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Ord. 0246-091 05-14-84ORDINANCE N0. 246-91 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0. 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, WOODROW LESIKER, Agent for WHEATON COLLEGE, Owners of the prop- erty, filed February 21, 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 6th day of March, 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 8th day of March, 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 WOODROW LESIKER, Agent for WHEATON COLLEGE, Owners of the property, whereby they recommended and approved a change of classification for the properties described in Exhibit "A" from its existing classification of Planned Unit (PU) to Medium Density Single Family Dwelling District (R-2); 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 April 9, 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 WOODROW LESIKER, Agent for WHEATON COLLEGE, Owners of the property, by the City Council at its regular meeting held on April 9, 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 WOODROW LESIKER, Agent for WHEATON COLLEGE, Owners 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 owners being WHEATON COLLEGE, 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): A 109.1788 acre tract of land being Lots 8, 9, and 10 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, according to the Map or Plat thereof recorded in Volume 79, Page 616 of the Deed Re- cords of Brazoria County, Texas, and Lots 3 through 10 of the S.W. Narregang Subdivision of 320 acres in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas, according to the Map or Plat thereof recorded in Volume.1, Page 92 of the Plat Records of Brazoria County, Texas; said 109.1788 acre tract being more particularly described as follows: BEGINNING at a 1/2 inch iron rod in the northwest right of way line of Dixie Farm Road, which bears N 44° 59' 01" W a distance of 25.00 feet from the south corner of Lot 8 of the George W. Jenkins Subdivision; THENCE N 44° 59' 01" W along the southwest line of said Lot 8, a distance of 1001.67 feet to a 1/2 inch iron rod for corner, said rod being in the northwest line of the Jenkins Subdivision and the southeast line of the Narregang Subdivision; THENCE S 44° 59' 30" W along the southeast line of the Narregang Sub- division, a distance of 898.10 feet to a 1/2 inch iron rod for corner, also being the south corner of Lot 10 of the Narregang Subdivision; THENCE N 45° 00' 30" W along the southwest line of said Lot 10, a distance of 1041.00 feet to a 1/2 inch iron rod for corner, also being the west corner of said Lot 10; THENCE N 44° 59' 30" E along the northwest line of Lots 10 through 3 of the Narregang Subdivision, a distance of 3344.00 feet to a 1/2 inch iron rod for corner being the north corner of said Lot 3 and also being in Mary's Creek (new channel); THENCE S 45° 00' 30" E along the northeast line of said Lot 3 and the center- line of Mary's Creek (new channel), a distance of 1041.00 feet to a 1/2 inch iron rod for corner also being the east corner of said Lot 3 and being in the southeast line of the Narregang Subdivision and the northwest line of the Jenkins Subdivision; THENCE S 44° 59' 30" W along the Southeast line of the Narregang Subdivision and the northwest line of the Jenkins Subdivision, a distance of 1173.30 feet to a 1/2 inch iron rod for corner being the north corner of Lot 10 of the Jenkins Sub- division; THENCE S 44° 59' 01" E along the northeast line of said Lot 10, a distance of 1001.67 feet to a 1/2 inch iron rod for corner in the northwest right of way line of Dixie Farm Road; THENCE S 44° 59' 30" W along the northwest right of way line of Dixie Farm Road, a distance of 1272.60 feet to the PLACE OF BEGINNING and containing 109.1788 acres of land. 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 ot3 day of A. D., 1984. v-/ ity ecretary ent Mayor, City of Pearland, Texas PASSED and APPROVED ON SECOND and FINAL READING this day of , A. D., 1984. t.. CL-410 Mayor, City of earland, Texas ATTEST: ‘;---Z ty Secretary// APPROVED AS TO FORM: City Attorney - EXHIBIT "A" LAND ZONING CHANGE REQUESTED ( ) Change in Regulations in Section ( x) Change in Zone Class" From: pt7 To: R-2 PROPERTY IDENTIFICATION Street or Road Address: CITY OF PEARLAND USE CHANGE APPLICATION BOARD OF ADJUSTMENT & APPEAL Variance Appeal Appeal from Interpretation Special Exception Use 8,9. and 10 S.W. Jenkins Subdivision Lot3 _through_1D Block Addition S.W. Narregangs Subdivision 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 of all existing structures to Boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Platted Lane: See attached sketch. Deed, and use metes and bounds description: Unplatted Land: Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: residential development RECORD OWNER: Wheaton College OWNER'S MAILING ADDRESS & PHONE NO.:Wheaton College, Wheaton illinios Mr. Woodrow Lesiker P.O. Box 443, Pearland Tx 77581 NAME & ADDRESS OF MORTGAGEE, if any: Mrj. Woodrow Lesiker AGENT'S NAME:pearland Real Estate, Inc. Coi. PHONE NO.: 485-5422 AGENT'S MAILING ADDRESS: P.O. Box 443, Pearland, Tx 77581 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 of the City of Pearland. SIGNATURE oa SIGNATUREyi`'G.Tfi7G �,,46, Owner AGENT FEE: $ a00 DATE FILED: c —ca /—g t APPLICATION No. /a 7 DATE PAID: G?-a)-e7 • EXHIBIT "B" THE JOURNAL P.O. BOX 1448 FRIENDSWOOD. TEXAS 77546 482.2222 . PUBLISHER AFFIDAVIT State of Texas County of Brasoria Personallyappearedbefore me the underaigned,a notary public within and for said county and state, Debra Shoot;Publisher of the Journal.* newspaper published in Houston,County of Harris, State of Texas,trhotbeingdiny sworn,etates on oath that the report of City of Paarjand a true copy of which is hereto attached,was published in said,pewepaper in its issue of ---:w_ day of March, 1984 • • Publisher Sworn to and subscribed before me this 1) day of April. 1984 • INSERTI^'' ^ti^g-an NOTICE OF A- - PUBLIC) HEARING BY THE CITY COUNCIL OF THE -CITY -OP' PEARLAND, TEXAS. 5,;:__ . - Nobcetshereby,gweirthit `. on the 9th day ofApril; 1984 at 7:30 p.m: the City Councit of 'the- . Cityof Pearland, Brazoria and Ha:is Counties, Texas,. lundr• Docketed Public Hearirvs, will conduct a Public I.earing • in- the Council Riom, City Hall, 2335- N. !Texas Avenue, Pearland. Texas, on - the request of Woodrow Lesiker, Agent for Wheaton College, Owners, for an amendment to the Land Use and Urban Development Ordinance of saki City from classification l l 0 0 Punned Unit (PU) to Medium Density Single Family Swelling District (R-2) on the following described property; 110 Acres, (more or less, being Lots 3 through.10 of the S.W. Narregang - Sub- division of the-$outhwesl320 acres of the lower middle V. of the W.D.C.- Hall League, Abstract 70, according to the Imap or plat thereof recorded in Volume 1, Page 92,of the Plat Records of Brazoria County, Texas. (Northwest of Dixie Farm Road). At such time and place as above stated, the City n Council will hear all evidence concerning advisability of amending said Ordinance, and also will ; hear all evidence in protest to the amendment of said Or- dinance. = —'-Dorothy L. Cook City Secretary