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Ordinance No. 2016-31
(Title: An ordinance amending the zoning classification for 1100-1110 S. Friendswood Drive, being a tract or parcel containing 3.665 acres known as Lot 1, Block 1 of the Final Plat of Cowards Creek Office Park, situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Friendswood, Texas by repealing Ordinance Nos. 2001-05 and 2015-30, which ordinances, collectively, granted a zone classification change from Office Park District (OPD) to Planned Unit Development (PUD) and permitted various Specific Use Permits (SUPS), in order to rezone the subject Property to Downtown District (DD).) ORDINANCE NO. 2016-31 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 1100-1110 S. FRIENDSWOOD DRIVE, BEING A TRACT OR PARCEL CONTAINING 3.665 ACRES KNOWN AS LOT 1, BLOCK 1 OF THE FINAL PLAT OF COWARDS CREEK OFFICE PARK, SITUATED IN THE SARAH McKISSICK LEAGUE, ABSTRACT NUMBER 151, GALVESTON COUNTY, FRIENDSWOOD, TEXAS; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 2001-05 ADOPTED ON JANUARY 22, 2001, AND ORDINANCE NO. 2015-30 ADOPTED ON DECEMBER 7, 2015; AMENDING THE ZONING CLASSIFICATION FROM PLANNED UNIT DEVELOPMENT/SPECIFIC USE PERMIT (PUD/SUP) TO DOWNTOWN DISTRICT (DD), ALL AS MORE SPECIFICALLY PROVIDED HEREIN; ,PROVIDING FOR 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, Berkenrneier Properties, LLC, Sharp & Sharp, LLC and Friendswood Chamber of Commerce are the Owners of the property located at 1100-1110 S. Friendswood Drive, a collective 3.665 acre parcel known as Lot 1, Block 1 of the Final Plat of Cowards Creek Office Park, situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Friendswood, Texas, as also depicted in Ordinance 2001-05 and Ordinance No. 2015- 30 of the City records and Exhibit "A" which are incorporated herein by reference, (the "Property"); and WHEREAS, the Owners previously made application to the City to change the zoning classification of the Property from Planned Unit Development/Specific Use Permit (PUD/SUP) to Downtown District (DD), as depicted in Exhibit "A", attached hereto and incorporated by reference; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the City Code of Ordinances, a public hearing on such request, allowing all persons attending to be heard on the question of whether the changes of the uses being requested would affect the public health, safety, or general welfare of the citizens of Friendswood; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application, subject to any certain conditions made the subject of said recommendation; and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations, restrictions, exceptions and conditions; and WHEREAS, City Council has 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, City Code and all other applicable laws; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Ord 2016-31 2 Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and incorporated by reference, including the representations of Applicants, (as referenced in their Zone Change Applications), the final report from the Planning & Zoning Commission, and the minutes of City Council, which City Council is specifically relying upon in granting this zone change, as provided hereafter. Section 2. City of Friendswood, Texas, Ordinance No. 2001-05, adopted the 22nd day of January, 2001, and City of Friendswood, Texas, Ordinance No. 2015-30, adopted the 7`h day of December, 2015, are hereby repealed. Section 3. 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 Planned Unit Development/Specific Use Permit (PUD/SUP) to Downtown District (DD), but otherwise consistent and subject to the current Zoning Code, and related conditions contained therein. Section 4. The Zoning District 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 3 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 5. 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 6. 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 the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 7. Any person who shall willfully, intentionally, or with criminal negligence Ord 2016-31 3 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 11th day of July,2016. PASSED, APPROVED, and ADOPTED on second and final reading this lsr day of August,2016. Kevin M. o land Mayor ATTEST: Melinda Welsh, T City Secretary •.,yj�of-c��P�.: Ord 2016-31 4 Exhibit "A" to Ordinance No. 2016-31 Surveys and Maps of property located at 1100-1110 S. Friendswood Drive: 1. Applications 2. Special Warranty Deed with Vendor's Lien 3. Aerial Map 4. Location Map 5. Zoning Map 6. Ordinance 2001-05 7. Ordinance 2015-30 Ord 2016-31 5 City of Friendswood — Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone: 281-996-3201 Fax: 281-996-3260 F = f ww.ci.friendswood.tx.us :Floolvod of Frlondewood Zone Change Application 0 2016 b CURRENT ZONE OF PROPERTY: TYPE OF ZONE CHANGE (check one): (,Land Use Change to Zone: ❑ Specific Use Permit Option 1 ❑ Planned Unit Development Option 1 ❑ Specific Use Permit Option 2 ❑ Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: r ' .\ t 7} Address: ����Q��w l en 4� yp/� Gt V�• {{��,� Platted Land—Plat Name: rdS 0,&L Q �(f QZ Ee— Lot: Block: Unplatted Land—Attach a��certified metes and bounds description OWNER NAME: W /r7� �/��D/'I/� 1pilS�i/ Phone: 7/� 2OZ v Y7 Owner's Mailing Address: -5-3-z—ls: -5-3-z— Ivy r. jLAt,/ City: mr'e Awww/r State:7 X Zip: -77-�� Fax: Owner's Email Address: (/ty/1J 13C �11C J0/lo1�C /l�C, (�il?� AGENT'S NAME : I Phone: Agent's Mailing Address: City: State: Zip: Fax: Agent's Email Address: In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friondswood 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 the owner of any of the owners responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby qu t approval by the City Council on the above identified zone change. Owner's Signature Date: Agent's Signature: Date: Application Number: Received By: -,k LYILAVV it m) Received Date: _ Date of Public Hearing: Newspaper Notice: Property Owner Notices: Sign on Property: Revised 10-28-15 Page 1 of 2 City of Friendswood — Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone:281-996-3201 Fax: 281-996-3260 ww.ci.friendswood.tx.us Zone Change Application CURRENT ZONE OF PROPERTY: ELI TYPE OF ZONE CHANGE (check one): [,Land Use Change to Zone: -:DD ❑ Specific Use Permit Option 1 ❑ Planned Unit Development Option 1 ❑Specific Use Permit Option 2 ❑ Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: Platted Land-Plat Name: tUA Q 'Le Q( 'r— Lot: Block: Unplatted Land-Attach a certified metes and bounds description OWNERNAME: l`.�(1G44'1�kq 0C l'a4mPVrte_Phone: Owner's ailing Address: 0• �JO , I I City: 'W State: zip: 7 Fax: 181 #Xa �16' Owner's Email Address: C'AP-i'LC I=�I - L15CViC f�t��t lc� r _C O tit., AGENT'S NAME : Utlnok F Phone: Agent's Mailing Address: City: State: Zip: Fax: Agent's Email Address: In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood 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 the owner of any of the owner's responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at the time of submittal of the application, The undersigned hereby r quest approval by the City Council on the above Identified zone change. Owe s' t �t'�ture Agent's Signature.-i._. _____, __ Date: Application Number: Received By: Received Date: Date of Public Hearing: Newspaper Notice: Property Owner Notices: Sign on Property, Revised 10-28-15 Page 1 of 2 City of Friendswood — Community Development Ask 910 S. Friendswood Drive Friendswood, TX 77546 IV Phone,281-996-3201 Fax:281-996-3260 ww.c0riendswood.tcus Zone Change Application CURRENT ZONE OF PROPERTY: at TYPE OF ZONE CHANGE(check one): (,Land Use Change to Zone: -M— ❑ Specific Use Permit Option 1 E] Planned Unit Development Option 1 [] Specific Use Permit Option 2 © Planned Unit Development Option 2 SUP for Use(s)#: PROPERTY IDENTIFICATION: Address: Platted Land-Plat Name: Lot: Block: Unplatted Land-Attach a certified metes andf bounds description OWNER NAME: (VVO � / 8P- L)-C Phone: 07 Sri. 399. 29S(, Owner's Mailing Address`: Po b 144;L City: �IQ1En)t�S�yOd U State: zip:q�Zl Fax: Owner's Email Address: AGENT'S NAME : w Q �Prhorlme I .R- Phone: Agent's Mailing Address: City: State: Zip: Fax: Agent's Email Address: In authorizing an agent to represent the owner, the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Friendswood shall rely upon the agant's representations in matters pertaining to the above described property. The designation of an agent In this matter in no way absolves the owner of any of the owner's responsibilities outlined by the City of Friendswood. The owner must be the legal owner of record of the property at the time of submittal of the application. The undersigned hereby request approval by the city Council on bove Identified zone change. Owner's Signature I—A Date: Agent's Signature: Date: Application Number: Received By: Received Date: Date of Public Hearing: Newspaper Notice: Property Owner Notices: Sign on Property: Revised 10-29.15 Page f of 2 NOTICE OF CONFIDENTIALITY RIGHTS: II+YOU AREA 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, Special Warranty Deed with Vendor's Lien Date: 4",2015 Grantor: Cowards Creek Office Park,LTD,a Texas limited partnership(Tract 1)and Mark D.Smith and spouse,Debbie B.Smith(Tract 11) Grantor's Mailing Address: Cowards Creek Office Park,LTD and Mark D.Smith 16382 Havenpark Drive Houston TX 77059 Grantee: Berkenrrteier Properties LLC,a Texas limited liability company - Grantee's Mailing Address: Berkenmeier Properties LLC,a Texas limited liability company 532 Northview Friendswood,TX 77546 Consideration: Cash and a note of even date executed by Grantee and payable to the order of City Bank in the principal amount of NINE HUNDRED FORTY-FOUR THOUSAND AND 00/100 DOLLARS($944,000.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of City Bank and by a first-lien deed of trust of even date from Grantee to Kevin Bass,trustee, Property(including any improvements): SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee;validly existing restrictive covenants common to the platted subdivision in which the Property is located;standby fees,taxes,and assessments by any taxing authority for the year 2015 and subsequent years,and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership;validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located;any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or protrusions,or any overlapping of improvements; homestead or community property or survivorship rights,if any,of any spouse of Grantee;and any validly existing titles or rights asserted by anyone,including but not limited to persons,the public,corporations,governments,or other entities,to(a)tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams,lakes,bays,gulfs,or oceans,(b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government,(c)filled-in lands or artificial islands,(d)water rights,including riparian rights,or (e)the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area. RE0()Rl)EO AT THE REQUEST GF#2013696-45 OF FIRST Al'AERICAh TITLE Grantor,for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging,to have and to hold it to Grantee and Grantee's heirs,successors,and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through,or under Grantor but not otherwise,except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms,at which time this deed will become absolute. City Bank,at Grantee's request,has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first mad superior vendor's lien against and superior title to the Property are retained for the benefit of City Bank and are transferred to City Bank without recourse against Grantor. When the context requires,singular nouns and pronouns incl a the plural. a &Smith Debbie B Cowards Creek Office Park,LTD,a Texas limited partnership,acting by and through its general partner,Cowards Creek Off, rk General Partner Inc., Mark Smith,President STATE OF TEXAS ) COUNTY OF ftgaj 5 ) This instrument was acknowledged before me on,,JP�J ,2015,by Mark D.Smith and Debbie B.Smith. "1111 MM et7UPfNBI4'11 Notary Public,State of Texas EMIN My commission expires: Notary Pobilc,Stara of Texas My Commission C,mires July 30,2015 GF#2013696-45 STATE.OF TEXAS ) COUNTY OP " ) This instrument was acknowledged before me on 2015,by Mark Smith,President of Cowards Creek Office Park General P ner Inc.;general partner,on behalf of Cowards Creek Office Park,LTD,a Texas li hed partner ( J =COR'1121.01,1111p"T"',U.FN NOtary PUbIiC,State Of TCXas of Tezas xpires No commission expires:So v so 2015 AFTER RECORDING RETURN TO: Berkenmeier Properties LLC, 532 Northview Friendswood,TX 77546 GF#2013696-45 EXHIBIT'A' File No.: 2013696-HO45(KA) Property: 1110,1102,1104 South Friendswood,Drive,Friendswood,TX 77546 Being a tract or parcel containing 3.665 acres(159,666 square feet)of land situated in the Sarah McKissick League,Abstract Number 151,Galveston County,Texas;being out of and a part of a called 4.733 acre tract of land conveyed to Cowards Creek Office Park,Ltd.as described in deed recorded under Galveston County Clerk's File(G.C.C.F.)Number 9805077; being out of and a part of Lot 1, Block 1,COWARDS CREEK OFFICE PARK,a subdivision plat of record at Plat Record 18,Map Number 798 of the Galveston County Map Records (G.C.M.R.);being all of a called 2,313.73 square foot tract of land conveyed to Mark D.Smith as described in deed recorded under G.C.C.F.Number 2000004338;said 3.665 acre tract being more particularly described as follows(Bearings are oriented to the bearing base reflected on Texas Department of Transportation right-of-way maps of FM 518,Federal Road Division Number 6,Control Number 976,Section Number 3,last revised February 1992): COMMENCING at a 3/4-inch iron pipe found in the centerline of Shadwell Lane(60 feet wide) and marking the common corner of Lots 13 and 14,Block 5 and Lots 1 and 2.Block 6, FRIENDSWOOD SUBDIVISION,a subdivision plat of record at Plat Record 254,Map Number 37,G.C.M.R.;said iron pipe also for the Commencing Point of a called 5.661 acre tract of land conveyed to John Westmoreland Wofford,et ux as described in deed recorded in Volume 2249, Page 736,Galveston County Deed Records(G.C.D.R.)and for the most northerly comer of that certain tract of land conveyed to the City of Friendswood as described in deed recorded under G.C.C.F.Number 9111458; THENCE,South 47°39'25"East,at 29.89 feet passing the monumented southeasterly right- of-way (R.O.W.)line of said Shadwell Lane and the most westerly corner of Lot 1,Block 1, AMENDING PLAT OF WINDING HOLLOW,a subdivision plat of record at Plat Record 18,Map Number 1062,G.C.M.R.,from which a 1/2-inch iron rod found for reference bears North 41°40'30"East,0.32 feet,continuing in all for a total distance of 179.89 feet to a 1/2-inch iron rod found marking the most southerly common corner of said Lot 1,Block 1, COWARDS CREEK OFFICE PARK and Lot 1,Block 1,AMENDING PLAT OF WINDING HOLLOW,a subdivision plat of record at Plat Record 18,Map Number 1062,G.C.M.R.;said iron rod also for the most westerly corner and POINT OF BEGINNING of the herein described tract; THENCE, North 41°40'30"East,along the southeast line of Lot 1,Block 1,AMENDING PLAT OF WINDING HOLLOW,a distance of 256.52 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE-RPLS 5489"set marking the southerly end of a cutback line and for an angle point of the herein described tract; THENCE,North 13°30'47"West,along said cutback line,a distance of 60.10 feet to an"X" cut in concrete set marking the northerly end of said cutback line; THENCE,North 47°41'52"West,continuing along the common line(s)of said Lot 1,Block 1, AMENDING PLAT OF WINDING HOLLOW and Lot 1,Block 1,COWARDS CREEK OFFICE PARK,a distance of 100.65 feet to a 5/8-inch iron rod with plastic cap stamped"GEOSURV" found on the southeasterly R.O.W.line of Shadwell Lane and for the most northerly corner of said Lot 1,Block 1,AMENDING PLAT OF WINDING HOLLOW;said iron rod for the most northerly northwest corner of the herein described tract; THENCE,North 41040'30"East,along said southeasterly R.O.W.line of Shadwell Lane,a distance of 248.34 feet to a 518-inch iron rod with plastic cap stamped"BOUNDARY ONE- RPLS 5489"set on the curved westerly R.O.W.line of F.M.518(R.O.W.Width Varies)and marking the most northerly corner of the herein described tract; THENCE,Southeasterly,an arc distance of 227.90 feet along said westerly R.O.W.line and curve to the right,having a radius of 904.93 feet,a central angle of 14025'46",and a chord which bears South 18028'45"East,227.30 feet to a 5/8-inch iron rod with plastic cap stamped 2013696-HNS I of 2 File No.: 2013696-HO45(KA) First American Title Company Date: April 27,2015 "BOUNDARY ONE"set marking a point of tangency; THENCE,South 11-15'52"East,continuing along said westerly R.O.W.line,a distance of 539.67 feet to a 1-inch punch mark in concrete found marking an angle point; THENCE,South 78-44'08"West,continuing along said westerly R.O.W.line,a distance of 10.00 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; THENCE,South 11 015152"East,continuing along said westerly R.O.W.line,a distance of 74.20 feet to a point falling within a sanitary manhole and for the most southerly corner of the herein described tract; THENCE,departing said westerly R.O.W,line and along the common line of the aforesaid Lot 1, Block 1 and a called 1.122 acre Galveston County Consolidated Drainage District(G.C.C.D.D.) R.O.W.dedication as conveyed by said COWARDS CREEK OFFICE PARK,the following courses and distances: North 54 009'10"West,a distance of 120.20 feet(called 144.00 feet)to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE'set marking an angle point; North 57°39'10"West,a distance of 167.00 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point, South 32°20'50"West,a distance of 36.00 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 57°39'10"West,a distance of 42.00 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 32 019'10"West,a distance of 74.20 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 54°05'43"West,a distance of 45.40 feet to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set on an easterly line of the aforesaid tract conveyed to the City of Friendswood as described by deed recorded under G.C.C.F.Number 9111458 and for the most northerly corner of said called 1.122 acre G.C.C.D.D.R.O.W.; THENCE,North 15"56'39"East,along said easterly line,a distance of 17.18 feet to a 1-inch Iron pipe found marking the most easterly corner of said City of Friendswood tract and for an angle point of the herein described tract; THENCE,North 47°39'25"West,along the most northerly line of said City of Friendswood tract,a distance of 87.08 feet to the POINT OF BEGINNING and containing a gross acreage of 3.803 acres(165,653 square feet)of land; SAVE AND EXCEPT a called 3,000 square foot tract of land(Tract.I-Suite"A")and a called 1,487.42 square foot tract of land(Tract II-Paved Stone Patio)conveyed to the Friendswood Chamber of Commerce as described in deed recorded under G.C.C.F.Number 2003048880; SAVE AND EXCEPT a called 1,500 square foot tract of land(Suite"B'j conveyed to Michael Sharp and Patrice S.sharp as described in deed recorded under G.C.C.F.Number 2003061392; For a net acreage of 3.665 acres(159,666 square feet)of land.This description is based on the Land Title Survey of 3.665 Acres prepared by Boundary One,L.L.C.,dated March 20, 2015.Project Number 6767.1207-657E. A.P.N. 2013696-H095 2 of 2 - 910I ,•',"' �ee��e ,``/�' �1 0� • - r 110 ,'�po��cJY��lsl o- i�� Wnuata I �. n A. f S �dW �`�,'�R•. '� - .1 F ,1 1111 �@ �?���� . %�r9< s VIII/P10/11000 r9° Subject Property: � : ��!' t' ' <• os - 1100 - 1110s oa Friendswood Dr. 1104 : y 1 220 r�./'�4�•! '� a1 � '. `�_..�� 1 F0�4',. t- �� OV 1106 - recently N F built i� e x3.1110 ,g •SY ` ri S � R1� mil'( �. Legend Lot Lines �iO'N ok "' 7!<fa ;` A �` -- Creeks T_"ICity Limits .� '---,Counties v ' i_ City Owned O/tl Cify Park Oisdalmec This produclll/olocalimof,slpurposesandmay not hive Leonn.aparn soror beonnsgsfor legs{ odently vaoorsurlonunpurposes.Iedoesnotrepresentenity o rienddsurveyend represents mly Ihp eppmxnnafe relative locationof oyofyhlvpoodoct Gov,C. ono,f10?.Tbanh,p encouragedb,dependentlyverllydudASIafion THALL F in this product.The City of Fdendswood makes no representation or merrenly as to Ibc accuracy o/Ihispmducf or fo ifs lilnoss!or a particularpvrpose.The user.(1)axapfs the product AS IS,WITNALL FAULTS;(Y)assumes ell responsibildy(orfhe use fhareo/ and 3)releases the Ci o/Friendsnood from an damage,loss,orllebilily arising hom such use. City Friendswood e 970 South Friendswood Drive Friendswood GIS Friendswood,Texas 77546 Mapping (281)996-3200 w vci.friendswood.tx.us 1 ��= 194 ooQ• �� Q- s� s ao .s oFOq�� e�,P Q• °000�\ °000 Avg\ 1�4 �5 �rG �gQR R4�a O s� spa N GQ\C\�� grPd Subject Property: 1100-1110 S. Friendswood \ Dr. I Old�j rk/ h. ° P�� tioyo Legend Lot Lines Creeks t:SCity Limits Counties °°oa Ell City Owned R Oisdeimec This product k for informational purposes and may not have been prepared for or be ane.ble far legal,engineering,or sunmying purposes.It do as not represent an an-the-ground survey and represents only tha approximate relalive location or property boumlarles.Gov.C.§2501.102.The near is encouraged to Indepandently vonfy ell infonnaean co kilned In this producl.The City of Fnendsv sod makes no representation or wanamy as to the accurecy of thlsproduct or to Re fitness fora particularpvrpose.The user(1)accepts the product AS IS,WITHALL FAULTS;(2)assumes all responsibildy for the use thereof and 3 releasesthe City of Friendswood/roman dama e.loss,orIfabild arfsrglromsdch use. City Friendswood 910 Sout Friendsmod Drive FrIends wood,Texas 77546 (281)986-3200 Friendswood GIS Mapping e wfovdidendswood.bLus 1 "=389 ' 2 910 110 r a e qP OPn 1 cSC ,..�, r ; w 1101 ..�; CSC r e, 108 ai'.. . . ..: ..:: ...• .. . :.` . .. `iis .f.rA .. . . . .. .. . ... : . . . . . \. .: ._...:. Sri, I' Stevenson Park - '' . . CHEIRCH .i'A. .. :_ .:!ii. \ .. . 104 \? v •.., .... `�y �V J \� N • y ° N 2005 3 105 Q�Q\� 5!-'P rypP ruo' �y N 20............1 Subject Property: : 'g. . ..' 1100 - 1110 S. . . ... 220.: Friendswood Dr. .... .... .................... ................ -- N N a'l.......:::: . to T / \ O \\ T O ,A 0 Legend Z. o � — Lot Lines 0 `; -- Creeks E?City Limits 1102 _1 Counties F;A1 City Owned 1108 1 Special Uses 01d City Park Dsdaime,This product le/orinfor ber.l purposes aM may not have been prepared/or orbe sullabbforlegal,englneedng,orsurmih,purposes.It does net represenl an on-the-gmuntl surveyand,.pr..orts .nly(he appmximele releMe looelien ofpmpedy boundaries.Gov.C.§2501.102.The user is encouraged(o independently veri/yallln/...ban conlalned in this pmdorL The City of Fdeaw.rd makes no repmsanlati.a o,wa sahly as to the accuracy of this predud or to its News lora parlfaular purpose.The use,(1)accepts the product AS IS,WITH ALL FAULTS;(2)assumes all responsibility for the use termer,, and 3)mle.ses the City of Fri.ndswa ri from my damn .loss,or lialnYty adsfn_ from such use. q_,:-;.; City South Friendswood e /"�<%'P.;1,3� 910 South Friendswood Orlve Fiien(281)9,Texas 77546 Friendswood GIS Mapping (281)996-3200 - w ..clldendswood.lx.us 1 a_ 184 r ORDINANCE NO. 2001-05 AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, AND BITING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN PARCEL OF LAND FROM OFFICE PARK DISTRICT (OPD) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD); GRANTING A SPECIFIC USE PERMIT (SUP) FOR CERTAIN COMMERICAL USES; SAID PROPERTY BEING LOCATED AT 1100 S. FRIENDSWOOD DRIVE, LOT 1, BLOCK I OF COWARDS CREEK OFFICE PARK; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF, WHEREAS, Cowards Creek Office Park, L.L.P. is the owner of a certain parcel of land presently zoned Office Park District (OPD) pursuant to the City's Zoning Ordinance, as amended; and WHEREAS, the owner has made two applications to the City, the first to change the zoning classification of said parcel, same being more particularly described herein, from Office Park District (OPD) to Planned Unit Development District (PUD), and the second to consider an. application for a Specific Use Permit to allow certain commercial uses on the parcel; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the Zoning Ordinance of the City, a public hearing on such request, and at such hearing all persons attending were allowed to be heard on the question of whether or not the zoning change and use of the property, as requested, would affect the public health, safety, morale, convenience, or general welfare of the citizens of Friendswood; and Cowards Creek/PUD 1122101 Page 1 WHEREAS, the Planning and Zoning Commission has considered and recommended in favor of both applications, and the City Council now deems it appropriate to grant such requests and determined that such change in zoning and SUP are not detrimental to the community and is in conformance with the Comprehensive Master Plan of the City; 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 zoning classification of the property municipally known as 1100 S. Friendswood Drive and being further described as, Lot 1, Block 1 of Cowards Creek Office Park, is hereby changed flout Office Park District (OPD) to Planned Unit Development District (PUD), subject to the regulations, restrictions, and conditions hereinafter set forth. The zoning classification of such property is further changed by granting a Specific Use Permit (SUP) to allow the use of such described property as follows: 1. Photographic studios portraits 2. Advertising agencies 3. Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies 4. Mailing,reproduction commercial art and photography, and stenographic set-vices 5. Watch,clock and jewelry repair G. Offices of physicians 7. Offices of dentists 8. Offices of osteopathic physicians Cowards Creek/P11D 1/22/01 Page 2 9. Offices of other health practitioners 10. Nursing and personal 11. Medical and dental laboratories 12. Outpatient care facilities 13. Health and allied set-vices, not elsewhere classified 14. Correspondence schools and vocational schools 15. Research,development and testing services 16. Management &Public Relations set-vices 17. Justice, Public Order,and Safety 18. Public finance, taxation and monetary policy 19. Administration of human resource programs 20. Administration of environmental quality and housing programs 21; Administration of economic programs All such facilities and related improvements shall be constructed on the site, in accordance with the site development plan presented to Commission and Council at the public hearing of November 6, 2000, which plan is on file with the City's Community Development Department. Section 3. The Zoning District Map of the City of Friendswood shall be revised and amended to show the designation of 1100 S. Friendswood Drive, Lot 1, Block I of Cowards Creek Office Park, as a Planned Unit Development District (PUD), and the issuance of a Specific Use Permit (SUP)-Mixed Commercial, with the appropriate references thereon to the number and effective date of this Ordinance and a brief description of the nature of the change. Cowards Creek/PUD 1/22/01 Page 3 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 1100 S. Friendswood Drive, Lot 1, Block 1 of Cowards Creek Office Park, to Planned Unit Development District(PUD) as described above. Section S. 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 any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friondswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. PASSED AND APPROVED on first reading this 8th day of January 2001. PASSED, APPROVED, and ADOPTED on second and final reading this 22nd day of January ,2001. igtg Mayor ATTEST: '04 s D loris cKenzie,TRMC City Secretary MOTION: COUNCILMEMBER MEL MEASELES Cowards C[eek/PUD 2ND: 1. JERRY ERICSSON owar1 APPROVED: 5-0 (Larry Taylor-Out) Page 4 < < GX1li olT "A" kttt'i'li2,AHiLfIRUtlU�.l1LP9'IOH c��a_���..a4AF.� �'�r ,o Yt . -146'T6S.AND,BOUNDS FOR A CERTAIN 4.733 ACRE TRACT OUT OF AND A PARS I% OF THE FRIENUSWOQU SUBDIVISION As DELINEATED ON HAP OR PLAT to -R£CORDRD IN VOLUME,. 230, PAOL' 14 OF THE GALVESTON COUNTY CLERK 4 iR CORDS AND BEING ALL OF WOFFORD ADDITION S6Cq'IQN 1 AS DELINEATED p' Q 'IP OR PLAT RECORDED IN VOLUME 19, PAGE 221 OF THE HAP RECORDS Or0ALUE9TON COUNTY, TEXAS IN SARAH MCKISSICE SURVEY, Ab$TRACT 181 1 IN THE CITY OF FRIQNDSWOCD GALVESTON COUNTY, 'TEXAS SAID 4.733 ACRE 0 TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BQIINDS AS , FOLLOWS TO-WIT: NEGINNING at a 1/2 inch Iron rod found marking the North apex - dornei)-of the herein described tract at the intersection of the southeast right-of-way line of Shadwell Lane and the Westerly hotindary of PH Highway, 51,9 in Lite City of Friendswood, also marking the; North corner of Lot" I of said Wofford Addition section I as pei;lnaated on map or plot recordod in Volume 16, Page 221 of the Hap',Raeprda of Galvopton Countyp na at -THENCE in a Southerly direction Wth a curve to the right a$ hovidg"a radius of 905,10 ft, slid arc length of 9-40,1 y ft, and a ",,Tirol. angle of l3 degrees Sb`•minutes lip seconds to a 1/2 inch iron rod faun at the PT of said ourvat (Gi1e1t9atfa,tvy !TRENCH South Oa degrees 17 minutes 40 seconds East continuing with the West right-of-way line of said PM Highway 518 a distance ' o 492.25 ft. to 1/2 Inch iron rod at angle point; THENCE south al degrees 42 minutes 13 seconds West a distance of lo.00 ft. to a 1/2 inch iron rod at angle polntl THRMCE South OD degrees 17 minutes 40 seconds East continuing With the West right-of-way line of PH Highway 510 a distance of W6 49 ft. to a point in the Northeasterly line of Cowards Creek and the Southern most corner of the herein described tract: THENCE with the meanders of the Northeast iKtundary line or aaid 'Creek as follows: l North 44 degrees 53 minutes 51 seconds Weat-1e2.42 ft. , South ,45.4egiess 00 minutes 00 seconds West-14,34 ft. , North 56 degrees ;a ,m ti otes. 00 seconds Weet-50.10 ft. , south 00 degrees 32 minutes ,U0 OIRq'onom West-131.,Qo it , and. i?orth 29 degrees 37 minutes 00 Rdoepds,W4uy-Xao,pO to a point marking tiles Southerly corner of City t ir*gndetlood property " THENCE North 16 degrees 43 minutes 54 seconds East-77.51 ft. r Gt? an.angle poliltr . THENCE North 44 degrees 57 minutes 09 seconds Weet-07, 1 tr fe., to aM angle pointy 'i'ENCE North 44 degrees 20 minutes 40 seconds East- with the ",' .n ,30141:higstp[ly line of Winding Hollow Subdivision as delineated on �i 0 tRA qr plat recorded In Volume 15, Page 121 of the Galveston County Y. Has gedgrds a distance of 256.38 ft. to a point at the most �outhirasterly corner of said Winding Hollow Subdivisions # r -THENCE North 10 degrees 53 minutes 41 seconds West a distance of' 59.�7 ft. tb a O/8 inch iron rod at an angle pulntt ''THENCE North 44 degrees 59 minutes 19 seconds West a distance of 100.66 ft. to the North corner of said winding Hollow -Subpi;yision slid the West corner of said Wofford Addition Section 1 «, Ili the Southeast right-of°way line of Shadwall Lane; (� THENCE North 44 degrees 27 minutes 19 seconds East with the Sbgtheost right-of-way line of said Shadwall Lane a distance of 252«46 ft. to 'Lite PLACE of BEGINNING and containing 4.733 acres of U land. t (Title: An ordinance amending the zoning classification for 1100-1110 S. Friendswood Drive, being a tract or parcel containing 3.665 acres known as Lot 1, Block 1 of tine Final Plat of Cowards Creek Office Park, situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Friendswood, Texas by granting an amendment to Ordinance No. 2001-05, granting a zone classification change from Office Park District (OPD) to Planned Unit Development (PUD) and permitting Specific Use Permit (SUP), by adding NAICS Use 08121 "Personal Care Services," NAICS Use#8129 "Other Personal Services," and NAICS Use 118139 "Business, Professional, Labor, Political, and Similar Organizations," assigning NAICS Use numbers to the uses allowed pursuant to Ordinance No. 2001-05, but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance No. 2001-05, establishing the Planned Unit Development (PUD) for the use of the subject Property.) ORDINANCE NO,2015-30 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY AMENDING THE ZONING CLASSIFICATION FOR 1100-1110 S. FRIENDSWOOD DRIVE, BEING A TRACT Olt PARCEL CONTAINING 3.665 ACRES KNOWN AS LOT 1, BLOCK 1 OF THE FINAL PLAT OF COWARDS CREED OFFICE PARK, SITUATED IN THE SARAH McKISSICK LEAGUE, ABSTRACT NUMBER 151, GALVESTON COUNTY, FRIENDSWOOD, TEXAS; PROVIDING FOR THE GRANTING OF AN AMENDMENT TO THE SPECIFIC USE PERMIT (SUP) APPROVED BY ORDINANCE NO. 2001-05 ON JANUARY 22, 2001, TO ADD NEW ADDITIONAL PERMITTED USES OF THE PROPERTY FOR NAICS USE #8121 "PERSONAL CARE SERVICES," NAICS USE #8129 "OTIIER PERSONAL SERVICES," AND NAICS USE #8139 "BUSINESS, PROFESSIONAL, LABOR, POLITICAL, AND SIMILAR ORGANIZATIONS," ASSIGNING NAICS USE NUMBERS TO USES PERMITTED UNDER ORDINANCE NO. 2001-05, BUT OTHERWISE SUBJECT TO THE PRIOR REGULATIONS, RESTRICTIONS, AND CONDITIONS OF ORDINANCE NO, 200J- 05, ESTABLISIIING THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE USE OF THE SUBJECT PROPERTY; PROVIDING FOR 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, Berketiineier Properties, LLC is the Owner of 1100-1110 S. Friendswood Drive, a 3.665 acre parcel known as Lot 1, Bloch 1 of the Final flat of Cowards Creek Office Park, situated in the Sarah McKissick League, Abstract Number 151, Galveston County, Friendswood,Texas,as also depicted in Ordinance 2001-05 of the City records and Exhibit"A" which are incorporated herein by reference, (the"Property"); and WHEREAS, the Owner previously made application to the City to change the zoning classification of the Property,to permit new classifications and related additional uses to include NAILS use# 8121 "Personal Care Services,"NAICS use#8129"Other Personal Services,"and NAICS use #8139 `Business, Professional, Labor, Political, and Similar Organizations," as depicted in Exhibit"B", attached berem and incorporated by reference; and WHEREAS, the Planning and Zoning Commission and the City Council have conducted, in the time and manner required by law and the City Code of Ordinances, a public hearing on such request, allowing all persons attending to be heard on the question of whether the ebanges of the uses being requested would affect the public health, safety, or general welfare of the citizens of Priendswood; and WHEREAS, the Planning and Zoning Commission has filed its written report with City Council, which recommends approval of the application, subject to any certain conditions made the subject of said recommendation;and WHEREAS, the City Council deems it appropriate to grant such request, subject to applicable regulations,restrictions,exceptions and conditions;and WHEREAS, City Council has 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, 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. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and incorporated by reference, including the representations of Applicant, (as referenced in its application for SUP), the final report from the Planning & Zoning Commission,and the minutes of City Council,which City Council is specifically relying upon in granting this SUP,as provided hereafter. Section 2. City of Friendswood, Texas, Ordinance No. 2001-05,adopted the 22"d day of January, 2001, is amended to permit new use classifications and related additional uses of the Property, 1100-1110 S. Friendswood Drive, a 3.665 acre parcel known as Lot 1, Block 1 of the Final Plat of Cowards Creek Office Park, situated in the Sarah McKissick League; Abstract Number 151, Galveston County,Friendswood,Texas, as also depicted in Ordinance 2001-05 of the City records which is incorporated herein by reference,by hereby granting another Specific Use Permit (SUP) amendment to the Property (situated in a PUD pursuant to Ordinance 2001- 05) to permit NAICS use # 8121 "Personal Care Services,"NAICS use #8129 "Other Personal Services," and NAICS use #8139 "Business, Professional, Labor, Political, and Similar Organizations," as depicted in Exhibit "B," but otherwise expressly subject to the prior regulations,restrictions,and conditions of Ordinance 2001-05,establishing a PUD for the use of the subject Property;not in conflict with the terms of this Ordinance. Section 3. City of Friendswood, Texas, Ordinance No. 2001-05 is further amended in order to assign NAICS use classification numbers to the uses permitted by virtue of the adoption of such ordinance,more specifically provided as follows; NAICS use#541 —Photographic Studios Portraits NAILS use#541 —Advertising Agencies NAICS use #561 — Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies NAICS use 4561 — Mailing, reproduction commercial art and photography, and stenographic services NAICS rise#8114—Watch,clock and jewelry repair NAICS use#621 Offices of Physicians NAICS use#621 Offices of Dentists NAICS use#621 —Offices of osteopathic physicians NAICS use#621 —Offices of other health practitioners NAICS use#621—Nursing and personal care services NAICS use#621 —Medical and dental laboratories NAILS use#621 —Outpatient care facilities NAILS use#6115-Correspondence schools and vocational schools NAICS use#54--Research,development and testing services NAICS use#541 —Management&Public Relations services NAICS use#922—Justice,Public Order, and Safety NAICS use#926—Public finance,taxation and monetary policy NAICS use#923 —Administration of human resource programs NAICS use#924,925--Administration of environmental quality and housing programs NAICS use#925—Administration of economic programs Section 4. The Zoning District 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 5. 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 amendments permitted herein of said Property as described in Section 2 hereof and the assignment of NAICS use classification niunbers as described hi Section 3 hereof Section 6. Iu 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 the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 7. 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 tined in an amount not to exceed $2,000.00. Each Clay of violation shall constitute a separate offense. PASSED AND APPRO'V'ED on first reading this 2"0 day of November,2015. PASSED, APPROVED, and ADOPTED on second and final reading this 71° day of Deeember,2015. Kevin M. fl olla d Mayor ATTEST: 9.0,loagyygyt . �fip) FF tls��yq' Melinda Welsh,TRMC y ;p City Secretary N , °• 7� .........•... 8 Exhibit"A" to Ordinance No.2015-30 Surveys and Maps of property located at 1100-1110 S. Friendswood Drive: 1. Deed and Legal Description 2. Aerial Map 3. Location Map 4. Zoning Map NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE, A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INI,QRMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN TIIE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. "11*Spacial Warranty Deed with Vendor's Lion Date; ,2015 Grantor: Cowards Creek Office Park,LTD,a Texas limited partnership(Tract 1)and Mark D.Smith and spouse,Debbie B.Smith(Tract 11) Grantor's Mailing Address; Cowards Creek Office Park,LTD and Mark D.Smith 16382 Havenpark Drive Houston TX 77059 Grantee; Berkenmeior Properties LLC,a Texas limited liability company Grantee's Mailing Address; Berkenmeior Properties LLC,a Texas limited liability company 532 Northviow Friendswood,'FX 77546 Consideration: Cash and a note of even date executed by Grantee and payable to the order of City Bank in the principal amount of NINE HUNDRED FORTY-FOUR THOUSAND AND 001100 DOLLARS($944,000.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of City Bank and by a first-lion deed of trust of even date from Grantee to Kevin Bass,trustee. Property(including arty improvements): SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. Reservations from Conveyance: None Exceptions to Convoymrce and Warranty: Lions described as part of the Consideration and any other liens described in this deed as Wing either assumed by Grantee or subject to which title is taken by Grantee;validly existing restrictive covenants common to the platted subdivision in which the Property is located;.standby fees,taxes,and assessments by any taxing authority for the year 2015 and subsequent years,and subsequent taxes and assessments by any taxing authority for prior years due to change in load usage or ownership;validly existing utility easemmrts created by the dedication deed or plat of the subdivision in which the Property is located;any discrepancies,conflicts,or shortages in area or boundary lines,or any encroachments or protrusions,orbny overlapping of improvements; homestead or community property or survivorship rights,if mry,of any spouse of Grantee;and any validly existing titles or rights asserted by anyone,including but not limited to persons,the public,corporations,govermaeats,or other entities,to(a)tidelands or lands comprising the shores or beds of navigable%perennial rivers and streams,lakes,bays,gulfs,or oceans,(b) lands beyond the line of the harbor or bulkhead lines as established or changed by any government,(c)filled4n lands or ardflciai islands,(d)water rtghis,including riparian rights,or (e)the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or casement along and across that area. TN TES7 GPlI 2013696.45 Or FIIRS AERICAIL Grantor,for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging,to have and to hold it to Grantee and Grantee's heirs,successors,and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors,and assigns against every person whomsoever lawfally claiming or to claim the same or any part thereof when the claim is by, through,or under Grantor but not otherwise,except as to fire Reservations from Conveyance and the Exceptions to Conveyance and Warranty. The vendor's lint against and superior title to the Properly are retained until each note described is fully paid according to its terms,at which time this deed will become absolute. City Batik,at Grantee's request,has paid in cash to Grunter that portion of the purchase price ofthe Property that is evidenced bythe note. 'fhe first and superior vendor's lien against and superior title to the Property are retained for the benefit of City Bank and are transferred to City Batik without recourse against Grantor. When the context requires,singular nouns and pronouns fuel a the plural. Dr Smi r Debbie B.Srnilh Cowards Creek Mae Park,LTD,a Texas limited partnership,acting by and through its general partner,Cowards Creek O rk General Partner file" Mark Smith,Presideu[ STATE OF TEXAS ) COUNTY OF S ) This instrument was acknowledged before me o • .l�- .d 7 ,2015,by Mink D.Smith and Debbie B.Smith, y g44kN NOlary Public,Stafeo exas zteor resins My commission expires: ` n Expires 2016 UFO 2013696-45 STATE.OF TEXAS } COUNTY OFJ �_) ) f'�. This Instrument was acknowledged before me on,., , �, ✓71 2015,b Murk Smith,President of Cowards Creek Office Park General Pa nor IaH e„general partner,on behalf of Cowards Creek Office Park,I;1'D,a Texasdi to partner t.�y�a kAil£CCURiNEY ALIEN Notary ublio,State of Texas e'.°� i i tai�g Nowrycemmioloo Expires as My commission expires: emvso,2 ms AFTER RECORDING RE'T'URN TO: 13e1kcruneier Properties LLC, 532 Northview, Friendswood,TX 77546 OF/t 2013696-45 EXHIBIT'A' File No.: 2013696-HO45(KA) Property: 1110,1102,1104 South Friendswood,Drive,Friendswood,TX 77546 Being a tmct or parcel containing 3.665 acres(159,666 square feet)of land situated in the Sarah McKissick League,Abstract Number 151,Galveston County,Texas,being out of and a part of a called 4.733 acre tract of land conveyed to Cowards Creek Office Park,Ltd.as described In deed recorded under Galveston County Clerk's File(G.C.C.F.)Number 9805077; being out of and a part of Lot 1,Block 1,COWARDS CREEK OFFICE PARK,a subdivision plat of record at Plat Record 18,Map Number 798 of the Galveston County Map Records (G,C.M.R.);tieing all of a called 21313.73 square foot tract of land conveyed to Mark D.Smith as described In deed recorded under G.C,C.F.Number 2000004338;said 3.665 acre tract being more particularly described as follows(Bearings are oriented to the bearing base reflected on Texas Department of Transportation right-of-way maps of FM 518,Federal Road Division Number 6,Control Number 976,Section Number 3,last revised February 1992): COMMENCING at a 3/4-Inch Iron pipe found in the centerline of Shadwell Lane(60 feet wide) and marking the common corner of Lots 13 and 14,Block 5 and Lots 1 and 2,Block 6, FRIENDSWOOD SUBDIVISION,a subdivision plat of record at Plat Record 254,Map Number 37,G.C.M.R.;said iron pipe also for the Commencing Point of a called 5,661 acre tract of land conveyed to 3ohn Westmoreland Wofford,et ux as described in deed recorded In Volume 2249, Page 736,Galveston County Deed Records(G.C.D.R.)and for the most northerly corner of that certain tract of land conveyed to the City of Priendswood as described in dead recorded under G,C.C.F.Number 9111458, THENCE,South 47°39'25"East,at 29.89 feet passing the monumented southeasterly right- of-way (R.O.W.)line of said Shadwell Lane and the most westerly corner of Lot 1,Block 1, AMENDING PLAT OF WINDING HOLLOW,a subdivision plat of record at Plat Record 18,Map Number 1062,G.C.M.R.,from which a 1/2-Inch Iron rod found for reference bears North 41 040'30"East,0,32 feet,continuing in all for a total distance of 179.89 feet to a 1/2-inch Iran rod found marking the most southerly common corner of said Lot 1,Block 1, COWARDS CREEK OFFICE PARK and Lot 1,Block It AMENDING PLAT OF WINDING HOLLOW,a subdivision plat of record at Plat Record 18,Map Number 1062,G.C.M.R.;said iron rod also for the most westerly comer and POINT OF BEGINNING of the herein described tract; THENCE,North 41°40'30"East,along the southeast line of Lot 1,Block 1,AMENDING PLAT OF WINDING HOLLOW,a distance of 256.52 feet to a 6/8-inch Iron rod with plastic cap stamped"BOUNDARY ONE-RPLS 5489"set marking the southerly end of a cutback line and for an angle point of the herein described tract; THENCE,North 13°30'47"West,along said cutback line,a distance of 60.10 feet to an"X" cut in concrete set marking the northerly end of said cutback line; THENCE,North 47°41'52"West,continuing along the common line(s)of said Lot 1,Block 1, AMENDING PLAT OF WINDING HOLLOW and Lot 1,Block 1,COWARDS CREEK OFFICE PARK,a distance of 100.65 feetto a 5/8-inch Iron rod with plastic cop stamped"GEOSURV" found on the southeasterly R,O.W.line of Shadwell Lane and for tire most northerly corner of said Lot 1,Block 1,AMENDING PLAT OF WINDING HOLLOW;said Iron rod for the most northerly northwest corner of the herein described tract) THENCE,North 41 040'30"East,along said southeasterly R.O.W.line of Shadwell Lane,a distance of 248.34 feet to a 5/8-Inch Iron rod with plastic cap stamped"BOUNDARY ONE- RPLS 5489"set on the curved westerly R.O.W.line or F.M.518(R.O.W.Width Varies)and marking the most northerly corner of the herein described tract; THENCE,Southeasterly,an arc distance of 227.90 feet along said westerly R.O.W.line and curve to the right,having a radius of 904.93 feet,a central angle of 14026146']and a chord which bears South 18°2845"East,227.30 feet to a 5/8-Inch Iron rod with plastic cap stamped 2D13696 H015 1 art First American Title Company File No.: 2013096-HO45(KA) Date: April 27,2015 "BOUNDARY ONE"set marking a point of tangency; THENCE,South 11°15'52"East,continuing along said westerly R.O.W.line,a.distance of 539.07 feet to a 1-inch punch mark in concrete found marking an angle Point; THENCE,South 78°44'08^West,continuing along said westerly R.O.W.line,a distance of 10.00 feet to a s/8-Inch Iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; THENCE,South 11°16'52"East,continuing along said Westerly R.O.W.line,a distance of 74.20 feet to a point falling within a sanitary manhole and for the ntostsoutheriy corner of the herein described tractp THENCE,departing said westerly R.O.W.lineand along the common line of the aforesaid Lot 1, Block I and a called 3.122 acre Galveston County Consolidated Drainage District(G.C.C.D,D.) R.O.W,dedication as conveyed by said COWARDS CREEK OFFICE PARR,the following courses and distances: North 54°09'10"West,a distance of 120.20 feet(called 144.00 feet)to a 5/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle,point; North 57°39'10"West,a distance of 167.00 feet to a 6/8-inch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle paint, South 32°20'50"West,a distance of 36.00 feet to a 5/0-inch Iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 67 639'10"West,it distance of 42.00 feet to a 518-Inch Iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 32 019'30"West,a distance of 74,20 feet to a 5 18dnch iron rod with plastic cap stamped"BOUNDARY ONE"set marking an angle point; North 54°05'43"West,a distance of 45.40 feet to a 5/8-luch Iron rod With plastic cap stamped"BOUNDARY ONE"set are an easterly line of the aforesaid tract conveyed to the City of Friendswood as described by deed recorded under G.C.C.F.Number 9111458 and for the most northerly corner of said called 1.122 acre G.C;C.D.D.R.O.W.; THENCE,North 15°56139"East,along said easterly tine,a distance of 17k18 feet tea i-Inch Iran pipe found marking the most easterly coiner of said city of Friendswood tract and top an angle point of the herein described tract] THENCE,North 47 039125"West,along the most northerly line ofsald City of Friendswood tract,a distance of 87,08 feat to the POINT OF BEGINNING and containing a gross acreage of 3.803 acres(165,663 square feet)of land; SAVE AND EXCEPT a called 3,000 square foot tract of land(Tract I-Salta"A")and a called 1,487.42 square foot tract of land(Tract 1¢-Paved Stone Patio)conveyed to the Friendswood Chamber of Commerce as described In deed recorded under G,C.C.F.Number 2003048880; SAVE AND EXCEPT a called 1,500 square foot tract of land(Suite"S")conveyed to Michael Sharp and Patrice S,Sharp as described in deed recorded under G.C,O:F.Number 20030613921 For 0 net acreage of 3,665 acres(159,666 square feet)of land.This description Is based on the Land Title Survey of 3.665 Acres prepared by Boundary One,L.L.C.,dated March 20, 2015,project Number 6767,1207-657F. A.P.N. 2013496dioh5 2°F2 y„ �'' r , ��:r ro ��`✓�,�®� � � o � ! s I";era °r�t :, ° , .,� a✓ ♦ -: �rI /�2t Stev�cn on Purl( rY;,+% J1' Rq r p'v � 'y° a V. r�J.1�i��. `p., r•.o,L�.AJ yyr��,,jf�✓�//J/f/ P�� >rr `�� / Y. ;� � y� Mr�4l P jt Su6jeci roperly: ryo �ro �✓�tr/! a .% r' JYJ. 'g�,� 'Al 110.0- 11105 WN r e>rrl,rf s r 7i�1� t o N _ t �'" 106 - recently y W. tic �' ti� l{Vill �� v ' 1 (n }.Try a+ � }�I � � L t pal �1'At.��.• 4. `�tl, •��,� I� 1"1�. x� °I''�� Legend 011.', — Lot Lines r "`� a -- Creeks CICity Limits Counties ' [A City Owned OI !t Parlr r LNsgaAner;Pnsyrdud is for inb M"f eaj+rrtednD,orsurvayh puq:.aes 11 duesnotrepresern anpMh eyorvndsurvay and rapmseals Mly Ili¢appmxlmdlc rclalivU KKaHM olpmpeily bourrclCrtes.Go¢C.§Y501.IU?.The vedr is vvnourj,,M to imYpendenfly verify all Inlommstxi r(Ndinadbi ILIs plUdnQ,The Olfyol FnerMSnaMma,Nes rw represanlalbnof rvarranly as In 11u eranacyd IMaprorlr¢l orb Its Llnass rorn parflrnGrpmloso.The CSer.-(0 attepls be producf AS IS,W WALL FAULTS;(1)essun185dll mspansllvlifykrlha uselhereoG and 3)'"11,sos lLa Ci a'Fdendsrcxllmm an danm e,bas,or liabOfy entry Imm such use. City 9105 South Fr/endswood 910 Oon(fa Fd,Taxes77546 Friendswood GIS Mapping Fden(281)9 Texas 77b46 (2D7f D883200 Invtvedldendsmod.tv.us 7 "= 194 ' eye y oNer J���� ,�• R iG�ooR\ oo a Subject Property: yaa� 1100-1110 S. Friendswood \ Dr. �� JCJC tyPark $ Legend �o�P O/Nc Lot Lines Creeks City Limits Counties o"oa >1 IM City Owned R pstlTnier.IDIS pro-lucl is ha iMpm�albn,Npunnsas andniay rrdhave 6e 1.p TrM/ar orlesuifeUle br Nye(enylYZerfn9,orsutteyingAnBmses,11dl4sn°l Mdl'd. lanomlh=erodal-. veyand lipresenls 'eteese tallon it relali�e'a"s Mploperly 6our%�aries.GoeC§YSD I.1hT.Tha userts enmurThe user. ASISlloaccnlalneA LTS:(2)acf.The Cilmspcn iW#ytrrnahes na represenlnlion onvm only es to Ilk eauracy MfhisprWud orto Its/r1�RSS Nrapad%cu)jrpmp°s^.The user.(/)asaAle thaprahef ASIS.IMiHALL FAVLTS;(T)assmnssall rsspansilrlily rorlhe Wa Ihe/aW, and release$his CY aFn,,d,n !r°a�an dau e�•el°sa.orll.b adshhT/mnr such use. City of Friendswoo d 910 Sou Fdan wood,Texas 77648 (281)996-9200 Friendswood GIB Mapping mm.d1dendswood.is.us 1 "=389' 9110 / Ol 7777 110 A 4�� afl 1 �0 .'OQ�f- 1101 108 \\\ r - tsi v:SfiR ri41Ulj6Yi t . . .._ _.. •r::iii:ei: 104 ................... ri7i r �5 n —Subject Property: 1100- 1110 S. Friendswood Dr. SFr? NC T Legend o�a '° — Lot Lines 0 g -- Creeks �'yo•N 73 r:3City Limits 1102 �qr Counties I/ra City Owned OI 1108 VO Special Uses d,Clty Park LUsdoia".This pddndls Iwlnlwnmlknal parposes ardmaynol halt been Ieeasareflixorba suitable Wesel onpbleedng,oisonvArlipurposes.If Wes notraMaserd anmidhagroimd surwyangrepresanls arty ties-myoaMmle avlative Iaalion olpmpedy boundaries.Gov.C.42501.102.Me user is emaurayedtoindepandanlly sndly all inlounaltoncaalellaWka llrlsp o bud,The Glyof FdeWs.cs!prakes no repleseutallvn armoanly as le the ai0uro6y 011his proivd of to Its Mass,lara podlNbr propose,The usac(1)sotepls Iheprotlud AS lS.IMTHALL FAULic'(2)assumes all aseponslWily lot the nes In...of, antl O releas051hv GYI 0/FderWSanod/rorn an tlam00e.loss,wlkblq'1 arlalr hom aWh uso. City Friendswoo d 9'ds°ut °d"e Fden wood,Texas 7 7590 (261)996-3200 Friendswood GIS Mapping vivnvclfdendmvood.ia.us 1 rr= 194 a Exhibit"B" to Ordinance No.2015-30 Required by section 9 G(3)of the Zoning Ordinance to be incorporated into the SUP: 1. Application and Requested Uses 2. Previously approved site plan for Cowards Creels Office Park(1998) i'r) _Pfl CITY OF rRIENDSWOOD SPECIFIC USE PERMIT APPLICATION REQUESTED DATE FILED: 0._-�)i- le;-. FROMT00hy DATE OF PUBLIC HEARING: fO; FEE: $300,00 PROPERTY IDENTIFICATION: ��^^ StreettRoad Address:_1i0� ?T ftlf-tM`)w�( Lot: I Block;_,Addition; LEGAL DESCRIPTION: Describe from deed records,attach copy of filed dead,/and Include a Meles and Bounds description. �PCATTED LAND:-&W( A (�' t f ffi d PU lId -, --- UNPLATTED LAND(Must have certified metes and bounds description,including name and address and telephone number of surveyor) RECORDED OWNER: P x i<e el OWNER'S INFORMATION NAME: ADDRESS:( tC rJIJPX Itc,t�C V✓4L� (:tit V� PHONE NUMBER: it U K X#; FA MAILINOADDRESS � Z N _h\/I CITY �I' Q�Stg1 nC{ STATE_ hLE ZIP W-16 AGENT'S INFORMATION NAME: / W C/ ^OMWEMqA iLADDRESS: PHONE NUMB R V.)— Z 'F FAX#: MAILING ADDRESS 63-1 J ` V rM� CITY-UAtt(1dtSWf)NJ STATE ZIP�1��(e) In authorizing an agent to represent the owner,the owner attests that his/her agent may make verbal or written representations and/or declarations on the owner's behalf and the owner understands and acknowledges that the City of Frietidswood shall rely open the agont's representations In mattors pertaining to the above described property. The designation of an agent in this platter In no way absolves the owner of any of the owner's responsibilities outlined by the City of Frlondswood, PETITION: As owner/agent, I hereby petition the City for approval of the above described request as ((�\p r vided b/y�the laws of the State of Texas and Ordinances of the City of Friendswood. z Signature; Y� Q �' Y Signature: _ (Owner) (Agent) , FEE;� DATE PAID;Q RECEIPT NUMBER; D 7/2412014 8/31/15 To Whom It May Concern: We would like to add the following uses to the SUP for Cowards Creels Office Park, 1100-1110 S.Friendswood Drive: 8129 Other Personal Services 8139 Business,Professional,Labor,Political and Similar Organizations 8121 Personal Care Thank you, Wayne and Debbie Berkenmeier Berkenmeier Properties,LLC CITY OF FRIENDSWOOD SPECIFIC USE PERMITAPPLICATION REQUESTED DATE;FILED: FROM: PAUSUR DATE OF PUBLIC HEARING: TO: SQ2lpC nZWVW FEE: $30D.00 PROPERTY IDENTIFICATION: _ Street/Road Address: i( �} 1 ff Y�)�j}� _1c�f " �� (a � {rw{ tV, nd a Lot: M , Block: , Addition: LEGAL DESCRIP'nON: Describe from deed ecords, attach copy of filed deed,a include a MRIGS and Hounds description. VPLATTED LAND: UNPLATTED LAND(Must have oertrfied motes and bounds description, Including name and address and telephone number of surveyor) !~CORDED OWNERi : ,4 S,�N� L.L C O. WNER' FORIIMATION ) L / NAME: � .Pl1A,Cn G C EMAIL ADDRESS: �Ki GhG� C G S l2C�f J Li4 u/ C3 PMt7NE NUMBER:a&- 32 Rff57o FAX#: MAILING ADDRESS E2 14g2.j CITY fcielf,JJ Su-)60b STATE _rV�_ ZIP 2',5-9 9-!t/,(/Z ACat;NT'S INFORMATION NAME: (9L-fAJN M . ,5 /4/?4d EMAILA�DDRESSAPi/ A' p'&k gw / 4'a•aw PHONE NUMBER: cL' Sk) ��r. �S`to, T FAX#: MAILING ADDRESS__ 4/'+J CITY ,6?1 trJ ZI S,,�66_(� STATE •jam ZIP In authorizing an agent to represent the owner,the owner attests that histher agent may make verbal or written representations and,ordeclarations an the owner's behalf and the owner understands and acknowledges that the Oily of Fdendswood shall rely upon the agent's representations In matters perialning to the above described property. The designation of an agent In this matter In noway absolves the owner ofany arihe owner's responsiblioles outllned by the Chy of Frlendswood. PETITION: As owner,agent, I hereby petition the City,for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the Ci •, f�Friiars�dy— o d. •*Signature Slgnatu e� L122WX`7'_ (Owner) (Agent) FEE: DATE PAID:—RECEIPT NUMBER: 7(24(2©14 CITY OF FRIENDSWOOD SPECIFIC USE PERMIT APPLICATION REQUESTED DATE FILED; _ PROM: DATA= OF P'UBLIG FIEARINGz To: SUP-- r dutL ` FEE: $300.00 PROPERTY IDENTIFICATION; _ StfaoUt2oad Address 17� . Fy 1 e.. �rj�,�D .ldt Lott, Slockt,,Addition;-...,,_,„ LEGAL DESCRIPTION; Describe ffotn deed ecords, attach copy of flied dead,and include a MQIes and Bounds descrlptton, tLATTED LAND; O��C UNOLATT> D LAND(Must have certified meths 2nd bounds dosedplion, Including name and address and telephone nurubat of surveyor) 4PE00 OWNM OWNER'S INFORMATION l � � yi{dP�rraZ'.�r��2 NAME-,L-K18-A)D5u?DU� 61`1 G�171b0/'EMA11,A�E)D-RESS;C�V"ayt 601CA" PHONENUMBER i�- r!' 143Aq FAX4,4&-j MAILING ADDRESS_ 19Y.l CITY F>Z1G ddl7Sl/)L?fJc�L STATE _! mp y C p�GsNrs INFORMaTIO�( t?11 rA b-64— .a ��C�••�t�i NAME �r�({Dl 1't1�1A C A�1�J�t� _EMAILADDRESS: L,,j-14 PHONE NUMBER: ;5rT-rn e.- FAX11. Ur Y}t L MAILING ADORI"SS �6 8-Pl1 CITY c`�r1 I Y1 STATE_ zip `7 7 � : InaathodzlgU art agent to representiho owner,the owner at(eststhat histh9ragent may make verbal or'wrillon represo tatlons aridior declarations on the oWAersbQhaif and the'ownor tindefstands and acknowledges that the Oily of F'rlondsvg0od shall tely dpQn the agent's ropresontati4ns inm�tiers poria(nln .id the ahovQ dosbdbed properly. Thq de}iynatfon van gent In this mstter in no way absolvesih8 owner of any gilhe owner's respottisihilittes.9.n(Iine I by the fr,y of FfiondSw,(lod. PETITIONt As owner/agent,I hereby petition the City for approval of the above described request as provided y the laws of the State of texas and Ordinances of the City of Friendswopd. `kSignatura rl./l ( T Signature: (Owner) (Agent) FFze: . DATE PAID: RECEIPT NUMBER; 71214!2014 II � I�reorAns ' UITY �, la'•ry PRO,PPRT). { 5/'1, �( .lv.•M C Eb T 9y q,ll/� �y T i .4 a$rJ� Xx ✓ �sc .°A 1tF£ *I x..,i Aa,N '� TG t ;b = frFY YX' f5G^'� (>peAW F, J IT f1nN POR �Qss.e{y—[� ! tl F iN0.�S E l$ U�LL xi-nS�p R Ti O,.ytyn_Sfyaa. k b a� ti ce f X n