HomeMy WebLinkAboutOrdinance No. 2020-19 ORDINANCE NO. 2020-19
AN ORDINANCE APPROVING A REQUEST TO VACATE A
.1738 ACRE PORTION OF A 60-FOOT PUBLIC RIGHT-OF-
WAY, ALSO KNOWN AS E. HERITAGE DRIVE;
AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY SECRETARY TO ATTEST A QUITCLAIM DEED BY
AND BETWEEN THE CITY AND FIRST BAPTIST CHURCH
OF FRIENDSWOOD.
* * * * * * * * * *
WHEREAS, a sixty (60) foot right-of-way for E. Heritage Drive (.1738 acres) was
dedicated to the public by way of the Sarah McKissick Survey, Abstract No. 151, Galveston
County, Texas, and Lot 1, in Block 2 of Friendswood Subdivision, a subdivision according to the
map or plat thereof recorded under Volume 254, Page 37 of the Galveston County plat records;
and
WHEREAS, the dedication of the .1738 acre portion of right-of-way is an unrecorded
portion of E. Heritage Drive; and
WHEREAS, the adjacent owner of said property, First Baptist Church of Friendswood,
represented by Leland Harris, has applied to the City to vacate a .1738 acre (7,569 square feet)
portion of the said sixty(60) foot wide E. Heritage Drive right-of-way; and
WHEREAS, pursuant to Section 70-25 of the Code of Ordinances of the City of
Friendswood, Texas, the applicant has supplied all required information to the City, and the City
Council has conducted public hearings with the Planning and Zoning Commission and City
Council to consider any public comments concerning the proposed vacation; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the application for the request to vacate the .1738 acre
portion of 60-foot right-of-way of E. Heritage Drive; 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 .1738 acre portion of sixty(60) foot wide
E. Heritage Drive right-of-way to the applicant.
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 portion of the right-of-way to the owner of property located at 202 E.
Heritage Drive also known as Lot 1, Block 2 of the Final Plat of First Baptist Church of
Friendswood, Texas:
A .1738 acre (7,569 square feet) of land situated in the S. McKissick Survey,
Abstract No. 151, Galveston County, Texas, and being a portion of land out of Lot
1, in Block 2 of Friendswood Subdivision, a subdivision according to the map or
plat thereof recorded under Volume 254, Page 37 of the Galveston County plat
records, also known as an unrecorded portion of E. Heritage Drive. Said easement
area to be released is more clearly shown on the survey attached hereto and made a
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 being vacated and released to the
owner of property located at 202 E. Heritage Drive, also known as Lot 1,Block 2 of the Final Plat
of First Baptist Church of Friendswood, Texas.
PASSED AND APPROVED on first reading this 6th day of April,2020.
PASSED, APPROVED, and ADOPTED on second and final reading this 4th day of
May,2020.
Ord No.2020-19 2
•
Mi eFo an
Mayor
ATTEST:
t FRIEN •
'
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Melinda Welsh, TRMC :* ^ • •
City Secretary
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Ord No.2020-19 3
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4.BEING 0.1738 ACRES OR 7,569 4 TN
SQUARE FEET OF LAND SITUATED \
IN THE S.MCKISSICK SURVEY, 5 bi5°'
ABSTRACT NO.151,GALVESTON \ a�9 Wen me a '
COUNTY,TEXAS,AND BEING A \ 7,7
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PORTION OF LAND OUT OF LOT 1,IN \\ Es . /X W/ '�
BLOCK 2,OF FRIENDSWOOD
SUBDIVISION,A SUBDIVISION �•ne.Nr WN
ACCORDING TO THE MAP OR PLAT // a M ,'
THEREOF RECORDED UNDER \ / O s� "'n�.
VOLUME 254,PAGE 37 OF THE 11�, \ \ 4/ .0 '0'
RECORDS,ALSO KNOWN AS AN 4 '4' \\ yor 4�/ r _ o WING INTO NATION80GALVESTON COUNTY PLAT UNRECORDED PORTION OF E. Q' �,
HERITAGE DRIVE, Vs. \ /a /C —7 � '^1 M104'E
CITY OF FRIENDSWOOD, 4c! TOTAL SURVEYORS,INC. I.G GM
GALVESTON COUNTY,TEXAS Tf .WE.,,, „ m
T...P.ES..MIA OEOGT•AigN No.100131110 OM - M[ ,-,-EN.
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 First Baptist
Church of Friendswood,("Grantee"),the following"Property":
A tract or parcel containing .1738 acre (7,569 square feet) of land situated in the S.
McKissick Survey, Abstract No. 151, Galveston County, Texas, and being a portion of
land out of Lot 1, in Block 2 of Friendswood Subdivision, a subdivision according to the
map or plat thereof recorded under Volume 254, Page 37 of the Galveston County plat
records, also known as an unrecorded portion of E. Heritage Drive, 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 04 day of 016 k_i , 2020.
THE CITY OF FRIENDSWOOD, TEXAS
Jill]____Mike F. • yor
.
ATTEST:
1511APv .. . fr:IP
•
Melinda Welsh, TRMC :V. '0
City Secretary
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••.. ..•••' co
OF TES
STATE OF TEXAS
COUNTY OF GALVESTON
This instrument was acknowledged before me on 5 I pt{ 120 20 by
Mike Foreman, as Mayor for the City of Friendswood, Texas, a Texas municipal
corporation, on behalf of said corporation.
,.. MICHELLE PEREZ I ( 3-1%-ej-
��
' Notary ID #12845085-2
My Commission Expires Notary Public, State of Texas
�'' November 18, 2022
After Recording, Return to:
First Baptist Church of Friendswood
111 E. Heritage Drive
Friendswood, Texas 77546
Exhibit A 0.1738 Acres(7,569 sq.ft.)
S.McKissick Survey,Abstract No.151
Galveston County,Texas
METES AND BOUNDS DESCRIPTION
0.1738 ACRES (7,569 SQ. FT.)
S. MCKISSICK SURVEY,ABSTRACT No. 151
GALVESTON COUNTY,TEXAS
Being 0.1738 acres or 7,569 square feet of land situated in the S. McKissick Survey,Abstract No. 151,
Galveston County,Texas,and being a portion of land out of Lot 1, in Block 2,of Friendswood
Subdivision,a subdivision according to the map or plat thereof recorded under Volume 254, Page 37 of
the Galveston County Deed Records,also known as an unrecorded portion of E. Heritage Drive,City of
Friendswood,Galveston County,Texas.Said 0.1738 acres being more fully described by metes and
bounds as follows:
➢ All bearings referenced herein are based on the Final Plat of First Baptist Church of Friendswood,a
subdivision in Galveston County,Texas,according to the map or plat thereof recorded under Plat Record
18, Map No.900&901,of the Galveston County Map Records.
COMMENCING at a point for corner,said corner being located at the southeast boundary corner of Lot
1, in Block 2,of said Final Plat of First Baptist Church of Friendswood,same being the intersection of the
northwest right-of-way line of East Heritage Drive,a called 60 foot wide public right-of-way,with the
northeast right-of-way line of Pecan Drive,a called 60 foot wide public right-of-way, both right-of-ways
being defined on said Final Plat of First Baptist Church of Friendswood;
THENCE North 45°00'00" East, along the southeast boundary line of said Lot 1,same being the
northwest right-of-way line of said E. Heritage Drive,for a distance of 227.00 feet,to a point for corner,
said corner being the beginning of a tangent curve to the right;
THENCE continuing along the southeast boundary line of said Lot 1,same being the northwest right-of-
way line of said E. Heritage Drive, and with said tangent curve to the right, having a radius of 457.04
feet, a delta angle of 15°28'00", and a chord bearing and distance of North 52°44'00" East-123.00
feet,for an arc distance of 123.38 feet,to a 5/8-inch iron rod with plastic cap set for the POINT OF
BEGINNING of the herein described tract of land;.
THENCE North 40°03'39"West,along the northeast boundary line of said Lot 1,same being the
southwest right-of-way line of said E. Heritage Drive,for a distance of 122.00 feet,to a 5/8-inch iron rod
with plastic cap set for corner,said corner being located in the northeast boundary line of said Lot 1,
same being the northwest right-of-way corner of said E. Heritage Drive,and the southwest boundary
corner of a called 0.8151 acre tract of land,conveyed to First Baptist Church of Friendswood,and Joseph
Mitchell Wright and Artha T.Wright, by deed recorded under Galveston County Clerk's File No.
2007037162 on June 7,2007;
THENCE North 49°56'21" East, along a southerly boundary line of said 0.8151 acre tract, same being
the northwest right-of-way line of said E. Heritage Drive,to a 5/8-inch iron rod with plastic cap set for
corner,said corner being located at an interior boundary corner of said 0.8151 acre tract, same being
the northeast right-of-way corner of E. Heritage Drive;
THENCE South 40°03'39" East,along a southerly boundary line of said 0.8151 acre tract, same being
the northeast right-of-way line of said E. Heritage Drive, passing the southwest boundary corner of a
called 0.9117 acre tract of land,conveyed to First Baptist Church of Friendswood, by deed recorded
Page 1 of 2
0.1738 Acres(7,569 sq.ft.)
S.McKissick Survey,Abstract No.151
Galveston County,Texas
under Galveston County Clerk's File No.2007037164 on June 7,2007,at a distance of 53.00 feet,and
continuing along the southwest boundary line of said 0.9117 acre tract,for a total distance of 130.30
feet,to a 5/8-inch iron rod with plastic cap set for corner,said corner being the southeast boundary
corner of said 0.9117 acre tract,same being the intersection of the northeast right-of-way line of said E.
Heritage Drive,with the northwest right-of-way line of said E. Heritage Drive;
THENCE South 57°48'54"West,across said E. Heritage Drive,for a distance of 60.57 feet,to the POINT
OF BEGINNING and containing within these calls 7,569 square feet or 0.1738 acres of land.
A survey map has been prepared in conjunction with this metes and bounds description by Kevin K.Kolb,RPLS
5269,dated April#,2019(TSI Job No.12-038)
The square footage totals as shown hereon are based on a mathematical closure of the courses and distances
reflected herein. It does not include the tolerances that may be present due to positional accuracy of the
boundary monumentation.
Compiled by:
TOTAL SURVEYORS, INC.
T.B.P.L.S. Firm Registration No. 10075300 0;'ior
4301 Center Street, Deer Park,Texas 77536 • 0 ••::‘
281-479-8719 I April 1,2019 Vt. ST
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Page 2 of 2
Exhibit B
p ROJFCT RFNOHNAVI!• CURVE TANI/• '
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a9 AND NEwCAanE DR.LOCATED S.OF INT.SECTION,
INSIDE CRY of N 41!IR WATER TANKS.A Pr W.a R00 A Cl 457.04' 123.38' 15'28'00N N 52'44'0D* E 123.00'
00 FT NC Cl'POWER 115.0.RLKR IN KONM.12, f
fNAT0N:55.075 REl NAM Ism.Zoo,AON51E0. \
E F M A R non IONS STATEMENT. I FOFNn• CALLED 0,6181 ACRES /> `,`
JOSEPH MITCHELL WRIGHT and ARTHA T.WRIGHT t
MENP,DD.4IR NM WATER TO �. SU., 0 �°W..Y
"LAB :It.166 000i10.1.11ar em 2Cn MO NNE PP FIRST BAPTIST CHURCH OF FRIENDSW000,and ?39 ep0_ s k? } .
L`eEIIEFINN 0IIIUI`1ME TRACT HEREOF SURVEYED JCS PP.." �[ Q_/I/jo O ... \
P.M:DUE'V co mod 020nwnro ED 9r 077050E ME n of OF RIM \ JOSEPH MITCHELL WRIGHT and 7262 T.WRIGHT G: VV
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SQUARE FEET OF LAND SITUATED ,54 W/�
IN THE S.MCKISSICK SURVEY, \ 5 5,A6
ABSTRACT NO.151, GALVESTON \ \ 10'BOUMW UK
P.R 18,NAP Ne.900 OttitCOUNTY,TEXAS,AND BEING A \ \ A 901 O.C.N.H.\\/ SET 5/81R
PORTION OF LAND OUT OF LOT 1,IN la•MUNK 60 / G'/ SET 5
BLOCK 2,OF FRIENDSWOOD \v-R.R.pO.MAP H.900 SUBDIVISION,A SUBDIVISION \ J�ACCORDING TO THE MAP OR PLAT \ `° a NR / / ONPG�� '', I'THEREOF RECORDED UNDER \ /.."
G 4..I.5s:.
Pam\ P690N I-:.':Eat,•f
VOLUME 254,PAGE 37 OF THE w��s \ \ / GG_��� e�°
4 \ i icy
\ o. 0 20 40 60
GALVESTON COUNTY PLAT 4'to'(. '9Z \ 4icy
412
RECORDS,ALSO KNOWN AS AN 'I§ yori/iir ��° DRAWING INFORMATION
UNRECORDED PORTION OF E. �ba ,43
gre \ Q� -- �__1 ROLE -3a
HERITAGE DRIVE, 9o� FF \ y /�/ me1 a 11%17 IMOSurc
CITY OF FRIENDSWOOD, "' 11�'
eke TOTAL SURVEYORS,INC. RDD OVA 6RIRFm
GALVESTON COUNTY,TEXAS 4101 CENTER STREET,OUR PARK,TEXAS QO _
W EEO
PHONE:2E1.479.8719 I TOTALSURVEYOAiCOM
T.O,P.L.S.FIRM REGISTRATION NO.10075900 062E - OW 4-1-201Y
FILED AND RECORDED
Instrument Number: 2020024277
Recording Fee: 42.00
Number Of Pages:6
Filing and Recording Date: 05/06/2020 10:07AM
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.
•4!-Nr.k c.)]
°� Dwight D. Sullivan, County Clerk
' GA4`.` ' Galveston County, Texas
DO NOT DESTROY - Warning, this document is part of the Official Public Record.