HomeMy WebLinkAboutOrdinance No. 2021-24ORDINANCE NO. 2021-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, APPENDIX C — "ZONING," BY
AMENDING THE ZONING CLASSIFICATION FOR 3.65
ACRES OUT OF 18.0137 ACRES LOCATED ALONG FM 2351
(ADDRESS NOT YET ASSIGNED), THE 18.0137 ACRES
MORE FULLY DESCRIBED IN 4 TRACTS: 16.592 ACRES
OUT OF AND PART OF TRACT B AND C OF LOT 63 OF
THE COFFMAN AND HOIDALE SUBDIVISION, .0918
ACRES OUT OF AND PART OF TRACTS B AND C, OF LOT
63, OF THE COFFMAN AND HOIDALE SUBDIVISION, AND
.1119 ACRES OF LAND OUT OF AND PART OF DIVISION
B, OF LOT 63 OF THE HOIDALE-COFFMAN ADDITION
SUBDIVISION, A SUBDIVISION IN HARRIS COUNTY,
TEXAS OUT OF THE PERRY AND AUSTIN LEAGUE,
ABSTRACT 55, HARRIS COUNTY, TEXAS, AS RECORDED
IN VOLUME 3, PAGE 6, OF THE MAP RECORDS OF
HARRIS COUNTY, TEXAS; AND 1.218 ACRES KNOWN AS
RESTRICTED RESERVE I WITHIN THE PARTIAL PLAT
OF INDUSTRY PARK FRIENDSWOOD, FILM CODE 688395,
CITY OF FRIENDSWOOD, HARRIS COUNTY, TEXAS;
AMENDING THE ZONE CLASSIFICATION FROM
COMMUNITY SHOPPING CENTER (CSC) TO INDUSTRIAL
(I) SO THAT THE ENTIRETY OF THE REFERENCED
TRACTS WILL BE ZONED INDUSTRIAL (I); PROVIDING
FOR AMENDMENT OF THE OFFICIAL ZONING MAP;
PROVIDING A PENALTY IN AN AMOUNT NOT TO
EXCEED 52,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
]C X X ]C X ?C ]C X ]C X
WHEREAS, Coastal Bend Property Development, LP, represented by Daniel Rucker, is
the Owner of the tract located at along FM 2351 (address not yet assigned), also known as 18.0137
acres consisting of four tracts as described: 16.592 acres out of a 19.4825 acre tract, being Tract B
and C of Lot 63 of the Coffman and Hoidale Subdivision, a subdivision in Harris County, Texas
out of the Perry and Austin League, Abstract 55, Harris County, Texas, as recorded in Volume 3,
Page 6, of the Map Records of Harris County, Texas; .0918 acres out of a 19.4825 acre tract, being
Tracts B and C, of Lot 63, of the Coffman and Hoidale Subdivision, a subdivision in Harris
County, Texas out of the Perry and Austin League, Abstract 55, Harris County, Texas, as recorded
Page 6, of the Map Records of Harris County, Texas; .1119 acre tract of land located in t11e ]Perry
and Austin League, Abstract 55, Harris County, Texas, being out of and part of Division B, of Lot
63 of the Hoidale-Coffman Addition Subdivision as recorded in Volume 3, Page 6, Harris County
Map Records, . l 119 acre tract being out of and a part of 19.4825 acre tract filed under Harris County
Clerk file No. RP-2019-182701; and 1.218 acres known as Restricted Reserve I within the Partial
Plat of Industry Park Friendswood, a subdivision of 9.7462 acres out of Lot 63 Divisions "B" & "C"
and Lots 64 Division "D" of Hoidale-Coffman addition, Volume 3, Page 6, Harris County Map
Records in the Perry and Austin League, Abstract 55, City of Friendswood, Harris County, Texas ,
as also depicted in Exhibit "A" incorporated herein by reference, (the "Property"); and
WHEREAS, the Owner previously made application to the City to change the zoning
classification of the Property from Community Shopping Center (CSC) to Industrial (I); 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 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
Ord. No. 2021-24 2
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 and incorporated by reference, including the representations of
Applicant, (as referenced in its Zone Change Application), the final report from the Planning &
Zoning Commission, and the minutes of City Council, which City Council is specifically relying
upon in adopting this Ordinance, as provided hereafter.
Section 2. The Friendswood City Code, Appendix C, "Zoning," Section 3, "Provision
for Official Zoning Map," is hereby amended, rezoning the Property identified in the attached
Exhibit "A", from Community Shopping Center (CSC) to Industrial (I), but otherwise consistent
and subject to the current Zoning Code, and related conditions contained therein.
Section 3. 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 4. This Ordinance shall in no manner amend, change, supplement or revise any
provision of any ordinance of the City of Friendswood, save and except the change in zoning
classification of said Property as conditioned and described above.
Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance shall
for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it
shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City 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.
Ord. No. 2021-24 3
Section 6. Any person who shall willfully, intentionally, or with criminal negligence
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in an amount not to exceed $2,000.00. Each day of violation
shall constitute a separate offense.
PASSED AND APPROVED on first reading this 13th day of SEPTEMBER, 2021.
ATTEST:
LETICIA BRYSCH, City
APPROVED AS TO FORM:
MAR AY FI HER, City Attorney
FtIENpS'`�
U
*� CO
PASSED, APPROVED AND ADOPTED on second and final reading this 4th day of
OCTOBER, 2021.
APPROVED AS TO FORM:
- M" �� ;g�
MARY IaY FIS ER, City Attorney
Ord. No. 2021-24 4
Exhibit "A"
1. Application
2. Deed and Metes and Bounds Description
3. Plat
4. Aerial Map
5. Location Map
6. Zoning Map
CltyofFrl iendswood — Community Development
910 S. Friendswood Drive
JUN 21 2021 Friendswood, TX 77546
Phone: 281-996-3201 Fax: 281-996-3260
RecNvedb : ww.ci.friendswood.tx.us
Zone Change Application
CURRENT ZONE OF PROPERTY: CSC
TYPE OF ZONE CHANGE (check one):
Land Use Change to Zone: I
❑ Planned Unit Development Option 1
❑ Planned Unit Development Option 2
❑ Specific Use Permit Option 1
❑ Specific Use Permit Option 2
SUP for Use(s) #:
PROPERTY IDENTIFICATION:
Address: See attached Exhibit A for all tracts
Platted Land — Plat Name: Lot: Block:
Unplatted Land — Attach a certified metes and bounds description
OWNER NAME: Coastal Bend Property Development, LP Phone:281-648-1268
Owner's Mailing Address: 4558 FM 2351
City: Friendswood
State: TX Zip: 77546
Owner's Email Address: drucker@cbpd.net
AGENT'S NAME: Stephanie Canady
Fax: 281-648-0832
Phone: 281-648-1268
Agent's Mailing Address: 4558 FM 2351
City: Friendswood State: TX —zip* 77546 Fax: 281-648-1268
Agent's Email Address: scanady@cbpd.net
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 requ t approval by the ity C% on the above identified zone change.
Owner's Signature �` >✓,/ Date: 6-15-21
Agent's Signature:_S^ : Date: 6-15-21
n Application Number: ^ 1
Received By: 1 Received Date:
Date of Public Hearing: Newspaper Notice:
Property Owner Notices: :1—3D _ Sign on Property:
Revised 11-01-18 Page 1 of 2
Submittal Requirements for Zone Change Applications
ALL APPLICATIONS - PUD and SUP Options 1 and 2, Land Use Changes
[] Application Fee of $300 (PUD $500)
(Changes into Downtown District may be eligible for fee waiver)
F Current Deed of Record
Q Most recent plat OR Certified Metes and Bounds Description (including name, address and
telephone number of surveyor)
PUD Option 1
This option allows all plans, including the
site plan, to be approved as a part of the
zone change request and is a one-time
submittal. See Zoning Ordinance Section
7.J. for more specific plan requirements.
5 — 24" x 36" sets of collated plans
including a cover sheet, overall site plan,
landscape plan, building elevations, and
photometric plan
2 — 24" x 36" sets of collated plans
including Engineered drainage, utility,
grading and storm water plans (per the
City of Friendswood Design Criteria
Manual)
2 — 24" x 36" sets architectural plans
including mechanical, electrical and
plumbing plans
Specific Use Permit Option 1
This option allows all plans, including the
site plan, to be approved as a part of the
SUP request and is a one-time submittal.
See Zoning Ordinance Section 9.G.3. for
more specific plan requirements.
5 — 24" x 36" sets of collated plans
including a cover page, site plan,
landscape plan, photometric plan, building
elevations, tree survey and mitigation plan
2 — 24" x 36" sets of collated plans
including Engineered drainage, utility,
grading and storm water plans (per the
City of Friendswood Design Criteria
Manual)
2 — 24" x 36" sets architectural plans
including mechanical, electrical and
plumbing plans
PUD Option 2
This option will require the applicant to
apply for site plan approval from the
Planning and Zoning Commission at a later
date if the zone change to PUD is
approved. At the time of site plan approval
all information contained in the conceptual
plan shall be certified by an engineer
and/or surveyor.
5 — 24" x 36" sets of collated plans
including a cover sheet or letter describing
the project, an overall site plan and
building elevations
See Zoning Ordinance Section 7.J. for
more specific plan requirements.
Specific Use Permit Option 2
This option allows utility and drainage
plans be submitted with the building permit
application at a later date if the SUP is
approved.
5 — 24" x 36" sets of collated plans
including a cover sheet, site plan,
landscape plan, photometric plan, building
elevations, tree survey and mitigation plan
See Zoning Ordinance Section 9.G.3. for
more specific plan requirements.
Revised 10-28-15 Page 2 of 2
Electronically Recorded
REC#: ZVIC06Sy 76
COUNTY: A94W.1
DATE:
WARRANTY DEED WITH VENDOR'S LIEN
NOTICE OF CONFIDENTIALITY RIGHTS: 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.
Date: February A 2015
Grantor: BSR, L.L.C., a Texas limited liability company, acting herein by and through its
duly authorized Managing Members, MARYLYN REED and JASON
ALEXANDER
Grantor's Mailing Address (including county):
307 East Edgewood
Friendswood, Galveston County, Texas 77546-3822
Grantee: COASTAL BEND PROPERTY DEVELOPMENT, LP, a Texas limited partnership
Grantee's Mailing Address (including county):
4558 FM 2351 Road
Friendswood, Harris County, Texas 77546-2820
Consideration:
For Ten and No/100 Dollars ($10.00) and a Note of even date that is in the principal
amount of FOUR HUNDRED SEVENTY-FIVE THOUSAND AND N0/100
DOLLARS ($475,000.00), and is executed by Grantee, payable to the order of
Grantor. It is secured by a vendor's lien retained in this Deed and by a Deed of Trust
of even date from Grantee to Keith A. Mullins, Trustee.
Property (including any improvements):
TRACT 1:
A tract of land containing 16.592 acres, more or less, out of a 19.4825 acre tract, being
Tracts B and C, of Lot Sixty -Three (63) of the COFFMAN AND HOIDALE
SUBDIVISION, a subdivision in Harris County, Texas, out of the Perry and Austin
League, Abstract 55, Harris County, Texas, as recorded in Volume 3, Page 6, of the
Map Records of Harris County, Texas, and being more particularly described by
metes and bounds on Exhibit "A" attached hereto and made a part hereof for all
purposes. &Clq ""''6"TILED BY
ALAMO TITLE COMPANY
SAVE AND EXCEPT that certain tract of land, known as Restricted Reserve "A", of
Final Plat of BSR SUBDIVISION NUMBER ONE (1) - 5.450 ACRES, a subdivision
in Harris County, Texas, according to the map or plat thereof, recorded at Film Code
Number 646183, of the Map Records of Harris County, Texas.
TRACT 2:
Restricted Reserve "A", of Final Plat of BSR SUBDIVISION NUMBER ONE (1) -
5.450 ACRES, a subdivision in Harris County, Texas, according to the map or plat
thereof, recorded at Film Code Number 646183, of the Map Records of Harris County,
Texas.
TRACT 3:
A tract of land containing 0.0918 acres, more or less, out of a 19.4825 acre tract, being
Tracts B and C, of Lot Sixty -Three (63), of the COFFMAN AND HOIDALE
SUBDIVISION, a subdivision in Harris County, Texas, out of the Perry and Austin
League, Abstract 55, Harris County, Texas, as recorded in Volume 3, Page 6, of the
Map Records of Harris County, Texas, and being more particularly described by
metes and bounds on Exhibit "A" attached hereto and made a part hereof for all
purposes.
Reservations from and Exceptions to Conveyance and Warranty:
Easements, rights -of -way, and prescriptive rights of record; all presently recorded
instruments, other than liens and conveyances, that affect the Property. Taxes for the
current year have been prorated and are assumed by Grantee.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee,
Grantee's legal representatives, successors, or assigns forever. Grantor binds Grantor and Grantor's
legal representatives, successors and assigns to warrant and forever defend all and singular the
Property to Grantee and Grantee's legal representatives, successors, and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
The vendor's lien against and superior title to the Property are retained until the Note
described 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.
GRANTEE ACCEPTS THE PROPERTY "AS IS", IN THE PRESENT CONDITION OF THE
PROPERTY WITH ANY AND ALL DEFECTS AND WITHOUT ANY WARRANTY, EXPRESS OR
IMPLIED, EXCEPT FOR THE GENERAL WARRANTY OF TITLE CONTAINED HEREIN AND
EXCEPT FOR ANY REPRESENTATIONS AND/OR WARRANTIES CONTAINED IN THE
CONTRACT BY AND BETWEEN GRANTOR AND GRANTEE WHICH SURVIVE THE CLOSING
OF THIS TRANSACTION.
BSR, L.L.q., a Texas limited liability company
Name: �tIALYN REED
Title: Ma ging Member
Byd.ASONAAEXANDER
Na
Titanaging Member
AGREED TO AND ACCEPTED BY:
COASTAL BEND PROPERTY
DEVELOPMENT, LP, a Texas limited partnership
By: CBPD MANAGEMENT, LLC, a Texas
limi liability company,
Ge ra Partner
By:
Name: DAMF4eff. R
Title: Managing Me r
By:
L
Name: MCHARD L. KIN L, JR.
Title: Managing Member
THE STATE OF TEXAS {}
COUNTY OF HARRIS {}
1
This instrument was acknowledged before me on the-4ay of February, 2015, by
MARYLYN REED, Managing Member of BSR, L.L.C., a Texas limited liability company, on behalf
of said company.
=%OW
No ary Public ate o exas
Nxas Notary's pr' ted na
wNotary's commission expires:
THE STATE OF TEXAS {}
COUNTY OF HARRIS {}
This instrument was acknowledged before me on the6day of February, 2015, by JASON
ALEXANDER, Managing Member of BSR, L.L.C., a Texas limited liability company, on behalf of said
company. 9 �Y
r c
G HEFNER otary Publi tat of Texas
Notary Public, State Of Taxes Notary's p nted na e•
My CommIsSlOn EXPIes
MAY 091 2010 Notary's commission expires:
THE STATE OF TEXAS {}
COUNTY OF HARRIS {}
L
This instrument was acknowledged before me on the // day of February, 2015, by DANIEL
D. RUCKER, Managing Member of CBPD MANAGEMENT, LLC, a Texas limited liability company,
General Partner of COASTAL BEND PROPERTY DEVELOPMENT, LP, a Texas limited
partnership, on behalf of said company and partnership.
r.. rlsa?�y}.Sf- ] .. u+" ;.i Fr:K?�': "t�'4.1.m"t'n���{?•' .
Not yNUlciic ,uS:dv, `ipra:;
�yC V L
THE STATE OF TEXAS {}
COUNTY OF HARRIS {}
Notary Ppb`lic, tate of Texas
Notaryprin d name'
Notary's commission expires:
loll
G HEFNER
Notary Public, State of Texas
My Commission Expires
MAY 09, 2016
,LI'
This Instrument was acknowledged before me on the day of February, 2015, by
RICHARD L. KINSEL, JR., Managing Member of CBPD MANAGEMENT, LLC, a Texas limited
liability company, General Partner of COASTAL BEND PROPERTY DEVELOPMENT, LP, a Texas
limited partnership, on behalf of said company and partnership.
- ..'!�'�'sn'T,��.,�,55.�75'j4iR.Ji''F•`.f""�4irf t
���'pi�'(�iif pL•C3ir �. �, . �,� 't3: 33
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MA'>s
Q HEFNER
Notary Public, Stab of Tom
My Commission Expires
MAY 09, 2016
(11A* t1eeo%Feb 2015122-14845068-Gn)
Notary Publi t to of Texas
Notary's pri ted ame:
Notary's commission expires:
EXHIBIT "A"
TRACT 1:
A tract of land containing 16.592 acres, more or less, out of a 19.4825 acre tract, being Tracts B and C, of
Lot 63 of the Coffman and Holdale Subdivision of the Perry and Austin League, Abstract 55, Hams
County, Texas, as recorded in Volume 3, Page 6, Harris County Map Records, and being more
particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found in the northerly right-of-way line of F.M. 2351 (120' R.O.W.) said
iron rod marking the common line between Lots 63 and 64, said point being the most southeasterly corner
of Lot 63 and the most southwesterly corner of Lot 64;
Thence S. 430 39' 30" W., along said northerly line, a distance of 100.01 feet to a 1/2 inch iron rod set for
corner;
Thence N. 45° 00' 38" W., a distance of 260.46 feet to a 1/2 inch iron rod set for corner:
Thence S. 43° 54' 59" W., a distance of 195.00 feet to a 1/2 inch iron rod set for corner:
Thence S. 45° 00' 38" E., a distance of 51.82 feet to a 1/2 Inch iron rod set for corner;
Thence S. 44° 59' 22" W., a distance of 125.00 feet to a 1/2 inch iron rod set for corner:
Thence S. 45° 00' 38" E., a distance of 5.00 feet to a 5/8 inch iron rod found for corner;
Thence S. 440 59' 22" W., a distance of 200.00 feet to a 1/2 inch iron rod found for comer;
Thence S. 45° 00' 38" E., a distance of 20.00 feet to a 1/2 inch iron rod set for comer;
Thence S. 440 59' 22" W., a distance of 40.00 feet to a 1/2 inch iron rod set for the South corner of the
herein described tract in the line common to Tracts A and B;
Thence N. 45° 00' 38" W., along said line, a distance of 1105.98 feet to a 1/2 inch iron rod found marking
the most westerly corner of the herein described tract, said point being the common northwesterly corner
of Tracts C and D;
Thence N. 45° 40' 00" E., a distance of 660.00 feet to a railroad spike found marking the most northerly
corner of the herein described tract, said point being the common northeasterly corner of Tracts C and D;
Thence S. 45° 00' 38" E., along the line common to Tracts C and D, a distance of 1275.84 feet to the
Point of Beginning, and containing 16.592 acres of land, more or less.
SAVE & EXCEPT that certain tract of land, known as Restricted Reserve "A", of Final Plat of BSR
SUBDIVISION NO. 1 - 5.450 ACRES, a subdivision in Harris County, Texas, according to the map of plat
thereof recorded at Film Code No. 646183 of the Map Records of Harris County, Texas.
EXHIBIT "A"
(continued)
TRACT 2:
Restricted Reserve "A", of Final Plat of BSR SUBDIVISION NO.1 - 5.450 ACRES, a subdivision in Harris
County, Texas, according to the map or plat thereof recorded at FilmCode No. 646183 of the Map
Records of Hams County, Texas.
TRACT 3:
A tract of land containing 0.0918 acres, more or less, out of a 19.4825 acre tract, being Tracts B and C, of
Lot 63 of the Coffman and Hoidale Subdivision of the Perry and Austin League, Abstract 55, Harris
County, Texas, as recorded in Volume 3, Page 6, Hams County Map Records, and being more
particularly described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod set for the most southerly corner of the herein described tract at a point
located N. 440 59' 22" E., a distance of 40.00 feet from the South corner of Tract 1 as described above;
Thence N. 440 59' 22" E., a distance of 200.00 feet to a 1/2 inch iron rod set marking the most easterly
corner of the herein described tract;
Thence N. 45° 00' 38" W., a distance of 20.00 feet to a 5/8 inch iron rod found marking the most northerly
corner of the herein described tract;
Thence S. 44° 59' 22" W., a distance of 200.D0 feet to a 1/2 inch iron rod Bound marking the most
westerly corner of the herein described tract;
Thence S. 450 00' 38" E., a distance of 20.00 feet to the Point of Beginning, and containing 0.0918 acre
of land, more or less.
L
Cf)
20150084708
T-
# Pages 8
'
03/03/2015 09:57:11 AM
e-Filed & e-Recorded in the
Official Public Records of
CD
HARRIS COUNTY
C)
STAN STANART
W
COUNTY CLERK
Uj
Fees 40.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE or TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
'4YCOMCUM
wm come, MM .
RP-2020-289010
07/01/2020 ER $26.00
SPECIAL WARRANTY DEED
NOTICE OF CONFIENTIALLY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENTS THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORED IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER
Date: June :2+{ , 2020
Grantor: COASTAL BEND LAND INVEST ENS, LP, a Texas limited partnership
Grantor's Mailing Address (including county):
4558 FM 2351 Road
Friendswood, Harris County, Texas 77546
Grantee: Coastal Bend Property Development, LP, a Texas limited partnership
Grantee's Mailing Address (including county):
4558 FM 2351 Road
Friendswood, Harris County, Texas 77546-2820
Consideration: For Ten and No/100 Dollars and other valuable consideration
Property (including any improvements):
3
BEING a 0.119 acre tract of land located in the Perry and Austin League, Abstract 55,
J Harris County, Texas, being out of and a part of Division B, of Lot 63 of the HOIDALE-
J COFFMAN ADDITION Subdivision as recorded in Volume 3, Page 6, Harris County
1 Map Records, 0.1119 acre tract being out of and a part of 19.4825 acre tract filed under
Harris County Clerk File No. RP-2019-182701, said 0.1119 acre tract being more
particularly described on Exhibit "A" attached hereto and made a part hereof for all
purposes.
Reservation from and exceptions to Conveyance and Warranty:
Any and all restrictions, easements, mineral reservations, and other matters of record, to
the extent they are validly existing and applicable to the Property.
Taxes for the current year are assumed by Grantee.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular
the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's legal
representatives, successors and assigns forever, Grantor binds Grantor and Grantor's heirs, executors,
administrators, successors and assigns to warrant and forever defend all and singular the property to
Grantee and Grantee's legal representatives, 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 to the reservations from the exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
Grantor has executed and delivered this Special Warranty Deed and has granted,
bargained, sold and conveyed the Property and Grantee has received and accepted this Special Warranty
Deed and has purchased the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, EXCEPT SOLELY THE WARRANTY SO TITLE EXPRESSLY SET FORTH
HEREIN.
DANIEL P. RUCKER, PRESIDENT
COASTAL -BEND LAND INVESTMENTS, LP
A TEXAS LIMITED PARTNERSHIP
The State of Texas
Countyof H.Arcis
This instrument was acknowledged before me on the day of June, 2020, by
Daniel D. Rucker, President, of COASTAL BEND LAND INVESTMENTS, LP, A TEXAS
j LIMITED PARTNERSHIP.
a �
t, !tosl pu 6P. STEPHANIE CANADY
Notary Public, State of Taxes Notary Public, State of Texas
a ="= Comm. Expires 07-16-2023 Notary's Printed Name: 31* C avt
'�:cFiE;o•
Notary ID 130296644
Notary's commission expires: 7 -15 -2-3
EXHIBIT "A"
BEING a 0.119 acres tract of land located in the Perry and Austin
League, Abstract 55, Harris County, Texas, being out of and a part of
Division B, of Lot 63 of the HOIDALE-COFFMAN ADDITION
Subdivision as recorded in Volume 3, Page 6, Harris County Map
Records, 0.1119 acre tract being out of and a part of 19.4825 acre tract
filed under Harris County Clerk File No. 005-71-1739, said 0.119 acre
tract being more particularly described as follows:
BEGINNING at a 5/8" iron rod found for the northerly corner of
EAGLE SUBDIVISION according to the map or plat thereof recorded
in Volume 390 Page 134 of the Map Records of Harris County, Texas:
THENCE North 48' 18' 48" West, a distance of 25.00 feet to a capped
iron found for the northerly corner of the herein described tract;.
THENCE South 40' 36' 49" West, a distance of 195.00 feet to a capped
iron found for the westerly corner of the herein described tract;
THENCE South 481 18' 48" East, a distance of 25.00 feet to a 5/8" iron
rod found for the westerly corner of said EAGLE Subdivision;
THENCE North 400 36' 49" East, along and with the westerly line of
said EAGLE Subdivision a distance of 195.00 feet to the POINT OF
BEGINNING.
RP-2020-289010
# Pages 4
07/01/2020 03:58 PM
e-Filed & e-Recorded in the
Official Public Records of
HARRIS COUNTY
CHRIS HOLLINS
COUNTY CLERK
Fees $26.00
r
J
i
J
J
I
j RECORDERS MRMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
0of .
NA,es �
0
�'
�y �\ ,i COUNTY CLERK
��� 1� HARRIS COUNTY, TEXAS
Original Deed before Partial Plat of
Industry Park Friendswood
SPECIAL WARRANTY DEED
Electronically�Rrecorded
REG #--�� —r-
CQiJN'tl'.._
DAi1- " ?"
NOTICE OF CONFIDENTIALITY RIGHTS: 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 NUMBEP,
Date: April a_, 2015
Grantor: FREEMAN HOLDINGS OF TEXAS, L.L.C., a Texas limited liability company, acting
herein by and through its duly authorized Sole Member, FRANCIS B. FREEMAN,
JR.
Grantor's Mailing Address (including county):
16221 Foster Street
Overland Park, Johnson County, Kansas 66085-8418
Grantee: COASTAL BEND PROPERTY DEVELOPMENT, LP, a Texas limited partnership
Grantee's Mailing Address (including county):
4558 FM 2351 Road
Friendswood, Harris County, Texas 77546-2820
Consideration: For Ten and No/100 Dollars and other valuable consideration.
Property (including any improvements):
A 95455 acre trat of land being out of and a part of Division A, Lot Sixty -Three (63)
of HOIDALE AND COFFMAN SUBDIVISION, of the Perry and Austin League,
Abstract 55, in Friendswood, Harris County, Texas, according to the map or plat of
same recorded in Volume 3, Page 6 of the Map Records of Harris County, and being
that same 9.5455 acre tract of land conveyed to Freeman Holdings, L.L.C., as
described in Deeds recorded under County Clerk's File Nos. W 176134, 20070519344,
20070519345. 20080057856, 20080057863 and 20090356404, all of the Real Property
Records of Harris County, Texas, said 95455 acre tract of land being more
particularly described by metes and bounds on Exhibit "A" attached hereto and made
a part hereof for all purposes.
i}7C9 No4 ceb,�s`
FILED BY
ALAitJiMLE GOMPAMY
Reservations from and exceptions to Conveyance and Warranty:
1. Restrictive Covenants filed for record under Harris County Clerk's
File Numbers 20070519344 and 20150141378. _
2. Easement(s) for the purpose(s) shown below and ridghts incidental
thereto, as granted in a document:
Purpose: roadway easement
Recording No.:Volume 3, Page 6 of the Map Records of Harris County, Texas
Affects: Forty feet (40') in width along the Southwesterly Property line
as shown on Survey dated June 3, 2008, revisesd on May 13, 2014,
prepared by James H. Thomas, R.P.L.S. No. 5736, Job No. 15256.
3. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed in
Volume 1070, Page 65 of the Deed Records of Harris County, Texas.
4. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed in
Volume 1067, Page 78 of the Deed Records of Harris County, Texas.
5. Interest in and to all coal, lignite, oil, gas and other minereals, and all
rights incident thereto, contained in instrument recorded/filed under
Harris County Clerk's File Number T937266.
6. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed under
Harris County Clerk's File Number U059011.
7. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed under
Harris County Clerk's File Number U281794.
8. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed under
Harris County Clerk's File Number(s) 20070519344 and 20070519345.
9. Interest in and to all coal, lignite, oil, gas and other minerals, and all
rights incident thereto, contained in instrument recorded/filed under
Harris County Clerk's File Number(s) 20080057856 and 20080057863.
10. Lease for coal, lignite, oil, gas or other minerals, together with rights
incident thereto, dated August 2,1934, recorded in Volume 245, Page
388 of the Contract Records of Harris County, Texas. Said Lease
assigned to Humble Oil & Refining Company by instrument recorded
In Volume 251, Page 124 of the Contract Records of Harris County,
Texas.
11. Lease for coal, lignite, oil, gas or other minerals, together with rights
incident thereto, dated September 8, 1934, recorded in Volume 248,
Page 449 of the Contract Records of Harris County, Texas. Said Lease
pooled by Agreement recorded in Volume 285, Page 459 of the
Contract Records of Harris County, Texas. - — - -
Unit Agreement as set out in instrument filed under Harris County
Clerk's File Number D963691.
12. Lease for coal, lignite, oil, gas or other minerals, together with rights
incident thereto, dated September 19, 2012, recorded at Harris County
Clerk's File Number 20120564557.
13. Any rights, interests, or claims which may exist or arise by reason of
the following matters disclosed by Survey:
Job No.: 15256
Dated: June 3, 2008
Prepared by: James H. Thomas, R.P.L.S. No. 5736
Matters shown: proposed future one hundred twenty foot (120') right-
of-way for Blackhawk Boulevard along the North -
Westerly Property line.
Taxes for the current year have been prorated and are assumed by Grantee.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee,
Grantee's legal representatives, successors and assigns forever, Grantor binds Grantor and Grantor's
legal representatives, successors and assigns to warrant and forever defend all and singular the
Property to Grantee and Grantee's legal representatives, 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 to the reservations from and exceptions to conveyance and
warranty.
When the context requires, singular nouns and pronouns include the plural.
Grantor has executed and delivered this Special Warranty Deed and has granted, bargained,
sold and conveyed the Property, and Grantee has received and accepted this Special Warranty Deed
and has purchased the Property, AS IS, WHERE IS, AND WITH ALL FAULTS, AND WITHOUT
ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER EXCEPT FOR THE SPECIAL
WARRANTY OF TITLE AS HEREIN PROVIDED, EXPRESS OR IMPLIED, WRITTEN OR ORAL.
IT BEING THE INTENTION OF GRANTOR AND GRANTEE TO EXPRESSLY REVOKE,
RELEASE, NEGATE, AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES EXCEPT
FOR THE SPECIAL WARRANTY OF TITLE AS HEREIN PROVIDED, INCLUDING, BUT NOT
LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES AS TO (i) THE CONDITION OF THE PROPERTY OR ANY ASPECT THEREOF,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED
REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR HABITATION,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (u) THE
NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN, OR ENGINEERING OF
THE IMPROVEMENTS; (iii) THE QUALITY OF THE LABOR OR MATERIALS INCLUDED IN
THE IMPROVEMENTS; (iv) THE SOIL CONDITIONS, DRAINAGE,. TOPOGRAPHICAL
FEATURES, OR OTHER CONDITIONS OF THE PROPERTY OR WHICH AFFECT THE
PROPERTY; (v) ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY
WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL,
CASH FLOW, OR OTHERWISE; (vl) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY
DESCRIPTION OF THE PROPERTY; (vui) ANY ENVIRONMENTAL, GEOLOGICAL,
METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE
ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTERAFFECTING IN ANY MANNER
ANY OF THE PROPERTY; and (viii) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND
REPRESENTATIONS BY GRANTOR WHATSOEVER, EXCEPT SOLELY THE SPECIAL
WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN.
FREEMAN HOL INGS OF TEXAS, L.L.C.,
a Texa li ited 1' bility co
By; ✓ �o�� `crbc�c
Name: FRANCIS B. FREEMAN, JR.
Title: Sole Member
AGREED TO AND ACCEPTED BY:
COASTAL BEND PROPERTY DEVELOPMENT, LP,
a Texas limited partnership
By: D MANAGEMENT, LLC, a
e limited 'ability mpany,
Gen Pa
By: v
Name: hANIEL D. RUCKkR
Title: Managing / be
By:
Name: RICHARD L. KINSEL, JR
Title: Managing Member
J&Mt05 {}►a )THE STATE OF
COUNTY OF aA�AN {}
This instrument was acknowledged before me on the day of April, 2015, by FRANCIS
B. FREEMAN, JR., Sole Member of FREEMAN HOLDINGS OF TEXAS, L.L.C., a Texas limited
liability company, on behalf of said company.
IETTYCHA GONZALEZ
vy4 f. Nowv Public Notary
r� State of Lcj..swana
011aans Palish g
Nocary ID It 134603
My Cornm+ss on i3 for Life
Notary's
THE STATE OF TEXAS {i
COUNTY OF HARRIS {}
!ate o"
name: LL yc.�q 60rna,-Q,1
sion expires: upf),N jsx�
This instrument was acknowledged before me on the day of April, 2015, by DANIEL
D. RUCKER, Managing Member of CBPD MANAGEMENT, LLC, a Texas limited liability company,
General Partner of COASTAL BEND PROPERTY DEVELOPMENT, �P, a Texas limited
partnership, on behalf of said company and partnership. �., / /
G. HEFNER
Notary Public, Stale of Texas
My Comr(iasion E)Orm"
MAY 09, 2016
THE STATE OF TEXAS {}
COUNTY OF HARRIS {}
Notary Ydblic, S of
Notary's prip6d n e:
Notary's tommdion expires:
This instrument was acknowledged before me on the 4day of April, 2015, by RICHARD
L. KINSEL, JIL, Managing Member of CBPD MANAGEMENT, LLC, a Texas limited liability
company, General Partner of COASTAL BEND PROPERTY DEVELOPMENT, LP, a Texas limited
partnership, on behalf of said company and partnership.
Cx HEF!�ER �
Nc°ry Puy" ' ' " T° Notary ublic, Sta of Texas
My CoF .fires
m.
MAY Oy, Lo16 No
ta sprinted nam
Notary's expires:
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Fteldnotes for a 9.5455 acre tract of land being out of and a part of Division A, Lot 63 of the Hoidale and
Coffman Subdivision of the Perry and Austin League, Abstract 55, in Friendswood, Harris County, Texas
according to the reap or plat of same recorded m Volume 3 Page 6 of the Map Records of Harris County,
and being that same 9.5455 acre tract of land conveyed to Freeman Holdings, L.L.C., as described in deeds
recorded under County Clerk's File Nos. W176134, 20070519344, 20070519345, 20080057956,
20030057863, and 20090356404. all of the Real Property Records of Harms County, said 95455 acre tract
of land being more particularly described by metes and bounds as follows -
BEGINNING at a 5/8 inch steel rod with cap set in the Northwest line of FM Kghway No. 2351, based
on a 120 foot rigbt-of-way, at its intersection with the common time between said Division A and Division
B, Lot 63 of said Hoidale and Coffman. Subdivision. said point being the most Easterly corner of the said
95455 acre tract and the herein described tract, said point also being the most Southerly corner of Lot 1,
Friendswood City Texaco, a subdivision recorded under Film Code No. 375112 of the said Map Records;
Thence, South 45°36'09" West, 660.00 feet with the Northwest line of said FM Eighway No. 2351 to a
5/8 inch steel rod with cap set for the most Southerly comer of the herein described tract, said point
also being the most Easterly corner, of that certain 29.3726 acre tract of land conveyed to Baham
Interests Limited Partnership, as described in deed recorded under County Cleric's File No_
20120548043 of the said Real Property Records, and being in the common Southwest line of said
Division A of Lot 63 and the Northeast line of Division B. Lot 62 of said Hoidale and Coffman
Subdivision;
Thence, North 45°00'38" West, 630.04 feet with the common line between said Lots 62 and 63, and with
the Northeast line of said 29.3726 acre tract to a 5/8 inch steel rod found marking the most Westerly
cornet of said Division A and the herein described tract, said point also being the most Southerly
corner of that certain 10 acre tract conveyed to Primavera Resources, Inc. as described in deed
recorded under County Clerk's File No. S558282 of the said Real Property Records, said point also
being the common corner of Divisions B and C of Lot 62 and Divisions A and D of Lot 63 of said
Hoidale and Coffman Subdivision;
Thence, North 45036'09" East 660.00 feet with the Southeast line of the said 10 acre tract and with the
common line between Divisions A and D of said Lot 63 to a 5/8 inch steel rod with cap set for tho
most Northerly corner of the herein described tract, said point being the common corner of Divisions
A. B, C, and D of said Lot 63, said point also being in the Southwest line of that certain 16592 acre
tract of land conveyed to BSR, L.L.C., as described at deed recorded under County Clerk's File No.
20090099800 of the said Real Property Records;
Thence, South 45"00'38" East with the Southwest line of the said 16592 acre tract and the common line
between Divisions A and B, at 445.19 feet passing the most Westerly corner of aforesaid
Friendswood City Texaco, and continuing with the Southwest lime of said Friendswood City Texaco
in all, a total distance of 630.04 feet to the PLACE OF BEGINNING and containing 95455 acres or
415,803 square Feet of land, more or less.
gfwmas Land Surveying
Surveying • Planning • Project Management
May 14, 201 1
9.5455 Acres
Fieldnotes for a 9,5455 acre tract of land being out of and a part of Division A. Lot 63 of the Hoidale and
Coffman Subdivision of the Perry and Austin League, Abstract 55. in Friendswood, Harris County, Texas
according to the map or plat of same recorded in Volume 3 Pat,*e 6 of the Map Records of Harris County.
and being that same 9.5455 acre tract of land conveyed to Freeman Holdings. L..L.C.. as described in deeds
recorded) under County Clerk's File Nos. W 176134. 20070519344. 2(H)70519345, 2(H)8(X)57856,
2(H)80057863, and 20090356404, all of the Real Property Records of Harris County, said 9.5455 acre tract
of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch steel rod with cap set in the Northwest line of F.M. Highway No. 2351. based
on a 120 foot right-of-way. at its intersection with the common line between said Division A and Division
B. Lot 63 of said Hoidale and Coffman Subdivision, said point being the most Easterly corner of the said
9.5455 acre tract and the herein described tract, said point also being the most Southerly corner of Lot 1.
Friendswood City Texaco, a subdivision recorded under Film Code No. 375112 of the said Map Records;
Thence, South 45'36'09" West. 660.00 feet with the Northwest line of said F.M. Highway No. 2351 to a
5/8 inch steel rod with cap set for the most Southerly corner of the herein described tract, said point
also being the most Easterly corner of that certain 29.3726 acre tract of land conveyed to Baham
interests Limited Partnership, as described in deed recorded under County Clerk', File No.
20120548043 of the said Real Property Records, and being in the common Southwest line of said
Division A of Lot 63 and the Northeast line of Division B. Lot 62 of said Hoidale and Coffman
Subdivision:
Thence, North 45'00'38" West. 630.04 feet with the common line between said Lots 62 and 63, and with
the Northeast line of said 29.3726 acre tract to a 5/8 inch steel rod found marking, the most Westerly
corner of said Division A and the herein described tract, said point also being the most Southerly
corner of that certain 10 acre tract conveyed to Primavera Resources, file. as described in deed
recorded under County Clerk's File No. S558282 of the said Real Property Records, said point also
beins the common corner of Divisions B and C of Lot 62 and Divisions A and D of Lot 63 of said
Hoidale and Coffman Subdivision;
Thence. North 45'36'09" East 660.(X) feet with the Southeast line of the said 10 acre tract and with the
common line between Divisions A and D of said Lot 63 to a 5/8 inch steel rod with cap set for the
most Northerly corner of the herein described tract. said point being the common corner of Divisions
A. B. C, and D of said Lot 63, said point also being in the Southwest line of that certain 16.592 acre
tract of land conveyed to BSR. L.L.C., as described in deed recorded under County Clerk's File No.
200900998(X) of the said Real Property Records:
Thence, South 45'0038" East with the Southwest line of the said 16.592 acre tract and the common line
between Divisions A and B. at 445.19 feet passing the most Westerly corner of aforesaid
Friendswood City Texaco. and continuing with the Southwest line of said Friendswood City Texaco
in all. a total distance of 630.04 feet to the PLACE OF BEGINNING and containimt 9.5455 acres or
415,803 square feet of land. more or less.
This description is based on the land title survey and plat (Job No. 15256) made tinder the direction of
Ja jie.sH.homas. Registere Professional Land Surveyor on July 21, 2007. and revised on May 7. 2014.
i f l t!6 rANA
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Ja tes . Thomas, R.P.L.S. No. 5736
Si i aC � 9s
14340 Torrey Chase Blvd., Suite 270 • Houston, Texas 77014
(281) 440-7730 • Fax (281) 440-7737
www.thomaslandsurveying.com e m
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(1) so that entire tract
is zoned Industrial (1)
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Subject Tracts:
18.0137 acres
a
Request: change
approx. 3.65 acres
from (CSC) zoning to
(1) so that entire tract
is zoned Industrial (I)
a j
Clear Brook
High School
6/23/2021, 4:05:41 PM 1:4,514
0 0.03 0.07 0.13 mi
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0 0.05 0.1 0.2 km
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c____� Parcels I
Esh Community Maps Contributors, City of Houston, Brazoria County, HPB,
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Bureau, USDA
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