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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 • ' r•-o-i4ei2 : .0 Melinda Welsh, TRMC :* ^ • • City Secretary • •...... .. •• , Ord No.2020-19 3 atECL-MiClikiiiiKZ ',NWTAMEp ' MN.Mare n i Mu .a MI M MOW ,, v CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH a fa MOM aM, '."nrrrirvn,• Cl 457.04' I 23.38' 15'25'00` N 5244'00.E 123.00'Oa ri Tr' MOAN Oen ..,,Nn.,...vnNn,, LEANS. \ �004151PORES Iro n M T.wm,r 4,t. '., -. % feast evlsr ouwl Of d ARR rT. Mtl ?' ;\ 5. \ JOIIPH YO8.0C MEW 01 7102 T.WTOGI(f , _ G.C.C.F.Nw 200TN71Q I /0•1 war..GW1Nm smc OE... a VIM OMMa \ .1 GWID Q9117.101ES MMm.", ' : ,. um. eousgro•mow ma M,,. ,M.. 'E'�Mc 0,.,M \ a d1.T GVIEMFOYMOY/J 'M'.a wd'O1°Morox;w.rM rrmM r _ 9ET Sro,R .f MST aWIK$.I NlOo9M000 / COT lama W x w Wane WWI Me v _!I/GP �A 'Psi, CC.C.i t 1077037104 0.1T31 NAM ,.y• / oftwopma.ono o. l�mMM�n W%c l MO TpSG SG.R. 'DR T T F / • a yg,p 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 5. itk SET 5/5^A 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 k Air 0 : ••.. ..•••' 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 ,•j 4iIip,\NO4c • ' UR - Page 2 of 2 Exhibit B p ROJFCT RFNOHNAVI!• CURVE TANI/• ' HARRIS MIRY fL000PWN REf(REN[c NNW MASS 310195 HOOSG STNMESs s,RI.Rao 57AM5w Hots°37 Ross AT u5 CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH 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 rlmon,w,No NAO.,moo CONE-K MO on W D E PPE G.C.C.F. No.2007037162 3) _ •MFA•,oEnawm 70 9E NE.ME S.-YEM EL aaANN. \ 5 510RN 101 UM --'- No Mc Frolatmon N Flu n�WAS 0900.E3 rasa TR M SAW.SEM KE \ 6-7-2007 SET 5/8'IR CCOq Non:MIA 1Laco urP SE/PACE c neS N. FOR IROORNE rt A. C /�W/CAP DOES NOT NcttSSARJ,OM.All MGRtMESUDJECI TO l >aP OF OO POWER UNE nnoDNc UNDER 5'eC1IC coxanoNs °A,c Nc IRON� Nc uxn ♦ D FNFRAL SURVEYORS NOTES d a Nn101RM ` 1, n1[BUM.WMt I0NHrzS 11gYM RM.W£AL =AU 0NVE0T0E DONKEY 1IEP RECORCs 6 Erb• LES o TORS MD.ERE REFERENCED m CZAR. aN,vEaOx o7NKn Dew WORDS 95 Y / CALLED i�ERINE IMM4CFIACA a.•E. ORLV6TON muNTY WANT nis k REonl n9aorrAL TEws soma COMA TCSs.R. MEAN sTArE Nu.L cooxoel.rz ordu 60 TO a. ALLRNAIEN REARc00 sumo.asdc910.a 02002 •. SET 5/81R 1P FIRST BAPTIST CHURCH OF FRIENDSW000 / NmMD ANY aMER(4 10 6 rwa IRDaEr Arrtn 1K G.C.C.F.No.2007077184 / man, n1lE 10 ns TRACI WW1 NEM.WAS NO1 W/CAP AREA �� 6-7-2007 fTED ENE.FAULT U.S,Eons NAM MIAs w DMA (� A 0.1736 ACRES �. / 1,SNn"w'Ro0NEM.*I MES WENS NO,o 70.11D ON Ma wur..2. •/21'/ 7,569 SO.FT. sty' �P1.71E 5SI.OE DIRECTED m ME CUM TO ME APP cr I E OP AN EYPEar CONSULTANT. RO,p Oy�� Irp`�p pOC`,I-2 - Sn / E. roR ARE NS UCNSNO AS EAVES.CEARNNICR.WINN.UDDER.01741M OE&I.WOMEN. 6 t40`,r// .<7.SEEy 7.n �0�� �L.� / 5. AHLCICIE O TO NC OEN DS DOD.W CRONS NONa`SS NON N MERGE N ME CITY Na'l94OV y'C'14/ -L _V•gqqqq‹,,,C.\� 0. WET ARO BOUNDS DCRNYTIoN RAS NEEPAttD N 90 6 H % /��> / IXRN➢ICI0(NM Ma SUIVEY IMP.EY-00 K.NO$RP. 7 C, / Ir2(E•5269,0 AMR 1.2019 00 JOR NA i1-0351 'C•M G1 .R ACW C 2D''''. S'-P. / yrF k 4- `o<� N. BEING 0.1738 ACRES OR 7,569 * \SET 5/81R 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.