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 0.243 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 4,333.71 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" boundary can' professional surveyors TRACT 23 METES AND BOUNDS DESCRIPTION 0.243 ACRE (10,579 SQ. FT.) PAGE 2 OF 2 THENCE, South 32°50'02" West, continuing along said southeasterly R.O.W. line, a distance of 115.20 feet to a 5/8-inch iron rod with cap stamped "BOUNDARY ONE-RPLS 5489" set marking 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 .87 feet to a 1-3/4 inch iron pipe found marking the most southerly corner of Lot 23, Block 1 , RANCHO VIEJO, SECTION TWO, and for the southwest corner of the herein described tract, from which a 5/8-inch iron rod found bears North 29°28' West, 0.84 feet; THENCE, North 32°52'22" East, along the southeasterly line of said Lot 23, a distance of 115.20 feet (called 114.34 feet) to the southeasterly common corner of said Lots 22 and 23, 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 .79 feet to the POINT OF BEGINNING and containing 0.243 acre (10,579 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. O.F r_ 150 W. Shadowbend Ave., Suite 304 � PSG = � i+ Friendswood, Texas 77546 = I (281) 648-3131 ;N OFFENB/'►,:4,' June 3, 2019 w • if . .;. Z+ cF3S1? , / TRACT 23 mb0243.doc \ su Ei`L. ,: 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 rABBREVIATIONS• I 50' 1 00' 150' (CM) CONTROL MONUMENT OC`C`Q LEGEND OF SYMBOLS: — EMIIIIIMMIIII E.U.E. ELECTRIC UTILITY EASEMENT C7 + UTILITY POLE(UP) — EM ELECTRIC METER G�� `�(��C FFND NC FENCED `Lp P9 9v E— GUY WIRE(GA) SCALE: 1" = 50' G.C.C.F. GALVESTON COUNTY 66 —�� FENCE CLERK'S FILE 44' �. se 0. E — OVERHEAD UTILITY LINES \ I G.C.D.R. GALVESTON COUNTY C(9 cG P Cj 11 0 G.C.M.R. GALVDEEESTON RECORDS COUNTY Gr j- * i P`- ‹?,��O h, c RANCHO VIEJO SECTION TWn MAP RECORDS G`\`' Q �� [*1 BLO1 CK I GA GUY ANCHOR �F, 45 6 C� PLAT RECORD 15, MAP NO. 183 G.C.M. . IP IRON PIPE 0� �C��G L 0 T 2 3 / L 0 T 2 2 V IR IRON ROD G G. LT LIGHT / \ P.A.E. PRIVATE ACCESS EASEMENT FND 1-3/4" IP(CM) I N 32'S2 22 E PED PEDESTAL FND 5/8" IR I 115.20' P.O.B. POINT OF BEGINNING N 29'28' W, 0.84' (CALLED 114.34) 1 10' U.E. P.O.C. POINT OF COMMENCING ____/__.. P.U.E. PUBLIC UTIUTY EASEMENT �T o'' \ R.O.W. RIGHT—OF—WAY I O C. T TRANSFORMER 3 i WINDMERE ROAD W U.E. UTILITY EASEMENT UC UNDERGROUND CABLE ; m S 33.00'48" W 1 15.20' ; tor.„ \uUP/1T h. =T—=E—E UP E—€ 7.001cp • ap `SET 100D NAIL SET 100D NAIL 0.- In TRACT 23 0^ TRACT 22 ORIGINAL WINDMERE ROAD R.O.W. k — `} 0.243 ACRE o km \ •(10,579 SQ. FT. in CITY OF FRIENDSWOOD `� (NO DEED OF RECORD) � � Z P.U.E. & P.A.E. (SHADED) (I) S 32'50'02" W \ (SEE NOTE 1) 4,333.71' — E — —,—/—A E—ESE—E—E—E—E—E— — CITY LIMITS /� S 3750'02" W FUTURE 16' U.E. —'lI/�— SET 5/8" IR W/CAP STAMPED 1 1 5.20' P.O.C. \ "BOUNDARY ONE—RPLS 5489" P.O.B. CITY OF LEAGUE CITY FND 1" IP W/CAP STAMPED WEST OAK DEVELOPMENT LTD "COTTON SURVEYING (CM) G.C.C.F. NO. 9645591 N=13,745,838.05 JOHN DICKINSON SURVEY, A - 9 E=3,187,835.39 NOTES:1.)Shaded area (0.162 Acre-7,058 sq. ft.) to be kept clear of fencing to (TRACT 23) 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 0.243 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 0 F _ CITY OF FRIENDSWOOD y� survey. The utility appurtenances shown hereon include those visible GALVESTON COUNTY, TEXAS at the time of the survey and are for general locative purposes only. - .4\ 'G/ TE In providingwa this boundaryi survey, no, attemptiz , has been madei to obtainc �F, or show data concerning the existence, size, depth, condition, capacity SURVEYED FOlt or location of any utility existing on or adjacent to the site, whether ^N boundary o n e private, municipal or public owned. 1RANCHO VIEJO II & N�a ,RI'. , • 1: 'e S professional surveyors WINDMERE ROAD RESIDENTS 4.)Surface or subsurface faulting, hazardous waste, wetland designations / • .sPLS FIRM NO.100F.Foa WEST VIEJO DRIVE or other environmental issues have not been addressed within the scope c_ .O 548• •: �' d'�" ' 4 e^ue u'p FRIENDSWOOD, TX 77546 of this survey. ,Q `• • o«mei281)wa.,116Fax03n.•,011, y•. OF \� 5.)This tract lies within the boundaries of the Galveston County �Q'-,ESS .. y0 DRAWN BY: AS/KP/CVO SCALE: 1" = 50' KEY MAP: 657—T Consolidated Drainage District and within the city limits of the City SO R • of Friendswood. REVIEWED BY: CO/TOREV.: — PROJECT NO: 6767-1519 DATE: 07-2—193-16 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: I.L SHEET 1 OF 1 FILED AND RECORDED Instrument Number: 2019064319 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. fiestaE0A= (r....64j1)111e' w � • 440.... Dwight D. Sullivan, County Clerk of GO' 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 lst 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: 4. IR O . S ' (In_eLiCLui,.kcMelinda Welsh, TRMC U �""' O City Secretary �' A .© . '• OF1 . Ord 2017-11 2 Exhibit A Ord 2017-11 boundary 4,1-z i'rof<asiun:,l;Li veryr; 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 1 boundary prolt25sion,l urvcyc,rs METES AND BOUNDS DESCRIPTION 9.195 ACRES (400,533 SQUARE FEET) PAGE 2OF2 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. 0• T . 150 W. Shadowbend Ave., Suite 304 4.,N;• %s Friendswood, Texas 77546 (281) 648-3131 . ► f EN8 ' •# November 8, 2016 • 5`8 Mb9195,doc \�ti� FssIo?,:k4 suR��,�% 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 JQ c/W 1R3c FY i• / *1111, kr , / SFft 4* NDgw00D DR NI11111:// * .AyA�R ,,,,,,,,:. \ Subject Property: ,,e 9.195 acres (in orange) City Limit line is Pr dashed red line. 0,/ 4, i,,,, 0 4/ . I 1 ' ? / . .' Legend �� / 9 Lot Lines e i AINW ED.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 Friendswood from any damage,loss,or liability arising from such use. o3go� ,�,/, --.�oo� City of Friendswood t ` `r 910 South Friendswood Drive o Friendswood,Texas 77546 Friendswood G I S Mapping 0 +. s � (281)996-3200 '?,T4A wwwci.friendswood.tx.us 1 "=699