HomeMy WebLinkAbout11122009 ZPC Agenda Item 3
The City of West University Place
r~
1... STAFF REVIEW OF PLAT REPLAT OR
AMENDING PLAT
ZONING & PLANNING COMMISSION FEE SUBMITTAL
***NOT A FORMAL APPLICATION for plat, rplat, or amending plat.
This is an application for staff review of.
❑ Plat Review (Box A)
❑ Replat Review (Box A)
❑ Amending Plat Review (Box B)
El Rezoning (Box C)
Box A - Plat or Replat Only
This is a: Preliminary application $500
+ $10 for each lot and/or reserve, l Ox_)
+$100 newspaper notice (if required)
+$100 for each additional instrument (easements, etc.)
+$100 for each Plat Review resubmittal
(Due at time of resubmission)
TOTAL DUE
TOTAL PAID
Box B -Amending Plat Only
This is a: Preliminary application $200
+ $10 for each lot and/or reserve, ($10x_)
+$100 for each additional instrument (easements, etc.)
+$50 for each Plat Review resubmittal
(Due at time of resubmission)
TOTAL DUE
TOTAL PAID
Box C - Rezoning
REZONING FEE $500 add 1470"14 (+additional deposit as determined by City Planner) h(y
=TOTAL REZONING FEES DUE fI 1 C QS
Initials of City Planner for additional deposit as required W, b
Name of Applicant (s) (Print): Kirby Retail Fund, LP
Location of Request (Address or Subdivision name): 5800 Kirby Dr.
Title of Plat (if Applicable):
Address of Applicant: 8441 Gulf Freeway, Suite 212, Houston, TX 77017-5065
Telephone: 713-641-5008 Fax: 713-641-6987
Emailaddress: rorkin@pdq.net
I u rstand that this payment is a deposit. The actual fee is the City's actual cost for this
servic The full actual cost for this service must be paid before the plat will be released to
,Appl' ant. This o o c I? quest for plat approval at this time. I understand that this is
fo 'orm taffy e ' w.
Si atureofApplicant's Agent Date October 23, 2009
Initials of employee collecting deposit. Docket# Q-CC ~r
*Applicant's Agent:
Wilson, Cribbs & Goren, P.C.
2500 Fannin
Houston, TX 77002
Phone: (713) 222-9000
Fax: (713) 229-8824
Reid C. Wilson
Email: rwilson2wcglaw.net
Cheryl Clare
Email: cclareAwcglaw.net
WCG
Wilson, Cribbs & Goren, P.C.
'A' t t o c 11 e y s a t L a W
October 23, 2009
HAND DELIVERED TO 3826 AMHERST
Zoning and Planning Commission
City of West University Place, Texas
Attn: Ms. Sallye Clark
3800 University Boulevard
West University Place, TX 77005-2899
Re: Request to rezone 5800 Kirby (the "Property") from PDD-TH2 to
C-Commercial
Dear Ms. Clark:
Please allow this letter to serve as a request for rezoning the Property from PDD-TH2 to
C-Commercial. The rezoning will facilitate the construction of a new single tenant retail building
once Shipley's vacates in December 2010. Unfortunately, Shipley's has declined to renew its
lease. Please place this request on the November 12, 2009 agenda of the Zoning and Planning
Commission meeting. This request is filed on behalf of Kirby Retail Fund, LP, owner of the
Property ("Owner"). The deed to Owner and the title policy reflecting its ownership is attached.
The location of Property is as shown on the enclosed copy of the City zoning map and HCAD
map.
While the Property has been used exclusively for commercial purposes for over 40
years, this site is currently zoned residential ("PDD-TH2"). After investigation by Owner and
conferences with City Staff, no one knows why this zoning conflict exists. The zoning
designation occurred in 1974, far before the 1984 comprehensive rezoning of the City. The
retail center to the south is also in the PDD-TH2 zone, as is the Meineke shop. This request
does not include those two (2) properties. All Kirby properties to the north are in the C-
Commercial zone. All of the Kirby PDD-TH2 and C-Commercial properties abut residential
single family zoned areas. No good municipal planning reason exists for this property to be
zoned other than C-Commercial. Townhouse is not, and never will be an economically viable
use of this parcel, which has too much inherent value as a retail location, even if limited to PNC
use of the existing building. This is not an expansion of Commercial uses, just the recognition
of the long existing Commercial uses and the fact that it will never change. Rezoning will permit
construction of a new building, fully compliant with current codes, and will permit Owner to
attract the highest quality retail tenant.
Owner will meet with any interesteFes ent property owners to discuss any concerns.
ectfullb ted
C. Ison
2500 FANNIN STREET • HOUSTON, TEXAS 77002 9 MAIN: (713) 222-9000 9 FAX: (713) 229-8824
Zoning and Planning Commission
City of West University Place
October 23, 2009
Page 2
G:AClients\4816\003\Rezoning\PZC Rezoning Letter (10-23-09).doc
Exhibits:
A- Deed
13- Title Policy
C- Zoning Map
t /X
Y1 591'~r
ST-L-WART TITLE Or HOUSTCIiL -r~~4 =Oubi91;'t :.20.25
`til-,? D~ 11 L / o 1R 5 - ~F•
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 PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVE'S LICENSE
NUMBER.
_ SPECIAL WARANTY DEED
WITH VENDOR'S LIEN
rl
i. Y05fL42
do
11!10700695977 26 Uz c
► THE STATE OF TEXAS. §
COUNTY OF HARRIS § r
Cr
1
JCP Interests L.L.C., Patricia Pollard Mullendore (also known as Patricia Pollard
Lichty), James A. Reichert and Patricia Pollard Mullendore (also known as Patricia Pollard
Lichty), Co-Trustees of the Testamentary Trust created under the Will of Jack Critz Pollard
("Grantor', whose address is c/o John Hopper, Falcon Gas Storage, 1776 Yorktown, Suite 500,
Houston, Texas 77056, for and.in consideration of the sum of Ten and No 100 Dollars ($10.00) C
paid to Grantor by Kirby Retail Fund LP, a Texas limited partnership ("Grantee ID whose
address is 8441 Gulf Freeway, Suite 312, Houston, Texas 77017, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and the further C
consideration of the payment of an amount of cash paid to Grantor by Encore Bank ("Lender',
at the instance and request of Grantee as evidenced by the execution and delivery by Grantee
(hereinafter defined) of that certain promissory note of even date herewith payable to the order of
Encore Bank in the principal sum of $340,000.00, bearing interest at the rate and being due and
payable as therein set forth, the payment of which note is secured by the Vendor's Lien herein
retained by Grantor and additionally secured by a deed of trust of even date herewith executed by c
Grantee to L. Anderson Creel, "Trustee, for the benefit of Lendor to which deed of trust reference ~
is hereby made for all purposes, has, subject to the exceptions hereinafter set forth, GRANTED,
SOLD, and CONVEYED and does hereby GRANT, SELL and CONVEY unto Grantee all of the
land located in Harris County, Texas, and being more particularly described in Exhibit A a
attached hereto and incorporated herein by reference (the "Land', together with the following: r
r
C
1. Any and all improvements now situated on the Land (the
"Improvements'D; 5
r
2. Any and all right, title and interest of Grantor in and to any land in the bed
of any street, road, avenue or alley (open, proposed or closed) in front of or adjoining the
Land _and any and all right, title and interest of Grantor, in and to any easements, rights-
of-way, rights of ingress or egress, or other interests in, on, or to any land, highway, '
street, road, avenue or alley (open, proposed or closed) in, on, or across, in front of,
abutting, or adjoiuginng the Land, and any awards made, or to be made in lieu thereof,
and in and to any unpaid awards for damage thereto by reason of a change of width or
grade of any such highway, street, road or avenue,. if any,
FiOUSTON:010636/0 000 8:96162 8 v2
3. Any and all right, title and interest of Grantor in and to the present of
.future use of sewage treatment capacity, wastewater, wastewater capacity, drainage,
water or other utility facilities to the extent same pertain to the real property or the
Improvements, including without limitation, all reservations of or commitments or letters
covering such use in the future, whether now or hereinafter acquired, and all other rights,
privileges and interests affecting or serving any or all of the Land;
4. Any and all right, title and interest of Grantor in and to any oil, gas or
other minerals or mineral rights of whatever nature or character in, on or beneath the
Land and or appurtenant thereto, if any;
The Land, together with any and all of the related improvements, appurtenances, rights
and interests referenced above, are hereinafter collectively referred to as the "Property
TO HAVE AND TO HOLD the Property, together with all rights and appurtenances
pertaining thereto in anywise belonging until Grantee, and Grantee's successors and. assigns
forever, subject to the matters herein stated and Grantor does hereby bind itself and its successors
and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property 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.
But it is expressly agreed and stipulated that the VENDOR'S LIEN and Superior Title in
and to the Property, is retained by the Grantor against the Property until the above described
promissory note and all interest thereon are fully paid according to the face, tenor, effect and
reading thereof, when this Deed shall become absolute.
The parties agree that the Property is being conveyed to Grantee "AS IS", AND "WITH
ALL FAULTS." Grantee acknowledges that Grantee is not relying upon any representation,
CI1
statement, or other assertion by Grantor with respect to the condition of the Property, but will
rely solely on Grantee's own examination and investigation in buying the Property. GRANTEE
ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND IS NOT MAKING, AND
i GRANTOR SPECIFICALLY DISCLAIMS, ANY WARRANTIES OR REPRESENTATIONS
WITH RESPECT TO (i) THE PHYSICAL OR EN v9RONMENTAL CONDITION OF THE
PROPERTY, (ii) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY,
SUITABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE
OF THE PROPERTY, (iii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS INCORPORATED INTO ANY IMPROVEMENTS ON THE PROPERTY, (iv)
THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE
PROPERTY; AND (v) PERMITS, ZONING, UTILITY SERVICES, WATER, SANITARY
SEWER OR STORM SEWER CAPACITY OR WASTEWATER CAPACITY OF THE
PROPERTY. GRANTEE WILL MAKE SUCH INSPECTIONS AND INVESTIGATIONS OF
THE PROPERTY AS GRANTEE DEEMS NECESSARY, INCLUDING, BUT NOT LIMITED
TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IN
CLOSING THE SALE AND PURCHASE GRANTEE ASSUMES THE RISK THAT
ADVERSE MATTERS MAY NOT HAVE BEEN REVEALED BY GRANTEE'S
INSPECTIONS AND INVESTIGATIONS. The parties agree that all understandings and
2
HOUSTON:010636/0000 8.961628v2
agreements heretofore made between them or their respective agents or representatives
(including any of same contained in any letters of intent or other agreements heretofore entered
into by and between Grantor and Grantee relating to the Property) are merged into this Deed,
except as otherwise expressly provided in the Commercial Contract-Improved Property entered
into by and between. Grantor and Grantee for the purchase and sale of the Property, and Grantee
is not relying. upon any statement or representation of Grantor with respect to the Property.
Grantee acknowledges that Grantor has requested Grantee to fully inspect the Property and all
portions thereof
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH Eq THIS
GENERAL WARRANTY DEED, GRANTOR HEREBY EXPRESSLY
DISCLAIMS AND EXCLUDES ALL COVENANTS AND WARRANTIES OF
TITLE OF EVERY NATURE WHATSOEVER (EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE).
The warranty set forth herein is made subject to the matters set forth on Exhibit B
attached hereto to the extent (but no further) that the same are valid and subsisting as of the date
hereof and actually affect title to the Property.
(End of page; signature page follows)
3
HOUSrON:010636/00008:961628v2
THE STATE OF TEXAS §
COUNTY OF HARRIS § ' l
This instrument was acknowledged before me on the day of November 2004 by
14. . - Q,,wlra~ of JCP Interests L.L.C., a limited
liability company, on behalf of said limited liability company.
Notary Public in and f the
State of Texas
ROSEMARY SUAREZ
Limy PUW, sate dRM Printed Name: P-b5 E H
' µy Cmr"ai EgkW W21-20
My Commission Expires:,_ - a THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the day of November 2004 by
Patricia Pollard Mullendore.
i otary Public in and for the
State of Texas
ROSEMARY SUAREZ
N0WyPupkSLd.dTvA Printed Name: k C~ S E R V
c4 EXOM os.zt-zoos
k My Commission Expires:
5
14 OU STON:010636100008:96162 Bv2
EXECUTED as of this _fi!~day of , 2004.
Grantor
JCP INTERESTS L.L.C.
By:
Title:
PATRICIA POLLARD MULLENDORE, also
known as Patricia Pollard Lichty
t
l
J S A. REICHERT, Co-Trustee of the'
Testamentary Trust created under the Will of Jack
a Critz Pollard for the benefit of Patricia Pollard
Lichty
~A2/~ / u 1
d`l PATRICIA. POLLARD MULLENDORE (also
o known as Patricia Pollard Lichty) Co-Trustee of the
Testamentary Trust created under the Will of Jack
Critz Pollard for the benefit. of Patricia Pollard
Lichty
i
r
4
HOUSTON:010636/00008:961628v2
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the "L day of November 2004 by
James A. Reichert, Co-Trustee of the Testamentary Trust created under the Will of Jack Critz
Pollard for the benefit of Patricia Pollard Lichty.
ROSEMARY SUAREZ N tary Public in and fo the
*guy R"Ir4WedT"„ State of Texas
W C vk,, m Ewe. 08 21 2008
Printed Name:.A-c, S E 4 /t S y k 2.6 Z
My Commission Expires: O 5C
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the J day of November 2004 by
Patricia Pollard Mullendore (also known as Patricia Pollard Lichty), Co-Trustee of the
Testamentary Trust created under the Will of Jack Critz Pollard for the benefit of Patricia Pollard
Lichty.
i
ROSEMARY SUAREZ Notary Public in and for the
i~ State of Texas
.
Printed Name: A-5i-M 7--
My Commission Expires: Q a D
C)
t` C P
G~ ~ ~ ::xeare
C i
X ~
6
HOU STON:010636/00008:961628 v2
EXHIBIT A
Lots Two (2) and Three (3), Block Four (4) of TANGLEY TERRACE,
an addition in Harris County, Texas according to the map or plat
thereof recorded in Volume 17, Page 23 of the Map Records of
Harris County, Texas.
EXHIBIT B
Permitted Encumbrances
1. Taxes for the year 2004.
2. Restrictive Covenants set out in and building set back lines shown in instruments filed in
Volume 17, Page 23 of the Map Records of Hams County, Texas and in Volume 1168,
Page 664 and Volume 1211, Page 371 of the Deed Records of Harris County, Texas.
3. Easement reflected by instrument recorded in Volume 1168, Page 664 of the Deed
Records of Harris County, Texas.
mt" Rmm HEnowtaAESMIS1KSALE,RFRV1,causfOFTHECfcpWIM
PRCPEXTT lE A9 OF 01011 OR W S IN"AHO IREHFORCEAII.E NO ROM LAW.
I~ THE STATE OF TEXAS
k1 COUNTY OF HARRIS
CartT. soy m
NOV 11 2004
C
COUNTY Ct.F.AK
HARRIS COUNTY. ERAS
AttTF IE1OWHICHRESIFaCISIMSALERE11TAt,ORUSEOFDEOEMMREAL
FR"TTYEi' IRCFCOLORORWSWADkeIm*ORWMLIMFEDFJ4LAO-
THE STATE OF TEXAS
COUNTY OF HARRIS _
jn~ sc kalu CORW Y Q&ilpc►1 R=* Rd hpery d Hm
Ooutr,Tman
DEC 2 9 2004
r~j
COUNTY CLERK r
HARRIS COUNTY. TEXAS _
gECORDER'S MEMORANDUM: ,t
of recordation, this instrument was
At the time U~
found t be inadequate for the best photographic C tD
reproduction because oltgebc11A11 bloclcoutsr
photo copy, discolored paper, esent at the ume
additions and changes were pr
the instrumentwas filed and recorded.
HOUSTON: 010636100008:961628v2
7
T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/93)
y STEWA.RT TITLE GUARANTY COMPANY
SCHEDULE A
~ie
~a-
fNo.: 04116106 Date of Policy: November 11, 2004
p~.er Policy No.: 0-5893-59238
~~gy 4
'Amount of Insurance:
Premium:
1. Name of Insured: KIRBY RETAIL FUND LP, a Texas limited partnership
2. The estate or interest in the land that is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is insured as vested in:
KIRBY RETAIL FUND LP, a Texas limited partnership
4. The land referred to in this policy is described as follows:
Lots Two (2) and Three (3), Block Four (4) of TANGLEY TERRACE, an addition in
Harris County, Texas according to the map or plat thereof recorded in Volume
17, Page 23 of the Map Records of Harris County, Texas.
,112) T-1 Form Prescribed by Texas Department of Insurance (Rev. 1/1/00)
STEWART TITLE GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
No.: 04116106 Owner Policy No. 0-5893-59238
.is policy does not insure against loss or damage (and the Company will not pay costs,
,ttorney's fees or expenses) that arise by reason of the terms and conditions of the
leases and easements, if any, shown in Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (We must either insert
specific recording data or delete this exception.):
Restrictive Covenants as set out in Volume 17, Page 23 of the map Records and
by instrument recorded in Volume 1168, Page 664 and Volume 1211, Page 371 of
the Deed Records of Harris County, Texas.
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any of any spouse of any
insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the.
public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial
rivers and streams, lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or
changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or f
e. to the area extending from the line of mean low tide to the line of vegetation,
or the rights of access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2004,
and subsequent years, and subsequent taxes and assessments by any taxing authority
for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of
the property under Section 11.13, Texas Tax Code, or because of improvements not
assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception.):
a. Vendor's Lien retained in Deed dated November 8, 2004, filed for record in the
office of the County Clerk of Harris County, Texas on November 11, 2004, under
Clerk' File No. Y056842, executed by JCP INTERESTS, L.L.C. and PATRICIA POLLARD
MULLENDORE (also known as Patricia Pollard Lichty), JAMES A. REICHERT and
PATRICIA POLLARD MULLENDORE (also known as Patricia Pollard Lichty),
Co-Trustees of the Testamentary Trust created under the Will of Jack Critz
Pollard to KIRBY RETAIL FUND LP, a Texas limited partnership securing the
payment of one note of even date therewith in the principal sum of $340,000.00
payable to the order of ENCORE BANK additionally secured by Deed of Trust of
even date therewith to L. ANDERSON CREEL, Trustee, said Deed of Trust filed for
record in the office of the County Clerk of HARRIS County, Texas on November
11, 2004 under Clerk's File No. Y056843, together with all indebtedness of
whatsoever nature, secured or to be secured by said Deed of Trust and subject
to the terms, conditions, and stipulations contained in said Note and Deed of
Continued on next page
,d to and made a part of Stewart Title Guaranty Company
y No. 0-5893-59238
No.: 04116106
Trust.
"Note: The indebtedness secured by the lien of the insured mortgage is
additionally secured by the following instrument: Assignment of Rents dated
November 8, 2004, filed for record in the office of the County Clerk of Harris
County, Texas under Clerk's File No. Y079320.°
b. Rights of parties in possession.
c. An easement 5 feet wide along the rear and/or South property line and an aerial
easement 5 feet wide from a plane 20 feet above the ground upward located
adjacent thereto for the use of public utilities as reflected by instrument
recorded in Volume 1168, Page 664 of the Deed Records of Harris County, Texas
and the recorded plat.
d. Building Set Back Line 20 feet in width along the front property line as
reflected by the recorded plat.
e. Building Set Back Line 5 feet in width along the side property line, except for
garage or other outbuilding located 60 feet from the front lot line, as
reflected in instrument recorded in Volume 1168, Page 664 of the Deed Records
of Harris County, Texas.
f. Building Set Back Line 10 feet in width along the East property line as
reflected by the recorded plat. (As to Lot Three)
g. Subject to that certain ordinance filed July 8, 1966 by the City of'Houston in
Volume 6422, Page 181 of the Deed Records which established Right-of-Way Lines
along and for Kirby Drive.
h. Subject to that certain Ordinance filed November 12, 1964 by the City of Houston
in Volume 4984, Page 463 of the Mortgage Records which established Building
Lines along and for Kirby Drive. (Note: Ordinance appears also to be a lien for
the widening of Kirby Drive between Rice Blvd. and Bissonnett Avenue) (No film
code number available)
i. Any and all Zoning ordinances or proposed ordinances including those by the
City of West University Place, Texas.
j. One story brick frame house encroaching into five foot utility easement as
shown on survey dated April 21, 2004 prepared by Jose H. Gonzalez, R.P.L.S. No.
4478.
k. Terms, conditions and stipulations as to that certain unrecorded Lease dated
June 24, 1989 between Shipley Leasing Corporation and Tany Pollard Hopper,
Patricia pollard Lichty-Mullendore, Tany Pollard Hopper and James A. Reichert
Co-Trustees U/W/0 Jack C. Pollard F/B/O Tany Pollard Hopper, and Patricia
Pollard Lichty-Mullendore and James A. Reichert Co-Trustees U/W/O Jack C.
Pollard F/B/O.
Legend MUM Residential SF-0
~aa" _ _ _.,.•..o.o i i i I - - - Residential SF-2
4 - - - - - - - - - - - - - I - - - - - - - - - , - - - 1 Residential SF-3
Townhouse District
[ [ °
c twos*oN
L PD
D - T
PDD-TH2 Uffl- ~ PDD-TH3
= PDD-SF7
_ PDD-THS
dD
0
H +H PDD-TH6
( LL.111___FF~F -
PDD SF2
® ~ I - - - " - PDD - Bellaire Mfi
District
First General
Residential GR4
Second General
i - _ I - _ - - - - - - Residential GR-2
CO-Orical
RhI
IZAM
m •.o _ _ _ 1. ,Ord.N'.a,t
^cur- 2. Ord. No. 932 a 1049
3. Old.N..M
0. OM. No.. 55 6 6518135
- - ~ - - % S Ord N 535 lT1
C 0. Ord. N W (a. 20-14 Lot 15(
9. ord. N, zo:
~ I t11. c 0. o.wn mf -100
M17 ( 1 1
ea e9
'E[I - r - •nevn ..o I - _ 15. Ord Ne. 311
12
F~l
7-7 _ Irrlfru{rerLr.~rmLrrrLs~rL ~ _ _ - - _ _ _ _ _ - _ _ _ _ _ _ - Minims an cawt t~•.Y~wb~
TFFFH FL
I
I
Elm -
CITY OF WEST UNIVERSITY PLACE, TEXAS Subdivision and Zoning Map ®
a~o~a 525582
.roACT1 m $ V- m m m r~ > - 1 - 1 Q 9B. u 105 105 N
-O- _ 89.32 Be.) v
8-019 S -001N Z 105 IN- C'
,00N Beeo CO 9)s Q
74W. VVL 72g IN C2
9 ib
?o~ IW t00.r~ 105
100}77~)^^ ,OS 88.2) 93.15 950 ~IIO4 so -8_ ,00 ,O5 aaa Zap e -~C D oo y71(Y
~b IJ 8)]5 91~ 914 -3bb 1W
100 S2700164A J $ VV ~ 'm VV W 'V00 m ~aa0 8~ffi -VVa 93 Iw U 100
D7001 V S ~paaQag~ p7pq 27pgP r 2 J J
0~~ o Oaa 8 aa~ S .5 a~~ S S
5o W LI^_' L~_ sr z IN _ S ~g D~4db~ S s 00065 DODB ' O = ~70 ~
.9 61.8_ 105 ,os
81 UI ~i 416 J' - 86.)__ _ 87 >
m 8 -02 V V78 s 2-0~~~ 8 $
100 z BB:~ 100
r-l N~8~
((`//x1,05
so so - Q2~,-5' BB. .05.3, _ ~OV
6T"g~ v 100r - ~0Nb V 100 ~ ° ~L 2g85.J~ ~.~?0 n ,~5 CaL~ N.$ ,05 O
Bow 2gp,oo ese
. ,,2lOOa8 8 (UB31.)~ 2 9 ,B g3
50 ,nrn m c~ OOD3 ~~~~~q4~ 22 ~(g~ 226g8g ~Di~
5-0U19~ SiPA N P W 83.35 2 -0D 1v OOZ g,os
4 ~~08 -0D 1 ~D 11
22ggggoo8 ~pgg2p y N .5
D020~ g m m~J011 a ass his DD3a1s1N S S ~OZB ° S S ffi S
100
so IN m
T N.
to A Lw LN L'^iR~ ~n N IAu-i"P -l N m N I ~,05 tOS
8+ IN IN In u
----F-_N 8 ~L
J 1 -IIUL 1~( aC~ S 0 ` V D A 8 yp{~~105 Qp
60 50..'. So N 8 ^i VaJ u 571
1'l N ~ a j
J - IN_ I. 100
w IN
2g1,p5 _ V
CJl cA GJ_./~ g`'g N -OOa5 N S S I'°'-OQa~N t is c N -.'e~r~ y~g -00f04a S-D~ t..' S G -D014 A S
a~ 2 03. 1tOS
t00N g 100 w~N bJW _ _22_-- _ _
0o IN W 01
50 50 50 - _ _ 8'.0~~r 8 8y'_PA k;~ 1J~a~~u '~+-V~~05N vu I U
W 1 105
u
A 85 N „8.8 ..o " _ 105
' 90 r I r __.._100_ °..281.8 105 J ` 0
A _ -
JyJ, µ 90 100N 100 b) i ; 105 %o C 105
^ , g cn COJ O _ S S $ 19 S
r_-'-;,0`N p71~ 5712
70 0 - - - - - - - ,-17A 8 J D
71 9 °
Gif.70 u w J° 8 N 105 b g V V 7~ 00 g
- U!~ BI W ~O0 ,g +05.08 m 105.08 $
28593
8 1o0 I IN
7 180
UNIVERSITY PLACE -KARBY t .i
its r. b 15 O 107.28
- 110 O$-VL114.01 I y jTZ
c bbcn r _
cl)
N a Z~ 5815 ye,8- -On - - .ter to
s J p 001 N N~ > S _ N N r -E9-001~3.31 >
° -N S
- ~,~z -
oS v m r
120 To 120 50 V
- 5~o
20 k8 00 'S -0003120 -0002 " H Z S-003T8800 I12a 11_
A S 00 530 8 00( e0eB N S wZ S 5~6+ 252 c
moo02 r N p r S j W A 8 5 004
$
6 6-
o 0fJ1A S J v
00 in 2522 r 120 A O 2524 S g
240.06 S X17 J.SS .0004 -n -0017 C, -wzo c ~4p_ 11911 N--1
-
- 1m- -
~ r
7y Zp2 2gzo1 2520 ROBIN HOOD AT m Z ° o Vi
°Ab- G) B 11e.)+
y 5 -00516 ° f5 J $ KIRBY CONDO D 111.21
_ 120 In 1 06
122-281 - - - B U JR
C, X
118.01
2520 - O $ ° O 10,51
--q
S 015 S 122-2A$( 4-0001 - CA - ~
w in 8 ~050~--- W A J
14 i Z 122-2 -0009 E9
120 09.8,
bD N ~ 51122 +'1'
` m
S = 210-----_- w ~D13 W (TOaB
t~D .120 110 O .1218 „5.2 8
0O
g ° -
D13 r 0 v ,e °0 115.2 uo
~qFt
- +2U 1 W U D 1 S 008 09n
b ,20 magy` ~ %~O'IL
10 ;7;
V~ d~1g 0119 N _
N ' 1 108.91 1 6.91
° ~Dg ----20DD m ,xo r'S ,xo o g r X504
°9
o 2~ c 0011 Sm S
D - 771
W 0 N o f°° q1 r is -0010 20 ns.z1
20
240.05 com 120 120 m m
525584
c Mail
"00 4)
N Z5 raF
y
O o
CZ 0
Z m m i
N A f/
i
i
TANGLEY ROAD +a
(SO- ROW) n
moo I-. E-
cn' o %.'9. .//////l//l/LU////L/%///
d
t
t
I,. ! E o $
' a
o
g .a'T
1 U T W
a - ~wG,aES: °Mw-u t Q a
cwP
a o
12
Z
s ~ °aaw xc , cx srN si w .o 2t, 7
12 1'
( 5800 KIRBY
IESI 135W
14 r+cu+ °crmous coca s-13 sr Izi ssx vnowcco. ,sz asou asol i:.i'' , 6
oPEw: i g
. AFa wE oaEw eu s< < . Ill IF 11 1-11 11 Ill
112 36 SF
°+vco/wins/cues .nu - -i.~csso sr - S l )
9~~oA =o AEa~-aEO, s°.~E= LK
SITE PLAN
PROPOSED SITE PUW "B _lp 1 VIQNITY MAP 'BA
,d o.sa,. f raaa
ac xt, xroa
• SUDJ9c1 rroperty I oc - "I a r-eaerni ursuruncv ..unnnuu u„~„ I.." I— I 1 -11 „1 -
A. per map 480296 Panel 0860K DSIed 04-20-00
• THIS INFORMATION IS BASED ON GRAPHIC PLOTTING ONLY. WE DO 401 ASSUME RESPONSIBILITY FOR EKAC DC-IERMINATION
I
0111 ~.~+~~y
TANGLEY ROAD
(50' R.O.W.)
(CONTROL
MONUMENT
FIND. 1/2" IP FND. 1/2" IR FND. 5/8• IR EAST 135.00' SET 5/8" IR
W/CAP
50.0' 65.0' 70.0' 65.0'
20' BL
rAN ° oo
w 0 D O
LOT 2 "s o LOT 3
LOT 1 W J o
DO o
°o O
o o
- -O o
.ITRASH~ - O
O m 205 BIN 62.0'
b 22.7'
1 STORY BRICK FRAME v
m
5' x 20' AE 2U.5' gq,7'
5' UE
FND. PIP' NEST 135.00 SET 518.1
CONTROL W/CAP
MONUMENT p HOUSE INTO THE F UE AND AE
LOT1 ACCOUNT No. 041-017-009-0144
BLOCK 5, PRESTON PLACE
LEGEND
E.E.- ELECTRICAL EASEMENT
U E - UTILITY EASEMENT
AE- AERIAL EASEMENT
i.) SUBJECT TO RESTRICTIVE COVENANTS SET OUT IN VOL. 17, PG. 23, H.C.M.R. D.E- DRAINAGE EASEMENT
THOSE IN VOL. 1168, PG. 664, AND VOL. 1211, PG. 371, H.C.D.R. BL_- BUILDING LINE
2.) SUBJECT TO ESMT'S. AS RECORDED IN VOL. 1168, PG. 664, H.C.D.R. STMSE- STORM SEWER EASEMENT
S 3 E - SANITARY SEWER EASEMENT
3.) SUBJECT TO BUILDING LINE RESTRICTIONS IN VOL. 1168, PG. 664, H.C.D.R. WLE- WATER LINE EASEMENT
4.) SUBJECT TO CITY OF HOUSTON ORDINANCE IN VOL. 6422, PG. 181, H.C.D.R. S L E - STREET LIGHT EASEMENT
5.) SUBJECT TO CITY OF HOUSTON ORDINANCE IN VOL. 4984, PG. 463, H.C.D.R. I.R- IRON ROD
6.) SUBJECT TO ANY AND ALL ZONING ORDINANCES INCLUDING THOSE BY THE CITY OF WEST UNIVERSITY, TEXAS. I P- IRON PIPE
7.) ALL BEARINGS SHOWN ARE REFERENCED PER RECORDED PLAT. FND - FOUND
- WOOD FENCE
- - IRON FENCE
LOT BLOCK SUBDIVISION SECTION
2 AND 3 4 TANGLEY TERRACE
COUNTY STATE RECORDA110N SURVEY SCALE 1"=30'
HARRIS TEXAS VOL. 17, PG. 23, H.C.M.R. ADDRESS
5 5800 KIRBY DRIVE, HOUSTON, TEXAS 77005
PURCHASER ROBERT B. ORKIN i~OM
BUILDER MUST VERIFY ALL BUILDING LINES, EASEMENTS, UA .SURVEYORASNOTABSTRACTEDSUBJECTPROPERTY-
BUILDING LIN E RESTRICTIONS (DEED RESTRICTIONS, ETC) • SURVEY IS BASED ON TITLE COMMITMENT LISTED BELOW-
AND 20NING ORDINANCES, IF ANY, THAT MAY AFFECT . J. • -ALL BUILDING LINES AND EASEMENTS ARE PER RECORDED
SUBJECT PROPERTY. BEFORE STARTING CONSTRUCTION. ZALEZ PLAT UNLESS OTHERWISE SHOWN-
THIS SURVEY S CERTIFIED FOFl iH15 TRANSACTION ONLY.
. t IT IS NOT TTWSFERABLE O ADDITIONAL INSTITUTIONS OR
SUBSEQUENT OWNERS.
REVISION # REVISION DESCRIPTION
A ccura to z, -
Surveys of -
MORTGAGE ENCORE BANK
Texas Inc. / TITLE S 6 TITLE
GF# 0411610116106
5151,VITCHELLDALE SUITE A-6 JOSE H GONZA EZ R.P.L.S. No. 4478 LKEY T#
HOUSTON TEXAS 77092 04-19-04/LV
TEL (713)-869-6966 EREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY
FAX: (713)-864-4266 ` SUPERVISION AND THAT IT CORRECTLY REPRESENTS THE FACTS FOUND AT ING 04-21-04/CU
THE T IME OF THE SURVEY. THERE WERE NO ENCROACHMENTS APPARENT ON AP 532C
THE GROUND EXCEPT AS SHOWN HEREON. JOB # 404-310
Chronological History of 5800 Kirby Dr. (Shipley Donuts Site)
1937 Ordinance 111 adopts initial zoning regulations and zoning map
1938 Ordinance 131 adopts amendment rezoning site for "retail district" use
1939 Ordinance 152 adopts amendment rezoning the Kirby "retail district" by establishing a
zone depth of 180' and establishing a 20' buffer zone in the rear of the site
1974 Ordinance 1025 adopts amendment rezoning this site (and others) from commercial to
townhome/cluster homes
1985 Ordinance 1243 comprehensively recognizes and confirms all of the zoning map changes
from ordinance 111 to this date
1987 Ordinance 1298 replaced Ordinance 111 in its entirety and established a new zoning
map and zoning regulations
1991 Ordinance 1401 adopted changing the 4 lots adjoining Lake street from commercial to
sfr. (This proposal initially contained language to rezone this site and the two sites
south of this property from townhome to commercial, but was removed from the
proposal after several public hearings.)
D ~ •''~°a t ~ 'rte ~ _
" v y -
F 1 \ _ Jg _ I
1 was Ess LEI
{ a ~---G = =
M' 7Y
M oil /y
3a ~~u, ,
" ~I 8
"E - - 4 tycoon
Ia _
a
4M vv -
-
Act,
8
Enna
LIS 6-
Examp
Y ~~~v.~\\\~ 6~U~11;-~ \ 8 I Y~i \ m'
ills
\ \ \ Bill 111111111111111111sl
8
e.
\
I
Rom
/
I
.rao .o.
LEG END
OFFICIAL MAP, ZONING REGULATION
.inw
m r...a w a mown • m•a.. .o ....a ~i 11 ~,l u ENDED TO H-1 W
w F
C~Y re.r MEN wow r .w ..a U NS a a
~s-
mw., b.. m wr.....~ wan n.„ w,..,.R m.. mw.. w..,•..,,... WEST UNIVERSITY PLACE
,...r m. mw,. r.... e. wr. r._a w....a.aa. ,a .rr.~
a. ~w...... v: w rmw, ..W
;
I - r I 1- ~r i
I L J ~ top°b ~
s•
IC
~:f~ II r f ~ I I 1 I 4` -1Y 11li~~t~ r I;_.LII
_lf E E..J,~.I~ All
L I ~ i a ~ ~
f~~ - I ++r s
71
,aL1~'r-if
`I ~r_' . F,~ - f i pY b... I 1-I{- - t--l.~ I l~lll'.11~-111'':111 -1`~{ ~ I. F-
1
I E~~ ~ ~S IW ~ Q}{ ~ t~~,^•1 1~.1 I- t I',~~I I-l',I~17 1
_1J LEI IJ 'r;_-j III'JF _ _ L _t t
~I - J Y
- ~I 1 - - ~lii ,;a~ t•
r i 2 r !p . I t .l f ~ 'It t r Y: r I 'r a Y~
1~1 y i _ if y ~I y. Ig~ b ~t_I l r ° I.4a t r I~-
1 s I~ ` tiL I J i _J L 4 l- s I f 1 1 t s+ - 1 P
~I ~~I I ~r~..ll III I[ t I-~# Iylr~., ~}III El+<.
a a s I ~i
Y~ -
I,
~e
QUA
10 WAY-
II i s~
` I ` 16`> I r I I 75
a
t
r r
~-i-~ ~~I t ,I ; , i_- IP I I Ili l ~ t I
it`i' f ~1;lr F I r~i
~9 I~ d I~ ~ l ~ fiI F- ! r 1 I
A I"! 1 14 a l i I i y r
$1 1 s 'k
~-~'ff t Ct I
MAI ANN," 'I
1 s r• 1 I`~ 1 J ~1 ;3 ~ ~P~ lr~l -a "i ~ ,ryl
1 t 9'~
!L IL
n
~ a