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Home My WebLink AboutOrdinance No. 2022-11 ORDINANCE NO. 2022-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE ABANDONMENT OF THE CITY'S INTEREST IN A TWENTY-FOOT (20') WIDE DRAINAGE EASEMENT AND A TEN-FOOT (10') WIDE DRAINAGE EASEMENT ACCESS FOR MAINTENANCE OVER AND ACROSS PROPERTY LOCATED AT 1309 FALLING LEAF DRIVE FRIENDSWOOD, GALVESTON COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING THE CITY'S INTEREST IN SAID EASEMENTS; AND ESTABLISHING THE EFFECTIVE DATE. WHEREAS, a twenty-foot (20') wide drainage easement and a ten-foot (10') wide drainage easement access for maintenance were dedicated to the public by way of a subdivision plat known as Mustang Meadows,Section One(1)and recorded in Volume 15,Page 14 of the Map Records of Galveston County, Texas, over and across the certain property located at 1309 Falling Leaf Drive, Friendswood, Texas,which property is more specifically described as Lot 7,Block 1 of Mustang Meadows,Section One, according to the map or plat thereof recorded as Volume 15, Page 14 of the Map Records of Galveston County,Texas(collectively the"Easements");and WHEREAS, Ross H. Eubanks and Kerrie Eubanks, the owners of said property (the "Owners"), applied to the City to vacate said drainage easement and drainage easement access for maintenance identified as a 5,597-square-foot tract out of Lot Seven(7),Block One(1),Mustang Meadows,Section One (1),a subdivision in Galveston County,Texas,in the R. Hoppel Survey,Abstract 83 and Sarah McKissick League, Abstract 151, according to the map or plat thereof recorded in Volume 15, Page 14 of the Map Records of Galveston County,Texas;and WHEREAS,pursuant to Section 70-25 of the Friendswood City Code,Owners supplied all required information to the City for the vacation of the Easements;and WHEREAS,after conducting a public hearing in the time and manner required by law,the Planning and Zoning Commission of the City of Friendswood provided its final report recommending approval of the request to vacate the Easements to the City Council; and WHEREAS,on May 2, 2022,the City Council conducted a public hearing to consider any public comments concerning the request to vacate the Easements; and WHEREAS,after considering the testimony and evidence received at the public hearing as well as the application of the Owners,the City Council has determined that the Easements are no longer necessary for the City;and WHEREAS, City Council has further determined that all public notices have been posted and published, all required hearings on this matter have been held, and that this ordinance complies with the applicable provisions of the City Charter,the Friendswood City Code,and all other applicable laws;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. That the facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. That the City Council of the City of Friendswood, Texas, hereby authorizes the abandonment of the City's interest in the drainage easement and drainage easement access for maintenance encumbering the following property: 5,597 square feet out of Lot Seven (7), Block One (1), Mustang Meadows, Section One (1),a Subdivision in Galveston County, Texas, in the R. Hoppel Survey, Abstract 83 and Sarah McKissick League, Abstract 151, according to the map or plat thereof recorded in Volume 15,Page 14 of the Map Records of Galveston County,Texas,as more particularly described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 3. That Mayor is hereby authorized to execute the Quitclaim Deed, which is attached as Exhibit"A." Section 4. This ordinance shall take effect immediately from and after its final adoption by the City Council of the City of Friendswood,Texas. PASSED and APPROVED on first reading this 2"d day of , , 2022I �Vl IKE FO A Mayoi AT ST: F FRIENO p S� LETICIA BRYSCH,City cr /.� `; APPROVED AS TO FORM: OF F N HORNER,City Attorney PASSED,APPROVED and ADOPTED on second and eadhIg this 6�'day of June,2022. 'W1 '&' MI&E FO F ayor ATTEST: FRID , O 's F. '*t,. O N RENEE KROSS,Deputy City Secretary U � :; O APPROVED AS TO FORM: OF 1�� KAREN HORNER City Attorney H:\City Council\Ordinances\2022\05-02-2022\Ordinance-Abandonment of Drainage Easements at 1309 Falling Leaf Drive.docx 2 Exhibit "A" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. QUITCLAIM DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON§ THAT the CITY OF FRIENDSWOOD, a home-rule municipality located in Galveston and Harris Counties, Texas, as TRANSFEROR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid by the TRANSFEREES herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, QUITCLAIMS, TRANSFERS, AND ASSIGNS to ROSS H. EUBANKS AND KERRIE EUBANKS, as TRANSFEREES, all TRANSFEROR's right,title, and interest in and to the property depicted in Exhibit "A" and described in Exhibit "B," which exhibits are attached hereto and incorporated herein for all intents and purposes. TO HAVE AND TO HOLD all of TRANSFEROR's right, title, and interest in and to the property herein transferred, together with all and singular the rights and appurtenances belonging in any way to TRANSFEROR, by TRANSFEREES and TRANSFEREES' heirs, successors or assigns, forever. Neither TRANSFEROR nor TRANSFEROR's successors or assigns shall have, claim, or demand any right, title,or interest in all or any part of the Property. EXECUTED this the day of , 2022. TRANSFEROR: CITY OF FRIENDSWOOD BY: MIKE FOREMAN,Mayor 4uitclaim Deed,Page I STATE OF TEXAS § COUNTY OF GALVESTON§ Before me, , the undersigned notary public, on this day personally appeared MIKE FOREMAN, the Mayor of the City of Friendswood, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of the City of Friendswood in the capacity stated. SUBSCRIBED AND SWORN before me this day of ,2022. Notary Public in and for the State of Texas My commission expires: TRANSFEROR'S ADDRESS: CITY OF FRIENDSWOOD OFFICE OF THE CITY SECRETARY 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TX 77546 RETURN TO TRANSFEREES: ROSS H. EUBANKS KERRIE EUBANKS 1309 FALLING LEAF DRIVE FRIENDSWOOD, TEXAS 77546 H:\Legal\Deeds\2022\Quitclaim4Eubanks 1309Fa11ingLeafdoc Quitclaim Deed,Page 2 NOTES: G.C.M.R. GALVESTON COUNTY MAP RECORDS 1.ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE EXHIBIT "All O.P.R.G.C.Tx. OFFICIAL PUBLIC RECORDS GALVESTON COUNTY TEXAS TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,AS DEFINED BY P.O.B. POINT OF BEGINNING ARTICLE 21.071 OF THE NATURAL RESOURCES CODE OF THE STATE OF TEXAS,1983 P.O.C. POINT OF COMMENCING DATUM(2011 ADJUSTMENT)EPOCH 2O10.00.ALL DISTANCES ARE ACTUAL DISTANCES. PG. PAGE SCALE FACTOR•0,999887936. R.O.W. RIGHT OF WAY 2.THE SURVEYOR HAS NOT ABSTRACTED THIS PROPERTY.THIS DESCRIPTION WAS VOL. VOLUME PREPARED WITHOUT A TITLE COMMITMENT,THERE MAY BE OTHER MATTERS WHICH APPLY. M— gaiww ewaiwox owe LOT e 9 I HIA 'A" N 41.34'37'E 110.00' raoaaow o>Ka,saoox oua 1 VOL.14,PG.15 �u. �.. O.C.M.R. LOT 1 t Z > T 1'r\\'i �'i M1T •qND� \� � �J--� S 41°51.4W W ,l%ro 18920' rouwo t01 U 8 41ror4Y W 750.00' ■i a nLmKav w \ nnwrCd c, I K,mm,eu 60!ll I N 3 �a ' Y a \ x',' Lt a jmawn \ 5,8LO SQUARE FEET �if o(�' OUT OF LOT SEVEN(7),BLOCK / \ y g�O,E93 , ONE(1),MUSTANG MEADOWS. u I I :i \ \ \ / / D�p / / �i\\ \\ / n UBDIVIC ION IN GALVESTON IIII��y COUNTY,TEXAS IN THE R.HOPPEL SURVEY,ABSTRACT SURVEYOR: 83 AND SARAH McKISSICK F.M.5.5URVEYING LEAGUE,ABSTRACT 151, 19701 STATE HIGHWAY G, ACCORDING TO MAP OR PLAT MANVEL,TEXA5 77578 SL l;V Y1NC,INC THEREOF RECORDED IN CONTACT:JA50N P.5HERIDAN VOLUME 15,PAGE 14 OF THE PHONE:(281)5 19-8530.EXT. 102 MAP RECORDS OF T15"FIRM M 10040400 GALVESTON COUNTY,TEXAS. 0 100 200 300 www.fmssurveyft.00m FMS No.66100 l..."1 A I v7H FEBRUARY11,2022 SCALE: I"=100' DRAFTM.REC SHEET 1 OF: EXHIBIT 11B" METES&BOUNDS DESCRIPTION OF a 5,597 square foot tract of land for the purposes of partial vacation of a 20'Drainage Easement and 10'Drainage Access Easement for Maintenance on Lot seven(7),Block one(1),Mustang Meadows,Section one(1),recorded under Volume 15,Page 14 (Vol.Pg.)Galveston County Map Records(G.C.M.R.),out of and being part of that certain tract of land described in deed to Ross H.Eubanks and Kerrie Eubanks under Galveston County Clerk's File Number(G.C.C.F.No.)2021058843,being situated in the R.Hoppel Survey,Abstract Number 83 and Sarah McKissick League,Abstract Number 151,with said 5,597 square foot tract of land being further described in metes and bounds as follows: COMMENCING at a 1/2 iron pipe found at the South comer of Lot 7,at the Southeast corner of a certain tract of land described in deed to Jeffrey E.Fiesinger and Spouse Kelly M.Fiesinger,recorded under Galveston County Clerk's File Number (G.C.C.F.No.)2012042629,Official Public Records Galveston County Texas (O.P.R.G.C.Tx.)and being Lot 8 of Mustang Meadows,Section 1,Block 1,in the North line of Section 3,Wilderness Trails,recorded under Volume 18,Page 293(G.C.M.R.); THENCE:N 47*47'501"W,along and with the East line of the Fiesinger tract and the West line of the Eubanks tract,and to the South right-of-way line of Falling Leaf Drive (called 60 feet in width),as shown on map recorded under Vol.15,Pg.14 G.C.M.R.,a distance 293.84 feet to a Point for Corner,same being the Northwest corner of the Eubanks tract and the Northeast comer of the Fiesinger tract,from which bears a 1/2-inch iron pipe S 47.53'15"E,a distance of 0.39 feet; THENCE:N 41'34'37"E,departing from the Northwest comer of the Eubanks tract and Northeast comer of the Fiesinger tract,along and with the North line of the Eubanks tract and South right-of-way line of Falling Leaf Drive,a distance of 110.00 feet to a 1/2-inch iron rod found disturbed and the beginning of a curve to the right; THENCE:continuing along said curve and with the North line of the Eubanks tract and the South right-of-way line of Falling Leaf Drive,having a radius of 492,25 feet,a chord bearing of N 55.51'26"E, a chord distance of 243.44 feet to a Point for Comer, same being the Northwest corner and POINT OF BEGINNING of the herein described tract; THENCE:continuing along the curve to the right,along and with the North line of the Eubanks tract and the South line of Falling Leaf Drive right-of-way,said curve having a radius of 492.25 feet,a chord bearing of N 72'14'09"E, a chord distance of 34.85 feet to a Point for Corner,same being the Northeast comer of this tract; THENCE:S 48'20'25"E,departing from the South right-of-way line of Falling Leaf Drive,crossing a Partial abandonment of a 40 foot Pipeline Easement on Lot 7,Block 1 of said Mustang Meadows Subdivision,recorded under G.C.C.F.No.2021056776, (O_P.R.G-C.Tx.),along and with the East line of this tract,a distance of 177.76 feet to a Point for Corner,same being the Southeast corner of the herein described tract; THENCE:S 41.51'49"W,along and with the Southeast line of this tract,a distance of 30.00 feet to a Point for Corner,same being the Southwest comer of this tract; THENCE:N 48e20'25"W,along and with the Southwest line of this tract,crossing said 40 foot Partial Abandoned Pipeline Easement,a distance of 195.38 feet to a point for comer and POINT OF BEGINNING and containing 5,597 square feet of land. OF TF .;COW'R— SHERIDAN . .............. t R.Sheridan :o 6171 r Registered Professional 'ROF e Land Surveyor No.6171 �q'•. 55�••.•�p NO SUR`1E' FEBRUARY 11,2022 SURVEYOR: P.M.5.5l1RVErING 15701 STATE HIGHWAY G, MANVEL,TPXA577575 S V 'GA-C CONTACT! 5 19- P.SHERIDAN PHONE:(281)5 9-8530,DCi. 102 TBPLS FIRM# 10040400 www.hnssurveying,com FMS No.66100 Esr:�csc. -n i»s DRAFTING:REC SHEET20F2