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HomeMy WebLinkAboutOrdinance No. 2015-19 (Title: An ordinance amending the prior zoning classifications of property located at 307 E. Edgewood Drive and 313 E. Edgewood Drive, a tract of land consisting of approximately 1.446 acres,situated in the Sara McKissick Survey,Abstract 151, Galveston County, Texas, as more specifically described in Exhibit "A", from prior individual PUD/SUP to one combined PUD for NAICS Uses #713940 "Fitness and Recreational Sports Centers", #7225 "Restaurants and Other Eating Places", #8121 "Personal Care Services", #81219 "Other Personal Care Services" and #6116 "Other Schools and Instruction", all as more fully described herein.) ORDINANCE NO. 2015-19 AN ORDINANCE AMENDING APPENDIX f'C" "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SECTION 3, "PROVISION FOR OFFICIAL ZONING MAP", REZONING THE PROPERTY GENERALLY LOCATED AT 307 E. EDGEWOOD DRIVE AND 313 E. EDGEWOOD DRIVE, A TRACT OF LAND CONSISTING OF APPROXIMATELY 1.446 ACRES, SITUATED IN THE SARA MCKISSICK SURVEY, ABSTRACT 151, GALVESTON COUNTY, TEXAS, AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A", INCORPORATED BY REFERENCE; FROM THE PRIOR ORDINANCE ZONING DESIGNATIONS OF PLANNED UNIT DEVELOPMENT- SPECIAL USE PERMIT (PUD/SUP) FOR 307 E. EDGEWOOD DRIVE AS REFERENCED IN ORDIANCE NO'S. 95-1 (PUD), 95-9 (SUP), 2011-18 (SUP), AND 2013-05 (SUP); AND FROM THE PRIOR ORDINANCE ZONING DESIGNATIONS OF PLANNED UNIT DEVELOPMENT- SPECIAL USE PERMIT (PUD/SUP) FOR 313 EDGEWOOD DRIVE, AS CONTAINED IN PRIOR ORDINANCE NO'S. 95-8 (PUD) AND 2001-04 (SUP), COMBINING BOTH SAID PROPERTIES TO FORM A SINGLE NEW PLANNED UNIT DEVELOPMENT, TO ALLOW FOR NAICS USES #713940 "FITNESS AND RECREATIONAL SPORTS CENTERS", #7225 "RESTAURANTS AND OTHER EATING PLACES", #8121 "PERSONAL CARE SERVICES", #81219 "OTHER PERSONAL CARE SERVICES" AND #6116 "OTHER SCHOOLS AND INSTRUCTION", PURSUANT TO THE ATTACHED SITE PLAN INCLUDED IN EXHIBIT "B", ALL AS MORE SPECIFICALLY REFERENCED HEREIN; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. WHEREAS, 313 East Edgewood, LP, (the "Owner") acting by and through its duly authorized agent, Marylyn Reed, the owner of real property generally located at 307 E. Edgewood, consisting of 0.4821 acres, (21,000 square feet) of land, being out of and part of Lot 4, Block 9, of Friendswood Subdivision out of the Sarah McKissick or V.P. Williams League Galveston County, Texas, according to the map or plat thereof recorded in Volume 7, Page 20 (formerly in Volume 254-A, Page 18) of the Map Records of Galveston County, Texas, and being more particularly described by metes and bounds in Exhibit "A", has filed a joint application to rezone the subject property, (included in prior Ordinances 95-1 (PUD), 95-9 (SUP), 2011-18 (SUP) and 2013-05 (SUP)), for a new PUD to be created by combining the subject property with the property located at 313 E. Edgewood Drive more specifically described hereafter, for the uses referenced hereafter, to form one new combined PUD, pursuant to the site plan and related documents attached hereto in Exhibit"B'; and WHEREAS, 313 E. Edgewood, L.P, (the "Owner") acting by and through its duly authorized agent, Marylyn Reed, the owner of real property generally located at 313 E. Edgewood Drive, consisting of two tracts of land; (1) Lot Four (4), Block Nine (9) of Friendswood Subdivision out of the Sarah McKissick or J R Williams League, Galveston County, Texas, according to the plat of said Friendswood Subdivision recorded in Volume 254- A, Page 18, in the Office of the County Clerk of Galveston County, Texas, and more particularly described by metes and bounds on Exhibit "A" containing .482 acres; and (2) being a tract out of Lot Four (4), Block Nine (9), Friendswood Subdivision out of the Sarah McKissick or J R Williams League according to the plat of Friendswood Subdivision recorded in Volume 254-A, Page 18 in the Office of the County Clerk of Galveston County, Texas, and more particularly described by metes and bounds on Exhibit "A" also containing .482 acres, has filed a joint application to rezone the subject property, (included in prior Ordinances 95-8 (PUD) and 2001- 04 (SUP)), to be created by combining the subject properties identified herein as 307 E. Ord 2015-19 2 Edgewood Drive and 313 E. Edgewood Drive, (collectively the "Property"), for the uses referenced hereafter, to form one new combined PUD, pursuant to the site plan and related documents attached hereto in Exhibit`B"; and WHEREAS, the Planning and Zoning Commission and the City Council conducted a joint public hearing to consider such application; and WHEREAS, the hearing was duly called as provided by the laws of the State of Texas and Appendix "C" of the Code of Ordinances of the City, ("Zoning Code"), and that in such hearing all persons attending were allowed to be heard on the question of whether or not to rezone the Property from PUD-SUP to a new PUD, to one combined PUD for NAICS uses #713940 "Fitness and Recreational Sports Centers", #7225 "Restaurants and Other Eating Places", #8121 "Personal Care Services", #81219 "Other Personal Care Services" and #6116 "Other Schools and Instruction" as requested in the application and as farther depicted in the site plan and related documents included in Exhibit "B" to determine whether such rezoning would affect the health, safety, convenience, or general welfare of the citizens of Friendswood, and whether or not such change in zoning would violate the rights of any interested person; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application for rezoning of the subject Property; and WHEREAS, as a result of the said public hearing, the City Council hereby finds and determines that the proposed change in zoning classification and the rezoning of the Property would not be detrimental to the community, and is in conformance with the zoning ordinance; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Ord 2015-19 3 Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct, it being expressly understood that the City Council of Friendswood ("City Council') is relying upon the express representations of Owners appearing in the documents submitted for final approval, (specifically including those documents in Exhibits "A" and `B" and the representations made at the joint public hearing before the Planning and Zoning Commission and City Council to induce approval of the rezoning made the subject of this Ordinance. Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision for Official Zoning Map," is hereby amended, rezoning the Property identified in the attached Exhibit "A", from PUD-SUP, as referenced in Ordinances 95-1 (PUD), 95-9 (SUP), 2011-18 (SUP) and 2013-05 (SUP) for 307 E. Edgewood Drive and 95-8 (PUD) and 2001-04 (SUP) for 313 E. Edgewood Drive, to replace the subject prior zoning ordinances related to such Property, to establish one combined new PUD for NAICS uses #713940 "Fitness and Recreational Sports Centers", #7225 "Restaurants and Other Eating Places", 48121 "Personal Care Services", #81219 "Other Personal Care Services" and #6116 "Other Schools and Instruction" such purposes and conditions as depicted in Exhibits `B" (all of such exhibits which are attached and incorporated by reference herein), for the Property now identified as the property located at 307 E. Edgewood and 313 E. Edgewood, tracts of land consisting of approximately 0.4821 areas and 1.446 acres respectively, situated in the Sara McKissick Survey, out of Lot 4, Block 9, of Friendswood Subdivision, Galveston County, Texas as more specifically described in Exhibit "A", (which includes warranty deeds, metes and bounds description, location map, zoning and aerial map, referenced therein, all of which are incorporated by reference), but otherwise consistent and subject to the current Zoning Code, and related conditions contained herein. Section 3. The Official Zoning Map of the City of Friendswood shall be revised and amended to show the designation of the Property, as described and as provided in Section 2 above, with the appropriate reference thereon to the number and effective date of this Ordinance, and a brief description of the nature of the change. Ord 2015-19 4 Section 4. This Ordinance shall in no manner amend, change, supplement or revise any provision of any ordinance of the City of Friendswood, save and except the change in zoning classification of said Property as conditioned and described above. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Cotmcil of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same,notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 1st day of June,2015. PASSED, APPROVED, and ADOPTED on second and final reading this 13th day of Julv,2015. Kevin M. hand Mayor ATTEST: Melinda Welsh, TRMC • '. � O City Secretary 0 .0 . . FOF TE•• Ord 2015-19 5 EXHIBIT "A" 1. 307 E. Edgewood Warranty Deed 2. 313 E. Edgewood Warranty Deed 3. Metes and Bounds 4. Location map 5. Zoning map 6. Aerial map o>•t' N99943� 6 PGa NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE ANATURAL 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, GENERAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § THAT S&d FUNDING,INC.,for and in consideration o€the smn ofTENAND N0 1100 ($10.00)DOLLARS,and other good and valuable cash consideration to the undersigned in hand paid by the Grantee herein named,the receipt and sufficiency of which is hereby acknowledged, have GRANTED,SOLD and CONVEYED, and by those presents does GRANT,SELL and CONVEYunto313 EAST EDGEWOOD,LP,allthatcertainreatproportylyingandbeingsrtuated in Galveston County,Texas,more particularly described as follows,to-wit- The description of 0,4821 of an acre(21,000 square feet)of land,being out of and part of Let 44 Block 9,of nriendawood Subdivision, out of the Sarah eKlssiek or V.P,Williams League Galveston County,Texas,according to the I map or plat thereof recorded In Volume 7,Page 20(formerly In Volume 254-A, " Page 18) of the Map Records of Galveston County,Texas, and being more particularty described by metes and bounds as follows: BEGINNING at a 518 inch Iron rod found in the Southeasterly line of East Edgowood Drive(also known as FM2351),markingtho West corner of 313 East Edgewood Drive LP Tract(recorded in Galveston County Clerks bile Number 2001004210), and the North corner of the herein described tract, said red located S45'00109"E 50.00 feet and 845'00100"W 225.00 feet from the original North corner of the aforementioned Lot 4i THENCE South 45 degrees 00 minutes 00 secoudsEast,along the Southwesterly line of said 313 East Edgewood LP Tract,distance of 280.00 feet to a 5/8 inch iron rod set where a bent 5/8 Inch iron rod found at an Easterly direction with a distance of 1.1 feet,marking the South corner of said 313 East Edgewood LP Traet and the East corner of the herein described tract;THENCE South 45 degrees 00 minutes 00 seconds West,across said Lot 4, distance of 75.00 feet to a 518 inch Iron rod set where a capped iron rod found at an Easterly direction with a distance of 0,8 feet,marking the East cower of Melody Plaza Subdivision,Section 2(recorded In Volume 18,Page 738 of the Galveston County Map Records)and the South corner of the herein described tract; THENCE North 45 degrees 00 minutes 00 seconds 'West, along the Northeasterly line of said Melody Plaza Subdivision,distance of280.00 feet to a 518 inch iron rod found where a 5/8 Inch iron rod found at an Easterly direction with a distance of 0.4 feet,marking the North earner of said Melody Plaza Subdivision and the West corner of the herein described tract; THENCE North 45 degrees 00 minutes.00 seconds East, along said Southeasterly line of East Edgewood Drive,distance of 75.00 feet to thePOBVT OF BEGINNING,and thus containing 0.4821 of an acre of land,more or less. This conveyance is made and accepted subject to the following; , I Any discrepancies,conflicts or shortages in area or boundary lines,or any enoroachments,or protrusions or any overlapping of improvements; 2. Any titles or rights asserted by anyone including,but not limited to persons, the public,corporations,governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,gulfs or oceans,eT b, to lands beyond the line of the harbor or butWad lines as established or charged by any government,or c to filled-in lands,or artificial islands,or d. to statutory water rights,including riparian rights,or, e. to the area extending from the line of mean low tide to the 2 line of vegetation,or the rights or interests of access to that area or easement along and across that area; 3 Visible and apparent easements not of record on or across the property herein described; 4 Rights of Parties In Possession, 5 A 1116th of all the oil,gas and other minerals,theroyalties,bonuses,rentals, and all other rights in uemieottonwiththe same are exceptedherefrom,as set forth in nstrumentrecordedinVolume681,Page 619andVolume878,Page 588 of the Deed Records of Galveston County,Texas, 6. Terms,conditions and provisions o£that certain oil,gas and mineral lease(s) recorded in Volume 1119, Page 427 of the Deed Records of Galveston County,Texas; - 7. Rights of tenants in possession,as tenants only, under unrecorded lease agreements; . S. The following matters and all rights and privileges,related thereto,as shown on survey by Michael A.Morton,R.P.L.S.No.3686,of Arrow Surveying under Job No.09-01-031,dated January 26,2009. a) Power pole and overhead electric lines along the northeast line of the property, b) Meander of power poles and overhead lines long the . southwest side of the property, o) Guy down along the southwest side of the property i TO HAVE AND TO HOLD the above-described property,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee,its successors,or assigns forever,and Grantor does hereby bind itself,its successors and assigns to WARRANT and FOREVER DEFEND all and singular,the said premises unto the said Grantee,its successors,and assigns,againstevery person whomsoever lawfully claiming or to claim the same oranypartthereof 3 BY ACCEPTANCE OF THIS GENERAL WARRANTY DEED, GRANTEE ACKNOWLEDGES THAT GRANTORHAS NOT MADE AND DOES NOT HEREBY MAKE ANY REPRESENTATION,WARRANTY OR COVENANT,EXPRESS OR IMPLIED,WITH RESPECT TO THEMANNER,CONSTRUCTION,CONDITION AND STATE OFREPAIROR LACK OF REPAIR OF ANY IMPROVEMENTS LOCATED ON THIS PROPERTY OR THE SURFACE OR SUBSURFACE THEREOF, WHETHER OR NOT OBVIOUS,VISIBLE OR APPARENT, AND THERE IS EXPRESSLY NEGATED ANY WARRANTY AS TO MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS OR SUITABILITY FOR A SPECIFIC USE OR PARTICULAR PURPOSE OF THIS PROPERTY OR ANY PART OR PORTION THEREOF IN ANY RESPECT WHATSOEVER. THE PROPERTY IS SOLD,TRANSFERRED AND CONVEYED"WHBRE IS"AND"AS IS". EXCEPT FOR THE WARRANTIES AS TO TITLE, ALL COVENANTS, AGREEMENTS, WARRANTIES OR REPRESEN ATIONS ARE HEREBY EXPRESSLY NEGATED. EXECUTED this dayof FA2n&6ran" 2009 S Ck 7 FUNDING,INC. By' eme; S Title; <aioa 4 GRANTEE'S MAILING ADDRESSi 313 East Edgewood,LP 313 E.Edgewood Drive Frlendswood,TX 77546 STATE OF TEXAS $ COUNTY OFGALVESTON § This instrument was acknowledged befoxeme,on this 19th dayof February,2009,by dames R,Willde,as President0reotor of S&J FUNDING,INC.,a Texas corporation,on behalf of said corporation, EMEMI _mqs OT PUBLIC,STATE OF TEXAS RETURN TO: PREPARED IN THE LAW OFFICE OF: CHICAGO TITLE-FRIENDSWOOD REDMOND&SAPIO 121 East Edgewood Drive ATTORNEYS AT LAW Friendswood,Texas 77546 6025 Heads Laic,Suite I-W Galveston,Texas 77551 4M40-9145 PILED AND RECORDED si,c aA OFFICIAL PUBLIC 09CCR0S `"'"'° 2009009199 February 23, 2009 00 02 AS An Fge ,$32 00 Mary Ann De,gla, County 01e k GAW.Aton County, x9%A5 S 015-27-0601 GAG 200104210 5 P9s CASH WARRANTY DEED ' GF 264295 `(�,� ` j;1 CTLC/Pearland/cah J Date: January 24, 2001 Grantor: ELIAS ANTONIOS SCOULIOS, also known as ELIAS SCOULIOS and VERONICA SCOULIOS, husband and wife Grantor's Mailing Address(including county): ELIAS ANTONIOS SCOULIOS and VERONICA SCOULIOS,husband and wife 1005 Cowards Creek Fnendswood, Texas 77546 Galveston County Grantee: 313 EAST EDGEWOOD,L P , a Texas limited partnership f Grantee's Mailing Address (including county): 313 EAST EDGEWOOD,L P, a Texas limited partnership P O Box 270 Fnendswood, Texas 77549 Galveston County Consideration; TEN AND NO/100 DOLLARS and other good and valuable consideration Property(including any improvements): Tract I A tract of land out of Lot Four(4),Block Nine(9)of FRIENDSWOOD SUBDIVISION out of the Sarah McKissick or J R Williams League, Galveston County,Texas,according to the plat of said FRIENDSWOOD SUBDIVISION recorded in Volume 254-A,Page 18, in the Office ofthe County Clerk of Galveston County,Texas, and more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes Tract lI Being a tract out ofLot Four(4),Block Nine(9), FRIENDSWOOD SUBDIVISION out of the Sarah McKissick or J R Williams League according to the plat of FRIENDSWOOD SUBDIVISION recorded in Volume 254-A,Page 18 in the Office of the Count Clerk of Galveston County, Texas, and more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes 015-27-0602 Reservations From and Exceptions to Conveyance and Warranty: Easements, rights-of-way, and prescriptive rights, whether of record or not, all presently recorded instruments,other than liens and conveyances,that affect the property,taxes for the current year,the payment of winch Grantee assumes Grantor, for the consideration, receipt of winch is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever Grantor binds Grantor and Grantor's heirs,executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty When the context requires, singular nouns and pronouns ude the plural J ELI O OS sg6uuos CA S ( VERONICA SCOULIOS ACKNOWLEDGMENT STATE,ON TEXAS § CO-LINTY OF BRAZORIA § This instrument was acknowledged before 2001, by ELIAS ANTONIOS SCOIILIOS CAROLYNU HINt.a * 1AYCOMM15810 MR0 Notary Pub , State of Tex nH h Muth K,M 015-27-0603 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF BRAZORTA. § This instrument was acknowledged before m on c 2002, by VERONICA SCOULIOS caaavxM�nti�s ' vsyflpe Notary Pu ' , State of T0111 7W4 i i PREPARED IN THE OFFICE OF AF'T'ER RECORDING RETURN TO Susan B Strickland Attorney at Law 4265 San Felipe, Suite 350 RETURN TO Houston,Texas 77027 CH1CAOt1S1�LEIN6URANCEC08APS�NY 8302 Broadway, Ste. 120 f�earland. Taxes 77b91 015- 27-0604 EXEIlBIT"A„ Page 1 of pages Tract I A tract of Iand out of Lot Four(4), Block Nine(9)of FRIENDS WOOD SUBDIVISION out of the Sarah McKissick or 7 R Williams League, Galveston County,Texas, according to the plat of said FRIENDSWOOD SUBDIVISION recorded in Volume 254-A,Page 18, in the Office of the County Clerk of Galveston County,Texas, and more particularly described by metes and bounds as follows, to-wit COMMENCING at the North corner of said Lot Four(4),BlockNme(9),Friendswood Subdivision, THENCE, South 45 deg East along and with the Northeast line of said Lot Four(4), a distance of 50 feet to a point for comer in the Southeast right-of-way line of the F M Road No 2351, THENCE,South 45 deg most along and with the Southeast right-of-way Ime of F M Road 2351, a distance of 75 feet to a point for the North corner and PLACE OF BEGINNING of the tract herein described, THENCE,South 45 deg East parallel with the Northeast line of said Lot Four(4), a distance of 280 feet to the point for comer, THENCE, South 45 deg West parallel with the Northwest hne of said Lot Four(4), a distance of 75 feet to the point for corner, THENCE,North 45 deg West parallel with the Northeast line of said Lot Four(4), a distance of 280 feet to a point for corner in the Southeast right-of-way line of F M Road 2351, THENCE,North 45 deg East along and with the Southeast right-of-way line of F M Road 2351, a distance of 75 feet to the PLACE OF BEGINNING, and containing 0 482 acres of land, more or less, and also being known as Tract"B" - 015-2i-0605 EXHIBIT"A" Page 2 o£2 pages Tract 11 Being a tract out of Lot Four(4), Block Nine (9), FRIENDSWOOD SUBDIVISION out of the Sarah McKissick or J R Williams League according to the plat of FRIENDSWOOD SUBDIVISION recorded in Volume 254-A,Page 18 in the Office of the Count Clerk of Galveston County,Texas, and more particularly described by metes and bounds as follows, to-wit TRACT"C" COMMENCING at the North comer of said Lot 4,Block 9;Fnendswood Subdivision, THENCE S 45 deg E along and with the Northeast Ime of said Lot 4, a distance of 50 00 feet to a point for comer in the Southeast right-of-way line of F M Road No 2351, THENCE S 45 deg W along and with the Southeast nght-of-way line of F M Road No 2351, a distance of 150 00 feet to a point for the North corner and PLACE OF BEGINNING of the tract herein described, THENCE S 45 deg E parallel with the Northeast line of said Lot 4,a distance of 280 00 feet to a point for comer, THENCE S 45 deg W parallel with the Northwest line of said Lot 4, a distance of 75 00 feet to a point for corner, THENCE N 45 deg W parallel with the Northeast line of said Lot 4, a distance of 280 feet to a point for corner in the Southeast right-of-way line of F M Road 2351, THENCE N 45 deg E along and with the Southeast right-of-way line of F M Road No 2351 a distance of 75 00 feet to the PLACE OF BEGINNING Containing 0 482 acres of land, more-or less sA OFFICIAL PUBLIC RECORDS OF REAL PROPERTY RETURN TO Gkj4k') C#IN;AGOTlTLEtNSURANCECOMW1y001 JAN 29 10013 AM 2001004210 6302 Broadway, Ste 120 STRIM_T $17.00 Pearland, Taxes 17661 Patricia Ritchis,PCOUNTY CLERK GALVESTON TEXAS i EXHIBIT—, PAGE 1 OF 2 PAGES County: Galveston Project: Bergamos Spa Friendswood M&B No: 15-042 CS Job No: 15040 METES AND BOUNDS DESCRIPTION OF 1.446 ACRES Being a tract of land containing 1.446 acres, located in the Sarah McKissick Survey, Abstract 151, in Galveston County, Texas; Said 1.446 acre tract being out of Lot 4, Block 9, of Friendswood, a subdivision recorded In Volume 254A, Page 18, of the Galveston County Deed Records (G.C.D.R.), same being all of a called 0.482 acre tract of land (Tract 1) and a call 0.482 acre tract of land (Tract 11) recorded In the name of 313 East Edgewood, LP in Galveston County Clerk's File (G.C.C.F.) Number 2001004210 and all of a called 0.4821 acre tract of land recorded in the name of 313 East Edgewood, LP in G.C.C,F. Number 2009009799; Said 1.446 acre tract being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System of 1983, South Central Zone): BEGINNING, at a 3/8-inch iron rod found at the north corner of said Tract I and the west corner of a called 0.482 acre tract of land recorded in the name of William Langdoc, Et Ux, in Book Number 2837, Page 325, of the G.C.D.R. on the southeasterly Right-of-Way (R.O.W.) line of F.M. 2351 (aka East Edgewood Drive, ninety feet wide per Volume 3, Page 6, of the Galveston County Map_ Records (G.C.M.R.) and Volume 1791, Pages 202 and 206, of the G.C.D.R.); THENCE, South 480 15' 34" East, with the northeasterly line of said Tract I and the southwesterly line of said Langdoc tract, a distance of 280,00 feet to a 1/2- inch iron rod found at the east corner of said Tract I and the south comer of said Langdoc tract on the northwesterly line of a tract of land recorded in the name of Clear Creek Drainage District in G.C.C.F. Number 9337694; THENCE, South 410 44' 26" West, with the southeasterly lines of said Tract 1, and said Tract II and with the northwesterly line of said Clear Creek Drainage District tract, at 150.00 feet pass a 1/2-Inch iron rod found at the south corner of said Tract ii and the east corner of said 0.4821 acre tract and continuing with the southeasterly fine of said 0.4821 acre tract an overall distance of 225.00 feet to a 518-Inch iron rod set for the south corner of said 0.4821 acre tract and the east corner of Lot 2, Block 1, Melody Plaza Section Two, a subdivision recorded In Volume 18, Page 738, of the G.C.M.R., from which a 5/8-inch iron rod bears South 380 East, a distance of 0.60 feet; EXHIBIT—, PAGE 2 OF 2 PAGES THENCE, North 480 15' 34"West, with the southwesterly line of said 0.4821 acre tract and the northeasterly line of said Lot 2, a distance of 280.00 feet to a 6t8- Inch iron rod found at the west corner of said 0.4821 acre tract and the north corner of said Lot 2 on the southeasterly R.O.W. line of said F.M 2351; THENCE, North 41°44' 26" East, with the northwesterly lines of said 0.4821 acre tract and the southeasterly R.O.W. line of said F.M. 235, at 76.00 feet pass a 5l8- inch iron rod found at the north corner of said 0.4821 acre tract and the west corner of said Tract II, and continuing with said southeasterly R.O.W. line and with the northwesterly lines of said Tract II and said Tract 1, respectively, an overall distance of 225.00 feet to the POINT OF.BEGINNING and containing 1.446 acres of land. frof rF .......... . LL'*.. MlCHAfiL HAAIL Michael Hall, R.P,L.S. A 6786 Texas Registration Number 5765 �tiy°F�SSyoN�yo� �S�UR�O CIVIL-SURV LAND SURVEYING, LC 5909 West Loop South, Suite 200 Bellaire, TX 77401 PH: (713) 839-9181 April 22, 2016 Tj 301 202 0� �eF ti p4 302 RCR 201 200 Op 204 rO`- o0R5 FAO N wC� 412 '92pG a 202 0 �`9i Opp 411 �O,A 00 101 200 sr AO8 �Q00 ah °s a so, O 409 410 103 405 408 0 p°2 QP ^Oo' O Cs ti z0 104 °^ O yeti so, u°2 +0 108 204 ^�� cT 102 300 115 Subject Property: 106 112 1os 307 E Edgewood Dr 110 313 E Edgewood Dr 313 --- — 104 °a sr / 211 N 312 0 y>O 29 310 210 �pC��`' 2 ° 308 olb ti 306 200 �` 205 I 304 P,t�, °m O 203 (/ 201 ice— \ Pp 261 Legend Creeks 208 A 111 �p 213 �..City Limits �C 202 >°, gtiap 269 21 '_ _'Counties Olsclalmea This product is for lnfoonatlonal purposes and may not have been prepared far area suitable for legal,engineering,or surveying proposes.R does not mpresenl an on-the<jmund survey and represents only the approximate relative location ofpmperty,boundaries.Gov.C.§2501.102.The user is encouraged to Independently venfyall information contained In this product The City of Fdendswood makes no representation or wenanty as to the accuracy oftbis product or to its fitness here particular purpose.The user,(1)accepts the pmductAS IS.WITHALL FAULTS(2)assumes all responsibility for the use thereof, and(3)releases the 01 ofFnendswcod from any damage,loss,orliabilth,dosing from such use City South Friendswood 910 Fdendsh od,Teas7Drive Friendswood GIS Mapping Frien(281)9,Texas 77546 (287)996-3200 5 wwwci.ltlend woud.tx.us 1 "= 223 ' ... ............................... 409 :::•:: :. 103 405 PI 10 408 ........... NI N 104 SFR 403 ............. ........ ............. Subject Property: 307 E Edgewood Dr ::: 313 E Edgewood Dr Roy 108 ........... ......iii'::iiiriiii::: 2Q:13ra3..402..... ... '9<� 9>�25::::903:::::::::::::: ..................:. :'dun:::......:::.::::::: r :: . : ::::::::: :::. ................ .... .................................. ............................. .............. . .................................. .....................::::::..... ............. . .................................. .................................. .....:...... 102 . ............. ................................................ ...... :::........ Pun' :::::::::: ::::::: ..................... ::. ........................ o� ....................... 106 o ... ...... O DO 110 ......... .. C;C ................ :....2001.04..... 0 .................. ...................313:::::::::::::::::::::. .................... .............................................. ...................... ............................................... 220 ....................... ............................................... ....................... ............................................... ....,2013 05:::::::::::N ;'307;;;::::::::.': ::...:. ............... ...................... 1 OPU 214 ..............:.. 211 � 310 227 i OPI) ........................ 207 Legend sm -- Creeks 205 ::.City Limits 304 '---'Counties t 201 OSpecial Uses olsdam ec This produd is forinhrmmtional purposes arM may not have been prepared for orbe suitable forlegal,engineering,orsurveynig purposes.It does not represent an on-Me-ground survey andrepresents holy the approximate relative location ofproperty boundaries.Goe C_§2501.102 The useris enooumged to independently vedlyall inhamiatirn contained in thisproducf The City rf Friendsh hod makes no represenlabon or"mmely as to the acsuracyrithis product rata its fitness hart,parlimserpurpose.The user:(1)accepts Iheprodud AS IS,WITHALL FAULT$(2)assumes all responsibility fethe use thereof, and(8 releases the Cifyof Friends mnal liom any dame ,loss,vrimbility.,shm firm such use. City Friendswood e 9fOSOut UIh FrientlswDnve Friendswood GIS Mapping Friendswood,Texas s 7 77548 (381)996-3200 w ..cLfiendswood tcus 1 "= 111 ' ,.g 410 nx �• Il. - .aD' i. • b02 ?� I Y 1'2 Subject Property: 307 E Edgewood Dr 313 E Edgewood Dr �� �� • � 313 ', 220 c a -• ' R ' c an 4 310 '• j, 207 - r ' r r Legend 2os e` 306 -- Creeks 304 :_l City Limits Y - !=t Counties z0 Dlstlaimer ThisprcducI is farmlormatronal proposes andmay not have been preparedforor be suflable torlegal,engineering,orsurveying purposes.It does net represent an on-the ground survey and repnsemt rely the ppro mun.relative location of property bourdenes.Gov.C.§2501.102 The user is encouraged to lntlepandenlly verily all information comamedin this product.The City of Poentlswocd makes no representation or warranty as to the accuracy of this product or to its fitness far a particular purpose.The user.(1)a¢epls the product AS IS,MATH ALL FAULTS;(2)assumes all responsibility forthe use(hereof, wd(3)releases the City ofFriendsvood Oom any damage,loss,or habdity ending from such use. City of Friendswood e 910 South od, Texas Friendswood GIS Mapping Friendswood, Texas 77546 (281)996-3200 w .ci.Mendswood.tx.us EXHIBIT "B" Planned Unit Development: 1. Application 2. Letter—Description of Uses and Setbacks 3. Cover Sheet 4. Site Plan/Photometric Plan 5. Tree Survey 6. Landscape Plan 7. Building Elevations :APR f Frlen"aw"" CITY OF FRIENDSWOOD aG 2 7 1 r PLANNED UNIT DEVELOPMENT(PUD)APPLICATION b . 6 Fee: $300.00 —� CURRENT ZONE OF PROPERTY: �� � 'b PLANNED UNIT DEVELOPMENT (PU Option 1 r Option 2 (circle one) PROPERTY IDENTIFICATION: p SK N� F e � P.((�OGf J Sf • _ LEGAL DESCRIPTION: El Platted Land/Name of Plat: Lot: Block: Reserve: XUnpiatted Land(attach certified metes and bounds description) Z.e.e_ 04AX d SUBMITTAL REQUIREMENTS: Current Deed of Recor&,/ 14most recent plat OR Certified Metes and Bounds Description (including name,address and telephone /number of surveyor)✓ IXJOption 1:This option allows the site plan to be approved as a pars of the zone change request and is a ne-time submittal. The following Information is required and is typically provided with a cover sheet, overall site plan,landscape plan,building elevations,and photometric plan. Engineered drainage and utility plans are also required. �y ✓ Data describing all processes and activities involved with the proposed use -- ✓ Boundaries of the area covered by the site plan ✓ The location of each existing and proposed building and structure In the area covered by the site plan and the number of stories, height, roofline,gross floor area and location of building entrances and exits ✓ The location of existing drainage ways,and significant natural features ✓ Proposed landscaping and screening buffers ✓ The location and dimensions of all curb cuts, public and private streets,parking and loading areas, . pedestrian walks, lighting facilities and outside trash storage facilities • The location, height and type of each wall, fence,and all other types of screening • The location, height and size of all proposed signs ✓ Utility and drainage plans. nv4 >✓ Regulation matrix designating what zoning district the development will follow } (� (✓{�l( I � ✓ Data describing any variation from the typical development requirements r ©Option 2: This option will require the applicant to apply forsite plan approval from the Planning and Zoning Commission at a later date If the zone change to PUD is approved. At the time of site plan approval all information contained in the conceptual plan shall be certified by an engineer and/or surveyor. a/M014 Apr. 22. 201512:43PM N0. 2959 P. 2 The conceptual plan shall provide the following information and is typically provided in the farm of a cover ehaat or letter descfibing the project,an overall site plan and building elevallona: ✓ S+aneral land use and density plan identify proposed general uses,densities,majoropon spaces,oiroulallon and access features ✓ Statement(ndloating proposed phasing of development and the pmjeciad timing of each ✓ Data describing all processes and activities Involvedwith the propaead use ✓ Regulation matrix dosignagngwhatzoning d(atrlot the development will follow ✓ Data doscrbing any variation from the typical davolopmont requirements , Name• �kr� tea A, e,�d�eiJao ' 4.P Email Address: An Phone#: �' Pax#: j MailingllA��d"dress:X13 6.�{.� h Qfty: Wiendiwoo _ $tafa;ji dip: X75 AGENTS INFORMATigN New , —W\j Co be U J all " C&A I he Fawe-, Email Address; t"O Phone#: " f=ax#: ) Melling Address: CRY: State: _ zip: In authmrizing an agent to represent the owner, the owner attests that hismer agent may make verbdl or written ,representations andlor deolarations on the owners behalf and the owner understands and ac)n0vd4dgss that tho Clly of Mendswood shall rely upon the agent's repreaentsuona in Wore pettolning to tho above described properly. The designation of an agent in this matfor in no way absolves the owner of any of the owhet's responalbllllioa outlined by the 01ty of Fdendswood. PETITfCN; a owner/a nt, I harehy paii(ion the city tar approval of the shove descdhsd request as C��� ad a laws the State of Texas and Ordinances Who City of Frfandawood. signatura' (OWnor) (Date) signature: 2- (A nt) (Date) Data Applioatfo Rau ivs : ° Application lyw y; r ReooiptDole: / Receipt M, Datoof Public Headn : 1..0 1 L NowspVwNotice., Proporly Owner Notice; r h Sign on Property: vonou WYC0Fe DEVELOPMENT S CONSTRUCTION,LLC April 24, 2015 City of Friendswood City Council Re: Bergamos located at 313 E.Edgewood Dr. We would like to modify the existing PUD to create a first class spa facility. This spa will offer the following services: • Interior food sales -spa patrons only • Beer and wine sales-spa patrons only • Health spa • Facials • Pedicures and manicures • Hair styling • Tanning • Steam sauna • Therapy pool • Yoga classes This site would conform to all standard development requirements. We would like to follow the.--N-or NCYdevelopment requirements. �.�`C`l�h�V1�10GG� �U�l�l'YtP�'GCGL�.7 ��-1 Gti7b�i� PO [lox 1059 Kdmak,Texas 77565 T 281334 4 472/ F 281 334 5392 �"°°°°° 'Sll"NOIID0815k00 R 1 K3fSJOl3A30 ms sway Tw.mw!e'ouq poo.atyi rvo3 ne ili�{�-.py o y LO J O 3) -�- OV839 903 .U1110V3 M3N ii' s Uar r ao9 w 9r, LU o O c= W dq W g ag. 1s3 -�+ eel Fgi'a n pec ag z O Hs°&ie e8c ns'p_Ye-"F'- Fe"e Ea€ r ° = n iz R4 n Q �92E.�ng �ee1$"•' =3°haw € :'�:;'ra�,'z. � W vn 3'�`i i.Cneg bs5§�Ydy+e;as f ;Mfl ul W 36 g zea§e &4ax°�e9l:rz s;$ �eaE =. 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