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Ord. 0246-103 01-28-85ORDINANCE NO. 246-103 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE • NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, BEAU -BAY DEVELOPMENT CORPORATION, Agent for FIRST CITY NATIONAL BANK, Trustee For ADELE S. MICHAEL TRUST, Owner of the property, filed November 8, 1984, an application for amendment pursuant to Article IV, Section 00-10 of the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use all as provided for in Section 00-10, 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 amended by letter on November 21, 1984,(Exhibit "B"); and WHEREAS, on the 20th day of November, 1984, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, all in accordance with the provisions of Article IV, Section 10-2 (4) and (5) of Ordinance No. 246; and WHEREAS, on the 26th day of November, 1984, the Planning and Zoning Commis- sion of the City submitted their report and recommendation to the City Council re- garding the proposed amendment application of BEAU -BAY DEVELOPMENT CORPORATION, Agent for FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, Owner of the property, whereby they recommended and approved a change of classification for the property described in Exhibit "A", and amended by letter on November 21, 1984 , (Exhibit "B") from its existing classification of Planned Unit (PU) to: .Plan Approval -_Single Family Dwelling District (Exhibit "C") on 27.013 acres; Multi -Family Dwelling District on 5:66 acres; General Business on 4.698 acres; and WHEREAS, upon receipt of the report from the Planning and Zoning. Commission, the City Council thereafter gave notice of a public hearing to be held on December 17, 1984, by publication in the official newspaper of the City, the affidavit of publi- cation being attached hereto and made a part hereof for all purposes, as Exhibit "D", said call and notice being in strict conformity with the provisions of Article IV, Section 10-2 (6) of Ordinance No. 246; and WHEREAS, a public hearing was held on the application of BEAU -BAY DEVELOPMENT CORPORATION, Agent for FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, Owner of the property, by the City Council at its regular meeting held on December 17, 1984; 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 BEAU -BAY DEVELOPMENT CORPORATION, Agent for FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, -Owner of the property, facts were presented which, in the judgment of the City wculd justify the approval cf said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. (A) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as PA (Plan Approval - Single Family Dwelling District), as shown in Exhibit "C" attached hereto: 27.013 acres of land located in the NE 1/4 of the NSW 1/4 of Section 12, H. T. & B. R. R. Co. Survey, A-508, Brazoria County, Texas and being more particularly described as follows: COMMENCING at the point of intersection of the South right-of-way line of Magnolia Road and the West right-of-way line of Pearland Sites Road; THENCE, West; coincident with the existing South right-of-way line of Magnolia Road; a distance of 690.90 feet to the POINT OF BEGINNING. THENCE, S 0° 00' 51" E a distance of 521.95 feet to a point for corner. THENCE, N 89° 59' 09" E a distance of 911.85 feet to a point for corner on the West right-of-way line of Pearland Sites Road. THENCE, in a Southerly direction; coincident with the West right-of-way line of Pearlan$ Sites Road; following a curve to the right, said curve having a central angle of 0 26' 53" and a radius of 469.79 feet; for an arc distance of 3.67 feet to a Point for Tangency. THENCE, S 00 09' 55" W; coincident with the West right-of-way line of Pearland Lites Road; a distance of 762.33 feet to the Southeast corner of this 27.013 acre tract. THENCE, S 89° 59' 09" W a distance of 1280.04 feet to the Southwest corner of this 27.013 acre tract. THENCE, N 0° 06' 02" W a distance of 1288.04 feet to the Northwest corner of this 27.013 acre tract. THENCE, East; coincident with the South right-of-way line of Magnolia Road; a distance of 372.94 feet to the POINT OF BEGINNING. (B) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as MF (Multi -Family): 5.660 acres of land located in the NE 1/4 of the NW 1/4 Section 12, H. T. & B. R. R. Co. Survey, A-508, Brazoria County, Texas and being more particularly described as follows: COMMENCING at the point of intersection of the South right-of-way line of Magnolia Road and the West right-of-way line of Pearland Sites Road. THENCE, West; coincident with the South right-of-way line of Magnolia Road; a distance of 354.90 feet to the POINT OF BEGINNING. THENCE, S 0° 00' 51" E a distance of 257.13 feet to a point for corner. THENCE, N 89° 59' 09" E a distance of 200.36 feet to a point for corner. THENCE, S 31° 21' 58" E a distance of 193.16 feet to a point for corner. THENCE, S 0° 00' 51" E a distance of 99.19 feet to the Southeast corner of this 5.660 acre tract. -2- THENCE,S 89° 59' 09" W a distance of 636.85 feet to the Southwest corner of this 5.660 acre tract. THENCE, N 0° 00' 51" W a distance of 521.95 feet to the Northwest corner of this 5.660 acre tract. THENCE, East; coincident with the South right-of-way line of Magnolia Road; a distance of 336.00 feet to the POINT OF BEGINNING. (C) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being FIRST CITY NATIONAL BANK, Trustee for ADELE S. MICHAEL TRUST, and presently classified as PL' (Planned Unit) is hereby for all purposes changed and re-classified as GB (General Business): (1) 4.165 acres of land located in the NE 1/4 of the NW 1/4 of Section 12, H. T. & B. R. R. Co. Survey, A-508, Brazoria County, Texas and being more particularly described as follows: BEGINNING at the Northeast corner of this 4.165 acre tract; said corner being the intersection point between the existing South right-of-way line of Magnolia Road and the existing West right-of-way line of Pearland Sites Road. THENCE, in a Southeasterly direction, coincident with the existing West right-of-way line of Pearlang Sites Road; following a curve to the left, said curve having a central angle of 12 52' 49" and a radius of 637.40 feet; for an arc distance of 143.29 feet to a Point of Tangency. THENCE, S 31° 21' 58" E; continuing coincident with the existing West right-of-way line of Pearland Sites Road; a distance of 177.09 feet to a Point of Curve. THENCE, in a Southeasterly direction, continuing coincident with the existing West right-of-way line of Pearland Sites Road; following a curve to the right, said curve having a central angle of 30 55' 05" and a radius of 469.79 feet; an arc distance of 253.51 feet to the Southeast corner of this 4.165 acre tract. THENCE, S 89° 59' 09" W a distance of 275.00 feet to a point for corner. THENCE, N 0° 00' 51" W a distance of 99.19 feet to a point for corner. THENCE, N 31° 21' 58" W a distance of 193.16 feet to a point for corner. THENCE, S 89° 59' 09"-W a distance of 200.36 feet to a point for corner. THENCE, W 0° 00' 51" W a distance of 257.73 feet to the Northwest corner of this 4.165 acre tract. THENCE, East; coincident with the existing South right-of-way line of Road; a distance of 354.90 feet to the POINT OF BEGINNING. (2) 0.5530 acres of land located in the NE 1/4 of the NW 1/4 of Section 12, H. T. & B. R. R. Company Survey, A-508, Brazoria County, Texas; and being more particularly described as follows: BEGINNING at a point in the South right-of-way line of an existing road and the West line of a 40.00 foot platted road. Said beginning point bears South 32.27 feet and West 20.00 feet from the Northeast corner of the 39.9695 acre tract (called 40.00 acres) being the NE 1/4 of the NW 1/4 of Section 12, H. T. & B. R. R. Co. Survey, A-508, Brazoria County, Texas. THENCE, South along the West line of said 40.00 foot platted road a distance of 288.02 feet to a point for corner in the Easterly right-of-way line of an existing road. THENCE, Northwesterly along said Easterly right-of-way line with a curve to the left a distance of 49.72 feet to the P.C. of said curve. Said curve has a central angle of 31 21' 5S" and a radius of 539.79 feet. Magnolia -3- THENCE, North 31" 21' 58" West a distance of 177.09 feet to the beginning of a curve to the right. THENCE, Northeasterly along said curve to the right a distance of 103.97 feet to a point for corner in the South right-of-way line of an existing road. THENCE, along said South right-of-way line a distance of 155.80 feet pass a 1/2 inch iron rod a total distance of 161.77 feet to the POINT OF BEGINNING. II. 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 00-5 of Ordinance No. 246, and consistent with the approval herein granted for the re-classification of the hereinabove described property. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED and APPROVED on FIRST READING this /$0`day of A. D., 1985. ATTEST: Mayor, City of Pearland, Texas PASSED and APPROVED on SECOND and FINAL READING this 0Zf day of u<1 , A. D. , 1985. ATTEST: Cit Secret APPROVED AS TO FORM: City Attorney Mayor, City of Pearland, Texas -4-