HomeMy WebLinkAboutOrdinance No. 2015-21 (Title: An ordinance rezoning a tract of land consisting of approximately 5.6144 acres,
located at 14550 Beamer Rd., in the James F. Perry and Emily M Austin Survey, Abstract
No. 55, Harris County, Texas and being part of Lot 69, Hoidale Coffman Subdivision
recorded in Volume 3, Page 6 of the Harris County Map Records, Friendswood, Texas, (as
more fully described herein), from Industrial ("I") to Industrial/Specific Use Permit
("I/SUP") for NAISC Use#486, "Pipeline Transportation."
ORDINANCE NO.2015-21
AN ORDINANCE AMENDING APPENDIX "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 14550 BEAMER RD, A
TRACT OF LAND OF APPROXIMATLY 5.6144 ACRES, LOCATED AT
14550 BEAMER RD., IN THE JAMES F. PERRY AND EMILY M
AUSTIN SURVEY, ABSTRACT NO. 55, HARRIS COUNTY, TEXAS AND
BEING PART OF LOT 69, HOIDALE COFFMAN SUBDIVISION
RECORDED IN VOLUME 3, PAGE 6 OF THE HARRIS COUNTY MAP
RECORDS, FRIENDSWOOD, TEXAS, MORE FULLY DESCRIBED
HEREIN FROM THE CURRENT DESIGNATION OF INDUSTRIAL ("I")
TO INDUSTRIAL/SPECIFIC USE PERMIT ("I/SUP"), PERMITTING
NAICS USE #486 "PIPELINE TRANSPORATION", ALL AS MORE
SPECIFICALLY PROVIDED 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, Ergon—Texas Pipeline, Inc, (the "Owner"), acting by and through its duly
authorized agent Cade Sherman, owner of real property generally located at 14550 Beamer Rd.
within the City, same consisting of 5.6144 acres located in the James F. Perry and Emily M
Austin Survey, Abstract No. 55, Harris County, Texas and being part of Lot 69, Hoidale
Coffman Subdivision recorded in Volume 3, Page 6 of the Harris County Map Records,
Friendswood, Texas, (the "Property"), as more fully shown in the deed, legal description,
location map, zoning map, and aerial maps in the attached Exhibit "A", has filed an application
to rezone the property currently zoned Industrial ("I") to Industrial/Specific Use Permit
("I/SUP")to permit NAICS Use# 486, "Pipeline Transportation" for the Property; 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, 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
Industrial ("I") to Industrial/Special Use Permit ("I/SUP") for the Property, to allow for NAICS
Use # 486, "Pipeline Transportation" as requested in the application and as fiuther depicted in
the site plan, elevation, drainage plan and related documents in Exhibit `B", attached hereto and
incorporated by reference, 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;
Ord. 2015-21 2
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3,
"Provision for Official Zoning Map," is hereby amended, permitting rezoning from Industrial
CT') to Industrial/Special Use Permit ("I/SUP"), for NAICS Use # 486, "Pipeline
Transportation" for the Property at 14550 Beamer Rd. within the City, consisting of
approximately 5.6144 acres located in the James F. Perry and Emily M Austin Survey, Abstract
No. 55, Harris County, Texas and being part of Lot 69, Hoidale Coffman Subdivision recorded
in Volume 3, Page 6 of the Harris County Map Records, Friendswood, Texas, ( the "Property"),
as more specifically described in Exhibit "A," (incorporated by reference), for construction of a
pipeline transportation facility pursuant to the site plans, (including the elevations, drainage plan
and related documents), attached hereto as Exhibit `B," incorporated by reference for all
purposes.
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.
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 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
Council 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
Ord. 2015-21 3
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 13th day of July,2015.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd day of
August,2015.
A ✓
P
Kevin M. Ho d
Mayor
ATTEST:
�1.V� ••p
Melinda Welsh, TRMC
p••
City Secretary p
N9 CO
�FOFTE�P.
Ord.2015-21 4
EXHIBIT "A"
1. Deed
2. Legal Description as contained in Title Commitment, Schedule A
3. Zoning Map
4. Location Map
5. Aerial Map
Ord 2015-21
Exhibit A
02/1S/2014 RP2 540.00
WHEN RECORDED, RETURN TO: ,
Watson &Jones, P.A.
J ✓`,
2829 Lakeland Drive [�
Jackson,Mississippi 39232
(601)939-8900
Attn: J. Kevin Watson
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OI2 STRIKE ANY OF TIIE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN TIIE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
SPECIAL WARRANTY DEED
THE STATE OF TEXAS )
KNOW ALL MEAN BY THESE PRESENTS
1`]
COUNTY OF HARRIS )
That, for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
j acknowledged, BKEP Pipeline, L.L.C., a Delaware limited liability company, whose address is
6120 S. Yale, Suite 500, Tulsa,OK 74136, hereinafter called "Grantor," as successor in interest
to Seminole Creek, Ltd., a Texas limited partnership, hereby grants, bargains, sells,and conveys
4j unto Ergon — Texas Pipeline, Inc., a Mississippi corporation, whose address is 2829 Lakeland
Drive, Jackson, Mississippi 39232, hereinafter called "Grantee," the real property described on
Exhibit "A" attached hereto and incorporated herein by this reference, with all its appurtenances
(the "Property"). The Property conveyed herein being the same property conveyed to Grantor's
predecessor in interest, Seminole Creek, Ltd., by that certain unrecorded Deed from Salter Creek
Resources, L.L.C., a Texas limited liability company, executed December 22, 2000, and attached
hereto as Exhibit"B"
TO HAVE AND TO I[OLD the Property, subject to all matters of record or visible on the
ground, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its
successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property,
subject to all matters of record or visible on the ground, unto Grantee, its successors and assigns,
against every person whomsoever lawfully claiming or to claim the same or any part thereof, by,
through,or under Grantor,but not otherwise.
[End of Page]
Executed as of the state of Grantor's acknowledgment but effective as of December 3 t,
2013.
GRANTOR:
BKEP Pip ine, L.L.C., as successor in interest 226A-
to Sem' C Lt .
Title: C.�n e P
SIGNATURE PAGE TO THAT CERTAIN SPECIAL WARRANTY DEED FROM BKEP
PIPELINE, L.L.C.TO ERGON -TEXAS PIPELINE, INC.,N STATE OF Ok I (t-h o 1_a—,
N
COUNTY OF
i
h` This i slrument tvas acknowledg before me on a, 204
by �° ,—�� 0 BKEP pelinc, L. ,.C., a Delaware
limited liability compan ,on behalf of said limite ability company.
il}
Notary Public, State of
``' f��ner</e, J'�1 C�✓lac. //
Printed Name of Notary
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Date Grantor Recording Data Description
8-17-37 John L.Jones 1057-669 DEED TO HUMBLE
PIPELINE CO. FOR 5.6144
AC IN JAMES F. PERRY
AND EMILY M.AUSTIN
SURVEYS
9-23-65 Humble Pipeline Co. Not Recorded OPERATING AGREEMENT
WITH HUMBLE OIL&
REFINING CO. FOR
FRIENDSWOOD
TREATING AND
GATHERING SYSTEM
10-21-71 Humble Pipeline Co. Not Recorded 25 FOOT WIDE ROAD
EASMENT TO HUMBLE
N OIL&REFINING ACROSS
1� A 5.6144 AC TRACT IN
JAMES F. PERRY AND
h EMILY M.AUSTIN
SURVEYS
11-27-72 Humble Pipeline Co. 157-33-0681 EASEMENT TO HOUSTON
LIGHTING AND POWER
CO. FOR POLE LINES
ACROSS 5.6144 AC TRACT
AS RECORDED IN VOL.
1057, PAGE 669.
Exhibit "B"
l
DEED WITHOUT WARRANTY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS §
DATE: December 1,2000
GRANTOR: Salter Creek Resources,L.L.C.,a Texas limited liability company.
GRANTOR'S MAILING ADDRESS(INCLUDING COUNTY):6 Thunder Cove
Place,The Woodlands, County,Texas 77381.
GRANTEE: Seminole Creek,Ltd.,a Texas limited partnership.
GRANTEE'S MAILING ADDRESS(INCLUDING COUNTY): 7506 E. 91"Street,
Suite 200,Tulsa,Tulsa County,Oklahoma 74133.
CONSIDERATION:Ten Dollars and other valuable consideration the sufficiency of
Nwhich is hereby acknowledged as an initial contribution to partnership capital.
PROPERTY(INCLUDING ANY IMPROVEMENTS): The property("Property")
described in Exhibit"A"attached hereto,together with the buildings and improvements
("Improvements")thereon.
RFSERy4TIONS FROM AND EXCEPTIONS TO CONVEYANCE: All matters
identified as exceptions, exclusions or reservations on Exhibit "A" which is attached
hereto and incorporated herein.
Grantor, for the Consideration, 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 heirs, executors, administrators, successors, or
assigns forever,without warranty either express or implied.
THE PROPERTY AND IMPROVEMENTS CONVEYED BY THIS DEED ARE
CONVEYED TO GRANTEE ON AN AS-IS, WHERE IS AND WITH. ALL
FAULTS BASIS. GRANTOR MAKES NO REPRESENTATIONS OR EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE PROPERTY OR
IMPROVEMENTS AND HEREBY DISCLAIMS ANY IMPLIED WARRANTY
AS TO THE IMPROVEMENTS' CONDITION, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. GRANTOR MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE
ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR j
l MATERIALS HERETOFORE OR HEREAFTER FURNISHED GRANTEE IN
CONNECTION WITH THE PROPERTY OR IMPROVEMENTS AND ANY
:sssvo0
I
RELIANCE•ON OR USE OF THE SAME SHALL BE AT GRANTEE'S SOLE
RISK. FURTHER, IN NO EVENT SHALL GRANTOR BE LIABLE FOR ANY
SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES
UNDERTHIS DEED.
By its acceptance of this Deed, Grantee, its successors and assigns, convenants and
agrees that (1) without the prior written consent of Grantor, which consent may be
granted or denied in Grantor's sole discretion, Grantee, its successors and assigns, shall
not use the Property or any portion thereof for any use other than a commercial or light
industrial use,and in particular not for(a)residential use or(b)other activities Involving
use of the Property or any portion thereof by persons other than industrial employees,
such prohibited activities would include,but not be limited to,a playground, recreational
park,day nursery,group day-care center,school,hotel, inn,retail establishment such as a
shopping center or restaurant,hospital,nursing home,rehabilitation center,or community
corrections center; and (2) Grantee, its successors and assigns, shall not construct
underground parking,basements,excavations under the surface of the Property other than
building and road foundations,supports,footings and utilities(including storm drains and
related facilities). This shall constitute a covenant running with the land for the benefit of
Grantor, its successors and assigns, and is binding upon Grantee, its successors and
assigns. Any encroachments onto the Property as they exist on the date hereof shall be
N' considered to violate(1)or(2)above.
When the context requires,singular nouns and pronouns include the plural.
hThis Deed i;hall bind and inure to the benefit of Grantor and Grantee and their respective
successors and assigns.
This Deed is executed on the dates set forth in the respective acknowledgements attached
hereto,but shall be effective as of A2•R-,P. V e-&-O
GRANTOR: GRANTEE:
Salter Creek Resources L.L.C. Seminole Creek,Ltd.
By: ? � By:.Semino a Creek Operating Co., L.L.C.,
Name:Richard.Tyler its General P rtner
Title: President
Date: /1. 1?•Avo By:
N tti, l
Title: Manager
Date:
4
1899900
t � .
STATE OF TEXAS X
X
COUNTY OF IACa rii X
This instrument was acknowledged before me on e 2000,by
Richard N. Tyler, President of SALTER CREEK RESOURCES L.L.C., a Texas limited
liability company,on behalf of said limited liability company.
A .
RK NOTARY PUBLIC
LISAA.BIANSR CAMMISSIpY [RES My Commission expires:�rele,so9a
STATE OF TEXAS X
X
COUNTY OF �S X
FI 22
This instrument was acknowledged before me on 2000,
by ua•u L mow( , Manager of SEMINOLE CREEK OPERATING CO.;
L.L.C.,General Partner of SEMINOLE CREEK, LTD., a Texas limited partnership, on
behalf of said limited partnership.
NOTARY PUBLIC
^ L18AA.BLANSIr
MYCOMMI93
ION EVISES My Commission expires: [o
pHu ¢}.1 Jutre1S,2087
W
C
1899WI
t \ EXHIBIT"A"TO DEED WITHOUT WARRANTY
FRIENDSWOOD STATION
HARRIS COUNTY,TX i
i
Tract Date Grantor Recording Data Description
No. BkJNo.
8-17-37 JOHN L.JONES 1057.668 DEED TO HUMBLE PIPELINE CO.FOR
5.6144 AC IN JAMES F.PERRY AND
EMILY M.AUSTIN SURVEYS
9-23-0S HUMBLE PIPELINE CO. NOT OPERATON AGREEMENT WITH
RECORDED HUMBLE OIL&REFINING CO.FOR
FRIENDSWOOD TREATING AND
GATHERING SYSTEM.
10-21-71 HUMBLE PIPELINE CO. NOT 25 FOOT WIDE ROAD EASEMENT TO
RECORDED HUMBLE OIL&REFINING ACROSS A
(� 5.6144 AC TRACT IN JAMES F.PERRY
N AND EMILY M.AUSTIN SURVEYS
11-27-72 HUMBLE PIPELINE CO. 157-33-0681 EASEMENT TO HOUSTON LIGHTING
AND POWER CO.FOR POLE LINES
ACROSS 5.6144 AC TRACT AS
RECORDED IN VOL.1067 PAGE 669.
RECORDER'S MEMORANDUM:
At the time of recordation, this inslrumentwas
Page 1 of 1 found to be Inadequate for the beat photographic
reproduction because of Illeglbilitp, carbon or_
photo copy,discolored paper,etc.Ali blackouts,
addltlons and changes were present at the 8me
thelnstrumentwas gledandrecorded. `_
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enoae�r �aca�1d1oam�s�u�uew�°��ute� u�i�t
THE STATE of TEXAS -
000MY OR HARRIS
Iadl EttYilal.sN®MiY MM+SµtaahE�Wdam
��q�[�d�m1'�Ofp®.Mh[titPtl[fYm�idMRap4df4w
FEB 19 2014
COUNTY CLERK
HARRIS COUNTY,TEXAS
l"
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: May 17,2015 GF.No. 1033006539
Commitment No.: Not Applicable issued: May 21,2015,8:00 a.m.
(if applicable)
1. The policy or policies to be Issued are:
(a) OWNER'S POLICY OF TITLE INSURANCE(Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNERS POLICY OF TITLE INSURANCE-
ONE-TO-FOUR FAMILY RESIDENCES(Form T-1 R)
Policy Amount:
PROPOSEDINSURED:
(c) LOAN POLICY OF TITLE INSURANCE(Form T-2)
Policy Amount:
PROPOSEDINSURED:
Proposed Borrower:
(d) TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE(Form T-
2R)
Policy Amount:
PROPOSEDINSURED;
Proposed Borrower:
(e) LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN(Farm T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER
Policy Amount:
PROPOSED INSURED:
2. The Interest in the land covered by this Commitment is:
Fee Simple
3. Record title to the land on the Effective Date appears to be vested In:
Ergon-Texas Pipeline,Inc.
4. Legal description of land:
5.6144 acres in the James F.Perry and Emily M Austin Survey,Abstract No.55,Harris
County,Texas and being part of Lot 69,Hoidale and Coffman Subdivision recorded In
Volume 3,Page 6 of the Harris County Map Records and being the same property
described In Deed dated August 17,1937,executed by John L.Jones,Jr.to Humble
Pipeline Company recorded in Volume 1057,Page 669 of the Deed Records of Harris
County,Texas.
Moto. The Company fs prohibited from insuring the area or quantity of the Land. Any
statement in the legal description contained in Schedule A as to area or quantity
of land is not a representation that such area or quantity is correct but is for
informal identification purposes and does not override item 2 of Schedule 9
hereof.
Fidelity National Title Insurance Company Form T-7 Commitment for Title insurance(Rev 0110172014)
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14550 Beamer Rd.
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City Friendswood e
910 South Fdendswo 7Drive Friendswood GIS Mapping
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(287)9963200
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City Friendswood
910 South Friendswood 546 Friendswood GIS Mapping
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EXHIBIT `B"
1. Application
2. Site Plan
3. Tank Elevation
4. Drainage Plan
Ord 2015-21
Exhibit B
CITY OF FRLENDSWOOD
SPECIFIC USE PERMIT APPLICATI
REQUESTE9�– DATE FILED:
FROM: DATE OF PUBLIC HEARING:
TO: FEE: $800.00
PROPERTY IDENTIFICATION: t l 0
StreeURoad Address:...
Lot: .stock•__ ,AddWom
LEGAL DESCRIPTION:
Describe from deed records,attach copy of Of deed,and Include a tee and Bounds desodp8on.
PLATTED LAND: �&I r q . - 9 f> (,e (v9 "..
L
UNPLATTED LAND(Must have certified metes and bounds description,including name and address
and telephone number of surveyor)
RECORDED OWNER
OWNER'S INFORMATION > 2foOA1 t&ME .
NAME:CkoC EMAIL ADDRESS:Cek�E.�'vt1E2NAA�lC (OeV,cowl
PHONE NUMBER.12P A( +W iv i-4Y51 -Z9t
MAILINGADDRES IIP3_9
CITY_,Sit+clCt3w swrz&= ,ZIP '3gZlS-- 1&'S`R
AGENT'S INFORMATION
NAME:f!9 Ta t-&A• EMAIL ADDRESS:Pf22kvE20A-
PHONENUMBERACI�1 9 I q9$ FA)W. 0 Q&
MAILING ADDRESS—9 fA 917 'J c1>
CITY. � 4r A)spro SrArE, ZIP
In authorizing an agent to represent the owner,the owner atteets that hIslher agent may make verbal or written
representations and/or declarations on the owner's behalf and the owner understands and soknowlWiles that the
City of FriondswoW shall rely upon the agent's representations In matters pertaining to the above described
property. The designation of an agent In this matter in no way absolves ON owner of any of the owners
responeibilllles outlined by the City of Fdendswood.
PETITION: As owner/agent,i hereby petition the City for approval t ve described request as
prov ad by the laws of the State of Texas and O the Chy of Fdendswood.
Signature . �, Signature: t ry,4 ( n i ' / ( ant}
FEE: DATE PAID: J �t7 RECEIPT NUMBER:_t
4!16/2009
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