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Ord. 509-012 08-12-88ORDINANCE NO. 509-1a AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT A PUBLIC HIGH SCHOOL FACILITY IN AN R-2, RESIDENTIAL, ZONING DIS- TRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Pearland Independent School District, Owner, filed on or about July 20, 1988, an application for 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 construct a Public High School Facility 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 15th day of August, 1988, a joint public hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice thereof being given by mail and 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 notice being in strict conformity with applicable State Law and the provisions of Ordinance No. 509; and, WHEREAS, on the 18th day of August, 1988, the Planning and Zoning Commission of the City submitted their report and recommenda- tion to the City Council regarding the proposed application of Pearland Independent School District, Owner, whereby they recommended the issuance of a Specific Use Permit to construct a Public High School Facility, with certain conditions appurtenant thereto, on the aforementioned land; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and such report at their regular meeting on August 22, 1988; 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 Pearland Independent School District, Owner, for a Specific Use Permit to con- struct a Public High School Facility, facts were presented which in the Judgment of the City Council would justify the approval, with certain conditions, of said application, it is therefore 0RDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. There is hereby issued a Specific Use Permit to construct a Public High School Facility, subject to the terms and conditions herein set forth, upon the following described property located within the corporate limits of the City of Pearland, Texas, and presently classified within the R-2 Residential Zoning District: Remainder of Lots 12, 13, 14, 15 & 16 of a 83.37~9 acre tract of land, not included in the Commercial zone, Abstract 507, W. N. Murdock Subdivision, Section 2 of A.C.H. & B.R.R. Survey. II. The issuance of said Specific Use Permit is made subject to the following terms and conditions, to-wit: No site plan be attached showing a proposed roadway. III. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall, upon conviction by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00), and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense. IV. The City Secretary shall cause this Ordinance, or the caption and penalty hereof, to be published in the official newspaper of the City at least once within ten days after its passage on second and final reading. This Ordinance shall then become effective ten days 2 from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED and APPROVED ON FIRST READING this day of , A. D., 1988. Mayor ATTEST: day of PASSED and APPROVED ON SECOND AND FINAL READING this ~//n~~ , A. D., 1988. ~~~ Mayor ATTEST: City S~retary APPROVED AS TO FORM: I~rne~y~ VOTING RECORD (FIRST READING) SEPTEMBER 6, 1988 Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost & Wolff. Voting "No" - None Motion passed 5 - O. VOTING RECORD (SECOND READING) SEPTEMBER 12, 1988 Voting "Aye" - Councilmembers Smith, Tetens, Roberts & Wolff. Voting "No" - None Absent: Councilmember Bost Motion passed 4 - O. PUBLICATION DATE: SEPTEMBER 16, 1988 EFFECTIVE DATE: SEPTEMBER 26, 1988 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 3 ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (X) Change in Zone Class From: R-2 EXHIBIT "A" CITY OF PEARLAND LAND USE CHANGE APPLICATION BOARD OF ADjUSTMENT & APPEAL ( ) ( ) ( ) For: Variance Appeal Appeal from Interpretation Special Exception Use PROPERTY IDENTIFICATION Street or Road Address: with aohn Lizer Road Lot Pts of 12,13, Block 14, 15 and 16 SUBMITTAL INFORMATION State Highway 35 approximately 2000 feet S.E. of Intersection W.N. Murdock Subdivision Abstract 507 Addition Section 2 of A.C.H.&B.R.R. Survey 1. Must be professionally drawn 5. 2. Minimum scale of lO0' to inch. 6. 3. North Arrow 4. Site Map attached LEGAL DESCRIPTION Tract Dimension Location, size, relationship of all existing structures to Boundary lines Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Platted Land: Metes and Bounds Attached - T'H~ P--E-iqA~Ij DF-42 ~F ~ Unplatted Land: (Must have metes & bounds description} PROPOSED USE OF LAND-WITHIN REQUESTED DESIGNATION: To construction a public High School facility of approximately 300,000 square feet OWNER'S MAILING ADDRESS & PHONE NO.: NAME & ADDRESS OF MORTGAGEE, if any: None AGENT' S NAME: PHONE NO.: AGENT'S MAILING ADDRESS: PETITION 0 inances of the City of Pearland. SIGNATURE L~ Owner FEE: $ A//~ ~ DATE PAID: As Owner/Agent, I hereby petition the City for approval of the above described request as provided by the laws of the State of Texas and AGENT DATE FILED: q-SLO- Yl APPLICATION NO. ATTACHMENT TO EXHIBIT "A" DESCR I PT I ON Of a 83.3719 acre tract of land out c,f a 207.179 a.:re tract of ! ~.,,d, as cc, nveyed to Elizabeth Alexander Ni .-.'l:.et, as recc. rded Lu,.~er Vc. lume 1597, Page 315 of the Deed R~c.:_.rds of Brazoria C'.-.,..,-,ty, Texas, said tract als,z, being c, ut c,f ~he A.C.H.&B. Railr..-.._~d Survey, Abstract No. 507, Braz,z. ria C:,_.unty, Texas, and 10eir-~g part of Lots 11, 12, 13, 14, 15 and 16, c,f the L.W. Murdc-:k Subdivisic, n, as recorded in Volume 29, Page 174 of the Deed Recc. rds c,f Brazoria County, Texas, and also being part of the following conveyances recc. rded amc, ng the Deed Records of Brazc. ria County, Texas: Part of Lot 11, which was conveyed by Dentc, n Williams, et ux,~ to C.H. Alex.._'u~der by deed d.ated February 8, 1950, as re,zc, rded in Volume 478, Page 439. Part of Lot 12, as conveyed by William J. Grimsin~_~er, et ux, to Helen F. Alexander, by deed dated January ':.::5, 1945, as recc. rded in Volume 394, Page 422. F'art c,f Lots 12, 13 and 14, which was conveyed by W.L. Cc, nover to, C.H. Alexander, by deed dated January 30, 1945, as recc, rded in Vc, lL~me 391, Page 573. Part c,f-Lots '12 and 14, as cc, nveyed by W.L. Conover to C.H. Alexander, by deed dated September 5, 1944, as recorded in Volume 394, Page 420. All of Lots 16, 17 and 18, and parts of Lots 15, 19, 24 and 25, as ,:c, nveyed by Wilfred H. Harris to C.H. Alexander by deed dated September 19, 1947, as recorded in Volume 354, Page 113. All being more particularly described by metes and bounds as fol 1 ows: BEGINNING at a 5/8 inch iron rod found for the Northwesterly corner of the said 207.179 acre tra,.~t of land, and being in the Northeasterly Right-Of-Way line of State Highway No. 35 (100.00 fc. ot wide), said irc, n rod being in the cc, mmon division line between Lots 8 and 11; THENCE North 89°17'53" East (called North 89'18'50" East) along the North line of said 207.179 acre tract, also being the cc, mmon line between said Lots 8 and 11, a distance of 1,872.82 feet (called 1,871.9 feet) to a 5/8 inch irc, n rc, d set for ,:orner in the common line between said A.C.H.&B. Railroad Survey, and the Southwesterly line c,f the W.D.C. Hall Survey, Abstract No. 70, said point being located South 45°56'45" East from a 5/8 inch iron rod found for the most Westerly corner of said W.D.C. Hall Survey, said iron rod also being in the Southwesterly line of the City ,:,f Pearland 49.85 acre tract, as recorded under Volume 1250, Page 994 of the Deed Records of Brazoria C:ounty, Texas; THENCE South 45°56'45" East (called Sc, uth 45'51'40" East) along the common line of said A.C.H.&B. Railroad Survey, and the W.D.C. Hall Survey, and being the Northeasterly line of said 207.179 acre tract and the Southwest line of said 49.85 acre tract, passing at a distance of 713.91 feet a 6" X 6" concrete monument found for the most Southerly corner of said 49.85 acre tract, and the most Westerly corner of the Aaron Pasternak, Trustee Tract, as recorded under VolUme 1023, Page 297 of the Deed Records of Brazoria County, Texas, and continuing for a total distance of 1,742.45 feet to a 5/8 inch iron rod set for corner in a curve to the right; Page I of '2 ATTACtIMENT TO EXHIBIT "A" DESCR I F'T I ON CONT I NUED THENCE in a Southwesterly directic. n with'said curve to the right, having a radius of 2,OA0.00 feet, a central angle of 31°59'39", an arc 1 ength of 1,116.81 feet, a chord bear ing of Sc. uth 64°40'06'' West and a ch,z, rd distance nf 1, 102.36 feet tn a 5/8 inch iron rc.d set for a point of tangency; THENCE Sc, uth 8A°39'52" West a distance of 728.18 feet to a 5/8 inch iron rod set for the beginning of a curve tc, the left; THENCE in a Southwesterly directi?z.n wit~ said curve to. the left, ~aving a radius c.f 1,o0o.00 feet, a central angle c.f 20°17'13", an arc length of 354.07 feet, a c~c. rd bearing of South 70°31'15" West and a c~ord distance of 352.23 feet to a 5/8 inch irn~ rc.d set for cc. rner in t~e Northeasterly Right-Of-Way line of said State Highway No. 35; THENCE North 29°37'21" West along the Nnrt|~easterly Right-Of-Way c.f said State Highway Nc,. 35, a distance of 2,180.91 feet t.:. the PLACE OF BEGINNING of the berein described tract and containing wit~in these ,:alls 83.3719 acres .:.r 3,631,681 square feet of land. WITN~-'SS MY HAND AND SEAL THIS THE 12TH DAY OF MAY, Re i seal: · ~ _ c Surveyor N.:.. 1609 1988. May 31, 1 '988 MUNICIPAL ENGINEERING COMPANY, 3301 Federal Pasadena, Texas 77504 PHone: (713) 941-8988 JOB NO. 1076-88 WS4/FILES/1076-88.1 RRT INC. Page 2 of 2 EXHIBIT"B" STATE OF TEXAS COUNTY OF Brazoria I , BeFore ~e,..tho undoreigned euthorlby, on ~hlw day personally appeared Larry K.' Ellis , the Business Manager. (N.me)] {Title) of the Jo,,rn~l s (Name of Newspaper j , newspaper'having general circulation on 8razoria County, Texas, who being by me duly sworn, deposem end maya ths~ the foregoing attached notice wee published in mald newspaper on the following date(s), to wit: July 29, 1988 I office. mm~t a f.~ · Commiisimm"will ~ all e ~q advir, abltl of gra~q said ~pecific Use Psmit and ab~ ~1! bear evidence in p~est of ~e granting of Kay ![rouse Subscribed and sworn to perore me this the c~tdey of , 19 ~2 _m to certify which witness my hand and seal of Notary p . ~ ff m ,~ County, Te co# INSERTION ORDER- INVOICE Advertise i Col.X 7 In.= "6 6 as T tah Charge To ew Ad ❑Pick-Up ❑With Changes Address Pick Up Ad From / Publication Date Page# City-State-Zip Sales Rep. Phone# Date Proof To Needed #Tears To: Layout Instructions To Comp Date Frequency Needed Of Tears Date&Time Order Written Authorized Comments: By Special ❑Section ❑ National 0 Inserts 0 Telemarket 0 No.Group :; Retai l- IIII,CIl;' 0 Color ❑Agency Le a> 0 Non-profit 0 So.Group h-� ❑ Combo 0 Coupon 0 Std.Card El 2-3 Paper Buy ❑RO-eition Requested El Reverse El Box Chg. 0 Political El Total Group i ❑ Y�"�Velox Other PUBLICATION CODES PJ -PLD.Journal Vr 0 Charge 0 Cash FJ -FWD.Journal NC Iler Cnty.NC PC -Pasadena Citizen CA -Cleveland Adv. GN: olden Nugget 0 Paid Ck.# SW -Southeast Weekly ES -Eastex Shopper H -Horse Merchant SAW-SE APT Weekly CC -Conroe Courier -Wheels 0 Credit Card CLC -Clear Lake Citizen OG -Observer Group jj G -Total Group EN -Exchange News HO -Humble Observer ;t'� NG -North Group Exp.Date Number AJ -Alvin Journal KO -Kingwood Observer„x'� SG -South Group PFJ -PLD-FWD Journal EO -E.Cnty.Observer;/ PG -Partial Group(2-3) Bill ❑ Contract ❑ Co-op Ty e Directf Indirect MFG# File Claim To: Cust.# P�3 P.O.# Invoice# "-' -N-'- i Sales Rep.# 3/ QTY. PUB PUB PUB TAG LINE TOTAL SALES CODE RATE AMOUNT CODE DATE DAY INCHES PF� q-I(, Fr; ORdisPeazinci '157 voids tcXlJ-35/ ' /o 0?(. (0 FOUNDERS NEWSPAPER GROUP TOTAL C2 6, 6,0 r."_y,�C AT GG~f Tom Reid. Mayor A. COO of p©©rrll©n o ( j7z) James E. Bost. Counalmember Dennis Frauenberger,Councilmember V 0 Richard Tetens.Councilmember Charles Mack, Councilmember Stella Roberts,Councilmember TEXpS P. O. Box 2068 • Peorlond, Texas 77588-2068 . 485-2411 Ronald J. Wicker, City Manager September 13, 1988 THE JOURNAL Pearland, Texas Re : Ordinance No. 509-12 Please publish the attached legal on the following date : September 16, 1988 Thank you. . 1/ Kay Krorzse City Secretary KK:pv Attachment e - ORDINANCE NO. 509-12 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509 , KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT A PUBLIC HIGH SCHOOL FACILITY IN AN R-2, RESIDENTIAL, ZONING DIS- TRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Any person, firm or corporation who violates or fails to comply with the requirements or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and shall , upon conviction by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1 ,000.00) , and each day such violation or failure to be in compliance shall exist shall be deemed to constitute a separate offense . PASSED and APPROVED ON FIRST READING this �j _ day of , A. D. , 1988. 4Yn Mayor ATTEST: C ty cretary PASSED and APPROVED ON SECOND AND FINAL READING this 772_, day of / �, .li A. D. , 1988. 1 Mayor ATTEST: City Sretary APPROVED AS TO FORM: Interim City Attorney VOTING RECORD (FIRST READING) SEPTEMBER 6, 1988 Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost & Wolff. Voting "No" - None Motion passed 5 - 0. VOTING RECORD (SECOND READING) SEPTEMBER 12, 1988 Voting "Aye" - Councilmembers Smith, Tetens, Roberts & Wolff. Voting "No" - None Absent: Councilmember Bost Motion passed 4 - 0. PUBLICATION DATE: SEPTEMBER 16, 1988 EFFECTIVE DATE: SEPTEMBER 26, 1988 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS.