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Ord. 0887 12-14-98ORDINANCE NO. 887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A GENERAL LAND USE PLAN FOR PROPERTY TO THE WEST OF STATE HIGHWAY 288, TO THE EAST OF FARM TO MARKET ROAD 521, TO THE NORTH OF COUNTY ROAD 92, AND TO THE SOUTH OF CLEAR CREEK, FOR A DEVELOPMENT KNOWN AS SHADOW CREEK RANCH; CONTAINING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 211 of the Local Government Code authorizes the City to regulate land use for the purpose of promoting public health, safety, morals, and the general welfare of the City; and WHEREAS, Shadow Creek Ranch Development Company, Limited Partnership, is requesting that the City adopt a general land use plan for the property depicted in Exhibit "A" attached hereto and made a part hereof for all purposes; and WHEREAS, on the 9th day of November, 1998, a joint public hearing was held before the Planning & Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City as required by law; and WHEREAS, it is the desire of the City to manage through a general land use plan the property depicted in Exhibit "A" in order to promote health and general welfare; prevent the overcrowding of land; and facilitate the adequate provision of transportation, water, sewers, and other public requirements; and WHEREAS, the City Council, having fully heard the testimony and argument of all interested parties, and having been fully advised of the premises, finds that the general land use plan for the Shadow Creek Ranch Development should be adopted as a legitimate tool for managing land use; now, therefore, 1 ORDINANCE NO. 887 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The General Land Use Plan depicted in Exhibit "A", in order to promote health and general welfare; prevent the overcrowding of land; and facilitate the adequate provision of transportation, water, sewers, and other public requirements, is hereby adopted. Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable 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. Section 4. Effective Date. This Ordinance shall become effective upon passage and approval of its second reading. PASSED and APPROVED ON FIRST READING this the r° day of fAD\R Orjt , A. D., 1998. • ETARY TOM REID MAYOR 2 ORDINANCE NO. 887 4. PASSED�and APPROVED ON SECOND AND FINAL READING this the L� day of h.CQ,jr het , A. D., 1998. ATTEST: APPROVED AS TO FORM: M,C4 DARRIN M. COKER CITY ATTORNEY ofniGn€4211 TOM REID MAYOR 3 9 November 1998 Mayor and City Councilmembers City Hall Pearland, Texas 77581 The above referenced application was reviewed by the Planning and Zoning Commission at a regular meeting on Monday, November 9, 1998. The owner requested acceptance of the General Land Use Plan on the following described property, to wit: Owner: Shadow Creek Ranch Development Co., L.P. Agent: Knudson & Associates 8588 Katy Freeway, Suite 441 Houston, Texas 77024 Legal Description: Being 3559 acres of land, more or less, located in the Dupuy and Roberts Survey, A-726, Brazoria Co.; J. Crawley Survey, A-174, Brazoria, Co; William Morris Survey, A-344, Brazoria Co.,; T. C. R. R. Co. Survey, Sect. 3, A-678, Brazoria Co.; T. C. R. R. Co. Survey, Sect. 4 (John W. Maxcy), A-675. Brazoria Co., Obediah Pitts Survey, A-717, Brazoria Co.; HT & B RR Co. Survey, Sect 80 (J. S. Talmage), A-564, Brazoria Co.; HT & B RR Co. Survey, Sect. 81, A-300, Brazoria Co.;HT & B RR Co. Survey, Stect.82, (J. S. Talmage), A-565, Brazoria Co.;HT & B RR Co. Survey, Sect. 83, A-305 in Brazoria Co. and A- 761 in Fort Bend County; HT & B RR Co. Survey, Sect. 84 ( R.B. Lyle), A-538 in Brazoria, Co. And A-767 in Fort Bend Co.; S. G. Haynie Survey, A-212 in Brazoria Co and A-620 in Fort Bend Co.; Franklin Hooper Survey, A-198, Fort Bend Co.; George W. McDonald Survey, A-577, Fort Bend Co.; I.C. Stafford Survey, A-668, Fort Bend Co. And the H. Levering Survey, A-279, Fort Bend Co., TX; The motion was made by Commissioner Pat Lopez and seconded by Commissioner Emil Beltz to approve the General Land Use Plan request listed above. The motion to approve passed unanimously (4-0). Please read this information into the official records of the City of Pearland and provide a written copy to the City Secretary for the same purpose. Sincerely, Tommy Scott, Vice -Chairperson Planning & Zoning Commission City of Pearland