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HomeMy WebLinkAboutOrdinance No. 2021-18ORDINANCE NO. 2021-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, 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 LOCATED AT 1715 AND 1771 S. FRIENDSWOOD DRIVE, SAME NOW CONSISTING OF 7.7054 ACRES ALSO KNOWN AS RESERVES D AND F IN THE HOWARD SUBDIVISION PARTIAL REPLAT NO. 2 PLAT, AS RECORDED IN DOCUMENT 2019019333 OF THE GALVESTON COUNTY MAP RECORDS (G.C.M.R.), FRIENDSWOOD, GALVESTON COUNTY, TEXAS, TO CHANGE FROM COMMUNITY SHOPPING CENTER (CSC) AND OFFICE PARK DISTRICT (OPD) TO PLANNED UNIT DEVELOPMENT (PUD), MORE FULLY DESCRIBED IN EXHIBIT "A", INCORPORATED BY REFERENCE, WITH SUCH PLANNED UNIT DEVELOPMENT (PUD) TO BE GOVERNED FOR ALL PURPOSES AND CONDITIONS PURSUANT TO THE ATTACHED SITE PLANS INCLUDED IN EXHIBIT "B", 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, , (the "Owner") owner of real property located within the City located at 1715 and 1771 S. Friendswood Drive, same now consisting of 7.7054 acres also known as Reserves D and F in the Howard Subdivision Partial Replat No. 2 Plat, as recorded in document 2019019333 of the Galveston County Map Records (G.C.M.R.), Friendswood, Galveston County, Texas, to change from Community Shopping Center (CSC) and Office Park District (OPD) to Planned Unit Development (PUD), more fully described in Exhibit "A", incorporated by reference, with such Planned Unit Development (PUD) to be governed for all purposes and conditions pursuant to the attached site plans included in Exhibit `B", all as more specifically provided herein; and WHEREAS, pursuant to the Zoning Code, Section 7. "Schedule of District Regulations," J. "Planned Unit Development, General Purpose and Description," (2) Application (c)2., Owner has submitted the required plans at this time for a conceptual plan, (Option 2), copies of which are attached hereto as Exhibit "B" and incorporated by reference, which will require site plan approval by the Planning and Zoning Commission; 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, public hearings 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 disapproval of the application; 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; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: 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 City Council of Friendswood ("City Council') is relying upon the express representations of Owner appearing in the documents submitted for final approval, (specifically including those documents in Exhibit "B"), and the Ord. No. 2021-18 2 representations made at the public hearings 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 located at 1715 and 1771 S. Friendswood Drive, same now consisting of 7.7054 acres also known as Reserves D and F in the Howard Subdivision Partial Replat No. 2 Plat, as recorded in document 2019019333 of the Galveston County Map Records (G.C.M.R.), Friendswood, Galveston County, Texas, to change from Community Shopping Center (CSC) and Office Park District (OPD) to Planned Unit Development (PUD) , with such Planned Unit Development (PUD) to be governed for all purposes and conditions as depicted in Exhibits "A" and "B," (all of which are incorporated by reference), but otherwise consistent and subject to the current Zoning Code, and related conditions contained herein. This rezoning is specifically conditioned upon Owner's full compliance with Section 7. "Schedule of District Regulations," J. "Planned Unit Development, General Purpose and Description," paragraph 7.c.1. and the following use and development regulations: 1. Land Uses: 521 — Monetary authorities — Central Bank; 522 — Credit Intermediation and related activities; 523 — Securities, commodity contracts, and other financial investments and related activities; 524 — Insurance carriers and related activities; 525 — Funds, trusts, and other financial vehicles; 533 — Lessors of nonfinancial tangible assets (except copyrighted works); 541 — Professional, scientific, and technical services; 551 — Management of companies and enterprises; 6116 — Other schools and instruction; 621 — Ambulatory health care services; 8121 — Personal Care Services; 8129 — Other personal services; 8139 — Business, professional, labor, political and similar organizations; 921 — Executive, legislative, and other general government support; 923 — Administration of human resource programs; 924 — Administration of environment quality programs; 925 — Administration of housing programs, urban planning, and community development; 926 — Administration of economic programs; 927 — Space research and technology; 928 — National security and international affairs 2. Setbacks and Height (per Tannos Land Holdings PUD Regulation Matrix include in Exhibit "B") 3. Detention Enhancements provided for around the existing detention pond detailed in Exhibit "B". 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. No. 2021-18 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 Property as described above. Sectior. 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 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 fails to comply with 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 act of violation and each day upon which any such violation shall occur shall constitute a separate offense. PASSED AND APPROVED on first reading this 12th day of IqLy., 2021. ATTEST: D� FRIE/�d OF s!y LETICIA BRYSCH, City e retary't,. O APPROVED AS TO FORM: MARY YJAY 171%rER, City Attorney Ord. No. 2021-18 4 PASSED, APPROVED AND ADOPTED on second and final reading this 2nd day of August, 2021. ATTEST: LETICIA BRYSCH, Ci APPROVED AS TO FORM: �/. i. / � / ✓� i : Lim �- P•✓ MIKE ARI , Mayor FRIENps O 00 Ord. No. 2021-18 EXHIBIT "A" City of Friendswood - Community Development 910 S. Friendswood Drive Friendswood, TX 77546 Phone: 281-996-3201 Fax: 281-996-3260 ww.ci.friendswood.tx.0 s Zone Change Application CURRENT ZONE OF PROPERTY: (''- G + DPD TYPE OF ZONE CHANGE (check one): ❑ Land Use Change to Zone: ❑ Planned Unit Development Option 1 [� Planned Unit Development Option 2 PROPERTY IDENTIFICATION: Address: I-7 IS' So AK, F Platted Land - Plat Name: ❑ Specific Use Permit Option 1 ❑ Specific Use Permit Option 2 SUP for Use(s) #: QV Unplatted Land - Attach a certified metes and bounds description Lot: Block: OWNER NAME: V(� Gt 'per(}�.eS Phone: (31D-f-11�p(e Owner's Mailing Address: �i015•r-ner 01SvJO&CI Or City: t I' t-ev4 swo o d State: TX Zip: Fax: Owner's Email Address: ,l Vt,r ✓O Lq AGENT'S NAME: L*ut5T0.gVwV 5 Phone:-7 f3-y41-35b8 Agent's Mailing Address: lta• %cfl(r Ig Cre le .� ttk City:' y1ehASVjbe A State: C _ Zip:1 SN� Fax: Agent's Email Address: L'�'C�hh�'S }c'�y1KcS�oAS:c.c�f'I. G4M 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 m a, ent this matter in no way absolves the owner of any of the owner's responsibilities outlined by tl}e I, f Fr' swood. The owner must be the legal owner of record of the property at the time of submittal of th p icati The undersigned hereby 1equ a I y City Council on the above identified zone chanj r I Owner's Signature Date: Agent's Signatu Date: � - / 3-21 Application Number: Received By: ti"'OU'LL , Received Date: - Date of Public Hearing: t 0- 2 Newspaper Notice: S - 111— 2n)-{ Property Owner Notices: -2.G7ZI Sign on Property: f�-Z� -- Z) Revised 11-01-18 Page i of 2 Address of Grantee: Leisure Lane LLC 407 S. Friendswood Drive Friendswood, Texas 77546 Attn: David Boone, Manager After Recording, Return to: Andrews Myers, P.C. Attn: Scott McKaig 1885 Saint James Place, ISth Floor Houston, Texas 77056 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That TEXAS CITIZENS BANK, N.A. ("Grantor"), for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) in hand paid to Grantor by LEISURE LANE LLC (herein referred to as "Grantee"), and other good and valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, and the further consideration of ONE MILLION EIGHT HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO1100 DOLLARS ($1,888,750.001 to Grantor in hand paid by HOMETOWN BANK, NATIONAL ASSOCIATION, of Galveston, Texas, at the special instance and request of the Grantee, in part payment of the purchase price for the land and premises herein conveyed, to evidence which the said Grantee has executed its one certain promissory note to the order of HOMETOWN BANK, NATIONAL ASSOCIATION, payable as therein provided, and secured by a first vendor's lien and superior title herein retained and by deed of trust herewith executed by the said Grantee to G. WILLIAM RIDER, TRUSTEE, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto Grantee their certain tracts or parcels of land in Galveston County, Texas, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, together with all rights, titles and interests appurtenant thereto (such land and interest arc hereinafter collectively referred to as the "Property"), The above -mentioned note is in the total sum of $2,688,750.00, $1,888,750.00 of which represents said part payment of the purchase price, is made payable directly to HOMETOWN BANK, NATIONAL ASSOCIATION, which has advanced said sum of money at the request of Grantee herein to the Grantor herein; and in consideration of the premises that Grantor does hereby SELL, TRANSFER AND ASSIGN unto the said HOMETOWN BANK, NATIONAL ASSOCIATION, its successors and assigns, the first vendor's lien and superior title herein retained against the property herein conveyed to secure the payment of the aforesaid note as fully subrogating HOMETOWN BANK, NATIONAL ASSOCIATION, its successors and assigns, to all rights, titles, equities and interest in and to such note and all liens against the property securing payment thereof, such assignment, however, being without recourse in any event against the Grantor herein. -PI I ?a o N3.v-t4 CAI 123-5.41Specitl Warranty Deed With Vendor's Lien — TCH 4828.6999-2032-docx This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in Exhibit `B" attached hereto and incorporated herein by this reference, to the extent the same are validly existing and applicable to the Property (hereinafter referred to collectively as the "Permitted Encumbrances"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging 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 title to the Property unto the said 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, subject only to the Permitted Encumbrances. EXEC on the date of the acknowledgment herein below, to be effective as of the 4-01 day of ,2018. [Signature and acknowledgment on following page] Fa CAI123-SA1Speeial Warranty Deed With Vendor's Lieu —TC33 4829-6999-2032.docx TEXAS CITIZENS BANK, N.A. �1 By: Duncan W. Stewart, Chairman and Chief Executive Officer THE STATE OF TEXAS § COUNTY OF GA±,V f1� § to �, L7 This instrument was acknowledged before me on this the 1! day of r-hQ - J -- , 2018, by Duncan W. Stewart, Chairman and Chief Executive Officer of Texas Citizens Bank, N.A., a national banking association, on behalf of said association. ------------ ------- TINA KENNEDY NOTARY PUBLIC Notary Public in and for the S e of Texas 1•;;; ` State of Texas '•'� ^• Comm. Exp. 12-02-2019 3 CM 123-5.4lSpecial Warranry Nod With Vendor's Lien — TCB 4828-6999-2032.docx EXHIBIT "A" PARCEL DESCRIPTION Tract 1: (Fee) AB of Reserves "A" and "B" of the PARTIAL REPLAT HOWARD SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. Tract 2: (Easement) An easement for vehicular and pedestrian ingress and egress as set forth and described in instrument recorded in/ under County Clerk's File No. 9416478 of the Official Public Records of Real Property of Galveston County, Texas. Tract 3: (Easement) A perpetual, non-exclusive access easement for a shared driveway as set forth and described in instrument recorded County Clerk's File No. 2017037652 of the Official Public Records of Galveston County, Texas. Tract 4: (Easement) A perpetual, non-exclusive easement for drainage as set forth and described in instrument recorded in/under County Clerk's File No. 201707 8149 of the Official Public Records of Galveston County, Texas. 4 CAI 123-5.4NSpeciai Wartmty Dad With Vendor's Lieu —TCB 4828-6999-2032.doex EXHIBIT "B" PERMITTED ENCUMBRANCES 1. The restrictive covenants as set forth in County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas, 2. An easement for purposes of ingress and egress located on subject property granted to Foodmaker, Inc., their successors and assigns, by instrument recorded under County Clerk's File No. 9416478 of the Official Public Records of Real Property of Galveston County, Texas and also reflected on the plat recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 3. An casement for purposes of a private access shared driveway and drainage located on subject property by and among LT-CN FRIENDSWOOD, LLC, TEXAS CITIZENS BANK, NA, and JACK A. HOWARD by instrument recorded under County Clerk's File No. 2017037652 of the Official Public Records of Galveston County, Texas and also reflected on the plat recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 4. An easement for purposes of water, sanitary sewer, drainage, and detention located on subject property by and among LT-CN FRIENDSWOOD, LLC, TEXAS CITIZENS BANK, NA, LEISURE LANE LLC, and JACK A. HOWARD by instrument recorded under County Clerk's File Nos. 2017037653 and 2017038291 of the Official Public Records of Galveston County, Texas and also reflected on the plat recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 5. Intentionally Omitted. 6. A water line easement, 10 feet in width, along the Southwest property line, as recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas, 7. A utility easement, 8 feet in width; along the Northwest property line, as recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 8. An unobstructed aerial easement above the ground upward located adjacent to all public utility easements is dedicated to the use of the public as reflected on the plat recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 9. Building setback line, 30 feet in width, along the Southwest property line, as recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 10. A 1/32nd royalty interest in and to all oil, gas and other minerals on, in, under or that may be produced from the subject property is excepted herefrom as the same is set forth in CAA 123-5.4%peaisa Warranty Deed With Vendor's Lien—TCB 482"999-2032.doo instrument recorded under Volume 357, Page 256 in the Office of the County Clerk of Galveston County, Texas. 11. An undivided 1/32nd of all the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same are excepted herefrom as the same are set forth in instrument recorded under Volume 369, Page 398 in the Office of the County Clerk of Galveston County, Texas. 12.Oil, gas and mineral lease dated December 04, 1925, recorded under Volume 380, Page 607 in the Office of the County Clerk of Galveston County, Texas in favor of Gulf Production Company. 13. All (except an undivided 1/32nd) of the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same all of which are expressly excepted herefrom as same are set forth in instrument recorded under Volume 923, Page 65 in the Office of the County Clerk of Galveston County, Texas. 14. All the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with same all of which are expressly excepted herefrom and not insured hereunder, as same are set forth in instrument recorded under County Clerk's File No. 8415657 of the Official Public Records of Real Property of Galveston County, Texas. 15. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records. 16. Intentionally Omitted. 17. Any rights, easements, interests or claims which may exist by reason of a fence line not following along the northeasterly property line (as to Reserve B) and an electric box located near the southwesterly property line (as to Reserve A), as reflected on survey drawing made by Brian Nesvadba, R.P.L.S. No. 5776, dated February 2, 2018. 482M999.2032, v. 2 6 CAI123-5.4%Speual Warranty Deed With Vendor's Lien — TCB 4828-6999-2032.doex FILED AND RECORDED Instrument Number: 2018019486 Recording Fee: 46.00 Number Of Pages:7 Filing and Recording Date: 04/03/2018 3:15PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. Dwight D. Sullivait, C:ou.nty Clerk Galveston County, Texas DO NOT D ESTROY - Waming, this document is /waft of the Oh9cial Public Record. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY R OW& IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Da . A NUL I , 2018 cmnwr JACK A. HOWARD Gwmorc Milling Addrac t ), 1►,}I LoM` X su1049 L R.0 LA Ppff&g Jy_ -77r271 Granter: LEISURE LANE LLC a Texas Limited Liability Company Cnastees Mailing Add= (iodufrg cminty): 407 S. Friendswood Drive F'riendswood, Galveston County, Texas 77546 Coneidention: TEN AND NO1100 DOLLARS ($10.00) and other good and valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged and the further consideration of FIVE HUNDRED THOUSAND AND NO1100 DOLLARS ($500,000.00) to Grantor in bend paid by HOMETOWN BANK, NATIONAL ASSOCIATION, of Galveston, Texas, at the special instance and request of the Grantee, in part payment of the purchase price for the land and premises herein conveyed, to evidence which the said Grantee has executed its one certain promissory note to the order of HOMETOWN BANK, NATIONAL ASSOCIATION, payable as therein provided, and secured by a first vendor's lien and superior title herein retained and by deed of trust herewith executed by the said Grantee to G. WILLIAM RIDER, TRUSTEE. The above -mentioned note is in the total sum of S2,688.750.00, S500.000.00 of which represents said part payment of the purchase price, is made payable directly to HOMETOWN BANK, NATIONAL ASSOCIATION, which has advanced said sum of money at the request of Grantee herein to the Grantor herein; and in consideration of the premises that Grantor does hereby SELL, TRANSFER AND ASSIGN unto the said HOMETOWN BANK, NATIONAL ASSOCIATION, its successors and assigns, the first vendors lien and superior title herein retained against the property herein conveyed to secure the payment of the aforesaid note as fully subrogating HOMETOWN BANK, NATIONAL ASSOCIATION, its successors and assigns, to all rights, titles, equities and interest in and to such note and all liens against the property securing payment thereof, such assignment, however, being without recourse in any event against the Grantor herein, Prnoeriv (includin TRACT ONE: All of Reserve "D" of the PARTIAL REPLAT HOW ARD SUBDIVISION, a subdivision In Galveston Count)6 Texas, according to the map or plat thereof recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. TRACT FOUR: (EASEMENT) A perpetual, non-exclusive access easement as described and set forth in instrument recorded Wunder County Clerk's File No. 2017037652 of the Official Public Records of Galveston County, Texas. This conveyance and the warranties of title contained herein are expressly made subject to those certain encumbrances, easements, and other matters described below (the 'Permitted Encumbrances"), but only to the extent that such Permitted Encumbrances are validly in effect and apply to the Property: 1. An easement for purposes of a private access shared driveway and drainage located on subject property by and among LT-CN FRIENDSWOOD, LLC, TEXAS CITIZENS BANK, NA, and JACK A. HOWARD by instrument recorded irdt nder County Clerk's File No. 2017037652 of the Official Public Records of Galveston Canty, Tom and also reflected on the plat recorded urnderCounty Clsdes File No. 2017058432 of the Map Records of Galveston County, Texas. 2. An easement for purposes of water, sanitary sewer, drainage, end detention located on subject property by and among LT-CN FRIENDSWOOD, LLC, TEXAS CITIZENS BANK, NA, LEISURE LANE LLC, and JACK A. HOWARD by Instrument recorded under County Clerks File Nos. 2017037653 and 2017038291 of the Official Public Records of Galveston Courtly, Texas and also reflected on the plat recorded undo County Clams File No. 2017058432 of the Map Records of Galveston County, Texas. 3. An mtstructed aerial moment above the ground upward kxatad a4mard to all public utility easements is dedicated to the use of the public as reflected on the plat recorded under County Clerks File No. 2017059432 of the Map Records of Galveston County, Texas. 4. A nontxcitraive easanat for purposes of underground electric fines and facilities located on subject property parted to Texas -New Mexico Power Company by instrument recorded under County Cksks File No. 2017069938 of the Official Public Records of Galveston County, Texas. 5. A 1/32nd royalty interest in and to all oil, gas and othc minerals on, in, under or that may be produced from the subject property is excepted herefrom as the same is set forth m instrument recorded Int nder Volume 357, Page 256 in the Of lice of the Cuwrn• Clerk of Gelvc*m Cow-rty. Texas. 6. An undivided 1 /32nd of all the oil, gas and other minerals, the royalties, bonuses, rentals and a0 other rights in connection with some are excepted herefrom as the same are set forth in instrument recorded in Volume 369, Page 398 in the Office of the County Clerk of Galveston County, Texas. 7. Oil, gas and mineral lease dated December 04, 1925, rem in Volume 380, Page 607 In the Office of the County Clerk of Galveston County, Texas in favor of Gulf Production Company. 8. All (except an undivided 1/32nd) of the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection with some all of which are exprraaly excepted herefrom, as same we set forth in insuu went recorded In Volume 923, Page 65 In the Office of the County Clerk of Galveston County, Texas, 9. All the oil, gas and other minerals, the royalties, bonuses, rentals and all other rights In connection with same all of whkh are expressly excepted herefrtan and not insured hereunder, as same are set forth in instrument ment recorded under County Clerk's File M. 8415657 of the Official Public Records of Real Property of Galveston County, Texas. 10. Any rights, easements, interests or claims which may exist by reason of a fence line not following along the northeasterly property line, as reflected on survey drawing made by Brian Nesvadba, R.P.L.S. No. 5776, dated February 02, 2018. Grantor, for the Consideration and subject to the Permitted Encumbrances, 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, and assigns forever. Grantor hereby binds Grantor and Grantors heirs, executors, administrators, successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, aEhninistraturs, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor and not otherwise, except as to the Permitted Encumbrances, The vendor's lien against and superior title to the Property are retained until the note described herein is fully paid according to its terms, at which time this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. EXECUTED this 0- day of A PKI L- , 2018. Ptr LAI—> ROBERT NOLAN ALLEN, Attorney -in -Fact for JACK A. HOWARD STATE OF ) COUNTY OF ) - This instrument was acknowledged before me on the day of t 2018, by ROBERT NOLAN ALLEN, Attorney -In -Fact for JACK A. HOWARD (also known as JACK ALLEN HOWARD)- Not , Public in and for 711E STATE OF DONNA MARII. tACKSON Notary Public, S:ate of Texas Comm. Expires G1 19-2021 Notary ID 38 t 7a-9 Loan origination organization: HOMETOWN BAND NATIONAL ASSOCIATION NMLS ID 479260 Loan Onginatuc. Allan Rasmussen, Jr. NMLS 11) 684576 Andrews Myers, P.C. RIDER & WILSON Arm Scat McKaig Suite 802, 2200 Market Smell Tower I Iss Saint Jam" Pram 1 So FL 2200 Marker Saco Hmatoa. Tom 77M Galreatoo, Texas 77550 FILED AND RECORDED Instrument Number: 2018019487 Recording Fee: 34.00 Number Of Pages:4 Filing and Recording Date: 04/03/2018 3:15PM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. Dwight D. Su:llivan., Cou:nty Clerk Galvesk)n i_o u71tp, eeas DO NOT D ESTROY - Warning, this document is part of the Official Public Record. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON., YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. This is a Correction Deed, given and accepted in place of that certain Contribution Special Warranty Deed dated October 11, 2018, executed from Grantor to Grantee and recorded under Instrument No. 2018062010 of the Official Public Records of Galveston County, Texas, to correct the description of the property conveyed therein. CORRECTION CONTRIBUTION SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON THAT Jack A. Howard, an individual residing in the State of Texas ("Grantor"), for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has GRANTED, CONTRIBUTED, and CONVEYED, and by these presents does GRANT, CONTRIBUTE, and CONVEY, unto Friendswood Detention Reserve Association, a Texas unincorporated non-profit association with a mailing address of 407 S. Friendswood Drive, Friendswood, Texas 77546 ("Grantee"), that certain unimproved real property located in Galveston County, Texas, being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular, the rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, and interests thereon or in anywise appertaining thereto and with all improvements located thereon (said land, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, improvements, and interests being hereinafter referred to as the "Property"). This conveyance, however, is made and accepted subject to (a) the matters herein stated, (b) those easements, restrictions, reservations, and other matters of record set forth in the public records, and (c) real estate taxes and standby fees for the year 2018 (which have been prorated as of the date hereof and assumed by Grantee) and subsequent years. TO HAVE AND TO HOLD the Property and premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's successors and assigns, to warrant and forever defend, all and singular, the Property and premises unto Grantee, and Grantee's 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. [Remainder ofpage left blank; Signature page follows] EXECUTED this 11+'`' day of October, 2018. GRANTOR: ROBERT NOLAN ALLEN, in his capacity as power -of -attorney for and on behalf of JACK A. HOWARD ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF f�PA- J This instrument was acknowledged before me on the ' day of October, 2018, by Robert Nolan Allen, in his capacity as power -of -attorney for and on ehalf of Jack A. kloward. MARIq A. VE- S O �No Public, in an for the State MY Notary ►D # 10865325 Ext May 21, 2021 Signature Page to Contribution Special Warranty Deed EXHIBIT "A" PROPERTY DESCRIPTION All of Restricted Reserve "F" of the PARTIAL REPLAT HOWARD SUBDIVISION, a subdivision in Galveston County, Texas, according to the map or plat thereof recorded under County Clerk's File No. 2017058432 of the Map Records of Galveston County, Texas. 4836-868B-3254, v. 1 Exhibit "A" Page 1 FILED AND RECORDED Instrument Number: 2018062191 Recording Fee: 34.00 Number Of Pages:4 Filing and Recording Date: 10/15/2018 11:11AM I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Galveston County, Texas. Allsr \ °*� Dwight L . I v are,, Clerk DO NOT DESTROY - Warning, this document is part of the Official Public Record. L" Jkl rt1-/2 07 LbS] nL'ISS -All t6M��GCS 1A3� ID RJ � ,•,I �AFiyt .. v.. 11),]00 SO.fi., 4 IIQSI VCilp iO .fT[MfOU / :Boer': 90"d. s . " „m as�sswr •9v..�oo.uv1 riv Sa..•a.r, �. f REASONS FOR REPLAT' 1. TO REMOVE INT SIDE 10' B.L AND 25' REM B.L 2. INCORPORATE ADJACENT 8.358 ACRES. 3. SUSDIADE RESERVE 'A' INTO 4 RESERVES. 5 RELOCATE DETENTION POND FROM RESERVE B AND INCORPORATE DRAINAGE CAPACITY INTO DETENTION POND IN RESERVE F. PARTIAL REPLAT HOWARD SUBDIVISION A SUBDIVISION OF 14.682 ACRES OF LAND BEING ALL OF RESERVE 'A' OF HOWARD SUMNISION RECORDED IN VOLUME 2004-A PAGE 173. GALVESTON COUNTY MAP RECORDS AND BEING OUT OF LOT 26, VOSS SUBDIVISION, RECORDED IN VOLUME 254-A, PAGE 9, GALVESTON COUNTY MAP RECORDS. IN THE SARA MCKISSICK LEAGUE, ABSTRACT NO, 151 FRIENDSWOOD, GALVESTON COUNTY, TEXAS. 6 RESERVES i BLOCK o..ia 54TEM3FA OB. MI) w ..w�.��+yn�"� �• rw..n 2L�...r lMW4 �,. � (��"�.��_-.. � 3o...s rerun �'• 094�1o]Oer¢r�tiw`e csrh�.:I �L r w rnwr "..r rwn%rip— r".. wr. f�Wi AASN hur(teI ir. EYP frf e�i...w� ,Yw tiv��mneltlw � i�un�mn mownx�wr.w. v."r rm'mmrraadm ;tea ,x,wr-cR,mwwm.unarrrws.nrw.�M"m�ir�i.e_s ') "'[_ .ar<rNmwaumnc xracosa. nm.u.n vr.r%�,�, "a{v'xm ��"v®.�x�r.om.a nr. srmmmwna m.n mw�m or.z �,v,s Doti w,xvu..0 uvavmv v.v.. rm,rcm•v¢m awmnx REASON FOR REPLAT his Y..s sinr. PINed PUT op HOWARD SUBDIVISION PARTIAL REPLAT NO 2 1 SUBO-VQM V 1 1-- A— T— - LAND MM. a "l OP RSSdRI2S �, D, D, r, WD P. a,-r I, Pearuc drPf�r ro►err sudofnsioN (fNS]'RUYSN0. SOIrOddtS2) fN TNd SIRAf T No. S15 LSIUUa, ed oFp N0. 10I, CITY OP PWWTY,r000. rasror covdrr, races a RSSRRKS�� I --s ICY IJIR IlL rwdr000 Ot1011f011 . �r e>moaer�e� 1Er1® smowz;;. WPPR10 (SIePIRr amv�v 9�rtorl ��anw Sq Rq N 'deKrss Ag y.l.R 4 CTCNp P JO UB ¢� REASON FOR REPLAT e,� � .mreR�nias .4a� / rrY�L ➢LT or / HOWARD SUBDIVISION PARTIAL REPLAT NO 2 4 or L /A "P LCRe CT OF V TRALT Or , B. D. x. i A BLT Or RfSrRYdS I. B. D, 1, IYD 1,I 1, PLAT/IL RLPLT roI S e04 ♦�.� / wCU/OR (Il:STRUYLRT YO. f01Y70 l [II95! S��161�CUr. \ i "• ' rLLrIS ... O rm RISLRrLS B BLOUL '1 / I um1A RLEE rWGalY(000 DIi�1I10N �' Dl>if1flL �8r04L71M >n 6 m �/ �� sws oiw>rnpc um rurora co�wr ere.. nm R ► " - .+ i+ Al 4k Subject Property: 1715&1771 4 - ' S. Friendswood Dr. r rt' ;, o0 751 4 . S _ 1 JA _ lk r w t it L+Q N. { { * 1 %57 1 r a Legend f a, ♦ Parcels �i FP Streets City Limits "Y Creeks * *IF ti Counties .' Parks i ® Non -City Owned City Owned Schools hmr.'a per ry* orwKy n ipr nrtormoomai purposes and may not M •� 5rrn Prva�d fCr or Le mva]'e ke iegaf c Pfeenry ur iarveying purposes. a-&& X&,: t1 survey aid, ,esa�!s orYythe approximate retatwelocation cf property boundaries. Gov. C. §2501.102 Pe user it encouraged to r: KW; —Je: rr; .t,i, ' all informetim curtained in this product. The L:; r e r e.ryds oco „1aLe s no representation orwarranty asto the accuracy ofINsptoductortoits fitness for aparticufarpurpose. The user. 'n accepts the product AS IS, WITH ALL FAULTS, (2) assumes 'responsbilty for Meuse MerW, ¢,� r31 ,acasa Or 4, of rreoimxos" from a N ddvr.A W6 •+' : lN,T 9:� r,r a `••'" x: i:'u ie City of Friendswood 9South Friendswood Drive Fr Friendswood G I S Mapping ' Friendswood, Texas 77546 (281) 996-32(X1 wwwci.friendswood.tx.us 1 — 188 r / r' / ���`� wood 3 Rose0. 1 o .01 C Ko I% Lo 70 ,or aQ 0. to 0 oil G Lo r Ck/ ON Subject Property: 1715 & 1771 N: V, /Irk. 0 S. Friendswood Dr. X /X 6 Ur 0 t 0 V. 0 0, 0- 4, o^ 0 CIL ON r Legend Lotlines (Galveston Co.) A Parcels Streets City Limits e Creeks y stream Gir W Counties Parks tp AN Non -City Owned 0; Z, q6 41 Dr 0. City Owned Falcon 5 Schools asciamer: This product is for informational purposes and may not have been prepared furor be suitable tor legal engineering, orsurveyvng purposes. It does not repiesent an on -the -ground survey and represents only the approKimate relatAfe loca don of property boundaries. Gov. C. §2501.102 The user's encouragedto independently venfy all inthrmatfon contained in this product. The City of Frendswoodmakes no iepresentalion or warranty as to the accuracy ofthis product orto its fitness fora particufarpurpose. The user. (1) accepts the pioductAS /a WN ALL FAULTa (2) assumes all responsb4ty for the use thereof, and (3) releases the City of Friendswood from any damage, loss, or liability ansing from such use. City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77.546 (281) 996-3200 Friendswood GIS Mapping www.cifftendswood.tx.us 1 752 O11 Subject Property: 1715 k 1771 S. Friendswood Dr. 0 oe O Legend Lotlines (Galveston Co.) Parcels Streets rsr to City Limits Zoning- Zoning Codes by Parcel CSC MFIR-GHD , ip MFR-L A' % INC E::JOPD PUD SIFIR Creeks Counties Parks Z Non -City Owned City Owned Schools Dsciamer. This product S for informational purposes and may not have been prepared tbrorbe suitable forlegai angneering orsurveyi I ngpurposes, It does not represent an on -the -ground survey andrepresenis orgy the approximate relative location of prop" boundanes. Gov. C. §2501.102 The user's encouraged to if7dep en cL- ntly verify all information contained in this prodxt. The City of Fre Wswood makes no representation or warranty as to the accuracy ofths pooduct orto its fitness fora particufarpurpose. The user. M (1) accepts the product IS, 7H ALL FAULTS, (2) assumes a// responsibiby for thereof; use (3),releases the City of Friendswood from any daMag,-, 10M or habihty arising from such use Ad&City of Friendswood 910 South Friendswood Drive SPINPM Ftiendsvvood, Texas 77546 (281) 996-3200 Friendswood GIS Mapping 19 W­ www ci.friendswood.tx. us 1 "= 376 ' EXHIBIT "B" A DEVELOPMENT FOR TANNOS LAND HOLDING li FRI EN DSWOOD, TEXAS, INDEX: COVER SHEET MEMO SURVEY SITE PLAN (COLORED) SITE PLAN BUILDING ELEVATIONS `SITE D I A M O N D n�vrt;rrAtt�ct u><citcr MEMORANDUM 4/19/2021 Tonnos Land Holding I 1715 Friendswood, Texas Building Description The Proposed Project consist of a four-story Class A Office Building of approximately 100,000 SF office with 290 parking spaces. The Building is designed to attract regional and national tenants into the Friendswood area and will have an occupancy load of approximately 750 people. As the anchor to an established development that already includes many restaurant and retail businesses, the concept of the design is to unite the area into a master planned development that promotes walkability and a relaxed working environment. To accomplish this, the Project will beautify the existing detention area into a park with improved landscaping and security lighting; locate the building as central in the development as possible to create unity with the existing establishments while being as far away from our residential neighbors as possible; and by enhancing a sense of place by continuing the established Architectural Style with a complementary backdrop. Detention Enhancements • 45 large trees 111 small trees • Approximately 1,434 linear feet of 5 to 7 feet wide crushed granite paths with steel edging • 7 park benches • 3 dog stations • 2 Water Fountains with lighting • Accent Landscape Lighting in Park Area Trees • Walk Path and Accent Lighting Please feel free to contact me with questions, comments or additional information that I may assist you with. Best Regards, 1$_ . Blair Korndorffer Diamond Development Group %00 G S f 260 H;)u;io�., T 77058 8 3 2 4 6 4 0 0 D i A M 0 N D DEVELOPMENT GROUP AWfinbCn At. K.V N:.1—SlliLlAxV MEMORANDUM 4/19/2021 Tannos Land Holding I 1715 Friendswood, Texas PUD Regulation Matrix based on OPD Zoning Lot Lot Lot i Yards —Minimum Feet Height Landscape Exception Maximum District Area Width Depth Maximum Requirements Notes Lot -"' Minimum Minimum Minimum Front Rear We Feet Coverage Square Feet Feet ia) f'aand Intenor Exterior Feet _ _ . k) When When When When Abutting Abutting Backing Slacking Property property Up to an Up to an i in Ina Abutting Aburb% ' Residential Nonresidential Side Rear District or Obtrict Yard Yard I Garden Horne ! I , jDistrict' - '. 70 (max. 4 stories) Zoning Ordinance Section 7.P. Permitted Use Table Permitted uses would include: • Monetary authorities - Central Bank • Credit intermediation and related activities • Securities, commodity contracts, and other financial investments and related activities • Insurance carriers and related activities • Funds, trusts, and other financial vehicles • Lessors of nonfinancial intangible assets (except copyrighted works) • Professional, scientific and technical services • Management of companies and enterprises • Other school and instruction • Ambulatory health care services • Personal care services • Other personal services • Business, professional, labor, political, and similar organizations • Executive, legislative, and other general government support 700 GEMINI, SUITE 260 HOUSTON, TEXAS 77058 8 3 2. 2 2 4. 6 4 0 0 CONTACT is DIAMONDDE VELOPMENTGROUP.COM • Administration of human resource programs • Administration of environment quality programs • Administration of housing programs, urban planning, and community development • Administration of economic programs • Space research and technology • National security and international affairs Parking Analysis Parking would comply with the City of Friendswood Design Criteria Manual: General Business Offices - 100,000 or more sq. ft. = 2.8 spaces per 1,000 sq. ft. GFA. Please feel free to contact me with questions, comments or additional information that I may assist you with. Best Regards, 1$-- Blair Korndorffer Diamond Development Group 700 GEr i, Sur- 260 HsTc��., 1 _Xr, 77058 8 1 Z 0 4 8 4 0 0 *qko ' \ eg_ w \ o SARAH AfCK➢SS ABSTRACT HO 4" "7rs / �n ¢� REASON FOR REPLAT Nt PLT a➢ / HOWARD SUBDIVISION / PARTIAL REPLAT NO 2 d lDN 0d A N.afI9 ICRB d ` r / IA / 4� uo� uxD Rnxc A Rr➢ur od rRff or RfddRYlS I, d, D, f. 4Yp r, D l I, PAR(' Rumz X.. u SUdDMS10N (fNSTRUYlM xp. 1019pfid ' IN TRd SIRIR YCIISSIL L6ICU6, IDSTAICT Np. I51, C)TY Ol PR(IMOSIOpD, CILYddTOR CDI/NTY, TdlAS C RRSLRrdd 1 a"- �� O' IMDIO LABS IIDpm9dWp 99ia1WX _ �Y[ IBBOOyS10N col 9 l'•'•_ ptiw � IAIY u 9rAW �aW 'l+ Tv.R A1Grt�YlC AND Y.rrDlc m wu al 1715 TANNOS LAND HOLDING I FRIENDSWOOD, TEXAS 1OVBVJ.L-BMFLAN o C .N6R i o- Pa sm ,ire eievnror: TANNOS LAND HOLDING I 1715 FRIENDSWOOD, TEXAS al 1715 TANNOS LAND HOLDING I FRIENDSWOOD. TEXAS