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Ord. 509-072 05-13-96ORDIN/~CE NO. 509-72 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ALLOW FOR TELECOMMUNICATION EQUIPMENT TO BE BUILT IN A COMMERCIAL DISTRICT (C) ON A TRACT OF LAND CONTAINING 0.061 ACRE (2658 SQUARE FEET) OUT OF THE WARREN D.C. HALL LEAGUE, A- 70, BRAZORIA COUNTY, TEXAS. SAID 0.061 ACRE TRACT ALSO BEING PART OF A 1.4030 ACRE TRACT BEING ALL OF UNRESTRICTED RESERVE ~A~, PARTIAL REPLAT OF OAKBROOK SUBDIVISION PHASE ONE, SECTION ONE - AMENDED PLAT AS RECORDED BY PLAT IN VOLUME 19, PAGE 41-42, BRAZORIA COUNTY PLAT RECORDS, BRAZORIA COUNTY, TEXAS AS CONVEYED TO KWAI PING CHEUNG LAU BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 93-017608 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY, TEXAS AND BEING PART OF LOT 10 OF THE GEORGE W. JENKINS SUBDIVISION AS RECORDED BY PLAT IN VOLUME 79, PAGE 616, BRAZORIA COUNTY DEED RECORDS, BRAZORIA COUNTY, TEXAS AT THE REQUEST OF BILL STRICKLAND, AGENT FOR SOUTHWESTERN BELL TELEPHONE, OWNER, PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICTMAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Bill Strickland, agent for Southwestern Bell Telephone, owner, filed on March 22, 1996, an application for a Specific Use Permit pursuant to Section 23 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a Specific Use Permit to allow for telecommunication equipment to be built upon a certain tract and parcel of land within the territorial limits of said City, such land being fully described in the original application for Specific Use Permit attached hereto and made a part hereof for all purposes as "Exhibit A"; and, WHEREAS, on the 22nd day of April, 1996, 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 B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 23rd day of April, 1996, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed application of Bill Strickland, agent for Southwestern Bell Telephone, owner, whereby the Commission recommended and approved the issuance of a Specific Use Permit to allow for telecommunication equipment to be built in a Commercial District (C); and WHEREAS, upon the receipt of the report from the Planning and Zoning Commission, the City Council considered this application, and concurred with the recommendation of the Planning and Zoning Commission, at its regular meeting on May 13, 1996; and WHEREAS, the City Council having fully heard the testimony and argument of all interested parties, having been fully advised in the premises, finds that in the case of the application of Bill Strickland, agent, facts were presented which, in the judgment of the City Council, would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. There is hereby issued a Specific Use Permit to allow for telecommunication equipment upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified as a Commercial District (C): Being a tract of land containing 0,061 acre (2658 square feet) out of the Warren D.C. Hall League, A-70, Brazoria County, Texas. Said 0.061 acre tract also being part of a 1.4030 acre tract being all of Unrestricted Reserve ~A", Partial Replat of Oakbrook Subdivision Phase One, Section One 42, Brazoria County Plat Records, Brazoria 2 County, Texas as conveyed to Kwai Ping Cheung Lau by deed recorded in County Clerk's File No. 93-017608 of the Official Records of Brazoria county, Texas and being part of Lot 10 of the George W. Jenkins Subdivision as recorded by plat in Volume 79, Page 616, Brazoria County Deed Records, Brazoria County, Texas. Said 0.061 acre tract being more particularly described by metes .and bounds as follows: COMMENCING FOR REFERENCE at a 5/8 inch iron rod found for the east corner of said 1.4030 acre tract, being the south corner of a 9.76353 acre tract as conveyed to Robert P. Cochran, Trustee by deed recorded under County Clerk's File #94-032915 of the Official Records of Brazoria County, Brazoria County, Texas and being located in the northwest right-of-way line of Dixie Farm Road (County Road 126) (100 feet wide), from which a 3/4 inch iron rod found for the original east corner of said Lot 10 bears South 44 deg. 59 min. 01 sec. East, a distance of 40.00 feet; THENCE South 44 deg. 59 min. 30 sec. West with the northwest right-of-way line of said Dixie FarmRoad, with the southeast line of said 1.4030 acre tract and with the southeast line of said Unrestricted Reserve ~A~, a distance of 16.00 feet to a ½ inch iron rod set for the east corner and the POINT OF BEGINNING of said tract herein described; THENCE South 44 deg. 59 min. 30 sec. West with the northwest right-of-way line of said Dixie FarmRoad, with the southeast line of said 1.4030 acre tract, with the southeast line of said Unrestricted Reserve ~A" and with the southeast line of said tract herein described, a distance of 40.00 feet to a ~ inch iron rod set for the south corner of said tract herein described; THENCE North 44 deg. 59 min. 01 sec. West with the southwest line of said tract herein described, a distance of 72.45 feet to a ½ inch iron rod set for the west corner of said tract herein described, located in the southeast line of 103.50 foot wide pipeline right-of-way as shown on the recorded plat of said Partial Replat of Oakbrook Phase One, Section One; THENCE North 61 deg. 40 min. 38 sec. East with the southeast line of said 103.50 foot wide pipeline right- of-way distance of 41.75 feet to a ~ inch iron rod set for the north corner of said tract herein described; THENCE South 44 deg. 59 min. 01 sec. East with the northeast line of said tract herein described, a distance of 60.46 feet to the POINT OF BEGINNING and containing 0.061 acre (2658 square feet) of land. 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 and that no valid protest of the proposed change has been made. 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. III. The City Council of the City of Pearland finds and determines that the Specific Use Permit granted herein promotes the health, safety, morals, and general welfare of the public and is a proper valid exercise of the City's police powers. IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court 0f 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. v. All rights and remedies which have accrued in the favor of the City under this Ordinance and its amendments thereto shall be and are preserved for the benefit of the City. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City pursuant to the provisions of Section 2 of Ordinance No. 509, and consistent with the approval herein granted for the issuance of a Specific Use Permit. PASSED, APPROVED, and ADOPTED on the first reading this ~~day of , 1996. Tom Reid, Mayor ATTEST: PASSED, APP , and ADOPTED on second and final reading this Tom Reid, Mayor 5 : '..'/,'~i!'!i~:.i~,,~!ii.!i::::' .ZONE':~ ...C ........:.......~~ Change in Zoning Classification from: __ Change in Regulations in Section #: X Specific Use for: TELECOMUNICATIONS EQUIPMENT Property address: N. of Dixie Out of Reserve "A" Lot: Block: Metes & Bounds Description: (unplatted property only; attach survey) Farm Road @ it's intersection Suixii~sion: OAKBROOK Plat Attached with Westfield SUBDIVISION Tax I.D. number: Proposed use of land within requested designation: Telephone Switching 'Equipmen t Record owner's name: Owner's mailing address: Owner's telephone number. Agent's name: Southwestern Bell Telephone Company , Attn: Right of Way Agent's mailing address: 939 West Greens Road # 215, Houston, Texas 77067 Agent's telephone number: Bill Strickland ~sv, t~13-240-3370 PErlTION: As ownedagent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and Ordinances of the City of Pearland. Owner's signature: gent's signature: ~ ~,~:, ~ ~c~.~' ~.~ ~.,~: ~- ~ -~ .G .................. O A K E:] .R C) 0 K ,r-i EXHIBIT .061 AC. ,© City of Pearlend, ONE CHANGE FOR TELBPHONE CO. ~CH, 19~ ~:l'- ~J. ~OVE 96-11~9 ~ ! EXHIBIT "B" AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Joan Cummings, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general circulation in Brazorla and Harris Counties, for } No. 1 Date No. Date No. Date No. Date No. Date issues, as follows: 19 Subscribe and worn to before me this 19 4~ ,.,~d:C~r'~Edito~~rr~n~"l~ day o~~ Laura Ann Emmons, Publisher EXHIBIT "B" ...j,,, Ne, eTmlm,.eecey _'-kdnmC_ ,- CIty oflmedmM, win ill Hmntm 'm,kmmPdl~mkmmm ,_fi, ~111 LJl~q Drive, ridand, Texas, on the _-~;lllePlfltlodolr' ;,~_,::3t to be Idl in m -;--'::."dd Dlmldct (C) ~n ' Ibm following described ! ,led: "'e4~Natraet of land cem ,lining I.H1 mum (llM iqvlre feet) out of the 'em O~,lil ljNus, A- I , klaMI M, TIll. 1(llJlll~elllcllM d el Ileleg'ldl of e i ~eiddee. Ikafw *A', ,: :