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Ord. 2014CUP-02 2014-04-14 ORDINANCE NO. CUP2014-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CONDITIONAL USE PERMIT FOR CERTAIN PROPERTY, BEING LEGALLY DESCRIBED AS A TEN (10) ACRE TRACT OF LAND OUT OF 25 ACRES OFF THE SOUTH SIDE OF A TRACT OF LAND COMPOSED OF TWO (2) CONTIGUOUS PARCELS KNOWN AS TRACT NUMBER ONE HUNDRED AND EIGHTY (180) OUT OF SECTION TWENTY SEVEN (27), RECORDED IN VOLUME 205, PAGE 398 AND 399, H.T & B.R.R AND COMPANY SURVEY, IN SAID BRAZORIA COUNTY, TEXAS (LOCATED APPROXIMATELY 1,200 FEET WEST OF MAIN STREET AT DIXIE FARM ROAD, PEARLAND, TEXAS), FOR CONDITIONAL USE PERMIT APPLICATION NO. CUP 2014-02 TO ALLOW FOR PETROLEUM PRODUCT EXTRACTION, WIITHIN THE HEAVY INDUSTRIAL (M-2) ZONING DISTRICT AT THE REQUEST OF DENBURY RESOURCES, INC., APPLICANT; ON BEHALF OF PAT O'DAY ESTATES, OWNER, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estates, owner; requests approval of a Conditional Use Permit to allow for Petroleum Product Extraction, on certain property, said property being legally described in the original application for amendment attached hereto and made a part hereof for all purposes as Exhibit "A", and more graphically depicted in the location map attached hereto and made a part hereof for all purposes as Exhibit "B"; and WHEREAS, on the 17th day of March 2014, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached hereto and made a part hereof for all purposes as Exhibit "C", said call and notice being in strict conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 17th day of March 2014, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed Conditional Use Permit application for Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estates, owner; for approval of a Conditional Use Permit to allow for Petroleum Product Extraction, said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D"; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at regular meetings on April 14, 2014 and April 28, 2014; and WHEREAS, the City Council, having fully heard the testimony and argument of all interested parties, and having been fully advised in the premises, finds that in the case of the application of Denbury Resources, applicant, on behalf of Pat O'Day Estates, owner, presented which, in the judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate limits of the City of Pearland, Texas, and presently located within the Heavy Industrial (M-2) zoning district, is hereby granted a Conditional Use Permit to allow for Petroleum Product Extraction in said zoning district; such property being more particularly described as: A ten (10) acre tract of land out of a 25 acres off the south side of a tract of land composed of two (2) contiguous parcels known as tract number one hundred and eighty (180) out of Section twenty seven (27), recorded in Volume 205, Page 398 and 399, H.T & B.R.R and Company Survey, in said Brazoria County, Texas Ordinance No. CUP2014-02 Page 2 of 4 Location: Approximately 1,200 feet west of Main Street at Dixie Farm Road, Pearland, Texas Subject to the following condition: 1. The site shall be developed in accordance with the drilling and operation guidelines as referenced in Chapter 21, 'Oil and Gas', of the City of Pearland's Code of Ordinances Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Section III. The City Council of the City of Pearland finds and determines that the approval herein granted promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City Ordinance No. CUP2014-02 Page 3 of 4 under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this 14th day of April 2014. ' z:=;%)0M.) TOM REID MAYOR ATTEST: �,,, ►►►►,,,,, ■Ltd �� Y1► (NG LO"I '', R► =° C V SEC ARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of April 2014. c:7 ")r)rn) `-) TOM REID MAYOR ATTEST: / ,,,,,,111,,,, 4 i�l� /�i . Li 1,.`° AT NG L 1VG, �,�(c i; ��€ Y SE t °ETARY - `•� � « P.P_F!ROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Ordinance No. CUP2014-02 Page 4 of 4 ORDINANCE NO . CUP2 014-0 2 Exhibit A CUP APPUCATION Page 1 of 4(Updated April 2010) �.''U '' • City of Pearland Community Development 1 _' ROND 3523 Liberty Drive .;;- .t= APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) Conditional Use Permit Request for: P droleum Product Extraction Current Zoning District: M-2 Property Information: 1 0,661 Acres beinu dirt of Tract 179A out of the HI RP CaIvy+.f4 591 Address or General Location of Property: 2000' West of State Hwy 35 at pixie Farm Road latAmountNumbe r -#7$ 8--° ! leja1 Subdivision harAFRICAELE Lot 180 A Block: a 7 A complete application must include all Information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME Pat O'Dav Estate NAME Denpury 9esources. Inc ADDRESS P.O.Box 131 ADDRESS 5320 Leaacv Drive CITY Pearland,Texas 77556-0131 CITY Piano,Texas 75024 PHONE PHONE 972-673-2422 (James Fields) FAX EMA4t ADORE EMA)LADDRESS is:.Ya s .x.wc 'Property owner must be the current owner of the property at the time of submittal of the application,and not the party that has the property under contract As owner and applicant, I hereby request approval of the above described request as provided for by the Unified Development Code of the City of Peariand Owner's Signature:2r`, : �' Date: 02 h2_ J_ �J- / rJ: A Tnt s/A pllicant's Si patu rA "r` M OFFICE USE ONLY: t:: �\ DATE RECEIVED RECEIPT (3 L 1 t a PAlO: C95-D PAID: g/( IS it( BY: C'' NUMBER: CUP LoIU-ot CUP APPLICATION Page 3 of 4 (Updated April 2010) POSTING OF ZONING NOTIFICATION SIGNS ON PROPERTY UNDER CONSIDERATION FOR A ZONE CHANGE (OR CONDITIONAL USE PERMIT) Any person, firm or corporation requesting a zoning change, a conditional use permit (CUP), or a variance shall be required to erect and maintain a sign(s), to be inspected by the City, upon the property for which a variance or zoning change has been requested. Such sign(s) shall be located as follows: (1) One (1) sign per street frontage shall be located within thirty feet (30') of the abutting street, or as determined by the City. (2) So as to be clearly visible and readable from the public right-of-way and not obstructed in any manner. (3) So as not to create a hazard to traffic on the public rights-of-way abutting the property. (4) On the subject property at least ten (10) days prior to the hearing of such zoning change request by the Planning and Zoning Commission, and to remain continuously on said property until final action by the City Council or withdrawal of the case by the applicant Removal of the sign by the applicant prior to a recommendation by the Planning and Zoning Commission and/or a final decision by the City Council shall constitute a withdrawal of the request. (5) The signs shall be as follows: • A minimum sign size of 2 feet by 3 feet, but no larger than 4 feet by 4 feet • At least 2 feet above the ground • Blue or black lettering that is a minimum of 3 inches by 1/2 inch, on a white background • Message content as follows: PROPOSED (SPECIFY REQUEST) Contact City of Pearland 281-652-1768 *Signs must be professionally made; handwritten signs are not allowed. *Signs must be freestanding and cannot be attached to a tree, fence, or building. CUP APPLICATION Page 2 of 4 (Updated April 2010) APPLICATION CHECKLIST FOR THE FOLLOWING • Conditional Use Permits (CUP) pplication, filled out completely, and signed by the owner of the property to be considered for the conditional use permit [ etes and Bounds Description, (Survey, or a Plat of the property that contain the metes and bounds description) Parcel map, printed from the City of Pearland website, indicating the location and boundaries of the subject property. ;Letter of Intent, explaining the conditional use permit request in detail, specifying proposed uses, specific operations of the use, square footage of buildings, unique characteristics of the property, and any other necessary information ppiication fee of$250.00, by cash, check made payable to the City of Pearland, or credit card (Visa and MasterCard only) Site Plan or Plot Plan showing the proposed layout of the subject property, including any proposed buildings, parking, landscaped areas, detention ponds, fences, and any other relevant information [y�Acknowledgement of the sign to be posted on the property 10 days prior to the public hearing ❑Provide evidence or proof that all taxes and obligations have been paid regarding the subject property. Denbury6 y February 12, 2014 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 RE: Application for Conditional Use Permit Hastings Community Lease#1203 & 1208 Denbury Resources purchased the Hastings Oil Field early in 2009 with plans to update the field and extend its operational life by using CO2 to recover more of the remaining oil in place. While the Hastings Field has many wellbores, many drilled as far back as 1936, there are some new wells that will have to be drilled in order to efficiently flood the field and sweep the oil into production. Denbury proposes to drill two new wells in Tract 12 of the Hastings Community Lease, designated as well #1203 and 1208. These new well are proposed to be used for the development of the north end of the Field. Denbury will acquire the necessary permits from all State, County and local authorities prior to commencing drilling activities on these new wells. Current access to this location is a rocked lease road from the West edge of State Hwy 35 at Dixie Farm Road. The surface preparations for the drilling of this new well will include: • locating and marking any existing pipelines or equipment with the drillsite area • Clearing, leveling and rocking the drillsite for the drilling rig and associated equipment used during the drilling process. The actual drilling operations will last about 1 month from the setup of the drilling rig until the rig is released. Shortly after the drilling operations are finished, the completion procedures for the wells will take about two weeks. Once the drilling and completion procedures are finalized, the wells will be connected to the appropriate pipeline system to begin operations. No tanks or facilities will be constructed for the operation of these new wells. No permanent buildings, sheds, or other structures will be built upon the drillsite as a part of this application. Denbury Resources requests your consideration of this project under this application for a Conditional Use Permi • welcomes your questions should you have any. incerely, � L Ja - . Fielas Surf- e Land Manager-West Region Denb Resources, Inc 972 • 3-2422 Direct :Imes Fre!ds'h'Denbura corn Denbury Resources Inc. 5320 Legacy Drive•Plano,Texas 75024•Tel.972 673 2000•denbury corn Subsidiaries Oenbury Onshore LLC•Oenbury Green Pipeline Texas,LLC•Denbury Gull Coast P.pehnes,LLC•Greencore Pipeline Company LLC !� LN NN M aq °c a A iii ,-t8 . a o .2 ut �� !m 0. El' i _ t"1 5 N g 1 . 0i .r— I a: � � g -� o p 4- cc E< 6 d � 3 • I F 9 t La cu 0 O U "-- • 41 III a Q 61 0 ~ �. I FE - 3 a v U W L' L10 SI`a 1 � Q 0 0 0 I C Z N +� w c Lai �� u a Brazoria County Tax Office Page 1 of 2 Friday,February 28,2014 Shopping Cart Property Tax Status Begin a New Search Go to Your Portfolio Tax Office FAQ's Make your check or money order payable to Ro'Vin Garrett 111 E Locust Angleton Texas 77515 Shopping Cart:For your convenience you may pay several accounts at once. Click the 'Click Here to Pay Now'button to add this account to the shopping cart.Additional accounts can be added by doing a search again, then clicking the 'Click Here to Pay Now'button for each account. Up to 50 accounts may be paid at one time. Accounts are not saved in the shopping cart after you go to the Certified Payment web site. e e _4 . _.�{.. '" VISA echeck• A Convenience Fee of up to 2 4%will be charged for all credit card payments by the vendor providing this service For eChecks, a convenience fee of$1.50 will be charged for each transaction. The fee covers the cost of making payments by credit card possible The fee will appear as a charge to'Certified Payments' No part of this fee is retained by Brazoria County Unless otherwise noted, all data refers to tax information for 2013. All amounts due include penalty, interest, and attorney fees when applicable. Due to the large volume of work during heavy payment periods amounts due may not reflect payments that have been received but not yet processed. Account Number: 03080021000 Pending Credit Card or E-Check Payments: Address: No Payment Pending O'DAY PAT MRS ESTATE jurisdictions: %BLANCHE O'DAY MASSEY EXTR ALVIN COMMUNITY COLLEGE PO BOX 131 ALVIN ISD PEARLAND, TX 77588 0131 BRAZORIA COUNTY Property Site Address: BRAZORIA DRAINAGE DIST 4 HIGHWAY 35 OFF/COUNTY ROAD 413 OFF CITY OF PEARLAND Legal Description: SPECIAL ROAD &BRIDGE LT 180A SURFACE ONLY 308 H T&B 27, ACRES 10.000 Market Value: $140,000 Land Value: $140,000 Current Tax Levy: $21.62 Improvement Value: $0 Current Amount Due: $0.00 Capped Value: $0 Prior Year Amount Due: $0 00 Agricultural Value: $750 Total Amount Due: $0.00 Exemptions: None Last Certified Date: 08/21/2013 Last Payment Amount for Current Year Taxes: $21.62 Taxes Due Detail by Year and Jurisdiction Active Lawsuits: None Payment Information Print._a_C ur ntTax_$.tatement Click Here to see your estimated amount due for a different date.You can see this information by year and by both year and jurisdiction. Tax Office: Search&Pay Taxes Tax Rates&Entities Tax Office FAO Aooralsal District Related Links Tax Office Home Pace Your Tax Portfolio Brazoria County: !tang County Directory Commissioner's Court Holiday Schedule Rt ated Link: Courthouse History Job Postinol Terms of Use httns://actweb.acttax.com'act webdev/brazoria/showdetail2.isn?can=03080021000&owner... 2/28/2014 Brazoria County Tax Office Page 2 of 2 E-mai rovfngtn7brazoria-countv.corn apprasataCoHecbonTechnotogles 111 E Locust Suite All tights reserved Angleton TX 77515 Arazona County (979)864-1320 https://actweb.acttax.com/act webdev/brazoria/showdetail2.jsp?can 03080021000&owner... 2./28/2014 LOA..LM, LL . .V1-/v•L' ...• .w,.J • ubv a ... a. Property Search Results> 168409 O'DAY PAT MRS ESTATE for Year 2014 Property Account Property ID: 188409 Legal Description LT 180A SURFACE ONLY 308 H T&B 27 ACRES 10 000 Geographic ID 0308-0021-000 Agent Code ID 138 Type: Real Property Use Code- Property Use Description Location Address HIGHWAY 35 OFF/COUNTY ROAD 413 OFF Mapco Neighborhood. ROY ACRES AREA/A0308 Map ID Neighborhood CD ROY ACRES Owner Name O'DAY PAT MRS ESTATE Owner ID 83189 Mailing Address %BLANCHE O'DAY MASSEY EXTR %Ownership 100 0000000000% PO BOX 131 PEARLAND TX 77588-0131 Exemptions Values (+)Improvement Homesite Value + NIA (+)Improvement Non-Homesite Value + N/A (+)Land Homesite Value + NIA (+)Land Non-Homesite Vague + N/A Ag/Timber Use Value (+)Agricultural Market Valuation + N/A NIA (+)Timber Market Valuation + N/A N/A (_)Market Value = N/A (-)Ag or Timber Use Value Reduction -- N/A (_)Appraised Value = N/A (-)HS Cap - N/A (_}Assessed Value = N/A Taxing Jurisdiction Owner O'DAY PAT MRS ESTATE %Ownership 100 0000000000% Total Value N/A Entity Description Tax Rate Appraised Value Taxable Value Estimated Tax CAD BRAZORIA COUNTY APPRAISAL DISTRICT N/A N/A N/A N/A CPL CITY OF PEARLAND N/A N/A NIA N/A DR4 BRAZORIA COUNTY DRAINAGE DISTRICT#4(PEARLAND) N/A N/A N/A N/A GBC BRAZORIA COUNTY N/A N/A N/A N/A JAL ALVIN COMMUNITY COLLEGE NIA N/A N/A N/A ROB ROAD&BRIDGE FUND N/A N/A N/A N/A SAL ALVIN INDEPENDENT SCHOOL DISTRICT N/A N/A N/A N/A Total Tax Rate N/A Taxes w/Current Exemptions. N/A Taxes w/o Exemptions: N/A Improvement I Building No improvements exist for this property Land # Type Description Acres Sgft Elf Front EH Depth Market Value Prod.Value -r v -- - - - - -'a- - -- - 1 A5N NATIVE PASTURE 10 0000 435600 00 0 00 0 00 N/A N/A Roil Value History Year Improvements Land Market Ag Valuation Appraised HS Cap Assessed 2014 N/A N/A N/A N/A N/A N/A 2013 $0 $140,000 750 750 $0 S750 2012 $0 $140,000 800 800 $0 $800 2011 $0 $140,000 700 700 $0 $700 2010 S0 $140,000 700 700 50 $700 2009 SO $140,000 650 650 $0 $650 2008 $0 $140,000 700 700 $0 $700 2007 $0 $140,000 700 700 50 5700 2008 $0 $120,000 700 700 $0 $700 2005 $0 5120,000 800 800 $0 $800 2004 SO 5120,000 800 800 SO $800 2003 $0 $35,000 700 700 $0 $700 2002 $0 $35,000 700 700 50 $700 2001 $0 $35,000 700 700 $0 $700 Deed History-(Last 3 Deed Transactions) # Deed Date Type Description Grantor Grantee Volume Page Deed Number Questions Please Call(979)849-7792 This year is not certified and ALL values will be represented with"N/A". Website version 1 2.2 2 Database last updated on 2/19/2014 9 24 PM C 2014 True Automation Inc All Rights Reserved Privacy Notice This site only supports Internet Explorer 6+ Netscape 7+and Firefox 1 5+ 3 vULao' (b `, ` L ' page 102, of the Records of Brasoria County, Texas; save and except„rhowever, an undivided 1/2 I /' interest in and to the oil, gas end other minerals in, on and udder said Ten (10) acres of land IIIwhich has heretofore been conveyed by John Bell to P.)—Bullloek and C. W. 'Nolke by deed dated October 26, 1926, recorded in Book 200, page 364 76 of the Deed Records of Braaoria County, Texas, and it is also understood and agreed that thie'conveyance is made subject to any valid, present- ly existing, oil, gas and mineral lease, or leases, on said land or any part thereof, but only in so far as, and to the extent, each lease, or leases, may cover or affect the same,/bjall of Grantors rights, titles arfd interest in or under any such lease, or leases, are r eby grant- ed, sold and conveyed.unto said Grantee, Sinclair Oil & Gas Company; being the-same land convey- ed to Grantor herein, Alf H. H. Toler, Jr., by John Ball at ux, by deed dated September 28, 1927 to which erence is hereby made. Reference is also hereby made to said plat and reosrd thereof, and to the other public) records of Brazoria County, Texas, affecting said land for a further description of same or other necessary purposes. TO HAVE AND TO HOLD the said he.ia above described land and premises together with all and singular the rights and eppurttpnancee thereunto in any wise belonging unto the said Sin- , alair 011 & Gas Company, its suaoessors or assigns forever; and the cold Alf H. H. Toler, Jr., does hereby bind himself, his heirs and legal representatives, to warrant and forever defend the title to said herein,a'6ove described land and premises unto the said Sinclair 011 & Gas Company, its auooeasora d assigns, against all persona whomsoever lawfully claiming, or to claim the same, or y part thereof. 1N i.ITUESS iH:,REOF this deed is executed this 17th day of October, A.D. 1927. Alf H. H. Tolar,Jr. The State of Texas ) County of Harris ) Before me, the undersigned authority, oh thi - personally appear- ed Alf H. H. Toler, Jr., known to me to he the person whose n a subscribed to the foregoing instrument, and acknowledged to we that he executed . same for the purposes and consideration therein expressed. Given under my hand and a, of office this 17th day of October, A.D. 1927. (SEAL) kyle S. Hamblen, ..ary i'ublio in and for Harris County, Texas. Filed fo -:cord Oct 21 1t27 at 1 o'clock P.M., a. R. Bretton, Clerk County Court, Brezoria Co exas. By Corinne Millicar( Deputy. r - - - 0 0 0 - - - 11391. THIS DEED, made thle 27" day of 4ierch in the year of our Lord one thousand nine hun- dred and twenty three, between A. H. Keeney end R. R. Keeney, his site of the City & County of Denver end State of Colorado, of the first part; and Pat 'Dsy of the County of Brazoria and State of Texas of the second part: WITNISSETH, that the said party of the first part, for and in consideration of the sum of Ten Dollars and othervalnable considerations Dollars, to the said parties of the first part, in bend paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold end conveyed, and by these presents does grant, III bargain sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, all the following described lots or parcels of land, situate, lying and being in the County of Brazoria and State of Texas to wit: Twenty five scree off the South aide ,af a tract of land composed of two (2) contiguous purcele known as tract number one hundred and eighty (180) out of Section twenty seven (27), and Tiaiit iimber`bne irad`la seventy nine 1179) out of Santlen Tuanta eight (28) H. T. A- P. RR VeL" d 74.3R) Company Survey, in said Brazorla County, State of Texas. Except unpaid taxes. - Together with t all end singular the hereditaments and apparteaancea thereunto belonging, or in any wise apper- Lam ing, and the reversion and reversions, remainder and remainders rents, ieeuea and profits 1 thereof; and all the estate, right, title, interest, claim end demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditamenta and appurtenances; To Have and to Hold the said premises above bargained and described, with the appurtenances, unto Pat O'Day the said party of the second part, his heirs and assigns forever. And the said A. B. Keeney and R. E. Keeney, his wife parties of the first part, for themselves their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said party of the second part his heirs and assigns, the above bargained premises in the quiet and peaceable poseeeaion of the said party of the second part, his heirs and as- signs, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said parties of the first part, the said parties of the first part to warrant and forever defend. IN AITNESS t.BEREOF, the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of A. H. Keeney (Seal) R. E. Keeney. (Seal) Homer H. Owen H. A. L'eselson. State of Colorado ea. City & County of Denver ) I, G. Clay Gates, a Notary Public in-and for said City & County, in the State aforesaid, do hereby certify that A. H. Keeney and R, E. Keeney This wife) who ere personally known to me to be the persona whose name are subscribed to the foregoing Deed, appeared before me this day in person, and acknowledged that they signed, sealed and de- livered the said instrument of writing as their free and voluntary act and deed, for the uses and purposes therein set forth. Given under my hand and notarial seal, this 27" day of March A.D. 1923. (SEAL) My Commission expires September 1, 1926. G. Clay Gates, Notary Yublio. Filed for Record Oct 21 1927 at 1 o'clock P.M., 'e. R. Bretton, Clerk County Court, Brazorla Co., Texas. By Corinne Millie/in Deputy. 0 0 0 - - - 11592. STATE OF TEXAS ) COUNTY OF HARRIS ) WHEREAS, heretofore on the 17th 4ay of Oo , •er, A.D. 1927, Oliver A. Meyers, of Brazorla County, Texas, ., •veyed to C. M. Frost, of Harris County, Texas, all of the oil in and under the hereinaft described tract of land to the ex- tent of Seven I?) barrels of oil per day, to be del ered free from any coat of expense whatso- ever, if, as, and when prodeced; the same to b calculated and averaged for the respective per- iods) covered by the pipe line rune from t. following described property situated in Brazorla County, Texas, to-wit: Ten 1101 acres of land tuated in the T. B. Bell League, being River-front Lots Nos. 25 and ES of the Zan Berner- 'yndioate Subdivision of blocks and river front lots in the T;. B. Bell and T. I. Alley 1,- _nea in Brazoria County, Texas, as shown on Record in Volume 2, page 135 to 136, Deed orde, Brazorla County, Texas; said ten 110) acres being more fully described in deed from ea MoClaren et al to Oliver A. Myers, deed recorded in Volume 206 page 258, Deed Records, zone County,_ '.exae,, to Whlgh_refarence a here m•d• for all •ur.o:es. 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B 0 x I @ d 1� • gl I i BE 6 I1ipI )1 N in w N w o C co a) > C o .. oum z -A( rl 0) C N 7 CD ° a = m N a ° a) o m C = = o> E m . o � U O c a) a)� ai � oaZ ,- -� a) a ,_ N N care 0 CE IS _c c 10 0 z — a) E CCa) T "Tr C W L. ` � 0C2 � - O - >+ O — ca ; . n o — _ -S TS .__ 1.� C ∎ 2 p f6 C Q C . _ LO ,_ N N N O O p p M oD c0 (D N Q1 cos- ■ V V V o in cp CD 4 vv co t v� p r r c M CO NN co o V N ce co O m J 0 CV CO 1 P� a w co 0 N- Z • H N Q Z N i 11 0 N O .,____ ii,,,,,,,,,___1•1, O C co Ordinance No. Cup2014-02 Exhibit C NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,TEXAS Conditional Use Permit No. CUP 2014-02 Notice is hereby given that on March 17, 2014 at 6:30 p.m.,the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estate,owner;for approval of a Conditional Use Permit on approximately 10 acres of land,to allow for Petroleum Product Extraction within a Heavy Industrial (M-2) zoning district, more specifically described as: Legal Description:A0551 HT& BRR,Tract 179A(PT), 10.661 acres General Location: West side of Main Street(SH 35),at Dixie Farm Road, Brazoria County,Texas At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. For additional information,please contact the Planning Department at 281-652- 1765. Johnna Matthews Senior Planner Ordinance No. CUP 2014-02 Exhibit D f smili, 11. X 'NNW. Planning Commission & Recommendation Letter March 18, 2014 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on CUP 2014-12 Honorable Mayor and City Council Members: At their meeting on March 17, 2014, the Planning and Zoning Commission considered the following: A request of Denbury Resources, Inc., applicant; on behalf of Pat O'Day Estates, owner; for approval of a Conditional Use Permit to allow for Petroleum Product Extraction, on approximately 10 acres of land, within the Heavy Industrial (M-2) District, on the following described property: LEGAL DESCRIPTION: A ten (10) acre tract of land out of a 25 acres off the south side of a tract of land composed of two (2) contiguous parcels known as tract number one hundred and eighty (180) out of Section twenty seven (27), recorded in Volume 205, Page 398 and 399, H.T & B.R.R and Company Survey, in said Brazoria County, Texas, City of Pearland, Texas. GENERAL LOCATION: Approximately 1 ,200 feet west of Main Street at Dixie Farm Road, Pearland, Texas Following staff presentation at the regular meeting of the Planning and Zoning Commission on March 17, 2014, Planning and Zoning Commission Vice-Chair, Mary Starr made a motion to approve the Conditional Use Permit (CUP), subject to staff's recommended condition. The motion was seconded by Commissioner Elizabeth McLane. The motion passed with a 7/0 vote, with the following condition: 1 . The site shall be developed in accordance with the drilling and operation guidelines as referenced in Chapter 21, `Oil and Gas', of the City of Pearland's Code of Ordinances. Sincerely, Johnna Matthews Senior Planner On behalf of the Planning and Zoning Commission