Ord. 0246-089 10-24-83SAN
ORDINANCE NO. 246-89
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, CHRISTENSEN INVESTMENTS INCORPORATED, Agent for JOHN W. ABBOTT,
Trustee -Owner of the property, filed July 6, 1983, an application for amendment
pursuant to Article IV, Section 00-10 of the Land Use and Urban Development Ordi-
nance 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 19th day of July, 1983, 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 2nd day of August, 1983, 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 CHRISTENSEN INVESTMENTS INCORPORATED,
Agent for JOHN W. ABBOTT, Trustee -Owner, whereby they approved a change of
classification for the properties described in Exhibit "A", from their existing
classification of Pre -Development (PD) to Plan Approval (P/A - Townhouse Develop-
ment), as shown in Exhibit "B", Pages One, Two, and Three, attached; and
WHEREAS, upon receipt of the report of the Planning and Zoning Commission
the City Council thereafter gave notice of a public hearing to be held on Septem-
ber 12, 1983, 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 CHRISTENSEN
INVESTMENTS INCORPORATED, Agent for JOHN W. ABBOTT, Trustee -Owner, by the City
Council at its regular meeting held on September 12, 1983; and
WHEREAS, the City Council having fully heard the testimony and argument
of all interested parties, and having been fully advised in the premises, finds
that in the case of the application of CHRISTENSEN INVESTMENTS INCORPORATED, Agent
for JOHN W. ABBOTT, Trustee -Owner, 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:
The following described property located within
of the City of Pearland, Texas, recorded owner being JOHN
classified as Pre -Development District (PD) is hereby for
re-classified as Plan Approval (Townhouse Development) as
Pages One, Two, and Three, attached:
the corporate City Limits_
W. ABBOTT, and presently
all purposes changed and
shown on Exhibit "B",
Description of a 51.1908 acre (2,229,870 square foot) tract of land
located on the East 1/2 of the Northeast 1/4 of Section 15, H.T.&B.R.R.
Co. Survey, Abstract No. 241, being all of a called 12.12 acre tract as
recorded in Volume 1465, Page.943, Brazoria County Deed Records and a
portion of a called 67.88 acre tract as recorded in Volume 1223, Page
730, Brazoria County Deed Records, which includes a portion of the
right-of-way of Harkey Road (County Road 103) as occupied, fenced and
recognized, and a portion of F.M. Highway 518 in said Brazoria County,
Texas, and being more particularly described by metes and bounds as
follows (bearings are referenced to the West line of said 67.88 acre
tract, called North):
COMMENCING at the common Northeast corner of said Section 15, H.T.&B.R.R.
Co. Survey, and said 67.88 acre tract, being within the right-of-way of F.M. High-
way No. 518;
THENCE, SOUTH, along the common East line of said Section 15 and said 67.88
acre tract, at 84.35 feet passing the South right-of-way line of said FM 518 and con-
tinuing along the generally recognized center line of Harkey Road (County Road 103)
for a total distance of 552.43 feet to the POINT OF BEGINNING of the herein described
tract of land;
THENCE, SOUTH, continuing along the common East line of said Section 15 and
said 67.88 acre tract and along said centerline of said Harkey Road, a distance of
1488.08 feet to a point for the Northeast corner of a 12.12 acre Pearland Independent
School District tract as recorded in Volume 1465, Page 941 of the Brazoria County Deed
Records;
THENCE, WEST, along the North line of said 12.12 acre tract and a South line
of this tract, passing at 29.68 feet a 5/8-inch iron rod set in the West right-of-way
line of said Harkey Road as fenced, recognized and occupied and continuing for a total
distance of 880.00 feet to a 5/8-inch iron rod set for the Northwest corner of said
12.12 acre tract;
THENCE, SOUTH, along the West line of said 12.12 acre tract and an East line
of the herein described tract, a distance of 600.11 feet to a 5/8-inch iron rod set in
the North right-of-way line of County Road No. 91 and marking the Southwest corner of
said 12.12 acre Pearland Independent School District tract;
THENCE, S 89° 58' 35" W, along the North line of said County Road 91 and a
South line of this tract, passing at 415.37 feet, a 5/8-inch iron rod set in the high
bank of a drainage ditch, and continuing for a total distance of 440.37 feet to a
point for corner in the centerline of said drainage ditch and West line of the afore-
mentioned called 67.88 acre tract, said point marking the Southwest corner of the
herein described 54.9157 acre tract;
THENCE, NORTH, along the centerline of said drainage ditch and the common
West line of said 67.88 acre tract and this tract, a distance of 2089.51 feet to a point
for corner.
THENCE, S 89° 57' 02" E, along the North line of this tract, passing at
1289.37 feet the West right-of-way line of said Harkey Road (County Road 103) and con-
tinuing for a total distance of 1320.37 feet to the POINT OF BEGINNING of this 51.1908
acre tract of land which includes 1.0365 acres in the right-of-way of said Harkey Rd.
(50.1543 acres excluding said right-of-way).
-2-
II.
This re-classification is subject to the hereinafter stated subsequent
conditions. It being understood and agreed by the City and Christensen Investments,
Inc., that no building permits will be issued until the subsequent conditions have
been fully documented to -wit:
(1) The City will not be responsible for water and sewer facilities
outside of the public right-of-way;
(2) This Plan Approval will be subject to all of the private street
ordinances;
(3) The Restrictive Covenants, that will be filed along with the plat,
will provide for the maintenance of these lines after installation.
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.
IV.
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 erSh
A. D., 1983.
Mayor, City of Pearland, Texas
ATTEST:
i'ty Secretary /
PASSED AND APPROVED ON SECOND AND FINAL READING this
79a , A. D., 1983.
ATTEST:
City Secretary
APPROVED AS TO FORM:
day of
Mayor, City of Pearland, Texas
-3-
w>
LAND
EXHIBIT "A"
CITY Ur PLAKLAND
USE CHANGE APPLICATION
ZONING CHANGE REQUESTED
( )
Change in Regulations
Section
in
(X ) Change in Zone Class
From: Pre -Development (PD)
To: P/A
PROPERTY IDENTIFICATION
Street or Road Address:
Lot
BOARD OF ADJUSTMENT & APPEAL
( ) Variance Appeal
( ) Appeal from Interpretation
( ) Special Exception Use
For:
, Block Addition
SUBMITTAL INFORMATION
1. Must be professionally drawn
2. Minimum scale of 100' to inch.
3. North Arrow
4. Site Map attached
X
5. Tract Dimension X
x 6. Location, size, relationship
x of all existing structures to ,X
X Boundary lines
LEGAL DESCRIPTION
Describe from Deed Records, attach copy of Deed, and use metes and bounds description:
Platted Lane:
Unplatted Land: (Must have metes & bounds description)
50.154 Acres of Land being the Southerly portion of a 63.956 Acre Tract being a portion
of a 12.12 Acre Tract and a portion of a 67.88 Acre
Tract in Section No. 15 of the
H.T. & B. Railroad Company Survey, A-241, more particularly described by field notes
attached.
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Townhouse Development
RECORD OWNER:
John W. Abbott, Trustee
OWNER'S MAILING ADDRESS & PHONE NO.: 2020 Southwest Freeway, Suite 323
Houston, Texas 77098
NAME & ADDRESS OF MORTGAGEE, if any:
NONE
AGENT'S NAME Christensen Investments Incorporated
PHONE NO.: (713) 556-5331
AGENT'S MAILING ADDRESS:
800 Country Place, Houston, Texas 77079
PETITION As Owner/Agent, I
described request
Ordinances of the
SIGNATURE\N
ledc� sit Ownerl
hereby petition the City for approval of the above
as provided by the laws of the State of Texas and
City of Pearland.
SIGNATURE
AGENT
FEE: $
t°0
1G
DATE PAID: 7--6 -I3
QATE FILED: APPLICATION NO. MA
, FIG
-n
CO
ti
Cr P.O. BOX 1448
LEAF
' PUBLISHER AFFIDAVIT
State of Texas
County of Brazoria
EXHIBIT "C"
THE JOB
c
RNAL
FRIENDSWOOD, TEXAS 77546 482-2227
Personally appeared before me the undersigned,a notary public
within and for said county and state, Debra Shoots,Publisher of
the Journal,a newspaper published in Houston,County of Harris,
State of Texas,vhotbeing duly sworn,states on oath that the
report of City of•Pear.land a true copy of which
is hereto attached,was published in said newspaper in its issue
of twenty seventh day of August
Lix_c cf,(/‘14011151,----
Publisher
Sworn to and subscribed before me this twenty second
day of September 1983
Not.iry Public
` , JOURNA CLASSIFIED INSERTI ;N ORDER
❑ Tearsheets
❑Friends ■ Alvin
++nn��o dlPearland Weekend ❑•
Class �1�
•
7 / .
,
Ad Taker •lKl�
NAME
ADDRES
CITY
_
- Public Notice
C
BRPE CITY
HEARING
•HEARING BY THE Cln
COUNCILOF THE - -
CITY OF PEARLAND -
TEXAS •
,
Notice is hereby given that on the
12th day, of- September, 1983, at
7:30 p.m.. the City Council of the Ci-
ty Pearland, Brazoria and Harris
Counties,. Texas, under Docketed
Public Hearings. -will conduct a
Public Hearing in the Council Room,
City Hall, 2335 N. Texas Avenue,
Pearland, Texas, on the request of
Christensen Investments, Incor-
: porated. Agent for John W. Abbott,
-Trustee-0wner, for an amendment to..
:the Land: Use and Urban Develop
ment Ordinance of said City. from
o.., 7t
D stnct(PD) to Plan Approval(P+A
Townhouse. Development) on .the
following property town
50.154 Acres of Land being the
Southerly portion of a 63.956 Acre
Tract being a portion of a 12.12 Acre
Trace and a portion pt a 67.88 Acre
Tract in Section No. 15 0l the H.T. 8 -
11. Railroad Company Survey, A-241.
(Harkey Road Area)
At such time -and place as above
_slated, the City Council will hear all
• evidence concerning advisability of
amending said- Ordinance. and also
will hear all evidence in protest to
the amendment -of said Ordinance. -
&obi,L Cook
- „_: City Secretary,-
- - .
//_ (_G.
(O l0 mod"
TEL•
MONTH:
���
$12e'
1
2
3
4
6
7
8
Rate:
Words:
9
10
11
12
13
14
15
16
Times
Total-
17
18
19
20
21
22
23
24
P,O.##.•
25
26
28
29
30
31
Additional
Charges:
FndJPld.lWeekend
Alvin
White
Ad Originates:
Bookkeeping
- Bookkee in
Yellow -Production
Yellow•600kkee rn
P 9
White• Production
Picks up to•
Pink •File Copy
Pink • File Copy