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HomeMy WebLinkAbout03252021 ZBA Agenda Item 3 City of West University Place To: Zoning Board of Adjustments From: Clay Chew,Building Official Date: March 25,2021 Re: 5706 Kirby-Staff Report for Docket 2021-0004 Applicant's Request Applicant is requesting a special exception to provide 3.3 parking spaces per 1000 square feet of gross floor area instead of 10 parking spaces per 1000 square feet. Background Information The applicant is proposing to replace the existing bank at 5706 Kirby with a new bank with full-service drive thru. Staff Response Appendix A, Article 10, Section 10-100 off street parking requires 3.3 parking spaces per 1000 square feet unless the use is auto-intensive and the requirement is 10 parking spaces. Auto-intensive is defined in Article 2, Section 2-102 as any land use where goods or services are provided to or for motor vehicles or to persons who may remain within their motor vehicles to receive such goods or services. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this section. (3) If the proposed special exception involves a bar, the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this section. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the special exception in question. 11 Section 10-100. Off-street parking. There must be off-street parking spaces for each occupied building space within the city, as set out below, and subject to the other provisions of this ordinance: Use of type of space Minimum number of parking spaces SFD use. The number of garage parking spaces required by Article 7 plus one additional space located between the required garage spaces(s)and the public roadway. The additional space may be on the building site or in the adjacent street area (or partly in each), but may not encroach upon any part of a public sidewalk (existing or proposed)or the roadway. Other residential space 2.5 (3.0 in PDD-TH1, PDD-TH2 and PDD-TH5) per DU. See Note 1. Use of type of space Minimum number of parking spaces Community center, library, school, place of worship, 10.0 plus 3.33 per 1,000 square feet of gross floor area museum or similar institution, which may include in excess of 2,000 square feet. mixed uses and types of space served by common parking spaces(including auditoria and any high- density occupancy spaces that are part of the institution) Health care facility space (not including offices) Greater of 1.5 per bed or 1.5 per employee on the maximum work shift. Theater or auditorium space or space with any high- Greater of: (i) 1.0 for each four seats;or(ii) 1.5 per density occupancy(except as included in community 1,000 square feet of gross floor area, plus 1.0 for each center, library,school, place of worship, museum or employee on the maximum shift. similar institution) Office space used to provide medical services 6.0 per 1,000 square feet of gross floor area. Other office space 4.0 per 1,000 square feet of gross floor area. Physical fitness facility space 10.0 per 1,000 square feet of gross floor area. Studio and gallery space for visual arts 5.0 per 1,000 square feet of public area. Bank and financial services space (except space used 3.3 per 1,000 square feet of gross floor area. for auto-intensive uses) Space with auto-intensive uses 10.0 per 1,000 square feet of gross floor area. Retail space used for rental of personal property 10.0 per 1,000 square feet of gross floor area. (except space used for auto-intensive uses) Food service space with indoor or outdoor seating Greater of: (i) 1.0 for each three seats for the general such as dine-in restaurant space,club,cafe and similar public; or(ii) 10.0 per 1,000 square feet of gross floor recreation or amusement space(except space used area. for auto-intensive uses) Grocery store space 5.0 per 1,000 square feet of gross floor area. Convenience store space(without gasoline fueling 4.0 per 1,000 square feet of gross floor area. facilities) Retail space for the showroom display and sale of 2.0 per 1,000 square feet of showroom and repair home furnishings and appliances area. Other retail and personal service space, including 5.0 per 1,000 square feet of gross floor area. carryout food service space with no indoor or outdoor Created: 2021-03-20 22:15:23 [EST] (Supp. No.39) Page 1 of 2 Section 2-102. Certain terms. Certain terms in this ordinance, whether capitalized or not, are defined as follows for purposes of this ordinance: Accessory. A building, structure or use is "accessory" if it is: (i) subordinate and incidental to a lawful principal building and use on the same building site, and (ii) is necessary or convenient for a lawful principal use of such building. An accessory building, structure or use can include, but is not limited to, a garage, guest quarters, pool cabana, game room or other similar use. But see, Table 7-1, Note 2. Accessory quarters (or "AQ"). A dwelling unit meeting all of the following criteria: (i) it is located on the same building site as a principal building containing a dwelling used for single-family (detached) use; and (ii) it includes no more than six hundred square feet of gross floor area. Adjacent side yard building site or lot means a building site that abuts another through a shared side property line. Administrative official. The person designated as such by the city manager. Attic. Unfinished space immediately beneath a roof and above any story below. In this definition, "unfinished" means that the space has none of the following: (i) air conditioning or heating for the space, (ii) wiring or cabling in excess of the minimum needed for maintenance of the structure or mechanical equipment, or(iii) sheetrock, paneling or similar wall or ceiling materials. Auto-intensive use. Any land use where goods or services are provided to or for motor vehicles or to persons who may remain within their motor vehicles to receive such goods or services. Examples, which do not limit this definition, are gasoline fueling facilities, automobiles sales or repair facilities and "drive-through" or "drive-in" establishments. Balcony. A platform enclosed by a wall or balustrade on the outside of a building above the first floor, with access from an upper-floor door. Bar. Any commercial unit within which either: (i) 50 percent or more of the gross floor area is devoted primarily to the preparation or sale of alcoholic beverages for consumption on the premises; or (ii) the sale of alcoholic beverages for consumption on the premises accounts for 50 percent or more of the gross sales with such commercial unit in any month out of the three preceding months. Block. An area bounded by street areas and occupied by or intended for occupancy by buildings. Block face. A continuous row of parcels of land all on one block and all touching a given street. Bufferyard, SF. A yard in a non-SF District buffering an SF District. It is measured from the nearest part of an SF District. See the "Yards" table in Article 7. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind. Two attached buildings are considered a single building unless they are separated by a firewall unbroken by interior passageways or openings. See definition of"detached." Building official. The person designated as such under the City's building code. Building site. See Article 5. An "old" building site was established with its present boundaries before October 24, 1987. A"new" building site is any other building site. Created: 2021-03-20 22:15:22 [EST] (Supp. No.39) Page 1 of 17 Arc,, • City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 5706 KIRBY DR HOUSTON TX 77005 A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of Legal description of the site: 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County,Texas,and being a part of"Tract B"in Block No.4 ofQuenby Court,a subdivision in Applicant:BancorpSouth Bank to the map or plat of record in Volume 22,Page 37,Harris County Map Records. Address: 201 S.Spring Street Tupelo,MS 38804 Contact:Stephens Daniel(Architect) Phone:662-260-4543 Fax: Email:stephens@daniel- Daniel Design Studio, P.C. designstudio.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: Section 10-100.-Off-street parking. (X)Special Exception. There must be off-street parking spaces for each occupied • Exact zoning ordinance section that authorizes the special exception: building space within the city,as set out below,and subject to the other provisions of this ordinance: • Exact wording of special exception requested: Space with auto-intensive uses- 10.0 per 1,000 square feet of gross floor area. Bank and financial services space- 3.3 per 1,000 square feet of gross floor area. ( )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 (x)Yes(list items here and attach them) -Survey of existing site. -Proposed site plan with new branch bank. Attached.The applicant h s read the State and City r tions attached. Signature of applicant: f Date: 3-i- 21 For Staff Use only Date filed: 3-3 -2 i Date heard: 3 - Z C.-- 2 / Docket#: pZ JZ /-000d (1 `UCJUdf Form ZBA-102 ANIEL ESIGN TUDIO March 1, 2021 Request for Special Exception to Appendix A, Article 10, Section 10-100 To Whom it May Concern: I am writing to file an official request to Appendix A, Article 10, Section 10-100 of the Zoning Ordinance for the City of West University Place. Our project location is at 5706 Kirby Drive. The scope of our project is the removal of the existing building along with some of the site paving and to build a new full-service drive thru, branch bank. The branch would have a smaller footprint than the existing branch and the total number of drive thru lanes would be reduced from what is existing. Currently the code of ordinance requires bank and financial services spaces to have 3.3 spaces per 1,000 square feet of gross floor area. We understand that because our branch will have a drive thru service, we are considered to be an auto intensive use, which would require 10.0 per 1,000 square feet of gross floor area. The size of the bank's property and the setback requirements pose a hardship to fit 10 parking spaces and still provide the required spacing for traffic flow in and around the site. The additional space requirement also limits the amount of potential green space. We are asking for a special exception to allow the project to follow the bank and financial services space requirement of 3.3 spaces per 1,000 square feet of gross floor area. If you need any additional information or have any questions regarding the proposed project, please feel free to contact me. I look forward to hearing from you. Sincerely, T7Jt-47 • Stephens Daniel, AIA, President Daniel Design Studio, P.C. 398 E. Main St., Ste. 209 Tupelo, Mississippi 38804 Ph (662) 260-4543 c GRAPHIC SCALE 1 20 0 10 20 ■'� ROBINHOOD PUBLIC R STREET 1 inch = 20 ft. (50' —•—,. CONC. SIDEWALK ' END. 5/8" I.R. SET 5 8" CIR STS. .. . N 87632'OI" X00. 0 Z ,,Illo . _ o . •�► -fir a LEGEND:RIAL EASEMENT 0.4' 'i�� 4` PA- NG SPA •S AE - AEBL - BUILDING LINE N u 9.7' • ESMT - ll".11LDG - 111NG I 1 s' EAST.:100' FND - FOUND OUT OF tn HL&P - HHOUSTON LIGHTING & POWER I CONC. PAVING IP - IRON PIPE z "B" .TRACT 8".. 0 BLOCK 4 IR - IRON ROD ti CIR - CAPPED IRON ROD = o "STS" - STAMPED SOUTH TEXAS SURVEYING I0.2295 ACRES / N ti+ HCCF - HARRIS COUNTY CLERKS FILE n • HCDR - HARRIS COUNTY DEED RECORDS f7 D V Z( 1 / 0 ,000 SQ. FT.) .� HCMR - HARRIS COUNTY MAP RECORDS ^ r U7j77_ I SIGN POLE-Ern v= POB - POINT OF BEGINNING POC - POINT OF COMMENCINGTT � PS - PARKING SPACES r0 p Z m N ^ / ' Xi ROW - RIGHT OF WAY 0 0 P N I ~. SQ. FT. - SQUARE FEET I UE - UTILITY EASEMENT 04. C C - POWER POLE • o N o o " . E—GUY WIRE 0) bN f7 - - CURB INLET A n ♦� 0 >t- LIGHT POLE oz._ D COVERED AREA. IV ° �� n 9o. � — SANITARY MANHOLE 77 O ® — CATCH BASIN j N • v - Z W � •n ® ;. .0 ' � , 0 — ,-- co -Oo 0 r- Q . O '_Ill Z' 0- 16.7' L� zz—I I cn SET 5/8" CIR STS S 87'32'00" W J 100.00' SET 5 8 CIR STS CALLED 0.56 ACRES I H.C.C.F. NO. 20110271308 I I 1 NOTES: 1. BEARING BASIS IS THE SOUTH R.O.W. LINE OF ROBINHOOD STREET BEING N 87'32'00" E. 2. SURVEYOR DID NOT ABSTRACT PROPERTY. SURVEY BASED ON LEGAL DESCRIPTIONS BASED ON DEED M415967. 3. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 4. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF. 5. SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY. 6. THE FINDINGS AND OPINIONS OF SOUTH TEXAS SURVEYING ASSOCIATES, INC. REFLECTED HEREON ARE PRIVILEGED, CONFIDENTIAL AND INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY FOR WHOM THIS WORK WAS PREPARED, IT IS UNDERSTOOD THAT THE USE OF, CATEGORY 1 A, CONDITION II RELIANCE ON, OR REPRODUCTION OF SAME, IN WHOLE OR IN PART, BY OTHERS WITHOUT SURVEY OF THE EXPRESS WRITTEN CONSENT OF SOUTH TEXAS SURVEYING ASSOCIATES, INC. IS PROHIBITED AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. SOUTH TEXAS SURVEYING A 0.2295 ACRES (10,000 SQ. FT.) OF LAND BEING EAST 100 FEET OUT ASSOCIATES, INC. SHALL BE HELD HARMLESS AGAINST DAMAGES OR EXPENSES RESULTING OF TRACT "B" IN BLOCK 4 OF QUENBY COURT, AN ADDITION IN HARRIS FROM SUCH UNAUTHORIZED USE, RELIANCE OR REPRODUCTION. COPYRIGHT 2020. ALL COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 22, RIGHTS RESERVED. PAGE 37 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. 7. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. CERTAIN EASEMENTS AND/OR BUILDING LINES MAY HAVE BEEN GRANTED WHICH ARE NOT REFLECTED HEREON. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY SURVEYORS CERTIFICATION BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. THIS SURVEY WAS DONE I, hereby certify that this survey was made on the ground and WITHOUT BENEFIT OF DEED. OWNER SHOULD OBTAIN A TITLE COMMITMENT BEFORE completed on this 31ST day of JANUARY, 2020 and that this plat DESIGN OR CONSTRUCTION COMMENCES. i correctly represents the facts found at the time of survey showing PROPERTY LIES WITHIN FLOOD ZONE X—SHADED any improvements. There are no encroach— ments apparent on the , ACCORDING TO F.I.R.M. MAP NO. ground, except as shown. This survey substantially complies with the 48201C 0860L , DATE 06-18-2007 • BY GRAPHING PLOTTING ONLY, WE current Texas Society of Professional Surveyors Standards and DO NOT ASSUME RESPONSIBILITY FOR EXACT DETERMINATION. Specifications for Category 1A, Condition II Survey. This survey is BEFORE ANY DEVELOPMENT PLANNING, DESIGN, OR CONSTRUCTION IS STARTED, THE COMMUNITY, CITY AND COUNTY certified for boundary only and for this transaction only. Surveyor did IN WHICH SUBJECT TRACT EXISTS SHOULD BE CONTACTED. SAID ENTITIES MAY IMPOSE LARGER FLOOD PLAIN AND not abstract property. Easements, building lines, etc., shown are as FLOODWAY AREAS THAN SHOWN BY F.I.R.M. MAPS THAT WILL AFFECT DEVELOPMENT. identified by: GF N/A of N/A ADDRESS: 5706 KIRBY DRIVE REVISION: -..rAN.., OF ` CITY: HOUSTON, TEXAS ZIP: 77005 Ar A�" TF,TF 1 i\ PURCHASER: SHERRILL BURTON / , Q;�0 9F.y ,1)o ;,�� N k JOB NO: 0154-20 DATE: 1-31-20 SCALE: 1"=20'-00" // 1 / <FREDW.�LAWTON > °�.09 p�2321 'i. � Pv e� T �>•�� fir oopEss�o? PROPERTY LINE 5' SETBACK - - / 77,-- zo'-o" 70O -0, IL , 0, ,___, 1 ' C D 71 IEDZ, i- (s) co rm n P r 7 / 15'-9" / 18'-5118" / ;Wp D n 13 =O 36-3 9/16" Zp '-0 JA . ' O� SETBACK ' ,-7, -\ r7' IV W 0 1 4 41, / — PROPERTY LINE / KIRBY DR. .o o ©,BancorpSouth - -41 J N m F o -{xi s KirbDrive Branch Bank aao o z z 4 o 9 s o (West University Place.Texas) f 0 Y p fff ". � "F ` ^tt f l i 1 . ' i ! ti jr rx,, �.�,a i. :',4-, 1 illir •,,,•,A ...,..... .,,,, - ...,_ . - . i ts 12.,_,' i ' ,......:.. J r aria+ .) * ' y .. ✓ a. li ,4 I 1 ? N. i# P • , t i „:- *22i41 te1 i�. et ,,,,„ ' k it _."r gyp' \ -7' 4 4 1 \- 4 s„,.. ' x W 1 '. :! s . 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I'�" ua t s l 41 `' as M a x ,.a: OWNER'S POLICY OF TITLE INSURANCE (T-1) Issued By: Policy Number: -' Fidelity National Title Insurance 1076602000212-01 ",I Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX----SPS-2739843-1-21-1076602000212 Page 1 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 (continued) 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records: (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Fidelity National Title Insurance Company By: Issued By: Charter Title Company Randy Quirk, President .0 LE � . '4T Attest: zSEAL '2/laza 71.1,7K-0,440---� Lizia;(auk" Teri Houk Marjorie Nemzura, Secretary FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX--SPS-2739843-1-21-1076602000212 Page 2 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 (continued) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-2739843-1-21-1076602000212 Page 3 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 OWNER'S POLICY OF TITLE INSURANCE (T-1) SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 GF No.: ch-7660-1076602000212 Policy No.: 1076602000212-01 Address for Reference only: 5706 Kirby Drive, West University Place, TX 77005 Amount of Insurance: $1,800,000.00 Premium: $9,039.00 Date of Policy: February 2, 2021 at 12:00 AM 1. Name of Insured: BancorpSouth Bank, a Mississippi banking corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: BancorpSouth Bank, a Mississippi banking corporation 4. The land referred to in this policy is described as follows: A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County, Texas, and being a part of"Tract B" in Block No. 4 of Quenby Court, a subdivision in Harris County, Texas, according to the map or plat of record in Volume 22, Page 37, Harris County Map Records END OF SCHEDULE A FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-2739843-1-21-1076602000212 Page 4 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 SCHEDULE B EXCEPTIONS FROM COVERAGE Policy No.: 1076602000212-01 GF No.: ch-7660-1076602000212 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'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): Intentionally Deleted 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. 4. Any title 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 or 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 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 2021, 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. A deed of trust to secure an indebtedness in the amount shown below, Amount: $1,300,000.00 Dated: February 1, 2021 Trustor/Grantor BancorpSouth Bank, a Mississippi banking corporation Trustee: Jerel J. Hill Beneficiary: Knight and Pentacles, Limited, a Colorado limited partnership Recording Date: February 2, 2021 Recording No: RP-2021-58010 b. Subject to the zoning ordinance now in force in the City of West University Place, Texas including but not limited to those recorded in Volume 1075, Page 485 of the Deed Records of Harris County, Texas. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX----SPS-2739843-1-21-1076602000212 Page 5 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) c. Right of Way lines established along Kirby Drive as set forth in instrument recorded in Volume 6422, Page 181 of the Deed Records of Harris County, Texas. d. Any and all leases recorded or unrecorded, with rights of tenants in possession e. All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. FORM T-1: Owner's Policy of Title Insurance(01/03114) TX----SPS-2739843-1-21-1076602000212 Page 6 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 CONDITIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or de-creased by Sections 10 and 11 of these Conditions. (b) "Date of Policy":The date designated as"Date of Policy"in Schedule A. (c) "Entity":A corporation,partnership,trust, limited liability company or other similar legal entity. (d) "Insured":the Insured named in Schedule A.. (i) The term"Insured"also includes: (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title: (1) If the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) If the grantee wholly owns the named Insured, (3) If the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A), (B), (C)and(D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": an Insured claiming loss or damage. (f) "Knowledge"or"Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land"does not include any property beyond the lines of the area described in Schedule A, nor any right,title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law. (i) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title":the estate or interest described in Schedule A. (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title.This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a)below, or(ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy,the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance,adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued,the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy;(iii)upon payment of appropriate premium and charges therefore,issue to the Insured Claimant or to a subsequent owner,mortgagee or holder of the estate or interest in the Land insured by this policy,a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien,encumbrance, adverse claim or defect; (v)secure a release or other document discharging the lien,encumbrance, adverse claim or defect;or(vi)undertake a combination of(i)through(v)herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX---SPS-2739843-1-21-1076602000212 Page 7 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 (continued) (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy.The Company shall have the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured.The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured.The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option,the name of the Insured for this purpose.Whenever requested by the Company,the Insured,at the Company's expense, shall give the Company all reasonable aid(i)in securing evidence,obtaining witnesses, prosecuting or defending the action or proceeding,or effecting settlement, and(ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence,reports,emails,disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing,for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this subsection,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY. In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy,other than to make the payment required in this subsection,shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of: (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title,as insured: (i) the Amount of Insurance shall be increased by 10%;and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of these Conditions. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX----SPS-2739843-1-21-1076602000212 Page 8 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 (continued) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title,or removes the alleged defect,lien or encumbrance,or cures the lack of a right of access to or from the Land,all as insured,or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method,including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals,adverse to the Title, as insured, (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed,or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs, attorneys'fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION. Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy.All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person(as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim,shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions.Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment,endorsement or other form,or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum:Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. FORM T-1: Owner's Policy of Title Insurance(01/03/14) TX----SPS-2739843-1-21-1076602000212 Page 9 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.: 1076602000212-01 (continued) 18. NOTICES,WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at National Claims Administration,P.O.Box 45023,Jacksonville, FL 32232-5023. TX----SPS-2739843-1-21-1076602000212 FORM T-1: Owner's Policy of Title Insurance(01/03/14) Page 10 Electronically Recorded County: iS Date: Z- Z-2( SPECIAL Recordingirarmation• 21 - WARRANTY DEED WITH VENDOR'S LIEN S 8 0 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. Dated Effective as of: February 1, 2021 Grantor: KNIGHT AND PENTACLES, LIMITED a Colorado limited partnership, which erroneously acquired title as KNIGHT AND PENTACLES,a Colorado limited partnership Grantor's Mailing Address: 1400 Post Oak Blvd., Suite 1100 Houston,TX 77056 Grantee: BancorpSouth Bank, a Mississippi banking corporation Grantee's Mailing Address: 201 South Spring Street Tupelo, MS 38804 Consideration: TEN AND NO/100 ($10.00) Dollars and a note of even date that is in the principal amount of$1,300,000.00 and is executed by Grantee, payable to the Grantor as therein provided. The note provides for acceleration of maturity and payment of attorney's fees in the event of default. It is secured by a Vendor's Lien retained in this Deed and by a Deed of Trust of even date to Jerel J. Hill,Trustee. Property: (including any improvements): A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County,Texas, and being a part of"Tract B" in Block No.4 of Quenby Court, a subdivision in to the map or plat of record in Volume 22, Page 37, Harris County Map Records. Reservations from and Exceptions to Conveyance and Warranty: Charter Title Company 1076602000212 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALi T Y 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 tN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: ' ' i , 2021 Grantor: KNIGHT AND PENT.ACLESW dl ► & limited partnership which erroneously acquired title as KNIGHT AND PENTACLES, a Colorado limited Grantor's Mailing Address: partnership 1400 Post Oak Blvd., Suite 1 100 Houston, TX 77056 Grantee: BancorpSouth Bank, a Mississippi banking corporation Grantee's Mailing Address: 201 South Spring Street Tupelo, MS 38804 Consideration: TEN AND NO/100 ($10.00) Dollars and a note of even date that is in the principal amount of$1,300,000.00 and is executed by Grantee, payable to the Grantor as therein provided. The note provides for acceleration of maturity and payment of attorney's fees in the event of default. It is secured by a Vendor's Lien retained in this Deed and by a Deed of Trust of even date to Jerel J. Hill,Trustee. Property: (including any improvements): A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County, Texas, and being a part of"Tract B" in Block No. 4 of Quenby Court, a subdivision in to the map or plat of record in Volume 22, Page 37, Harris County Map Records. Reservations from and Exceptions to Conveyance and Warranty: r L2j (Oil This conveyance is made and accepted subject to all valid and subsisting restrictions, reservations. conditions, limitations, covenants, exceptions, mineral conveyances, and easements properly of record in the Office of the County Clerk of Harris County',Texas,if any,affecting the above-described property. 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 heirs,executors,administrators, successors,or assigns forever. Grantor binds Grantor and Grantor's heirs, executors,administrators,and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors,administrators,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, when such claim is by,through, or under Grantor, but not otherwise. The Vendor's Lien against and superior title to the property are retained until the above- described Note is fully paid according to its terms,at which time this Deed shall become absolute. EXHIBIT B to the Sales Agreement between Grantor and Grantee dated October 30,2020,(AS 1S provision) is incorporated by reference into the Deed. When the context requires, singular nouns and pronouns include the plural. KNIGHT AND PENTACLES,a Colorado limited partnership _ dirSherrill Burton Title: r .0 f.--11/4.-CAS,,A.A...te. �C � (, ILL I fit-W1 12 ' e4et gev LSSA , g 8�\ S 0,004-1 JEREL J. HILL ATTORNEY AT LAW BOARD CERTIFIED OFFICE ADDRESS: RESIDENTIAL AND COMMERCIAL. REAL ESTATE LAW 1420-B STONEHOLLOW DRIVE TEXAS BOARD OF LEGAL KINGWOOD,TEXAS 77339 SPECIALIZATION 281-358-3560 SELLER FINANCE DISCLOSURE Date: January ,2021 Re: Knight and Pentacles to BancorpSouth Bank Dear Seller/Lender: At the request of Charter Title Company, I have prepared a deed, note, deed of trust, and loan agreement for the above-referenced transaction. 1 have performed no legal services but document preparation. 1 wish to notify you that: 1. Unless I am advised to the contrary, the deed of trust will include a FNMA "due on sale" clause; 2. Unless a written request is made, the deed of trust will not provide for tax and/or casualty insurance escrows. The buyer will be obligated to pay the taxes and insurance premiums on time; 3. The buyer will be personally liable on the note unless a request to the contrary is made in writing. If third parties are also to be personally liable, please advise me and I will prepare a guaranty agreement; 4. No other fees (e. g., NSF checks) are provided for in the note or deed of trust unless a specific request is made; 5. To the extent document preparation may constitute legal representation, you are expressly agreeing to joint legal representation with the buyer for that limited purpose; and 6. Under new Texas and federal laws, only individuals or companies with a mortgage loan GF 1076602000212SL:Seller Finance Disclosure 4 (Acknowledgment) p� This instrument was acknowledged beff re me on the I day of January 2021, by SH LK�' L.l-- SUIS [A.F 1ki4t i of KNIGHT AND PENTACLES,a Colorado limited partnership, on behalf of said entity. Notary Public, PAA- ,N ptett4 Nota 's name(pr ted): S ET R_ I L.1-.I e -itA E Notary's commission expicer.. i5 ti, L� PREPARED IN THE LAW OFFICE OF: Jerel J. Hill RETURN TO: Te Tani Taiwhenua • AAIV Internal Affairs • APOSTILLL (Convention de La Haye du 5 octobre 1961) 1. Country: New Zealand Pays/Pais: This public document Le present acte public/El presente documento publico 2. has been signed by: Peter William Jones a ete sign&par: ha sido firmado por: 3. acting in the capacity of: Notary Public agissant en qualite de: quien actua en calidad de: 4. bears the seal/stamp of: Peter William Jones est revetu du sceau/timbre de: y este revestido del sello/timbre de: Certified Attest&/Certificado 5. at: Wellington 6. the: 21 January 2021 a/en: le/el dia: 7. by: The Authentication Unit par/por: 8. No: 07570.1 sous n°/bajo el ninnero: Seal/ Stamp: 10. Signature: Sceau/Timbre: Signature'Firma: Sello/Timbre: o verify this Apostille certificate go to: www.dia.govt.nz/apostille and click on the e-Register. Pour verifier ce certificat Apostille,allez sur www.dia.govt.nz/apostille et cliquez sur e-Register. Para verificar esta cettificacion por apostilla vaya a:www.dia.govt.nz/apostille y haga clic en e-Register. The purpose of this certificate is only to confirm that the signature,seal or stamp on the document is genuine.It does not mean that the contents of the document are correct or that the Authentication Unit of.the Department of Internal Affairs approves of the contents. L'objet de ce certificat est uniquement d'attester la veracite de la signature,du sceau ou du timbre sur le document.Cela ne veut pas dire que le contenu du document est correct ou que le service d'authentification du Ministere des Affaires lnterieures en approuve le contenu. La finalidad de este certificado es simplemente la de confirmar que la firma,sello o timbre del documento es genuina.No indica que el contenido del documento sea correcto ni que la Unidad de Autenticacion del Ministerio de Asuntos Interiores apruebe su contenido. NOTARIAL CERTIFICATE I PETER WILLIAM JONES a duly sworn and admitted Notary Public practising in the town of Russell and elsewhere in New Zealand CERTIFY that: 1. I was present at Russell in New Zealand on 15 January 2021 and saw SHERRILL DAVIS BURTON who identified herself to me by the production of her New Zealand driver licence no. BX681794 that expires on 20 December 2021. I attach a true copy of that driver licence made by me. 2. The said SHERRILL DAVIS BURTON also identified herself to me by the production of: (a) her expired New Zealand passport number LL392837. I attach a true copy of that passport made by me. (b) her expired Texas USA driver license 00717094. I attach a true copy of that driver license made by me. 3. The said SHERRILL DAVIS BURTON produced to me a document in the English language that is a Warranty Deed With Vendor's Lien regarding a property in Texas. 4. The said SHERRILL DAVIS BURTON declared before me that: (a) She is one and the same as SHERRILL DAVIS BURTON as shown by the photographs in the said driver licences and passport, and (b) She understands the purpose and significance of the Warranty Deed With Vendor's Lien document. 5. The said SHERRILL DAVIS BURTON initialled and signed in my i• • L presence the two pages comprising the said document which bear7- impressions of my official seal for the purposes of identification and which is attached to this certificate. 6. The signature on the document purporting to be the signature of the said SHERRILL DAVIS BURTON is her true signature and is in her proper handwriting. 7. The said SHERRILL DAVIS BURTON is of full age and appears to me to be of full capacity and executed the document of her own free will. IN WITNESS of which I have signed this notarial act and affixed my seal of office this 15th day of January 2021. Peter William Jones, Notary Public, Russell, New Zealand RP-2021-58009 02/02/2021 ER $30.00 SPECIAL 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. Dated Effective as of: February 1, 2021 Grantor: KNIGHT AND PENTACLES,LIMITED a Colorado limited partnership, which erroneously acquired title as KNIGHT AND PENTACLES,a Colorado limited partnership Grantor's Mailing Address: 1400 Post Oak Blvd., Suite 1100 Houston,TX 77056 Grantee: BancorpSouth Bank, a Mississippi banking corporation pGrantee's Mailing Address: e0 I0 201 South Spring Street CD Tupelo,MS 38804 N Consideration: TEN AND NO/100 ($10.00) Dollars and a note of even date that is in Ct the principal amount of$1,300,000.00 and is executed by Grantee, payable to the Grantor as therein provided. The note provides for acceleration of maturity and payment of attorney's fees in the event of default. It is secured by a Vendor's Lien retained in this Deed and by a Deed of Trust of even date to Jerel J. Hill, Trustee. Property: (including any improvements): A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County,Texas, and being a part of"Tract B" in Block No. 4 of Quenby Court, a subdivision in to the map or plat of record in Volume 22,Page 37,Harris County Map Records. Reservations from and Exceptions to Conveyance and Warranty: Charter Title Company 1076602000212 RP-2021-58009 # Pages 5 02/02/2021 02:30 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $30.00 CD O O 00 N O N 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 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. pF NARq/lr l /� � 2 4. .,,i COUNTY CLERK .o.) s 5k' HARRIS COUNTY,TEXAS RP-2021-58010 02/02/2021 ER $42.00 DEED OF TRUST 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 Effective as of: February 1 ,2021 Grantor: BancorpSouth Bank,a Mississippi banking corporation Grantor's Mailing Address: 201 South Spring Street Tupelo, MS 38804 Trustee: JEREL J.HILL Trustee's Mailing Address: T- 1420-B Stonehollow Drive Kingwood,Texas 77339 N Beneficiary: KNIGHT AND PENTACLES,LIMITED,a Colorado limited partnership C1J Beneficiary's Mailing Address: ci 10814 Wintergreen Hill Austin,TX 78750 Note(s) Date: February 1,2021 Amount: $1,300,000.00 Maker: Grantors herein Payee: Beneficiary Final Maturity Date: February 1,2031 GF 1076602000212SL:Deed of Trust 1 Charter Title Company 1076602000212 Terms of Payment: As set forth in said note. Property(including any improvements): A 100 foot by 100 foot tract of land fronting 100 feet on the west line of Kirby Drive with a depth of 100 feet along the south line of Robinhood Street in the City of West University Place in Harris County, Texas, and being a part of"Tract B" in Block No. 4 of Quenby Court, a subdivision in Harris County,Texas,according to the map or plat of record in Volume 22,Page 37,Harris County Map Records. Prior Lien(s)(including recording information): None. Other exceptions to Conveyance and Warranty: Same as set forth in Deed of even date herewith from Beneficiary to Grantor. For value received and to secure payment of the note, Grantor conveys the property to Trustee in Trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all the covenants and pays the note according to its terms,this deed of trust shall have no further effect,and Beneficiary shall release it at Grantor's expense. Grantor's Obligations 00O Grantor agrees to: cV 1. keep the property in good repair and condition; N 2. pay all taxes and assessments on the property when due; e- 3. preserve the lien's priority as it is established in this deed of trust; 4. maintain,in a form acceptable to Beneficiary,an insurance policy that: a. covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a smaller amount in writing; b. contains an 80%coinsurance clause; c. provides fire and extended coverage, including windstorm coverage; d. protects Beneficiary with a standard mortgage clause; e. provides flood insurance at any time the property is in a flood hazard area; f. contains such other coverage as Beneficiary may reasonably require; g. keep the collateral insured against damage in the amount the creditor specifies; h. purchase the insurance from an insurer that is authorized to do business in this state or an eligible surplus lines insurer;and GF 1076602000212SL,Deed of Trust 2 i, name the creditor as the person to be paid under the policy in the event of loss; 5. comply at all times with the requirements of the 80%coinsurance clause; 6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; 7. keep any buildings occupied as required by the insurance policy;and 8. if this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. Beneficiary's Rights 1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2. If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3. Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees,plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust. r 5. If Grantor defaults on the note or fails to perform any of Grantor's obligations or if Odefault occurs on a prior lien note or other instrument,and the default continues after cV Beneficiary gives Grantor notice of the default and the time within which it must be � cured,as may be required by law or by written agreement,then Beneficiary may: a. declare the unpaid principal balance and earned interest on the note immediately due; b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of foreclosure sale as provided by the Texas Property Code as then amended; and c. purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. Trustee's Duties If requested by Beneficiary to foreclose this lien,Trustee shall: 1. either personally or by agent give notice of foreclosure sale as required by the Texas Property Code as then amended; GF 1076602000212SL:Deed of Trust 3 2. sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty;and 3. from the proceeds of the sale,pay,in this order: a. expenses of foreclosure,including a commission to Trustee of 5%of the bid; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; c. any amounts required by law to be paid before payment to Grantor;and d. to Grantor,any balance. General Provisions 1. If any of the property is sold under this deed of trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2. Recitals in any Trustee's deed conveying the property will be presumed to be true. 3. Proceeding under this deed of trust, filing suit for foreclosure,or pursuing any other remedy will not constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended,or part of the property is released. 5. If any portion of the note cannot be lawfully secured by this deed of trust,payments 00 shall be applied first to discharge that portion. 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from gt— condemnation of all or part of the property, from PRIVATE sale in lieu of Ocondemnation, and from damages caused by public works or construction on or near C•I the property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such sums. 7. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property. Leases are not assigned. Grantor warrants the validity and enforceability of the assignment. Grantor may as Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the note or this deed of trust. Grantor will apply all rent and other income and receipts to payment of the note and performance of this deed of trust,but if the rent and other income and receipts exceed the amount due under the note and deed of trust, Grantor may retain the excess. If Grantor defaults in payment of the note or performance of this deed of trust,Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts. GF 1076602000212SL;Deed of Trust 4 Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed of trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph and acting under this paragraph does not waive any of Beneficiary's other rights or remedies. If Grantor becomes a voluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8. Interest on the debt secured by this deed of trust shall not exceed the maximum amount of nonusurious interest that may be contracted for,taken, reserved,charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment, or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid,refunded. This provision overrides other provisions in this and all other instruments concerning the debt. O 9. When the context requires, singular nouns and pronouns include the plural. c0 10. The term note includes all sums secured by this deed of trust. 11. This deed of trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. N O 12. If Grantor and Maker are not the same person,the term Grantor shall include Maker. CV 13. The debt evidenced by the note is in part payment of the purchase price of the 0- property; the debt is secured by this deed of trust and by a vendor's lien on the property,which is expressly retained in a deed to Grantor of even date. This deed of trust does not waive the vendor's lien,and the superior liens and the rights created by this instrument shall be cumulative. Beneficiary may elect to foreclose under either of the liens without waiving the other or may foreclose under both. The deed is incorporated into this deed of trust. 14. If Grantor transfers any part of the property without Beneficiary's prior written consent, Beneficiary may declare the debt secured by this deed of trust immediately payable. In that event,Beneficiary may without further notice or demand to Grantor invoke any remedies provided in this instrument for default. Exceptions to this provision for declaring the note due on sale or transfer are limited to the following: (a) creation of a lien or encumbrance subordinate to this deed of trust;(b)creation of a purchase-money security interest for household appliances; (c) transfer by devise, descent, or operation of law on the death of a joint tenant; and (d) grant of a GF 1076602000212SL;Deed of Trust 5 leasehold interest of three years or less without an option to purchase. 15. Notwithstanding anything herein to the contrary, Beneficiary may at Beneficiary's option declare all sums secured by this Deed of Trust to be immediately due and payable in the event Grantor does not keep the property insured as hereinabove described or in the event Grantor does not furnish tax receipts to Beneficiary by January 31 of each year showing that all taxes assessed against the property for the immediately preceding year have been fully paid. BancorpSouth Bank,a Mississippi banking corporation .. jE By: i �iS. a :aa+n¢.5 0. Title:Chcorn-Na., and G1iieP £vest 4v t C&A O CO LC) e"— CD N i I CL GF 1076602000212SL;Dccd of Trust 6 f I. E. (Acknowledgment) t: t STATE OF MISSISSIPPI COUNTY OF LEE This instrument was acknowledged before me on the o i day of January 2021,by —" of BancorpSouth Bank,a Mississippi banking corporation on behalf of said entity. k .a •r.0V Vit*:.:,� Notary Public,State of Mississippi �+%4.xn' S rt,',((;5;-1''•• Notary's name(printed): r •�NOTARRY MIX ' '• 1---i Yv AA. S+e e l e' *: !D Flo.49171 *: Notary's commission expires: `` M;Ccmm.Exoiras. May IS, I � t7ak 1. CCil O is LO1 I. CD PREPARED IN THE LAW OFFICE OF: Jerel J.Hill i. N ci. RETURN TO: i. I al Y Y' I I F t I.6' GF 1076602000212SL;Deed of Trust 7 3 I e s RP-2021-58010 # Pages 8 02/02/2021 02:30 PM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $42.00 r coCD N O N CL RECORDERS MEMORANDUM lat 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. til l „ti COUNTY CLERK ,, 5 HARRIS COUNTY,TEXAS The City of West University Place A Neighborhood 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 6:30 p.m.on March 25,2021.The hearing may be recessed and continued to a ZBA meeting set to begin at 6:30 p.m.on April 22,2021.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: 5706 Kirby Drive,Houston,TX 77005,Harris County,TX Legal Description: Tract B Block 4 of Quenby Court,Harris County Docket Number: 2021-0004 Applicant: BancorpSouth Bank Action Requested: Request a special exception to provide 3.3 spaces per 1000 square feet of gross floor area instead of 10 spaces per 1000 square feet of gross floor area for auto intensive use. (Drive through) Additional Details: The applicant is requesting a special exception to provide 3.3 parking spaces per 1000 square feet of gross floor area. The proposed commercial structure will have a drive-through which would classify it as auto-intensive use.This classification would require 10 parking spaces per 1000 square feet of gross floor area. 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 March 15,2021. cchew@westutx.gov 713-662-5830 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov PACIFIC PROPERTIES LEASE C/O ICG NGUYEN THIEN A CURRENT OWNER 1200 SAN BERNARDO AVE 2809 BISSONNET ST 2607 ROBINHOOD ST (C/O 5706 KIRBY DR) (C/O 2608 QUENBY ST HOUSTON TX 77005-2431 LAREDO TX 78040-6301 HOUSTON TX 77005-4014 WALLACE BRANDON L&TSOKOS LISA A CADENA JOSE S PEREZ-CHRISTIANSEN MICAEL R CH RETAIL FUND I HOUSTIN RICE VILLAGE LP 2614 TANGLEY RD PO BOX 273191 3819 MAPLE AVE HOUSTON TX 77005 2436 (C/O 2618 TANGLEY RD) (C/O 5712 KIRBY DR) HOUSTON TX 77277-3191 DALLAS TX 75219-3913 SOLTIS TIFFANY& KYLE SHETTY MAHESH MARANDI BOBBY& MICHELE 2622 TANGLEY RD 2626 TANGLEY RD 2615 TANGLEY RD HOUSTON TX 77005-2436 HOUSTON TX 77005-2436 HOUSTON TX 77005-2455 FAN JINPING & QIU CUIE KOLEE 59 TRUST RETAIL FUND I HOUSTON RICE VILLAGE LP 2624 ROBINHOOD ST 5353 W ALABAMA ST STE 610 3819 MAPLE AVE (C/O 2611 TANGLEY ST) (C/O 5800 KIRBY DR) (C/O 5650 KIRBY DR) HOUSTON TX 77005-2432 HOUSTON TX 77056-5932 DALLAS TX 75219-3913 TOUPS MARGARET ANN GANDHI SAUMIL N &SURAPANENI DENNISON BRADLEY& KIMBERLY 2604 QUENBY AVE APARNA 2615 ROBINHOOD ST HOUSTON TX 77005-2428 2611 ROBINHOOD ST HOUSTON TX 77005-2431 HOUSTON TX 77005-2431