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HomeMy WebLinkAboutCOHM-R003232-021126 Final Letter Post Office Box 12548, Austin, Texas 78711-2548 • (512) 463-2100 • www.texasattorneygeneral.gov May 4, 2026 Mr. Joseph G. Hays Counsel for the City of Humble Olson & Olson, L.L.P. 2727 Allen Parkway Houston, Texas 77019-2133 OR2026-018170 Dear Mr. Hays: You ask whether certain information is subject to required public disclosure under the Public Information Act (the “Act”), chapter 552 of the Government Code. Your request was assigned ID# 26-009782 (Ref. COHM-R003232-0211 26). The City of Humble (the “city”), which you represent, received a request for certain information pertaining to a specified property. You state the city has released some of the requested information. You state, although the city takes no position with respect to whether the submitted information is excepted from disclosure, its release may implicate the interests of third parties. Accordingly, you state, and provide documentation showing, you notified these third parties of the request for information and of their right to submit arguments to this office as to why the submitted information should not be released.1 See Gov’t Code § 552.305(d); see also Open Records Decision No. 542 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have reviewed the submitted information. An interested third party is allowed ten business days after the date of its receipt of the governmental body’s notice under section 552.305(d) of the Government Code to submit its reasons, if any, as to why requested information relating to it should be withheld from disclosure. See Gov’t Code § 552.305(d)(2)(B). As of the date of this letter, this office has not received comments from a notified third party explaining why its information should not be released to the requestor. Thus, we have no basis to conclude the release of the information would implicate a third party’s interests, and none of the information may be withheld on that basis. See, e.g., id. § 552.110 (requiring provision of specific factual evidence demonstrating applicability of exception). 1 The notified third parties include Kimley Horn and Windrose. Mr. Joseph G. Hays - Page 2 Section 552.101 of the Government Code excepts from public disclosure “information considered to be confidential by law, either constitutional, statutory, or by judicial decision.”2 Id. § 552.101. This section encompasses information protected by chapter 418 of the Government Code. As part of the Texas Homeland Security Act (the “HSA”), sections 418.176 through 418.182 were added to chapter 418 of the Government Code. These provisions make confidential certain information related to terrorism or a hostile act by a foreign adversary of the United States. Section 418.181 of the Government Code provides the following: Those documents or portions of documents in the possession of a governmental entity are confidential if they identify the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States. Id. § 418.181; see also id. § 421.001(2) (defining “critical infrastructure” to include all public or private assets, systems, and functions vital to security, governance, public health and safety, economy, or morale of state or nation). The fact that information may relate to a governmental body’s security concerns does not make the information per se confidential under the HSA. See Open Records Decision No. 649 at 3 (1996) (language of confidentiality provision controls scope of its protection). We note the submitted information identifies details and locations of components of the city’s utility systems. These systems are critical infrastructure for purposes of section 418.181. See Gov’t Code § 421.001(2). However, we are unable to determine whether the information at issue would identify the technical details of particular vulnerabilities of the city’s critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States. Accordingly, to the extent the city determines the information would identify the technical details of particular vulnerabilities of the city’s critical infrastructure to an act of terrorism or a hostile act by a foreign adversary of the United States, the city must withhold such information under section 552.101 in conjunction with section 418.181. To the extent the city does not make such a determination, the information is not confidential under section 418.181 and may not be withheld under section 552.101 on that basis. The remaining information must be released. This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at https://www.texasattorneygeneral.gov/open- government/members-public/what-expect-after-ruling-issued or call the OAG’s Open 2 The Office of the Attorney General will raise mandatory exceptions on behalf of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481 (1987), 480 (1987), 470 (1987). Mr. Joseph G. Hays - Page 3 Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Public Information Act may be directed to the Cost Rules Administrator of the OAG, toll free, at (888) 672-6787. Sincerely, Lindsay E. Hale Assistant Attorney General Open Records Division LEH/pt Ref: ID# 26-009782 c: Requestor Third Parties Reference No: R003232-021126 Request Status: Sent for Legal Review Service Request Type: Public Records Request Priority: Medium Assigned To: Elanna Killian Customer Email: Name: Customer Phone: Create Date: 2/11/2026 10:07:17 AM Update Date: 2/12/2026 9:32:42 AM Last Reviewed: 2/12/2026 9:32:42 AM Source: Web : Public Information Center : City of Humble Pursuant to Texas Government Code, Ch. 552, I am requesting certain information, specifically: 18780 US 59, Humble, TX, 77338 Parcel: 1414680010001 For the property mentioned above I am requesting copies of the following information: • Copies of Open Zoning Violations • Copies of Open Building Violations • Copies of Open Fire Violations • Copies Certificates of Occupancy for all buildings on the property If one is not available, please let us know if we need to be noticed of any violations and need to look further into this ⦁ Copies of Site Plans, Conditional Use Permits, Special Use Permits, Variances, or any additional special permits that may apply to this property. Date Range From: 01/01/2010 Date Range To: 02/11/2026 City of Humble Address or Location(s): 18780 US 59, Humble, TX, 77338 Parcel: 1414680010001 Preferred Method to Receive Records: Electronic via Customer Portal Clarifications Requested: Clarifications Received: Public Archive Summary: I agree that if the cost of my request is between $10 and $39.99, then I will pay that amount to obtain the requested records. I acknowledge that if the cost of my request is $40 or more, then I will receive a cost estimate before any work is done.: I agree Redaction Disclaimer: I acknowledge that the City of Humble will not provide me with any further notice that those types of information have been redacted.: I agree hd Z STATE OF TEXAS COUNTY OF HARRIS We, Archway Burdom Land Holdings, LTD., acting by and through Donald E. Dennis Jr., Inc., a Texas corporation, its general partner, acting by and through Donald E. Dennis Jr., President, Owners of the 1.679 acre tract described in the above and foregoing development plat map of DEVELOPMENT PLAT OF AIR 59 NORTHERN TOOL, do hereby make and establish said subdivision and development plan of said property according to all lines, dedications, restrictions and notations on said maps or plat and hereby dedicate to the use of the public forever, all streets (except those streets designated as private streets or permanent access easements), alleys, parks, water courses, drains, easements and public places shown thereon and anconsiderations herein ex ressed• and do hereby bind ourselves our heirsforthepurposesdtpy , successors and assigns to warrant and forever defend the title on the land so dedicated. FURTHER, Owners do hereby dedicate to the public a strip of land forty (40) feet wide on each side of the center line of any and all bayous, creeks, gullies, ravines, draws, sloughs, or other natural drainage courses located in said plat, as easements for drainage purposes, giving the City of Humble, Harris County, and any other governmental agency, the right to enter upon said easement at any and all times for the purpose of construction and maintenance of drainage facilities and structures. FURTHER, Owners do hereby covenant and agree that all of the property within the boundaries of this plat shall be restricted to prevent the (drainage of any septic tanks into any public or private street, permanent access easement, road or alley or any drainage ditch, either directly or indirectly. IN TESTIMONY WHEREOF, Archway Burdom Land Holdings, LTD., has caused these presents to be signed by Donald E. Dennis, Jr., thereunto authorized, and its common seal thereunto affixed this the 7 A day of 114AACH 2070 Archway Burdom Land Holdings, LTD. Donald E. Dennis, Jr., Inc. its General Partner ( C By. i Donald E. Dennis, Jr. President STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me this 'S TM day of MArCk 20 }t) by Donald E. Dennis, Jr., President of Donald E. Dennis, Jr. Inc., a Texas Corporation the General Partner of Archway Burdom Land Holdings, Ltd., a Texas limited partnership, on behalf of said partnership. 131 &A 2 n L Notary Public in and for the State of Texas A-Pri 1 15, a a My Commission Expires: I, Paul A. Jurica Jr., am authorized under the laws of the State of Texas to practice the profession of surveying and hereby certify that the above subdivision is true and correct; was prepared from an actual survey of the property made under my supervision on the ground; that unless otherwise noted, all boundary comers, angle points, points of curvature and other points of reference have been marked with iron rod (or other suitable permanent metal) pipes or rods with an outside diameter of not less than three quarter 3/4) inch and a length of not less than three (3) feet, and that the plat boundary corners have been tied to the nearest subdivision corner. Paul A. Jurica Jr. Registered Professional Land Su veyor Texas Registration No. 4264 This is to certify that the City of Humble has approved this plat and subdivision of DEVELOPMENT PLAT OF AIR 59 NORTHERN TOOL, as shown hereon in testimony whereof, witness the official signature of the Mayor and City Secretary of the Ciit'y_of Humble this day of ^ M L r 2Q— B y; `)V"wux Merle Aaron Mayor By.. _ Je n a Ci Se re 1 CHRIS HOLLINS County Clerk of Harris County, do hereby certify that the within instrument with its certificate of authentication was filed for registration in my office on Utifif, 2-55 2020 at 3•lo o'clockP.M., and duly recorded on UW)f, UP 2020. j at `'51 o'clockj_.M., and at Film Code No. L0(11 2 of the Map Records of Harris County for said county. Witness my hand and seal of office, at Houston, the day and date last above written. CHRIS HOLLINS CHRIS HOLLINS _ County Clerk of Harris IICounty, Texas 13 W l Dep ty ANGELINA HERNANDEZ COMMENCING AT A CAPPED 5 8 INCH IRON ROD STAMPED "WINDROSE" FOUND ON THE EASTERLY RIGHT—OF—WAY R.O.W.) LINE OF U.S. HIGHWAY N0. 59, MARKING THE COMMON WEST CORNER OF SAI UNRESTRICTED RESERVE "A" AND UNRESTRICTED RESERVE E", AIR 59 COMMERCE CENTER REPLAT AND EXTENSION, MAP OR PLAT THEREOF RECORDED UNDER F.C. NO. 681808, H. C.M.R. AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 16 DEG. 45 MIN. 00 SEC. EAST, ALONG THE EASTERLY R.O.W. LINE OF SAID U.S. HIGHWAY NO. 59, A DISTANCE OF 312.71 FEET TO A CAPPED 5/8 INCH IRON STAMPED "WINDROSE" SET MARKING THE SOUTHWEST CORNER AND POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 16 DEG, 45 MIN, 00 SEC. EAST, CONTINUING ALONG THE EASTERLY R.O.W. LINE OF SAID U.S. HIGHWAY NO. 95, A DISTANCE OF 181.75 FEET, TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND MARKING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 73 DEG. 15 MIN. 00 SEC. EAST, OVER AND ACROSS SAID UNRESTRICTED RESERVE "A", A DISTANCE OF 402.29 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED WINDROSE" FOUND MARKING AN ANGLE POINT; THENCE, SOUTH 59 DEG. 40 MIN. 49 SEC. EAST, CONTINUING OVER AND ACROSS SAID UNRESTRICTED RESERVE "A", A DISTANCE OF 27.33 FEET TO AN "X" CUT FOUND ON THE CURVED WEST LINE OF UNRESTRICTED RESERVE "B", BLOCK 1 OF SAID PARK AIR 59 REPLAT, MARKING THE BEGINNING OF A NON —TANGENT CURVE TO THE RIGHT AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG THE CURVED WEST LINE OF SAID UNRESTRICTED RESERVE "B", THE FOLLOWING THREE (3) COURSES AND DISTANCES: ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 985.00 FEET, A CENTRAL ANGLE OF 05 DEG. 20 MIN. 41 SEC., AN ARC LENGTH OF 91.88 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 32 DEG. 59 MIN. 31 SEC. WEST — 91.85 FEET TO AN X" CUT FOUND MARKING AN EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; SOUTH 37 DEG. 03 MIN. 50 SEC. WEST, A DISTANCE OF 85.70 FEET TO AN "X" CUT FOUND MARKING AN ANGLE POINT; SOUTH 37 DEG. 20 MIN. 54 SEC. WEST, A DISTANCE OF 7.25 FEET TO AN "X" CUT SET MARKING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, NORTH 73 DEG. 15 MIN. DO SEC. WEST, OVER AND ACROSS SAID RESTRICTED RESERVE A", A DISTANCE OF 370.86 FEET, TO THE POINT OF BEGINNING AND CONTAINING 1.679 ACRES OR 73,147 SQUARE FEET OF LAND. As ANY PROVISION HEREIN WHICH RESTRICT THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW This certificate is valid only as to the instrument en which the original signature is affixed and only then to the extent that such instmment is not altered or changed after recording GENERAL NOTES: 1. BEARINGS WERE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83). ALL DISTANCES SHOWN HEREON ARE SURFACE DISTANCES AND MA BE BROUGHT TO GRID BY APPLYING THE FOLLOWING SCALE FACTOR: 0.99992880. 2. ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), FLOOD INSURI,NCE RATE MAP (FIRM) FOR HARRIS COUNTY, TEXAS, MAP NO. 48201CO485M REVISED/DATED JUNE 9, 2014, THE SUBJECT TRACT APPEARS TO LIE WITHIN UNSHADED ZONE X . THIS DETERMINATION WAS DONE BY GRAPHIC PLOTTING AND IS APPROXIMATE ONLY, AND HAS NOT BEEN FIELD VERIFIED. THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPER OR STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCA IONS FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN — MAD OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PAR OF WINDROSE LAND SERVICES. 3. THIS SUBDIVISION LIES WHOLLY WITHIN THE CORPORATE LIMITS OF THE CITY OF HU BLE. TEXAS. 4. SUBJECT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONSUNDERH.C.C.F. NO RP-2020-110900 RP-2020-277410 6/25/2020 HCCPIRPI 110.00 FILED 6/25/2020 3:20 PM COUNTY CLERK HUMBLE-WESTFIELD 4TH i184 rztD 0 r N fN xN a mVMiN a o r mW1 MOR/q( rOkNs O W Q eH/ N0R7" B£NO eR Y HUMBLE59 PROJECT SITE r o: a' RqC fWILLCLAYTONMY CITY OF HUMBLE, HARRIS COUNTY, TEXAS VICINITY MAP SCALE, T' 2000' DEVELOPMENT PLAT OF AIR 59 NORTHERN TOOL A SUBDIVISION OF 1.679 AC. / 73,147 SQ. FT. SQ. FT. OF LAND SITUATED IN THE W. ADAMS SURVEY, ABSTRACT NO. 95 HARRIS COUNTY, TEXAS 1 BLOCK 1 RESERVE 0 LOT MARCH 2O20 Owner ARCHWAY BURDOM LAND HOLDINGS, LTD. 13430 Northwest Freeway, Suite 395 Houston, TX 77040 713.273.8989 Surveyor 1 WINDROSE LAND SURVEYING I PLATTING I I I I I RICHMOND AVE., SUITE 150 1 HOUSTON, TX 77082 1 713.458.2281 FIRM REGISTRATION NO. 10108800 1 WINDROSESERVICES.COM SHEET 1 OF 2 T i I I p — I I I I I I I I I r I I I I I I II I I I I I I I I i I I I v Y INTERSTATE HIGHWAY 69 PUBLIC R.O.W.) EXISTING FIRE HYDRANT N1 *47— PILL CONNECT TO v 20' LANDSCAPE AND PARKING SETBACK EXISTING SSWR MH PROPOSED STORM PROPOSED STORLaijGRATEINLETGRATEINLET 50' BUILDING LINE -\ I itsFIFIFICICInrln I I I UTILITY EASEMENT RP-2018-399872) T L r I 60' ACCESS AND UTILITY EASEMENT H.C.C.F. NO. RP-2017-241727) N—S EASEMENT FOR ACCESS AND UTILITIES H.C.C.F. N0. RP-2018-105609) UNRESTRICTED RESERVE "A" BLOCK PARK AIR 59 REPEAT F.C. NO. 684300, H.C.M.R.) 10' BUILDING LINE & PARKING SETBACK 9 25' BUILDING LINE 10' LANDSCAPE AND PARKING SETBACK FL ' rL 1 ' FL I FL L FL L F F!M. T 2 00 PROPOSED BUILDING 22,016 SF) 49 LF OF 6" SSWR STUB 6" SANITARY SEWER LINE FOR BUILDING CONNECTION REF MEP PLANS FOR CONTINUATION) STUB 8" FIRE WATER LINE FOR BUILDING CONNECTION REF MEP PLANS FOR CONTINUATION) STUB 2" DOMESTIC WATER LINE FOR BUILDING CONNECTION REF MEP PLANS FOR CONTINUATION) jj 301 LF OF 6" SSWR I x PROPOSED STORM GRATE INLET x r I I PROPOSED STORM GRATE INLET PROPOSED SSWR MANHOLE I EXISTING HYDRANT e ' T 10' BUILDING INE PARKING SET CK I PROPOSED PROPOSED STORM STORMMANHOLEGRATEINLET / i PROPOSED STORM MANHOLE PROPOSED 8" FIRE / CONNECT TO BACKFLOW PREVENTOR EXISTING INLET - - PROPOSED 2 RPZ Sg SBAC`OW PREVENTOR , 15' PUBLIC WATER LINE EASEMENT 4W F.C. N0. 684300 H.C.M.R.) TAP PROPOSED 2' DOMESTIC WATER LINE INTO EXISTING 8" WATER LINE WITH 2" WATER METER AND VALVE. rRICrED TAP PROPOSED 8" FIREWATERLINEINTOEXISTING8" WATER LINE WITH 8" VALVE. FC OEC AROSg 1SER C" 684300 REPLA r H. C.M. R. V N 0 R T H GRAPHIC SCALE: 1" = 30' 30' 0 30' 60 Feet v eauy4l .J. xP I l PROJECT SITEDEVELOPMENT LEGEND PROPERTY LINE PROPOSED EASEMENT 8'M PROPOSED 8" WATER LINE PROPOSED 12" WATER LINE SS SS -- PROPOSED SANITARY SEWER FL FL PROPOSED FIRE LANE PROPOSED STORM SEWER X X PROPOSED FENCE X 0 PROPOSED PARKINGCOUNT SITE DATA EXISTING LAND USE VACANT PROPOSED LAND USE COMMERCIAL SITE ACREAGE 1.68 AC_ BUILDING SQUARE FOOTAGE 22, 016 SF BUILDING SETBACK 25 8 50 FEET LINE TABLE LINE LENGTH BEARING L1 27.33 S59' 40'49.15"E L2 7.25 S37' 20'54.00"W CURVE TABLE CURVE RADIUS LENGTH I CHORD BEARING CHORD DELTA TANGENT C1 985.00' 91. 88' S32'59'31"W 91.85' 5'20'41" 45.97' DEVELOPMENT PLAT OF AIR 59 NORTHERN TOOL A SUBDIVISION OF 1. 679 AC. / 73,147 SQ. FT. OF LAND SITUATED IN THE W. ADAMS SURVEY, ABSTRACT NO. 95 HARRIS COUNTY, TEXAS 1 BLOCK iRESERVES G LOTS MARCH2O19 Owner ARCHWAY BURDOM LAND HOLDINGS, LTD. 13430 Northwest Freeway, Suite 395 Houston, TX 77040 713. 273.8989 Engineer sm le;;xyr >>> o r n 11700 KATY FREEWAY SUITE 800, HOUSTON, TEXAS 77079 PHONE: 281-597-9300 TEXAS REGISTERED ENGINEERING FIRM F-928 RECORDER'S MEMORANDUM At the time of recordation, this instrument was found to be inadequate for the best photographic reproduction because M illegibility, carbon or photo copy, discolored paper, etc. All blackouts, additions and changes were present at the time the instrument was filed and recorded. SHEET?_ OF 2