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Ord. 0246-102 01-28-85ORDINANCE NO. 246-102 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMiENDIING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOP. AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, THOMAS OFFENBURGER, Agent for METRO FINANCIAL CORPORATION, JAMES E. HINTON, Owner of the property, filed November 1, 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 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 regarding the proposed amendment application of THOMAS OFFENBURGER, Agent for METRO FINANCIAL CORPORATION, JAMES E. HINTON, Owner of the property, whereby they recom- mended and approved a change of classification for the property described in Exhibit "A" from its existing classification of Planned Unit (PU) to R-2, Medium Density Single Family Dwelling District. WHEREAS, upon receipt of the report from the Planning and Zoning Commis- sion, 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 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 Article IV, Section 10-2 (6) of Ordinance No. 246; and WHEREAS, a public hearing was held on the application of THOMAS OFFENBURGER, Agent for METRO FINANCIAL CORPORATION, JAMES E. HINTON, 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 THOMAS OFFENBURGER, Agent for METRO FINANCIAL CORPORATION, JAMES E. HINTON, Owner of the property, facts were presented which, in the judgment of the City would justify the approval of said application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being METRO FINANCIAL CORPORATION, JAMES E. HINTON, Owner, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as R-2, Medium Density Single Family Dwelling District: 25.0540 acres of land out of a 32.7997 acre tract, said 32.7997 acre tract being a residue tract of a 124.1612 acre tract of land out of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, said 124.1612 acre tract being that certain tract of land conveyed to Metro Financial Corporation by deed recorded in Volume 1144, Page 380 et seq., of the Deed Records of Brazoria County, Texas, said 25.0540 acre tract also being part of Lots 3 and 24 of the O.W. Willitts Subdivision as recorded in Volume 3, Page 65 of the Plat Records of Brazoria County, Texas, and part of Tract "A" of Field Village (being a replat of part of Lots 3 and 24 of said 0.W. Willitts Subdivision), as recorded in Volume 11, Pages 9 and 10 of the Plat Records of Brazoria County, Texas, said 25.0540 acre tract being more particularly described by metes and bounds as follows:' COMMENCING at a 5/8 inch iron rod for the intersection of the north line of F.M. 518 (100 foot right-of-way) and the west line of Woodcreek Drive (70 foot right- of-way) as per the recorded plat of Woodcreek Section One, as recorded in Volume 14, Pages 29 and 30 of the Plat Records of Brazoria County, Texas; THENCE North 02° 34' 19" West, along said west line of Woodcreek Drive, a distance of 313.17 feet to the PLACE OF BEGINNING of the herein described tract of land, said point also being at the intersection of said west line of Woodcreek Drive and the centerline of Mary's Creek; THENCE in a southwesterly direction, along said proposed centerline of Mary's Creek, the following calls: North 89° 59' 57" West, 670.18 feet, Southwesterly along a curve to the left having the following data: Central angle Arc length Radius Chord bearing Chord distance = 33° 22' 05" 174.71 feet 300.00 feet = South 73 19' 01" West = 172.26 feet South 56° 37' 59" West, 366.60 feet, Southwesterly along a curve to the right having the following date: Central angle = 14° 15' 31" Arc length = 74.66 feet Radius = 300.00 feet Chord bearing = South 63 45' 44" West Chord distance = 74.74 feet to a point for corner, said point being in a southwest line of said 124.1612 acre tract, and a northeast line of a 6.854 acre tract conveyed to Ted W. Joslyn by deed recorded in Volume 1722, Page 627, et seq., of the Deed Records of Brazoria County, Texas; THENCE North 45° 08' 06" West, along a common line of said 124.1612 acre and 6.854 acre tracts, a distance of 288.64 feet to an angle point; THENCE North 45° 40' 37" West, continuing along a common line of said 124.1612 acre and 6.854 acre tracts, a distance of 515.20 feet to a point for the most westerly corner of said 6.854 acre tract; THENCE North 44° 41' 19" East, along the northwest line of said 124.1612 acre tract, at a distance of 844.87 feet to a point for corner; THENCE South 01° 47' 47" East, at 5.18 feet passing the most northerly south- west corner of a Replat of Woodcreek Addition, Section Two -A, as recorded in Volume 15, Pages 141 and 142 of the Plat Records of Brazoria County, Texas, and continuing along the most westerly line of said Replat of Woodcreek Addition, Section Two -A, in all a total distance of 345.18 feet to a point for corner, said point also being the -most southerly southwest corner of said subdivision and of Lot 1, Block 17, of said subdivision; -2- THENCE North 88° 12' 13" East, along the most southerly line of said Replat of Woodcreek Addition, Section Two -A, a distance of 170.00 feet to a point for corner; THENCE North 01° 47' 47" West, a distance of 28.36 feet to a point for corner, said corner being the southwest corner of Lot 1, Block 16, of said Replat of Woodcreek Addition, Section Two -A; THENCE North 88° 12' 13" East, along the most northerly south line of said Replat of Woodcreek Addition, Section Two -A, a distance of 990.00 feet to a point for corner, said corner being the southeast corner of said Block 16 and said subdivision, and said corner also being the the west line of said Woodcreek Drive; THENCE in a southerly direction, along aaid west line of Woodcreek Drive, with a curve to the left, having 8 central angle of 18 13' 08", a radius of 182.46 feet, and a chord bearing South 06 32' 15" West, a distance of 57.77 feet, an arc distance of 58.02 feet to a point of tangency; THENCE South 02° 34' 19" East, along said west line of Woodcreek Drive, a distance of 543.09 feet to the PLACE 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 / 4tday of A.D., 1985. ATTEST: City Sec taffy -3- Mayor, City of Pearland, Texas ATTEST: PASSED and APPROVED ON SECOND AND FINAL READING this ,2P day of r^n, w,ts-mot_ , A. D., 1985. 1/411 ity Secretary APPROVED AS TO FORM: City Attorney -4- ty of Pearland, Texas