Ord. 509-067 03-11-96OI~DZIiANCg NO. 509-67
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
CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED
ON 47.73 ACRES IN THE THOMAS GREENE SURVEY, ABSTRACT 198,
BRAZORIA COUNTY, TEXAS, (E. BROADWAY, HIGHWAY 518) FROM
CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO
GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF MICHAEL D.
WILSON, AGENT FOR FIRST BAPTIST CHURCH - PEARLAND, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVI-SIONS RELATED TO THE SUBJECT.
WHEREAS, Michael D. Wilson, agent' for First Baptist Church -
Pearland, owner, filed on January 15, 1996, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and
Urban Development Ordinance of the City, for approval of a change in
the land use as provided for in said Section 28, 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
WHEREAS, on the twelfth day of February, 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 thereto 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 fourteenth day of February, 1996, the Planning and
Zoning Commission of the City submitted its report and recommendation
to the City Council regarding the proposed amendment application of
Michael D. Wilson, agent, whereby the Commission recommended and
'approved a change of classification for the property described in
Exhibit "A" from its existing classification of Single Family Dwelling
District (R-2) to General Business District (GB); and
WHEREAS, upon 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 a
regular meeting on February 26, 1996; 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 Michael D.
Wilson, 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:
The following described property located within the corporate City
limits of the City of Pearland, Texas, and presently classified as
Single Family Dwelling District (R-2) is hereby for all purposes
changed and reclassified General Business District (GB):
A 44.7362 acre or 1,948,710.6000 square foot tract of land in
the Thomas J. Green Survey, Abstract 198 secured by warranty
deed from Gladys N. Dissen and John Stuart Dissen, both
individually and as Independent Co-Trustees of the W. J.
Dissen, Jr. Marital Trust to First Baptist Church, Pearland,
Texas, Inc., recorded under File No. 95-002978, Official
Records of Brazoria County, Texas, said deed containing an
insufficient and incorrect description, and being out of the
W.J. Dissen 47.79 acre tract described under Number 5, Item
B, Volume 961, Page 91, dated January 1, 1967, in deed,
Dissen to Frost, filed for record May 19, 1977, Volume 1341,
Page 113 and Frost to Dissen, filed'for record June 11, 1981,
Volume 1575, Page 257, Deed Records of Brazoria County,
Texas, and is more particularly described by metes and bounds
as follows:
'COMMENCING at a found 1 ~ inch iron pipe marking the South corner of
Sherwood Subdivision Replat, Section 2, Volume 999, Page 545, Brazoria
County Plat Records;
THENCE South 45'39'12" East along the southwesterly line of the Thomas
J. Green Survey, Abstract 198 and the northeasterly line of the T. D.
Yocum Survey, Abstract 399, a distance of 1033.41 feet to a set % inch
iron rod and the POINT OF BEGINNING and marking the southwesterly
corner of the herein described tract of land;
THENCE North 44'27'48" East along the northwesterly line of the herein
described tract, passing at 114.50 feet the centerline of Mary's Creek
(100 foot width), passing at 156.31 feet to a set ~ inch iron rod from
which a found ~ inch iron rod bears North 45'32'00" West, 2.39 feet on
the northerly bank of Mary's Creek, in all a total distance of 1954.05
feet (called 1953.94 feet) to a set ~ inch iron rod in the
southwesterly ROW of F.M. 518 (100 foot ROW), marking the most
northerly corner of the herein described tract from which a found ~
inch iron rod bears North 21'34'00" West, 0.93 feet;
THENCE South 64°10'54" East along the southwesterly ROW of F.M. 518, a
distance of 701.32 feet to a set ~ inch iron rod for corner;
THENCE South 44'01'23" West, a distance of 422.91 feet to a set ~ inch
iron rod for corner;
THENCE 64'10'54" East, parallel with the southwesterly ROW of F.M. 518,
a distance of 325.28 feet to a set ~ inch iron rod for corner;
THENCE South 44'01'23" West along the southeasterly line of the herein
described tract, passing at 1643.08 feet a set % inch iron rod in the
northeasterly bank of Mary's creek, from which bears North 45'32'00"
West 3.11 feet to a found % inch iron rod, passing at 1690.00 feet the
centerline of Mary's Creek, in all a total distance of 1857.40 feet to
a set ½ inch iron rod from which a found ~ inch iron rod in concrete
bears North 04'27'00" West 4.22 feet, and being the most southerly
corner of the herein described tract;
THENCE North 45'39'12" West along the southwesterly line of the Thomas
J. Green Survey, Abstract 198 and the northeasterly line of the T.D.
Yocum Survey, Abstract 399, passing at 795.68 feet, a found % inch iron
rod and continuing a total distance of 990.25 feet to the POINT OF
BEGINNING and containing 1,948,710.6000 square feet or 44.7362 acres of
land, more or less.
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 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 amendment adopted herein promotes the health, safety, 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 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.
Ve
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.
VI.
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 reclassification of the
hereinabove described property.
VII.
This Ordinance shall become effective after its passage and
approval on second and final reading.
4
ORDINANCE NO. 509-67
PASSED, APPROVED, and ADOPTED on First Reading this
of ~'~~ 1996.
TOM REID
MAYOR
ATTEST:
~ITy~SECRETARi
day
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
//~ ~ o~ ~~ ,~.
TOM REID
MAYOR
ATTEST:
AFPROVED AS TO FORM:
__ Change in Zoning Classification from:
Change in Regulations in Section #:
__ Specific Use for:
Property address:
';iT"..' o; F'FARi AND
CITY S.:'2C.,.;i:~.2T/:,.R',-"'B OFFICE
Lot: Block:
Metes & Bounds Description:
(unplatted property only; attach survey)
Subdivision:
,t,7.7) Ac,~--~ ta -r~ .~.'X"~Mte~ EN.R~EdE ~
A- I~ ~zl~ ~~,~. '-
Tax I.D. number:
Proposed use of land within requested designation:
CAh~set-~ J[ C--t-turner_!4
/-rc:=ev
Owner's telephone number:
([ ll~') 485' 14-q l
Agent's name:
h/~tr,~l~t. i'D. ~/,1Jt-5omJ
Agent's mailing address: ~. O' ~f~X' 7trio )~-~-AI~'! ,',,~.!D~'~'~'.
Agent's telephone number: VJOIZV '. 4f~' )qq I ~ hA. t ~PI &- 0 =- 6 =,
Owner's signature:
Fees paid: $
Received by: ~
PETITION: As owner/agent, 1 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.
Date paid: /'/~"'
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EXHIBIT "B"
AFFIDAVIT OF PUBLICATION
BeEore me, the undersigned authority,'on this day personally
appeared GLORIA BO!KE, Business Hans&er for THE JOURNAL, s
newspaper having generdl circulation in Brszoria County,
Texas, who being by me duly sworn, deposes and says that the
foregoing attached notice was published in said newspaper'
on the following date(s), to wit:
, 19
, 19 .
Subscribed and
sworn to this ,~9C}L~
, 19'
day oF ~~"~J_Cc~ ~
(SEAL)
~. NIKKI KLEIN
Notary Public, State of Texas '
My Commbsion ExPires ,.
05/17/98
I/"~,_,L_/_ L,~ ....
NOTARY PUBLIC
STATE OF TEXAS
Page 12 The
nd Journal, Wednesday, January 24, 1996
LEGAL/PUBLIC"' LEGAL/PUBLIC
NOTICE NOTICE NOTICE
B96-3 to eject any ant d bids as ZONIA6 COlqlP'g:OII OF
in the best into fit of the THE CRY OF PEARUID.
r
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Sealed bids Plans, specification and r r(
bidding documents are
available for inlpection
during regular beelean
hours el the following Recreadoo Deparln~nt has decided
dead
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deposit for Ibe additional said ' C_fff hem
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fo~"'l.'1;,,t'"!,,'?" atwm'ary
to teachedule the 2rid Annual Kid's
Fish .Feat 1996 tO Feb. 3, due to
cold .~dl~tg' Kid's FIsh Fest
1996will$~'[lln~lwMatthelnde-
$. ' penden~ ~ ~ with extended
I .hoe'~ 9 Lm. to 5' p.m. to allow
[Gd's Fish Fest b Free and open
to all boys and SirIs aSes 4 to 16
WEONESDAY
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6'.30 Ptetm ProIrma Pr~
5 101 W. Broadway - Pearland :
I~Fam TmSev~
CROSSWORD PUZZLE
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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 Brazoria and Harris Counties, for / issues, as follows:
No. /Date/- ZY
No. Date 19
No. Date 19
No. Date 19 __
No. Date 19
Edl/~orfit/
Subscribe and worn to before me this 2.-~ day of
. :"~' ~. . ,
k TO Ill)el Plane, epeclficstlone and NuiF~ OF A "
~F FRIENDSWOOD, bidlag documents my be O E Y
" secured from the City ~.G .~
· ~.NON-1 offices It 3519 Liberty AND
; Drive, hadand, Texas, o~ THE PLHgING AND ZONli6 ~
~SEALEO BiDS IN D. UP-JJ: deposit of Forty ($4o.oo)COBBSStOH OF ~ CITY
---""" !Cleaning
~Bg PICKEDUP AT THE'
· ~CfTY 8ECREATRYI
**THE PERSON TO .C,O.N.- I Jr~k/~ f t
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