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Ord. 0246-096 09-10-84
ORDINANCE NO. 246-96 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, JAMES BARNETT, Agent for W. J. MADDEN, Owner of the property, filed April 11, 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 May 30, 1984, (Exhibit "B"); and WHEREAS, on the 1st day of May, 1984, a public hearing was held before the Planning and Zoning Commission of the City of Pearland, Texas, all in accor- dance with the provisions of Article IV, Section 10-2 (4) and (5) of Ordinance No. 246; and WHEREAS, on the 7th day of May, 1984, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of JAMES BARNETT, Agent for W. J. MADDEN, Owner of the property, whereby they disapproved a change of classification for the property described in Exhibit "A", and amended by letter on May 30, 1984, (Exhibit "B") from its existing classification of Planned Unit (PU) to Commercial (C) and General Residence (GR); and 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 May 30, 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 "C", 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 JAMES BARNETT, Agent for W. J. MADDEN, Owner of the property, by the City Council at its regular meeting held on May 30, 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 amended application of JAMES BARNETT, Agent for W. J. MADDEN, Owner of the property, facts were presented which, in the judgment of the City would justify the approval of said amended application, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: (A) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being W. J. MADDEN, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as GB (General Business): A 2.9713 acre tract of land being part of Lot 20 and all of Lots 21 and 22 of the George W. Jenkins Subdivision, James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 20 of the Brazoria County Plat Records: BEGINNING at an iron rod in the northerly right-of-way line of F.M. Highway No. 518, said iron rod located S 59 degs. 36 mins. 42 secs. E 347.56 feet from the west corner of Lot 16 of said George W. Jenkins Subdivision; THENCE N 45 degs. 35 mins. 04 secs. E 448.85 feet to a point in the center- line of Mary's Creek; THENCE downstream along the centerline of Mary's Creek as follows: N 83 degs. 34 mins. 06 secs. E 78.53 feet S 78 degs. 16 mins. 35 secs. E 120.53 feet S 17 degs. 00 mins. 13 secs. E 42.96 feet S 42 degs. 33 mins. 36 secs. E 70.14 feet THENCE S 45 degs. 35 mins. 04 secs. W 486.14 feet to an iron rod in the northerly right-of-way line of F.M. Highway No. 518; THENCE N 59 degs. 36 mins. 42 secs. W 265.96 feet along the northerly right-of-way line of F.M. Highway No. 518 to the point of beginning and containing 129,428 square feet or 2.9713 acres of land. (B) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owner being W. J. MADDEN, and presently classified as PU (Planned Unit) is hereby for all purposes changed and re-classified as GR (General Residence): A 17.387 acre tract of land being all of Lot 24 and Part of Lot 16, of the George W. Jenkins Subdivision located in the James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, according to the map as recorded in Volume 2, Page 20 of the Brazoria County Plat Records and also being part of Lot F, Hoidale and Coffman Subdivision, James T. Perry and Emily Austin League, Abstract No. 111, Brazoria County, Texas, according to the plat as recorded in Volume 2, Page 3 of the Brazoria County Plat Records: BEGINNING at an iron rod at the most Easterly corner of Lot 24 of the Jenkins Subdivision. corner; corner; THENCE South 44° 50' 42" West, a distance of 660.07 feet to an iron rod for THENCE North 73° 19' 03" West, a distance of 112.54 feet to an iron rod for THENCE South 45° 35' of Mary's Creek; Creek: 04" West, a distance of 210.50 feet to the centerline THENCE the following courses and distances along the centerline of Mary's -2- corner in curvature feet to a corner; corner; corner; corner; corner; North 42° 33' 36" West, a distance of 70.14 feet, North 17° 00' 18" West, a distance of 42.96 feet, North 78° 16' 35" West, a distance of 120.53 feet, North 83° 35' 19" West, a distance of 78.53 feet THENCE North 06° 44' 49" West, a the proposed North line of a 120 THENCE North 86° 55' 00" West, a of a curve to the Right; THENCE along said curve having a radius of 135 feet a distance of 137.68 point for corner; THENCE North 45° 35' 04" East a distance of 353.33 feet to a point for THENCE North 37° 00' 11" East, a distance of 54.96 feet to a point for THENCE North 45° 35' 04" East, a distance of 830.00 feet to a point for THENCE South 44° 37' 39" East, a distance of 67.91 feet to a point for THENCE South 44° 50' 38" West, a distance of 22.83 feet to a point for THENCE South 44° 46' 58" East, a distance of 683.00 feet to the PLACE OF BEGINNING. distance of 66.09 feet to a point for foot drainage easement; distance of 292.61 feet to a point of II The City Secretary is hereby directed to cause to be prepared an amend- ment 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. III This Ordinance shall become effective after its passage and approval on second and final reading. PASSED and APPROVED ON FIRST READING this ,y day of 0___./ A. D., 1984. ATTEST: G `-City Secretary PASSED and APPROVED ON SECOND , A. D., 1984. ATTEST: ty Secretary APPROVED AS TOttORM: //- nit1c Li Mayor, City of Pearland, Texas VOTING RECORD: "Aye": Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz "No": None AND FINAL READING this 7p day of a%'yC Mayor, City of Pearland, Texas VOTING RECORD: "Aye": Councilman Gray, Councilman Bost, Council- man Frauenberger, Councilman Mack and Councilman Lentz "No": None tMM1511 -A- CITY OF PEARLAND LAND USE ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (J) Change in Zone Class From: Q Lk To: G R CoMWteretZk PROPERTY IDENTIFICATION Street or Road Address: CHANGE APPLICATION BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: East Broadway (FM 518) Lot , Block Addition SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to..inch 3. North Arrow 4. Site Map attached 5. Tract Dimension 6. Location, size, relationship x of all existing structures to Boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Platted Lane: See attached Unplatted Land: Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: 2.9713 acre tract - from PU to Commercial 20.8355 acre tract - from PU to General Residence (GR) RECORD OWNER: W. J. Madden OWNER'S MAILING ADDRESS & PHONE NO.: eeid." = 5s0a�S NAME & ADDRESS OF MORTGAGEE, if any: AGENT'S NAME: 2:i1,z s' SrJ,;'i. PHONE NO.: L/ 5 90 / AGENT'S MAILING ADDRESS: 7?c, . ,/1',aE, �`_.�aa �-. 7 2 PETITION 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 Ordinances °lithe tt/of,Pearland. J SIGNATURE `Owner SIGNATURE k AGENT FEE: $ JFl. c v DATE FILED: 7/- ti APPLICATION NO. %% / DATE PAID: 2/—// f�� EXHIBIT "B" CON of P©©ffll©S P. O. Box 1157 • Pearlend, Texos 77581 • 485-2411 May 30, 1984 STATE OF TEXAS COUNTY OF BRAZORIA CITY OF PEARLAND Please amend Application No. 131, James Barnett, Agent fort J. Madden, Owner as follows: 2.9173 acres from PU to General Business 17.387 acres from PU to General Residence Remaining acreage to remain PU. Tom Red Mayor Charles R. Mack Mayor At Tern Al Lentz, Councilman Terry Gray. Councilmen James E. Bost. Councilmen Dennis Frouenberger. Councilman Ronald 1. Wicker. City Manager CeZ,„„eirerAgent 147}17- Sworn to and subscribed before me by the said James Barnett, Agent and W. J. Madden, Owner, this the i ,3‘4 day of %, r,..c to certify which witness my hand and seal of office. Owner- , A. D. 1984 i /� ( l�C'a.: 7 _ J"2LFr2y./ Notary Public in and for the State of Texas. THE JOURNAL PUBLISHER AFFIDAVIT State of Texas, County of Brazoria Frlendewood 317 Friendawood Drive Friendawood, TX 77546 482-2222 Pearland 3419 E Broadway, Suite F Pe-aTand,TX 77581 485.2785 Alvin 2002 South Gordon Alvin -TX 77511 331.9074 Personally appeared before me the undersigned, a notary public within and for said county and state, Ken Carr, Publisher of the Journal, a newspaper published in Houston, oCCounty unty ofaf Hat rris, State of Texas, who, being duly of which e report of r;t�r e�la„f P ^ a true copy sai is hereto attached, was publishedafln Maya 1984paper in its issue of llth Pub Sworn to and subscribed before me this 21 /% day of May, 1984 Ndtary Public in and for/the - - 1 I v ➢ 0000mC mD 0=moS --oOl,ca -4 nmu > vmo3iAZz ci0g,9 coz0 6 °c _m-Gl. �o _mo "om. .. 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