Ord. 509-019 10-28-89ORDINANCE NO. 509-19
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS;
PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP;
PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
WHEREAS, RUDY SCHUBERT, Agent for CHARLES C. WIGHT, III,
Owner, filed August 9, 1989, 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 18th day of September, 1989, 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 the provisions of Section 28.3 and 28.4 of Ordinance
No. 509; and
WHEREAS, on the 2Oth day of September, 1989, the Planning and
Zoning Commission of the City submitted their report and
recommendation to the City Council regarding the proposed amendment
application of Rudy Schubert, Agent for Charles C. Wight, III, Owner,
whereby they recommended and approved a change of classification for
the property described in Exhibit "A" from its existing classification
of General Business (GB) to Commercial (C); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application at
their regular meeting on September 25, 1989; and
WHEREAS, the City Council having fully heard the testimony and
argument of all triterested parties, having been fully advised in the
premises, finds that in the ease of the application of Charles C.
1
Wight, III, Owner, 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 General Business (GB) is hereby for all purposes changed and re-
classified Commercial (C):
Abstract 289, Lots 6A1 and 6A2 of a 2.1360 Acre Tract
of land out of the H. T. & B. R. R. Survey, Section
11, Brazoria County, Texas, and being more
particularly and being more particularly described as
follows:
TRACT NO. 1:
2.069 acres of land out of a 3.58 acre tract in HT&B, Section 11,
Abstract 239, Brazoria County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING at a 3/4ths inch iron pipe set at the point of intersection
of the Easterly right of way line of State Highway 35 and the South
line of Walnut Street, said South line being 60' South of and parallel
to the South line of Block 27 and 28, Pearland Townsite;
THENCE East 250.0' along said South line of said Walnut Street to a
3/4ths inch iron pipe set for the Northeast corner of this tract;
THENCE South 26 deg. 58 min. East 325 feet to a 3/4ths inch iron pipe
set for the East corner of this tract;
THENCE South 60 deg. 23 min. West 230.0 feet to a 1/2 inch iron rod
set in the Easterly right of way line of State Highway 35 for the
South corner of this tract;
THENCE North 29 deg. 32 min. West 176.5 feet along said East right of
way line to a 3/4ths inch pipe for the P. C. of a curve to the right
from which a concrete monument marking the P. C. of the Westerly right
of way line of said highway bears South 60 deg. 28 min. West 100.0
feet;
THENCE following said curve with the following functions: R. equal
1,382.4 feet, Triangle equal 11 deg. 20 min., L. equal 273.5 feet to
the place of beginning and containing 2.069 acres of land.
TRACT NO. 2:
0.067 acres of land adjoining a tract of 2.069 acres of land out of
the northwest corner of 3.58 acres of land in Section 11, H. T. & B.
R. R. Co. Survey, Abstract No. 239, Brazoria County, Texas, said 3.58
acre tract is described in Volume 417, Page 431, of the Deed Records
of Brazoria CoUnty.
BEGINNING at a 3/4 inch pipe at the northeast corner of said 2.069
acre tract in the south line of Walnut Street in the Town of pearland,
Texas, and from which a 3/4 inch iron pipe at the intersection of said
south line with the east right-of-way line of State Highway 35 bears
west 250 feet.
2
THENCE S 26 deg. 58 min. E along the east line of said 2.069 acre
tract 325.0 feet to a 3/4 inch iron pipe at its southeast corner;
THENCE N 80 deg. 23 rain. E 9.0 feet along an extension of the South
line of said 2.069 acre tract to a point for corner;
THENCE N. 26 deg. 58 min. W 320.0 feet to a point for corner on the
south line of Walnut Street;
THENCE West 10.1 feet along said south line to the place of beginning
and containing 0.067 acres of land.
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.
III.
This Ordinance shal 1 become effective after its passage and
approval on second and final reading.
~j~._~D~ ~d APPROVED on first reading this
, A. D., 1989. ~,
Mayor
day of
ATTEST:
City Secretary'~~ i
3
day of
PASSED and APPROVED on second and final reading this
~.~~ , A. D., ~989.
Mayor
ATTEST:
~ ~:~,,,,
City S~retary
APPROVED AS TO FORM:
4
EXHIBIT "A"
Cl'l~ OF PFARLAND
LAND USE CHANGE APPLICATION
AUG0789
ZONtlqG C!!^NG!'.I }~I'IQUES°I'ED
( ) Change in Regulations 'in
Sectlon , ~
(X) Change in Zone Class
From: General Business
BOARD OF ADJUSTMI~NT & APPEAL
( ) Variance Appeal
( ) Appeal from Interpretation
( ) Special E×cept].on Use
For: ..............
To: Commercial
PROPERTY IDENT.tFICATION
St:rce~. or Road Address:
2~01 South Main
Lot 6A1 & 6A2, Block
, Addition
SUBMITTAL INFO~TION
1. Must be professionally drawn
2. Minimum scale of 100' to inch_
3. North Arrow
4. Site map attached
Pearland, Texa_S___7158]
5. Tract Dimension
6. Location, size,
relationship of all
existing structures to
boundary lines
LEGAL DESCRIPTION
Describe from Deed Records, attach copy of Deed, and use metes and
bounds description:
Platted Land: 2.1360 Acres out of HT & BRR Survey,
Section 11, Abstract 239 Brazoria, County, Texas
Unplatted Land: (Must have mete~ &'bounds description)
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Commercial Use
RECORD OWNER: · Charles C. Wight, III
OWNER'S MAILING ADDRESS & PHONE NO.:
AGENT ' S NA/4E: Rudy Schubert
AGENT'S MAILING ADDRESS: P.O. Box 75008
P.O. Box 5215
Houston, Texas 77262
PHONE NO.: 713-795-4800
Houston, Texas 77234
PETITION As Owner/Agent, I hereby petition the City for approval of
the above described request as provided by the laws of the
"EXHIBIT B"
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned authority, on this day personally appeared
IRVIN J. JONES, the BUSINESS MANAGER of the JOURNAL,
(Name) (Title) (Name of Newspaper)
a newspaper having general circulation on 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:
and sworn to before me this the /~/ day of
~//fi,_~ , 1 ~' , to certify which witness my hand
~ .': ~ ~,~,-;~ County, Texas
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