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Home My WebLink About06252020 ZBA Agenda Item 3 City of West University Place To: Zoning Board of Adjustments From: Clay Chew,Building Official Date: June 19,2020 Re: Staff Report for Docket 2020-0004 Applicant's Request The applicant in Docket 2020-0004, is requesting a special exception as authorized by Table 7-5a, entitled "Parking, driveways, etc." Table 7-5a establishes the maximum number of curb cuts allowed per building site in a single-family district. The applicant is requesting a special exception as authorized in Note 5 to Table 7-5a to allow a total of two curb cuts on the building site. Background Information The property at 3782 Georgetown St. is located in a SF-3 zoning district at the northeast corner of Georgetown and Auden. The applicant is seeking a special exception to construct a semi-circular driveway with one curb cut on Georgetown and one on Auden. Staff Response Table 7-5a limits the number of curb cuts to one per building site in a single family district. There is an exception that authorizes additional curb cuts of which can be a semi-circular driveway that meets the minimum requirements of Chapter 70, "Street Areas and Public Spaces", specifically Section 70-27 regarding curb cuts and driveways. Section 70-27 requires that the curb cuts be located along the front street line for a semi-circular driveway. The driveway configuration complies with all of the other requirements. Table 7-5a, Note 5 of the Zoning Ordinance gives the ZBA the authority to grant a special exception for additional curb cuts. The ZBA must find that the request is in harmony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any significant increase in on-street parking or traffic, traffic congestion, or an unreasonable burden upon public utilities or services. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of this special exception. If the Board grants the special exception, the Board can attach conditions. 1 .. �(\V City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") t,, 4 Address of site: 3782 Georgetown St., Houston, Tx 77005 Legal description of the site: Lot 1, Block 2 of Sunset Terrace Sec. 4, Harris County Applicant: Melissa Strong Address: 3805 Coleridge St, Houston, Tx 77005 Contact:Melissa Strong Phone: 917-940-5590 Fax: Email: melissa.strong@me.com Decision or Action Requested(check one or more and provide requested data): ( )Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing?( )Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note:Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: (X)Special Exception. • Exact zoning ordinance section that authorizes the special exception: Table 7-5a, Note 5 Allows ZBA to issue a special exception for additional curb cuts. • Exact wording of special exception requested: 1) On our corner lot, since there is city infrastructure preventing both circle drive curb cuts from occurring on the front street line we are requesting that the the second curb cut occur on the side street line. 2) We are also requesting that 3 curb cuts be allowed since the corner lot has a total of 176.4'of street exposure between front and side property lines. )Variance. • Exact zoning ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No QQYes(list items here and attach them) We have attached the following documents: -Proposed site plan for new house -Current survey -Images of site Attached.The applicant has read the State and City regulations attached. : ignature of applicant: '' 914. Date:(t visor Staff Use only Date flled:LC)` - Date hearl.O 36- a .13 Docket*: aba - rorrn 734A-102 CUSIM. ANO A R CHIT ECT 4311 NETT 8T&BET I1OU3TON TEXAS 77007 June 4,2020 West University ZBA Exception Request Project Address: 3782 Georgetown St. Houston, Tx 77005 Property Owner. Melissa Strong To whom it may concern, We are seeking an exception for our proposed new construction residential project based on Table 7-5b, note 5 in the West U Code of Ordinances, which allows the ZBA to issue a special exception for additional curb cuts. We are requesting that 3 curb cuts be allowed on the property as well as allow the second curb cut of the circle drive to occur on the side street line for the following reasons: 1) There is city infrastructure (street pole, fire hydrant, light pole) that does not allow us to place the second of 2 curb cuts on the front street line while following the rule that requires 24' between the inside edges. 2) The property has a total of 176.4' of street front between the front and side lot lines, so we are requesting that a third curb cut be allowed for the best use of the site and to alleviate the need for street parking when the property owner has visitors. We have made all three curb cuts a single car wide in order to eliminate an overabundance of concrete at the R.OW. with our requested exception. Please see the attached documentation to further evaluate our request. Best Regards, Cusimano Architects Property owner printed name MELISSA W 3 IRnNC— Property owner signature (A4 W4"*"" KBLLY$CUIIMANO•AACHITECT.COM 031.403.041f OMB AOmoval No 2502-0265 • . :J(: A. Settlement Statement (HUD-1) ,; II ,fY O.Typos i.s.tont, 1.❑ FHA 2.Q RHS 3.Ej Can thins. 6.l 7.Loan Na g Si Mortgage Insurance Case No. 4 1=} VA 5.l tL 9993-20-5831 PieNo. 1 Corm Ins, C Note: Ibis farm is famished to glue you a s,..te,,,mt of actual settlement costs Amounts paid to and bythe settlententagnd are shawl.Item marked'tpo cr were paid outside the closing ttteysre shown hent for tniOnnatdxtal purposes and are not included In the totals. O.Nurse&AkresofBorrower; 5.Name&Msof$edrc EName&Addresoftender: Melissa Strong torinda Elizabeth Driskill N/A G.Property i.ocstIon: H.SeolementAgere I.Settlement Date. 3782 Georgetown Street Patten Title Company 03/04/2020 Houston,TX 77003 Funding I ate Mace of Settlement: 03/04/2020 106 Decker Drive 330 Wing,TX 75062 >Xsbursemerdhate 03/04/2020 K.Juuuw,uy'It Sella:',11,,o,..10.1,7.,1 °;.r rraa}r„ y { ;. GtaaAtttcrn)tfluetoSelki„* ,..��2 rJ tea, , i?., ..c tGa rosslgnouirtOw:ftwnt3orgvwer .,. 1vc.t. :ri .g 1QY,Coot actaaksialce 4,2,i', r:1. , .0.200,tX LQ0401„Car>GactsattxpdCe `r-Tif '$ ylai S2.2t70,coo.DO t>302.Personal ngvparty, . '.:z ,. ''.-'.,'i' j, 402_Pinnas..p%'N r `1"' V 1 1s.' i,4I73rSetganenodwgeStohniwra+estata itool -. $4,Oo288 .403 r:. Ir ,;'S . r, k 1WK t',w4,,,= '' .'1,il 'i';'s' . .54041.. A 7 ';r` €� t },. M.:. 3 ., 4 yr fl ,,4o5. u; ,il t m ... 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Buyer has signed and delivered this Buyer's Affidavit and Agreement (*Agreement') to and its title insurance underwriter (together, the "Title Company"), Buyer expressly acknowledges, warrants, covenants and agrees that all statements and representations made in this Agreement are true and correct and all statements and representations are within Buyer's personal knowledge. Buyer agrees that Title Company may and will rely upon all statements and representations made to issue an Owner's Policy of Title Insurance("Owner's Policy")and,when applicable,a Loan Policy of Title Insurance("Loan Policy"), and to prepare and deliver documents In connection with the closing and financing,if applicable,of the purchase of the Property(together,the"transaction"). GENERAL ACKNOWLEDGMENTS A. MARITAL STATUS Melissa Strong I have never been married. I am not now married. I am presently married to we married on 4 I am not presently married,but have been previously,as stated below: 11 F -4irst marriage to YetA & .....S714e0e/tee" an / • 7. /0 ,and was terminated by death/divorce dated fr7ty 2olt) • Second marriage to P/A on ,and was terminated by death/divorce dated I am presently married as stated above and have been previously married as stated below. First marriage to on ,and was terminated by death/divorce dated Second marriage to on ,and was terminated by death/divorce dated B. MARITAL STATUS I have never been married. I am not now married. I am presen , enied to we • ed on Buyer's Affidavit and Agreement File No.9993-20-5331 4' INITIALSe* I am not presently married,but have been previously,as stated below; First marriage to • ,and was terminated by death/divorce dated Second marriage to on ,and was terminated by death/divorce date. lam presently married r ..above and have been previously married as stated below. First m- ..e to on ,and was ated by death/divorce dated Second marriage to on ,and was terminated by deathldivorce dated TAXES AND HOA ACKNOWLEDGEMENTS A. PRORATiONS: 1. Overview. Buyer has been advised and understands that taxes have been collected or prorated, or both, based on estimated taxes. (The term "taxes' includes property taxes, assessments,homeowner or property owner or condominium assessments,standby fees,and any penalties,interest,costs or expenses arising from a delinquency.) Estimated taxes are often based on the amount of taxes paid in prior years. Buyer understands that these tax estimates are based on information provided to Title Company by others. This information may be provided by a third party tax service company,property management companies,appraisal districts,taxing authorities and their attorneys.This information may not,however,be the most current available. For example,property values and tax rates may change with no notice to the Title Company. The amount or payment of the current year's taxes may be available at the time of closing, but that information may not have been provided to the Title Company. if delinquent taxes are to be paid at closing, information as to the amount owed may change substantially from one month to the next as additional costs and expenses accrue.Unusual taxes(including assessments made by public improvement districts)are occasionally missed by third party tax service companies. Additionally, if the Property has multiple tax account numbers,the estimated taxes may inadvertently omit one or more accounts. Although the Title Company may use the tax information for its own purposes,the Title Company does not and cannot warrant or guaranty the accuracy or completeness of the tax information or the tax estimates derived from that information. 2. Review of Estimated.Taxes. Buyer confirms receipt of a copy of the tax certificate furnished by Title Company's tax service company.Buyer acknowledges that Buyer has reviewed the estimated taxes shown on the certificate, and has had the opportunity to conduct an Independent investigation into the number and identity of the taxing authorities,the amount of the taxes, and the reasonableness of the estimate. Relying on Buyer's own investigation, Buyer has agreed to use the estimated taxes (as set forth on the settlement statement or cicsing disclosure)for proration and other purposes. Buyer agrees that if the estimated taxes are later determined to be incorrect,(including the failure to include a tax),any adjustment in the proration of taxes(If required)will be a matter for the Buyer and seller only,and shall be according tc the agreement between Buyer and seller. Any adjustment in the proration of taxes (if required)will not involve the Title Company and the Title Company will have no liability to Buyer for any adjustment. 3. Taxes for the Year of Closing.Ordinarily,taxes for the year In which dosing occurs will not be paid by Title Company. This may occur for several reasons,including the unavailability of a tax statement. (Tax statements are usually not available until mid to late fall of the tax year.) if the settlement statement/closing disclosure does not clearly indicate Title Company will pay taxes to the taxing authorities for the year in which closing occurs,Buyer must assume taxes for that year will NOT be paid by Title Company. If so,Buyer must independently confirm taxes will be paid before delinquency. This may require that Buyer contact ail taxing authorities, obtain tax statements and,to avoid a delinquency,make timely payment directly to the taxing authorities of the amount owing for the entire year,whether or not taxes were prorated between Buyer and seller. 4. Disclaimer of Liability. Buyer acknowledges that any tax information provided to Buyer is delivered without any warranty as to its accuracy or completeness. Title Company will have no liability or responsibility if the tax information is not accurate or is not complete. B. ADDITIONAL TAXES-AFTER CLOSING If all or part of the Property is subject to reduced taxes because(i)all or part of the Property was designated as being used for agricultural, timber or open space use,or for some other use that resulted in reduced tax valuation,or(ii)the Property was claimed as wholly or partially exempt from taxation,or(iii)improvements on the Property were not assessed,the Property may be subject to additional or"roilbacik'taxes. These additional or"rollback taxes may be assessed because of a change in usage or ownership,the disallowance of an exemption,or the later assessment of taxes Buyer's Affidavit and Agreement File No.9993-20-5831 lNm•fip on omitted improvements.Buyer understands and agrees that the Owner's Policy will expressly except to: 'Subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership'. if additional or'rollback"taxes are assessed against all or part of the Property, Buyer agrees it will be a matter for Buyer and seller only according to the agreement between Buyer and seller. Buyer further agrees that if Title Company pays a claim under a Loan Policy as a result of additional or"rollback"taxes,Title Company has the right to reimbursement of the amount paid from either Buyer or seller. Buyer agrees that the person responsible under the agreement between Buyer and seller must reimburse Ttle Company, C. PROPERTY TAX RECORDSIEXEMPTIONS The Title Company is not responsible for notifying the county appraisal district (the 'CAD")of changes in ownership,filing exemptions,or any other matter relating to property taxes. Buyer is responsible for notifying,in writing,the CAD of the change in ownership,providIng a billing address, and making application for any exemptions or removing exemptions and reduced valuations that are no longer applicable. Buyer understands that the failure to correct the property tax records may result In losing certain rights and remedies. Buyer also agrees to notify, in writing, all homeowner associations,and/or property owner associations of the change in ownership of the property and of Buyer's address for billing purposes. Buyer understands that the failure to give notice may result in the failure to receive tax and assessment notices, including notices of appraised value,tax statements(bills)and assessment statements(bills). If there is a loan,Buyer agrees to provide the CAD with Buyer's lender's name, address and loan number. Buyer understands that any tax exemption requests(I.e.homestead,over 65)must be filed directly with the CAD by Buyer. 0. "SPLITTING-CUT"A TAX ACCOUNT If the Property was part of a larger tract owned by the seller,the CAD may not yet have assigned a separate tax account number to the Property. If so,after closing Buyer must request that the CAD assign a new tax account number to the Property. This is commonly called'splitting our the Property sold from the larger tract still owned by the seller. if splitting out is required,'Title Company strongly recommends that promptly after closing Buyer contact the CAD and determine how to apply for a split-out and by what date the application must be made. If Buyer does not obtain a split-out for the current year,the taxes for the Property purchased and the tract still owned by the seller will be billed under a single account number. As a result,the tax bill may be sent to the seller or Buyer only. It may also be that,in later years,the seller and Buyer must agree on how to divide the tax bill. it is also possible that,in order to keep the taxes current,Buyer or seller must pay the taxes owing on the others property. Buyer understands there is no title insurance coverage for losses arising from the need for or failure to obtain a spilt-cut E. LENDER'S ESCROW ACCOUNT if this transaction involves a mortgage loan or the assumption of a mortgage loan,the lender may require that Title Company collect and pay to lender certain amounts for the future payment by lender of property taxes and insurance("escrows"). Buyer acknowledges that lender,not the Title Company,establishes the amount of the tax and insurance escrows and that those amounts may be later adjusted by the lender. Any adjustments in the amount of taxes paid by Buyer to Buyer's lender,or held in escrow by Buyer's lender shall be adjusted between Buyer and the fender,and Title Company shall have no liability or responsibility for any such adjustment TAXES/PROPERTY OWNERS ASSOCIATiON FEES if the Property is in a subdivision or condominlum project with a property, homeowner's, or condominium association(together,"POA"),the contract between seller and Buyer or applicable law may require delivery to Buyer of documents and information relating to the subdivision, condominium,and/or POA. The documents and information may include restrictive covenants, the condominium declaration,amendments,other agreements affecting the Property,and a resale certificate. Texas law Identifies what information must be Included in a valid resale certificate. The POA ordinarily prepares the resale certificate; the Title Company does not. In addition to other information,the resale certificate must identify the frequency and amount of assessments and other fees(together, 'POA Fees"). These documents and this information may be very Important to Buyer, Buyer acknowledges that the Title Company shall have no liability or responsibility for payment of arty taxes or POA Fees,except orgy to the extent:(I)the settlement statement expressly indicates the Title Company has collected taxes or POA Fees for payment;or(ii)as to the title Insurance underwriter only,the title insurance policy insures that the taxes or POA Foes have been paid. The only obligation of after dosing with respect to additional or'rollback'and/or delinquent taxes or POA Fees,is to forward a claim on the Owner's Policy to the underwriter issuing the policy, if a claim is made. For its own purposes(including its review of prorations and its determination of the coverage to be offered) Title Company may obtain these documents, including a resale certificate,before closing, Whether or not Title Company orders or obtains a resale certificate,ft is not obligated to deliver the resale certificate to any person. Title Company Is not a party to the contract between the seller and Buyer and is not obligated to deliver documents or Information on behalf of either the seller or the Buyer. if Buyer is interested in the content of the resale certificate Buyer must obtain and review the resale certificate before closing. Buyer's Affidavit and Agreement File No.9993-20-5831 Y✓ INITIALS:_ TECHNOLOGY FEE: 1. We agree to opt-In to the Qualia Customer Document Repository providing direct access to closing documents post-closing for the Technology Fee of$35. SURVEY AGREEMENT A. SURVEY ACKNOWLEDGEMENTS If Title Company ordered and obtained a survey for the closing, Buyer understands and acknowledges disclosure of and agreement with the following: 1. Title Company ordered the survey as a convenience,and with the understanding and Buyer's agreement that Title Company is not responsible for the content or accuracy of the survey, and on the condition that if any dispute later develops concerning the content or accuracy of the survey, Buyer agrees to look solely to the surveyor, and not to Title Company, for a resolution of that dispute. 2. Buyer agrees to hold Title Company harmless from all claims arising from the survey, including but not limited to all claims that the survey was not timely performed,is inaccurate, incomplete and/or was not paid for. 3. If Title Company reasonably believes the surveyor is presently licensed by the Texas Board of Professional Land Surveyors,Title Company will have fulfilled any duty Title Company had in selection of the surveyor. 4. There are many different types of surveys,some providing more and some providing less information and precision. Title Company orders surveys with the information and precision it considers generally acceptable for title insurance purposes,considering the nature of the transaction. Buyer has had the opportunity to request a survey with more information or greater precision. Buyer has independently reviewed the survey and agrees that it is acceptable. 5. Whether ordered by the Title Company or not,Title Company may evaluate the survey for its own purposes,Title Company Is not authorized to and cannot provide advice or guidance In evaluating the survey.Buyer has not relied on Title Company's statements or guidance as to the survey, and Buyer will seek the assistance of a qualified professional if Buyer has questions about the survey 6. Whether ordered by the Title Company or not Buyer understands that matters shown on the survey(for example, easements, rights of way, setback lines, fence encroachments and protrusions)are generally not covered by the Owner's Policy.Buyer is aware of and accepts the following encroachments as shown on the survey: See Title Commitment,Schedule B 7, if Buyer received an old survey or a survey prepared for the benefit of a third party (for example,the seller's survey), Buyer has Independently evaluated whether Buyer has any recourse against the surveyor if the survey contains errors or omissions. 8. Title Company does not determine whether the Property is located in a special flood hazard area. Title Company does not determine whether or not Buyer should purchase flood Insurance. Buyer agrees to seek the assistance of a qualified professional if Buyer has questions about the risk of flooding or the availability of flood Insurance. B. SURVEY INSTRUCTIONS Buyer ins cls the Title Company to proceed as follows: Less] I requested and have received a new survey. I' 1 I choose to proceed with a prior survey,and t am in possession of a copy of that survey. )�] I choose to buy this property and close without the benefit of a survey. C. OPTION TO PURCHASE AREA BOUNDARY AND ENCROACHMENT COVERAGE(Note:Title Company must have received a survey to purchaser this optional coverage) If an acceptable survey of the Property is not provided to the Title Company,the Owner's Policy will contain the standard exception to 'any discrepancies, conflicts, or shortages in area or boundary lines,or any encroachments or protrusions,or any overlapping of improvements." This exception to coverage Is the'Boundary'exception. However,if an acceptable survey is provided to the Title Company and Purchaser agrees to pay an addrtlonal premium,the Boundary exception will be amended so that the exception is limited to"shortages In area"only. For Policy Form T-1R, Buyer's Affidavit and Agreement File No.9993-20-5831 �j INITIAL�t I the additional premium Is 5%of the Owner Policy premium. For Policy Form TA the additional premium is 15% of the Owner Policy premium. Title Company's amendment of the Boundary exception does not limit its right to include additional exceptions for matters disclosed by the survey and for other matters that appear in the real property records. There will be no coverage for matters set forth ae exceptions in Schedule B of the Owner's policy. Buye nstructs the Title Company to proceed as follows(Check one box): [ I request that Title Company provide the Boundary Coverage(subject to exceptions In Schedule B)and agree to pay the additional premium for that coverage. i 1 I decline the offer of the Boundary Coverage and understand my Owner's Policy will contain the standard exception to"any discrepancies,conflicts,or shortages In area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements." CLOSING ACKNOWLEDGEMENTS A. WAIVER OF INSPECTION Buyer waives an on-site Inspection of the Property by Title Company and agrees that the Owner's Policy will contain the following exception to coverage: "rights of parties In possession? Buyer understands that with this exception to coverage the Owner's Policy does not insure against the rights of any persons now In possession of all or part of the Property,and does not insure against the rights of those persons by or through whom any persons possess all or part of the Property. As used in the Owner's PoHey,"possession"includes visible evidence of occupancy or use of the Property,including the use of roads or easements. Buyer understands that Buyer may be required to obtain possession of the Property from the current occupants,if any. Buyer has either inspected the Property or agreed to accept the risks arising from not inspecting the Property. The exception to coverage in the Owner's Policy to"rights of parties in possession"will not apply if,and only if, Buyer has made a written request for inspection,Buyer has paid the reasonable and actual cost of Inspection,and Title Company has inspected the Property and found it vacant with no evidence of possession by third parties. Buyer understands that any such inspection by Title Company is for the benefit of Title Company only and is for the limited purpose of determining whether the Owner's Policy will,or will not,insure against the rights of persons who may now be in possession of the Property. Title Company has the right to except from coverage ail matters revealed by the inspection. Title Company does not impact for and has no responsibility for the suitability or physical condition of or damage to the Property. The Owner's Policy insures title only. The Owner's Policy does not Insure against any defect In the physical condition of the Property. S. LENDER REQUIREMENTS AND DISCLOSURES(LOANS) If this transaction Involves a mortgage loan or the assumption of a loan, Buyer acknowledges awareness of the terms of the loan documents,including the Deed of Trust. Buyer understands Title Company may take instructions from the lender providing the mortgage loan, and that the lender may refuse to fund this transaction if the Property and/or Buyer fail to comply with the fender's requirements. Buyer releases Title Company from any liability or loss(including loss of the Property)arising from: (a)the lender's refusal to fund the loan;and (b)the terms of the loan documents,Including but not limited to the Deed of Trust. C. NOTICE OF PENALTIES FOR MAKING FALSE OR MISLEADING STATEMENT 1. Title Company is not a mortgage lender, mortgage banker or mortgage broker/loan officer. Nonetheless,In the public interest,and,in particular as to loans subject to Section 343.105 of the Texas Finance Code,Title Company makes the following disclosures: WARNING: Intentionally or knowingly making a materially false or misleading statement to obtain property or credit,Including a mortgage loan,is a violation of Section 32.32, of the Texas Penal Code, and,depending on the amount of the loan or value of the property,is punishable by imprisonment for a term of 2 years to 99 years and a fine not to exceed 910,000. Buyer has received,read,and understands this notice of penalties for making a materially false or misleading written statement to obtain a mortgage loan. If Buyer has applied for a mortgage loan, Buyer represents that all statements and representations contained in Buyer's written loan application, Including any statements or representations regarding my/our identity, employment,annual Income,and intent to occupy the residential real property secured by the mortgage loan(if such statements were made),are true and correct as of the date of loan closing. 2. Notice of Obligation To Report Fraudulent Activities. If a person determines or reasonably suspects that fraudulent activity has been committed or is about to be committed, the law Buyer's Affidavit and Agreement File No.9993-20-5831 orA/ requires that the person report the information to an authorized governmental agency. One such authorized governmental agency is: Texas Department of Savings and Mortgage Lending 2601 N.Lamar Blvd.,Ste.201 Austin,Texas 78705 Toll Free Consumer Hotline:1(877)276-5550 Main Number:(512)475-1350 Email:smlinfo@sml.texas.gov Website:www.smi.texas.gov NOTICE: THE TERMS OF THIS AGREEMENT ARE IMPORTANT. THIS AGREEMENT AFFECTS THE TiTLE INSURANCE COVERAGE PROVIDED, IT DISCLOSES IMPORTANT INFORMATION, AND tT CONTAINS IMPORTANT AGREEMENTS AND REPRESENTATIONS. BUYER CONFIRMS HAVING CAREFULLY READ,CONSIDERED AND,WHERE APPLICABLE, COMPLETED ALL THE ABOVE. D. SELLER DISCLOSURES Buyer understands that,under Texas law,it is the seller's responsibility(not the Title Company's)to give certain disclosures if the Property is located In one or more special districts. If the Property is a residence,the contract between Buyer and the seller probably discloses that the Property may be in one or more special districts. The disclosures apply to property in special districts that have the power to impose assessments similar to property taxes. These special districts include but are not limited to Municipal Utility Districts, Drainage Districts, and/or Public improvement Districts. Title Company may also disclose that the Property is in a special district. Any such disclosure by the Title Company is provided as a courtesy only. Buyer may want to consult with the seller to determine what special districts,if any,the Property is located within. If,as a courtesy,Title Company provides a disclosure for a special district,the giving of that disclosure is not a representation the Property is located only in that one special district. The Property may also be located in another special district. It is sometimes difficult to determine whether property is located within a special district E. POSSIBLE PLATTING REQUIREMENTS If the Property is part of a larger parcel of real property owned by the seller,the sale may be considered a subdivision of real property. A subdivision may require governmental approval and the filing of a plat,replat or amended plat. The failure to obtain governmental approval and file a plat,replat or amended plat may cause difficulties,Including the denial of building permits and/or the inability to connect to utilities. These same problems may arise if a previous safe did not comply with the laws regulating the subdivision of real property. The Owner's Policy does not Insure against these risks. Title Company does not and cannot provide advice or counseling as to legal matters,including whether or not a subdivision requires governmental approval. F. INVOLUNTARY LIENS Title Company has NOT performed a full search of the real property records with reference to possible tax liens,judgments,or other involuntary liens which may have been filed against the Buyer. Buyer understands that such involuntary liens(if any)may need to be released prior to the resale or subsequent mortgaging of the Property. G. CLOSE INTO ESCROW I, Buyer understands that the Title Company has dosed into escrow pending execution and delivery of ail closing documents,receipt of all required funds,and satisfaction of any conditions,including the following: • Delivery of good funds from Buyer • Delivery of documents signed by Buyer/borrower/seller • Other. • if Applicable: Delivery of good funds by lender • Lender's approval of closing documents • Delivery of good funds by seller • Borrower has met all lender requirements D. Three Day Right of Rescission(construction financing) 2. Buyer agrees that until such time as Title Company notifies the Buyer that all required documents and goad funds have been received,the Buyer acknowledges that the referenced transaction 1s not consummated,and title to the real property has not been conveyed. 3. Title Company makes no representations and bears no liability with regard to possession of sullied property. H. DOCUMENT REVIEW AND CORRECTION DOCUMENTS Buyer's Affidavit and Agreement File No.9993-20-5831 IN Buyer agrees to cooperate with Title Company after closing and sign any additional documents (including documents mistakenly omitted and correction documents)as may be necessary to correct anus, or complete or clarify information. Title Company cannot prepare legal documents that transfer ownership or create or release liens. If Buyer,seller,or lender has not arranged for the preparation of a legal document required for dosing,as a convenience to the parties,Title Company may order a warranty deed or other legal document from a licensed attorney. The attorney representing Title Company will be asked to prepare a standard legal document Such legal documents do not address issues such as survivorship,ownership in unequal shares,and mineral (oil and gas)reservations. At or before closing,Buyer agrees to review any such legal document, especially a deed,to confirm the document conforms to Buyer's expectations. If Buyer is In doubt as to whether a legal document will have the desired effect.Buyer agrees to notify Title Company Immediately and consult with Independent legal counsel. I. SHORTAGES IN AMOUNTS COLLECTED BY TITLE COMPANY If(a)information used by Title Company to calculate amounts to be collected or paid in connection with this transaction Is later found to be inaccurate or incomplete,or(b)the calculations used by Title Company are later found to be inaccurate and, as a consequence of(a)or(b), additional amounts must be collected or paid,Buyer agrees to pay to Title Company any additional amounts owed by Buyer after Title Company corrects the inaccurate information or calculation and/or obtains the complete Information. Buyer authorizes Title Company to deduct any such additional amounts from the funds held by Title Company on behalf of Buyer. TITLE COMMITMENT AND TITLE POLICY A. TITLE COMMITMENT 1. Buyer acknowledges prior receipt,either directly or through Buyer's agent,of the Commitment for Title Insurance('Commitment"). 2. The Commitment is not a title report,a title opinion,or a representation as to the status of title. The Commitment is,instead,a description of the title Insurance coverage to be included in the Owner's Policy. That coverage is contingent on compliance by Buyer and/or seller with all the terms and conditions in the Commitment Buyer acknowledges receipt of(or the offer of)a copy of all the documents described in Schedule B (including but not limited to a copy of recorded restrictions and easements)and Schedule C of the Commitment. Buyer agrees to assume all these matters affect the Property. Buyer acknowledges that the Owner's Policy will be subject to the standard printed terms,stipulations and the exceptions contained in the Commitment. Buyer acknowledges that if a matter shown on Schedule C of the Commitment is not addressed at or prior to closing, Buyer will not have title insurance coverage far that matter. If Buyer has questions or concerns about the matters shown on Schedules B or C,Buyer is advised to consult an attorney or other real estate professional. Buyer understands Title Company cannot provide advice or counseling on legal matters or on the merits of the transaction,including whether or not the Property Is suitable for Buyer's Intended use. 3. The escrow officer("closer")has been trained In the field of closing practices, but the escrow officer(and any assistant)cannot answer questions about title to the Property. The escrow officer or escrow assistant will deliver the Commitment and, If asked, will respond to requests for changes to the Commitment. The response will only reflect Title Company's decision whether or not to provide the requested title insurance coverage-the response must not be understood to be an opinion concerning title. Title Company's employees and agents (Including Its title examiners)do not give,and are not authorized to give,opinions as to title. Buyer confirms that Buyer has not relied upon any representation by Title Company, its employees,or its agents concerning title to the Property. B. TITLE POLICY Title Company is authorized to issue an Owner's Policy to Buyer covering the Property,subject to ail terms,conditions,exceptions and exclusions of the Owner's Policy. CLOSING DOCUMENTS A. RECEIPT OF SETTLEMENT STATEMENT Buyer acknowledges receipt and examination of the settlement statement. Buyer accepts the amounts shown on the settlement statement as accurate or acceptable and authorizes all payments shown on the settlement statement, Including without limitation any and all proration and disbursements. Buyer will have no claim whatsoever against Title Company for making the payments shown on the settlement statement. OTHER AGREEMENTS AND WARRANTIES Buyer's Affidavit and Agreement File No.9993-20-5331 0.(1)r INITIte/SyMk 1• Buyer agrees to indemnify and defend Title Company from and against any and all claims,demands, or causes of action,and any casts and expenses(including reasonable attorney's fees)arising from or connected with, directly or indirectly, (a) the falsity or inaccuracy of Buyer's statements and representations in this Agreement,and(b)Buyer's failure to comply with Buyer's obligations under this Agreement. 2. Buyer acknowledges that Title Company's role in closing this transaction is to act as a neutral third party. Title Company cannot provide advice or counseling on legal matters or on the merits of the transaction. 3. Home Warranties,If Buyer is purchasing a residence,Buyer has the option to purchase a residential service contract-sometimes referred to as a home warranty. The contract between Buyer and seller may provide that seller will reimburse Buyer for all or part of the cost of the residential service contract. Whether or not the contract between Buyer and seller provides for reimbursement,it is Buyer's responsibility to select the residential service contract and confirm that the cost of the contract and the amount of reimbursement, if any, appears on the settlement statement/closing disclosure. If at Buyer's request or at the request of Buyer's real estate agent,Title Company orders a residential service contract, Title Company does so as a courtesy only.Title Company is not contractually obligated to order or obtain a residential service contract on Buyer's behalf. If a written request(identifying the warranty company and particular policy)is not made in wilting at least five (5)days in advance of closing,Title Company may not have time to order the residential service contract. If Buyer desires a residential service contract,Buyer agrees It Is Buyer's responsibility to obtain written confirmation,either before or at closing,that the residential service contract has been or will be ordered and will contain the desired terms.Title Company has no obligation to perform under any residential service contract.Title Company makes no representation or warranty as to the adequacy of any residential service contract or as to the performance of the provider of any residential service contract, if a residential service contract was requested but Buyer does not receive the contract within 10 days after closing,Buyer agrees to confirm directly with the provider of the residential service contract that the contract was ordered and that appropriate documentation will be delivered to Buyer. 4. Upon request by a real estate broker or agent representing a patty to the transaction,Buyer agrees Tele Company may deliver to the broker or agent a copy of the documents Buyer signed at closing, but not those documents containing Buyer's social security,driver's license number and or passport number, 5. The terms of this Agreement survive the dosing and funding of the transaction described and will not be merged therein. This Agreement is binding upon Buyer and Buyer's heirs, personal representatives,successors,assigns,and beneficiaries. The releases and Indemnities given herein benefit and are enforceable by Title Company's officers,managers,employees,agents,attomeys, successors,and assigns. 6. if Buyer is a natural person,Buyer is over the age of 18 years and legally competent to enter Into this Agreement If Buyer consists of more than one person,the term°Buyer'includes the singular and the plural(and vice versa)as the context requires. 7. If Buyer is an entity(such as a corporation,partnership,limited liability company,or association), the person signing on behalf of Buyer individually warrants and represents that (a) the person signing Is the duly authorized representative of Buyer,(b)all factual statements above are true and correct(c)all agreements and terms and conditions of this Agreement are binding on Buyer;and (d)Buyer has met all legal requirements to operate as an entity and is in good standing under all applicable laws. WITNESS my hand this the 4th day of March,2020. rAtieVA 7MArlt.• - Meitesa Strong 7 Sworn to and subscribed before me,by the said Melissa S *ng this the 4th day of March,2020. ERNESTO ABEL GARCIA Texas Notary public,State of Notary Pure State of Texas eee 10.12-2021 Cormtota r Ey x pi r el 3131469.2 , 'otillo • Buyer's Affidavit and Agreement File No.9993-20-5831 INM/ryjile' The City of West University Place A Neighb(whood City NOTICE OF ZONING BOARD OF ADJUSTMENT HEARING The Zoning Board of Adjustment ("ZBA") of the City of West University Place,Texas("City") will hold a public hearing in the Municipal Building, 3800 University Boulevard, City of West University Place, Texas 77005, during a meeting set to begin at 5:30 p.m. on June 25, 2020.The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m. on July 23,2020.The purpose of the hearing is to provide an opportunity for all persons to be heard in relation to the following matter: Address of the site: 3782 Georgetown St.,Houston,TX 77005 Legal Description: Lot 1,Block 2 of Sunset Terrace Sec.4,Harris County Docket Number: 2020-0004 Applicant: Melissa Strong Action Requested: Special exception to Appendix A — Table 7-5a, Note 5. Requesting an additional curb cut in the side yard(setback)to create a semi-circular driveway in the side yard(setback). Additional Details: The applicant plans on constructing a side street with a driveway in the side yard (setback).The ordinance authorizes one curb cut per building site. ZBA can authorize additional curb cuts per Note 5 of Table 7-5a. The applicant would like to create a semi-circular driveway in the side yard setback. Applicable regulations include the City's Zoning Ordinance,Code of Ordinances,Chapter 211 of the Texas Local Government Code and the rules of the ZBA. The application is available on the city's website at www.westutx.gov. Additional details on such matters, as well as the applicable regulations are also available for public inspection in the Public Works Center,3826 Amherst,West University Place,77005. Any person interested in such matters should attend the hearing. If you plan to attend this public meeting and you have a disability that requires special arrangements at the meeting, please contact the City Planner at 713-662-5830 in advance of the meeting. Reasonable accommodations will be made to assist your participation in the meeting.The Municipal Building is wheel chair accessible from the West and Southwest entrances and specially marked parking spaces are available in the Southwest parking area. Signed: Clay Chew,for the ZBA posted and mailed on or before June 12, 2020. cchew@westutx.gov 713-662-5830 TOP WORK 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov STRONG MELISSA WATOWICH STANLEY J &STEPHANIE S CURRENT OWNER 3805 COLERIDGE 3778 GEORGETOWN ST 3775 GEORGETOWN ST (C/0 3782 GEORGETOWN) HOUSTON TX 77005-2822 HOUSTON TX 77005-2822 HOUSTON TX 77005 LANE ROBERT LAWRENCE & DONNA MCWHORTER JOHN T OU RICHARD &SOPHIA 3770 GEORGETOWN ST 3766 GEORGETOWN ST 3767 GEORGETOWN ST HOUSTON TX 77005-2822 HOUSTON TX 77005-282 HOUSTON TX 77005-2821 HARDEE ERIC& LISA UFFELMAN BRIAN L& SANDRA CURRENT OWNER 3771 GEORGETOWN ST 3775 GEORGETOWN ST 3514 AMHERST ST 1 HOUSTON TX 77005-2821 HOUSTON 77005-2821 (C/o 3779 GEORGETOWN) HOUSTON TX 77005-3338 PAGET SCOTT L& CATHERINE R LEE HEDY CURRENT OWNER 3781 GEORGETOWN ST 3772 RICE BLVD 3768 RICE BLVD HOUSTON TXX 77005-2821 HOUSTON TX 77005-2824 HOUSTON TX 77005-2824 BATCHELOR JOSHUA& DANIELLE BUCKNER ALAN & LAURA KRONZER WALTER J III & KATHRYN 3764 RICE BLVD 3781 PLUMB ST 3777 PLUMB ST HOUSTON TX 77005-2824 HOUSTON TX 77005-2809 HOUSTON TX 77005 BRISCH MICHAEL& KAREN MCCARTNEY JAMES W BROOKS MARK WALLACE 3773 PLUMB ST 3769 PLUMB ST 3765 PLUMB ST HOUSTON TX 77005-2809 HOUSTON TX 77005-2809 HOUSTON TX 77005-2809 BOTTECELLI PAULA SLUSKY ELLIOT S &SHARON CANGELOSI INNOCENT % PAULA BOTTECELLI REVOCABLE 3782 PLUMB ST 3778 PLUMB ST TRUST HOUSTON TX 77005-2810 HOUSTON TX 77005-2810 3774 PLUMB ST HOUSTON TX 77005-2810 MORGAN CHRISTOPHER K& KATHLEEN CRIPE MICHAEL R SMITH WILLIAM CREIGHTON DR & 3770 PLUMB ST 6012 AUDEN ST CRISTINA HOUSTON TX 77005-2810 HOUSTON TX 77005-2812 6008 AUDEN ST HOUSTON TX 77005 SMITH WILLIAM CREIGHTON & CURRENT OWNER CHAVEZ ANTHONY& PAULETTE CRISTINA 5940 AUDEN ST 5936 AUDEN ST 6004 AUDEN ST HOUSTON TX 77005 HOUSTON TX 77005-2806 HOUSTON TX 77005 MARAGOS GISELE &SPYROS A WRAY TARA&CURTIS CURRENT OWNER 5932 AUDEN ST 5928 AUDEN ST PO BOX 270596 HOUSTON TX 77005-2806 HOUSTON TX 77005-2806 (C/O 5920 AUDEN ST) HOUSTON TX 77277-0596 ANGLY PRISCILLA R KAML LIVING TRUST WELLS DIANNE 5916 AUDEN ST 5912 AUDEN ST 3804 COLERIDGE ST HOUSTON TX 77005-2800 HOUSTON TX 77005-2800 HOUSTON TX 77005-2834 WRAY CURTIS J &TARA KATZ MATTHEW & KRISTEN 3803 COLERIDGE ST 3804 TENNYSON ST HOUSTON TX 77005-2833 HOUSTON TX 77005-2852 •THIS INFORMATION IS BASED ON GRAPHIC PLOTTING ONLY,WE DO NOT ASSUME RESPONSIBILITY PLEASE REFER TO FEMA FLOOD INSURANCE STUDY OF CORRESPONDING COUNTY AND • INCORPORATED AREAS FOR EXACT DETERMINATION.CURRENTLY EFFECTIVE FEMA MAP NO LOMR RESEARCH HAS BEEN DONE FEMA WEBSfTE httpaNmac.lema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?etoreld-10001+catalogld-10001+1angld.-1 •Subject Property IS Located in a Federal Insurance Administration Designated FLood Hazard Area, and Lies in SHADED ZONE'X' t ,, As per Community, and Map 480318 48201C Panel 0860L Dated 06/18/2007 O �.s - LOT 1 OM[t��G'�TERRACE SECTBOON 5 VOL 17 PCS 31 C;l.Cc'.G�•H• • ', _ wy 5' X 20 A.E. LOT 2 -, ,,�.0 SET 5/8 IR FND.1_172_ 0.79' LPEB o WIC�P _ 5 U.E. EAST II 68.7 rt II-- A I� WV Ci cn t .A v1 5' U.E. ` N N 6"CRAPE MYRTLE 5' X 20' A.E. STM MH RIM 48.35,' 1306' GM y , 12"CRAPE MYRTLE I N 22.5 EM y (0, y'r_ is_, b .. W I � • 1.9.p 21.6 CO I SAN MH RIM 48.34 v J z w 0- Z I W > Q O Q - o W2 � 0ULOT 1 , - LOT2 I-%n 1 1 I 0.9:P-10.5 pl 0w • I �0 %Z 10.9 b z �o u, 1L 0 -- EA i N Ls) W- UU < I cn T rn 2� 2O. _ - �.NC 452 z aOm Z jI ole, ,, $ o 0 28.7 F w Lu m 4 0 WICEI cry�'r • �_-- %Q ° 0 0) CD --'. 0 CS, �11 LU o coco¢ `n ons ~� il N Uti "1� ' - 1 STORY BRICK/FRAME a E ,I, 7'_ .z 0 nF W 8 I-Z ZF6 m77 O o HF O orc m cn ` ' = ill i--‹ Sao Ow pwww o o M 4.5 �< 3=' . U U r r- 7.17 22.7 ", t-2 w4- 2zz < 0.3 Ww pw11 zot ¢ m M 24.0 4:49 �m , �� 0zzz - 25' BL oT 6z w H H 02 J Z W, L�Q1�jco co CC o 022 2 ? § O o LI-) u_3 J 200 Z `' wc0ODU �_ STM MH RIM 48.07 ' O" CONTROL Wo__WC z �z -1UU I 010 MONUMENT rUcc¢F JJ OH OH INLET RIM 47.72 '1 G? '' . t FND.5/8'IR 3.6� a a Z H H 18"W FL 43.78 '' " tt��. U w v>a QUU -,r: oww-3aQrZd w w FND 5/8,IR` WEST 5718 I 9 CO F w W z m R `;; +, 4 D v1 0 � � FH s 0 2Z. � � �OC7 i_ WWV LP WM WM g 2 U U U W W T-SIGN ,, ,z ..... o w w O wjdw WV lu 0�=i ITm cc cc EDGE OF PAVEMENT 4"FL 48.25 4"FL 48.33 '" _ a F Z 0 � ww 6 ,c).ii0�0 z ' " " GEORGETOWN STREET (60'' R.O.W.) §°z-5°W z 4m4o- aa WWII W min SAN MH RIM 48.51 Q J D J S D 4 OJWfn 41-- Cnw LOT BLOCK SUBDIVISION SECTION 1 2 SUNSET TERRACE 4 COUNTY STATE RECORDED SURVEY: - SCALE:1'=20' HARRIS TEXAS VOLUME 17 PAGE 4 H.C.M.R. ADDRESS LND. �/8'In OWNER DRISKILL LORINDA ELIZABETH 3782 GEORGETOWN STREET, HOUSTON TEXAS 77005 SURVEYOR ,,/ f of I.,--- ENGINEERING+SURVEYING■ -' • ! ,-' ' O+•� 12651 BRIAR FOREST,SUITE 350 L * HOUSTON,TEXAS 77077 GILBERT PRIDA (TEL)281-741-1998 (FAx)281-741-2068 5662 ••••' E-MAIL GPRIDA'MSN.COM I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER 9�?•O"ass io*!kO TX. REG. NO. 10109600 MY SUPERVISION AND THAT IT CORRECTLY REPRESENTS THE FACTS FOUND 4. Q •••.•v „\ AT THE TIME OF THE SURVEY.THERE WERE NO ENCROACHMENTS APPARENT `-1 S U R I y •. , ON THE GROUND EXCEPT AS SI-IOWN HEREON. .' ,r', DATED BY �%�MAY 2 9 2020 MORT.CO. FIELD WORK 02/10/2020 AS ---------_..._-- TITLE CO. GILBERT PRIDA G.F.NO. DRAFTING 05/29/202C GP REGISTERED PROFESSIONAL LAND SURVEYOR KEY MAP 532A STATE OF TEXAS NO.5662 JOB NO. 2020-02007 m 0 a ' �, N n $ xwp I #'� -- l Y CO O `V �• �� $, .> ... TM" i v T.,.:2.„-:.-.ms. ' * QVP • 4 + ?r a k "r�.e G • N O Q O t 6, : N 's - t ", k N J} 4 s§ T� O O J x. 3`` M .� 4 n m � • rn Zyy 'ft' ' Go W 'oo ..:, :-.-..,-,44,y ii./".:,<--,. ,!.: - ': <• .. > 4. S P JI ... # Z m " ,,� x ei' 4 1, ., e I Ji k , / Aril . .. , „ #- ' syr ;, r.: g + o e ': €f' ' aa f., •-rte t, rj. 4 TAktez , . 'Xis iH R ms. ! 1 4�t •fir ��rt : 1:i--,1'''''''-'. ++ { . . .., : .. .Q • �, e ,... . 471-iii.----5 s . k+y , .p H '''''''':— . .'''' ,.; .- .. 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