Ord. 509-042 08-28-93ORDINANCE NO. 509-42
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, BENDING
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 IN GEORGE W. JENKINS AND S · W. NARREGANG
SUBDIVISIONS OF THE W.D.C. HALL LEAGUE, ABSTRACT 70 FROM
SINGLE FAMILY DWELLING DISTRICT (R-l) TO SINGLE FAMILY
DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT (R-2, PUD),
AT THE REQUEST OF KERRY GILBERT & ASSOCIATES, INC., AGENT
FOR ALMA M. AND VICTOR J. SNYDER, OWNERS; PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Kerry Gilbert & Associates, Inc., Agent for Alma M.
and Victor J. Snyder, Owners, filed on July 1, 1993, 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 "Ae; and
WHEREAS, on the 26th day of July, 1993, a Joint public hearing
was held before the Planning and Zoning Conun~ssion 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 "Be, said call and notice be4ng' in strict
conformity with provis4ons of Section 28.3 and 28.4 of Ordinance
No. 509; and
WHEREAS, on the 28th day of
Zoning Commission of the City
July, 1993, the P1An-ing and
submitted its report and
recommendationto the City Council regarding the proposed amendment
application of Kerry Gilbert & Associates, Inc., Agent for Alma M.
and Victor J. Snyder, Owners, whereby the Commission recommended
and approved a change in classification for the property described
in Exhibit "A" from its existing classification of Single Family
v~welling District (R-l) to Single FamilyDwelling District, Planned
unit Development (R-2, PUD); and
WHEREAS, upon receipt of the report from the Planning and
1'
Zoning Commission, the City Council considered this application at
its regular meeting on August 9, 1993y 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 Kerry
Gilbert & Associates, Inc., Agent for Alma M. and Victor J. Snyder,
owners, 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-l) is hereby for
all purposes changed and reclassified Single Family Dwelling
District, Planned Unit Development (R-2, PUD):
Being 58.473 acres of land situated in the W.D.C. Hall
League, Abstract 70, Brazoria County, Texas, said 58.473
acres being part of Lot 5, and all of Lots 6and 7 of the
George W. Jenkin's Subdivision as recorded in Volume 79,
Page 616 of the Brazoria County Map Records, and Lots 11,
12, 13 and northeast 70 feet of Lot 14 of the S. W.
Narregang Subdivision as recorded in Volume 1, Page92 of
said Map Records and being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found in the monumented northwest
right-of-way line of Dixie FarmRoad (80 feet wide) at the existing
east corner of said Lot 7;
THENCE SOUTH 44o59'30. West (bearing basis), along said northwest
right-of-way line, a distance of 1,165.48 feet to a 5/8 inch iron
rod found;
THENCE NORTH 45o11'14. West, crossing said Lot 5 along a barbed
wire fence line a distance of 1, 001.91 feet to a 1/2 inch iron rod
set in the line common to said S. W. Narregang and George W.
Jenkin's Subdivisions;
THENCE SOUTH 44°59~30" West, along said common line, a distance of
1, 052.45 feet to a 1/2 inch iron rod set;
THENCE NORTH 45~00'30" West, crossing said Lot 14 of the S. w.
Narregang Subdivision along a line 70.00 feet southwest of and
parallel to the northeast line of said Lot 14, a distance of 1,
040.38 feet to a 1/2 inch iron rod set in the northwest line of
said Lot
THENCE NORTH 44~59'30" East, along the northwest line of said Lots
14, 13, 12 and 11, a distance of 1,324.00 feet to a 1/2 inch iron
rod set at the common corner of Lots 10, 11, 22 and 23 of said S.
w. Narregang Subdivision, same being the west comer of the
remainder of that certain called 109.1788 acre tract described in
a deed to Alfred W. O'Farrel recorded under Brazoria County Clerk's
2
File No. 37131;
THENCE SOUTH 45°00'30" East, along the line common to said Lots 10
and 11, a distance of 1,040.38 feet (called 1, 041.00 fee) to a 1/2
inch iron rod set in the aforesaid line common to said S. W.
Narregang and George W. Jenkin's Subdivisions at the east comer of
said Lot 11, same being the south corner of said O'Farrel residue
tract;
THENCE NORTH 44o59'30" East, along the line common to said S. W.
Narregang and George W. Jenkin's Subdivisions, at 60.00 feet
passing the south corner of Oakbrook Subdivision, Section Two as
recorded in Volume 19, Page 81 of said Map Records, and continuing
on a total distance of 897.74 feet (called 898.10 feet) to a 1/2
inch iron rod found at the north corner of said Lot 7, same being
an interior "L" corner of Oakbrook Subdivision, Section One as
recorded in Volume 19, Page 41 of said Map Records;
THENCE SOUTH 44o59'01" East, along the southwest line of said
Oakbrook Subdivision, Section One, a distance of 1,001.91 feet to
the PLACE OF BEGINNING, and containing 58.473 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.
llI.
The City Council of the City of Pearland finds and determines
that the amendment adopted 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 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
3
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.
PASSED ANDAPPROVED on first reading this
~.~~f , A.D., 1993.
day of
ATTEST:
Pht Jone~retary
PASSED AND APPROVED on second and final reading this
day of ~ , A. D., 1993.
C.'V. Co ger, yor
ATTEST:
· Pat Jones ary
APPROVED AS TO FORM:
Lester Rorick, City Attorney
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AFFIDAVIT OF PUBLICATION
Before me, the undersigned authority,'on this day personally
appeared GLORIA BOIKE, Business Hansget for THE JOURNAL, a
newspaper having general circulation in Brazoria 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
,9% .
, 19
(SEAL)
STATE OF TEXAS
(7~a) 4es-L,m~ (-~) 4es-s73q
AltOmeyfor~be~s~te
NOTICE OF A JOINT PUBUC
HEARING OF THE CITY COUNCIL
AND
THE PLANNING AND ZONING
COMMISSION OF THE CITY OF
PEARLAND, TEXAS
Brazorla Counly, Texas, said 58.473
· cres being part of Lot 5, and all of
Lote 6 lind 7 of the George W.
'Jenkin'$ Subdivision as recorded in
Volume 79, P_age 616 of the Brazoria
County_ Map Records, and Lob 11, 12,
13 and northeast 70 leer of Lot 14 of '
The JoUrmd, JW e. lm, Peg,
TuNcby, Jdy27,1993,7.~op~.
in the Friendswood City Hall. 109
fdo~ van%snce:
1. Seeking variance at 1808
~onado bt 14 ~ 8, '1.
g:.un"....%e..o..a .
the ..regular , V D d
and Victor J.' ~r, ownera, for an
amendmentlo ~e Land U~e and
..................... 1-92FOPJ)i~RX)R!ii
EDDIEBAU~ ....