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Ord. 0246-081 01-10-82ORDINANCE NO. 246-81 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, BAZEL E. CROWE, Agent for LINN EIGNUS, Owner of the property, filed September 20, 1982, 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 5th day of October, 1982, 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 8th day of October, 1982, 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 BAZEL E. CROWE, Agent for LINN EIGNUS, Owner of the property, whereby they recommended and approved a change of classifica- tion for the properties described in Exhibit "A" from its existing classification of Planned Unit (PU) to General Residence Dwelling District (GR); 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 November 8, 1982, 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 "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 BAZEL E. CROWE, Agent for LINN EIGNUS, Owner of the property, by the City Council at its regular meeting held on November 8, 1982; and WHEREAS, the City Council have 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 BAZEL E. CROWE, Agent for LINN EIGNUS, Owner of the prop- erty, 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 LINN EIGNUS, and presently classified as Planned Unit is hereby for all purposes changed and re-classified as General Residence Dwelling District: 3.47 acres of land, more or less, out of the 86.862 Eignus tract of land out of the Perry and Austin League in Brazoria and Galveston Counties, Texas, said 3.47 acres being more particularly described by metes and bounds as follows: COMMENCING for reference at a railroad spike found to be the center of Chester Drive, (60 foot wide), and lying in the west right-of-way line of F.M. 2351; THENCE North 44° 59' 05" East, with the said right-of-way line, a distance of 276.85 feet to an Iron Rod found for corner, same being the Southwest Corner of the aforementioned 86.862 Acre Eignus tract; THENCE North 44° 59' 05" East, a distance of 418.22 feet to a 1" Iron Post found for corner, same being the Southeast Corner of the aforementioned 86.862 Acre tract; THENCE North 45° 00' 01" West, a distance of 4734.74 feet to a point for corner, same being the POINT OF BEGINNING of the tract herein described, and on the City limits line of Pearland; THENCE Continuing North 45° 00' 01" West, a distance of 550 feet to a 1/2 Inch Iron Rod found for corner, same being the Northeast Corner of the aforementioned 86.862 Acre Tract; THENCE South 45° 00' 00" West, a distance of 550 feet to a point for corner; THENCE North 90° 00' 00" East, a distance of 777.82 feet to the POINT OF BEGINNING and containing 3.47 Acres of land, more or less. 2.1401 acres of land, more or less, out of the 86.862 Eignus tract of land, out of the Perry and Austin Leagues in Brazoria and Gal- veston Counties, Texas, said 2.1401 acres being more particularly described by metes and bounds as follows: COMMENCING for reference at a railroad spike found to be the center of Chester Drive, (60 foot wide), and lying in the West right-of-way line of F.M. 2351; THENCE North 44° 59' 05" East, with the said right-of-way line, a distance of 276.85 feet to an Iron Rod found for corner, same being the Southwest Corner of the aforementioned 86.862 Acre Eignus tract; THENCE North 44° 59' 05" East, a distance of 418.22 feet to a 1 Inch Iron Post found for corner, same being the Southeast Corner of the aforementioned 86.862 Acre tract; THENCE North 45° 00' 01" West, a distance of 2887.89 feet to a 1/2 Inch Iron Rod found for corner, marking the division between Brazoria and Galveston Counties, same being the Northeast Corner and POINT OF BEGINNING of the tract herein described; THENCE continuing North 45° 00' 01" West, a distance of 121.31 feet to a point for corner, same being the Northwest Corner of the tract herein described; THENCE South 10° 31' 27" West, a corner, same being the Southwest Corner of THENCE North 45° 00' 00" East, a corner, same being the Southeast Corner of distance of 1039.34 feet to a point for the tract herein described; distance of 176.66 feet to a point for the tract herein described; THENCE North 10° 31' 27" East, a distance of 825.14 feet to the POINT OF BEGINNING and containing 2.1401 Acres of land, more or less. 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. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED AND APPROVED ON FIRST READING this,22,__day of A. D., 1982. ATTEST: a° ity Secretary —� PASSED AND APPROVED ON SECOND AND FINAL READING this /o day of A. D., 1982. ATTEST: APPROVED AS TO FORM: /City,t,ney CITY OF PEARLAND LAND USE CHANGE APPLICATION, ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (4 Change in Zone Class From: P.U. To: G.R. PROPERTY IDENTIFICATION Street or Road Address: Lot , Block BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: SUBMITTAL INFORMATION Addition 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site Map attached LEGAL DESCRIPTION Describe from Deed Records, attach copy tion: Platted Land: 5. Tract Dimension 6. Location, size, relationship of all existing structures to boundary lines of Deed, and use metes and bounds descrip- Unplatted Land: (Must have metes & bounds description) SEE ATTACHMENT PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: SINGLE FAMILY RESIDENCES. (GR) (PATIO HOMES) .. Linn Eignus, Owner (SEE ATTACHMENT) RECORD OWNER: Crystal Homes, Inc. OWNER'S MAILING ADDRESS &PHONE NO.: 6250 Westpark, suite 110, Houston, Tx. 77057 713/977-6552 AGENT'S NAME: Hazel E. Crowe PHONE NO.: 713/977-2370 AGENT'S MAILING ADDRESS: 6250 Westpark, Suite 360, Houston, Tx..77057 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 Or •napces of the City of Pearland. SIGNATURE FEE: SIGNATURE wner gent $ `�`'� — DATE PAID: %—/.3— .e-nea^er DATE FILED: �/.�a-/,jam (ed'w.ratt) APPLICATION NO. A)% • EXHIBIT "B" THE JOURNAL P.O. BOX 1448 FRIENDSWOOD, TEXAS 77546 482-7222 PUBLISHER AFFIDAVIT State of Texas County of Brazoria Personally appeared before me the undersigned,a notary public within and for said county and state,Howard Alden,Publisher of the Journal,a newspaper published in Houston,County of Harris, State of Texas,who,being duly sworn,states on oath that the report of City of Pearland a true copy of which is hereto attached,was published in said newspaper in its issue of 20th day of October 1982 Sworn to and subscribed before me this day of NOTICE OF A PUBLIC HEARING=q BY THE CITY COUNCIL OF THE CITY OF PEARLAND. TEXAS,,=,a-;;;-�'. Notice is hereby given that on the 8th day of. November. 1982, at 1:30 P.M.. the City Council of the Cain Pearland. Brazoria and. HarrisCoua: ties, Texas,. under Docketed, Publiel Hearings, will conduct a Public Hear,. ling in the Council Room, City Halt 2335 N. .Texas -Avenue. Pearland;' Texas on the request of Bezel E. Crowe. Agent for Linn Eignus, Owner for an amendment to the Land Use, and Urban Development Ordinance of said Citylrem classification Plane ded Unit (PU) to General Residence: ,Dwelling District (GR)..on thedollow-; - Wing described property to -wit? ;, 5.61 acres of land more or less: out of the 86.862 Eignus tract of land out of the Perry and Austin League in Brazoria and Galveston- Counties. Texas. At such time and place as above stated. the City Council will hear. all ;`-evidence concerning; advisability -of. ;pmending said Ordinance,,a,'nd also y..rilt hear all evidence iaiprotesrto. ;'the amendmen>F-ooffsaulOrdmante. Qo3itO !6-a J Publisher ta-