Ord. 0246-075 10-22-81ORDINANCE NO. 246-75
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, FRANK A. TOUSINAU, Agent for LESLIE L. APPELT, Trustee of the
property, filed August 6, 1981, 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 1st day of September, 1981, 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 Ordi-
nance No. 246; and
WHEREAS, on the 4th day of September, 1981, the Planning and Zoning
Commission of the City submitted their report and recommendation to the City
Council regarding the proposed amendment application of FRANK A..TOUSINAU, Agent
for LESLIE L. APPELT, Trustee 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 to Commercial; and
WHEREAS, upon receipt of the report from the Planning and Zoning Com-
mission, the City Council thereafter gave notice of a public hearing to be held
on September 28, 1981, 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 FRANK A.
TOUSINAU, Agent for LESLIE L. APPELT, Trustee of the property, by the City
Council at its regular meeting held on September 28, 1981; 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 FRANK A. TOUSINAU, Agent for LESLIE L. APPELT,
Trustee 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 LESLIE L. APPELT,
-1-
Trustee of the property, and presently classified as Planned Unit is hereby
for all purposes changed and re-classified as Commercial:
A 2.7548 acre tract of land out of Tract No. 78 of the Zychlinski
Subdivision of the R. B. Lyle Survey, Abstract No. 542, Pearland,
Brazoria County, Texas and being out of a tract conveyed to Leslie
L. Appelt, Trustee, recorded in Volume 1372, Page 616 of the
Brazoria County Deed Records and being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod located at the intersection of the
East right of way line of North Main Street (Texas State Highway No. 35 - 100
feet wide) and the South right of way line of Knapp Road (80 feet wide) for the
Northwest corner of this tract;
THENCE S 89° 54' 45" E along the present south right of way line of
Knapp Road as described in Volume 1378, Page 800 of the Brazoria County Deed
Records, a distance of 399.80 feet to a 5/8 inch iron rod for the Northeast
corner of this tract and marking the Northwest corner of a 5.5638 acre tract
and the most Northerly Northwest corner of Tract No. 1 recorded in Volume 1437,
Page 605 of the Brazoria County Deed Records, from which a 5/8 inch iron rod
marking the Northwest corner of a called 5 acre tract recorded in Volume 1351,
Page 10 of the Brazoria County Deed Records bears S 89° 54' 45" E, passing a
1/2 inch iron rod on line at 421.05 feet, in all a total distance of 572.54
feet;
THENCE S 0° 01' 30" W along the westerly line of said 5.5638 acre
tract and said Tract No. 1, a distance of 300.00 feet to a 5/8 inch iron rod
for the Southeast corner of this tract and marking an interior corner of said
Tract No. 1, from which a 5/8 inch iron rod at the southwest corner of said
5.5638 acre tract bears S 0° 01" 30" W a distance of 275.93 feet;
THENCE N 89° 5445" W along the north line of said Tract No. 1 and
a 13.4218 acre tract, a distance of 400.21 feet to a 5/8 inch iron rod for the
Southwest corner of this tract and the most westerly Northwest corner of said
Tract No. 1, from which a 1 inch iron rod marking the southwest corner of a
4.8096 acre tract bears S 0° 06' 15" W, passing a 5/8 inch iron rod on line
at 276.54 and 676.54 feet, in all a total distance of 907.98 feet;
THENCE N 0° 06' 15" E along the East right of way line of North Main
Street, a distance of 300.00 feet to the PLACE OF BEGINNING and containing
2.7548 acres (120,000 square feet) of land.
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 /, d
A. D., 1981.
ATTEST:
City Secretary
>2_.
f
PASSED AND APPROVED ON SECOND AND FINAL READING this 22 day of
, A. D., 1981.
ATTEST:
-"City Secretary �//// 1 }
APPROVED AS TO FORM:
"City Attrney
Mayor, City of Pearland, Texas
-3-
EXHIBIT "A"
CITY OF PEARLAND
LAND USE CHANGE APPLICATION
ZONING CHANGE REQUESTED
Change in Regulations
Section
in
Change in Zone Class
From: PU
To:
Commercial
PROPERTY IDENTIFICATION
Street or Road Address:
Lot , Block
SUBMITTAL INFORMATION /
Must be professionally drawn V
BOARD OF ADJUSTMENT & APPEAL
( ) Variance Appeal
( ) Appeal from Interpretation
( ) Special Exception Use
For:
A 2.7548 acre tract of land located at
The south-east corner of north Main St., at Knapp Rd.
See attached survey for legal description of metes and bounds.
, Addition
1.
2.
3.
4.
Minimum scale of 100' to inch
North Arrow ✓
Site map attached
5. Tract Dimension
6. Location, size,
relationship of all
existing structures,
boundar
y lines
LEGAL DESCRIPTION: Fully shown and described in the attached metes and bounds survey.
Describe from Deed Records
bounds description:
Platted Land:
attach copy of Deed, and use metes and
Unplatted Land: (Must have
• Attached.
metes &bounds description)
PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION:
Warehouse with office and parking lot; to be used by owner.
All properties adjoining and surrounding above said tract are zoned commercial.
RECORD OWNER: Leslie L. Appelt, Trustee
OWNER'S MAILING ADDRESS & PHONE NO.: #1 Shell Plaza Bldg.,louston,Tex.
Ph#222-21TT
77002
AGENT'S NAME: Frank A. Tousinau
PHONE NO.: 645-1120
AGENT'S MAILING ADDRESS: 3215 Broadway- Suite #9 Houston ,Tex. 77017
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
SIGNATURE 7-' SIGNATU
FEE: $ JJ .'7 ,Ocvn DATE PAID: 84 -AV
FILED: tin
DATE
gent
*100
E JOURNAL
P. 0. BOX 448 FRIEIUOSWOOD, TEXAS 77546 482-2222
EXHIBIT "B"
PUBLISHER AFFIDAVIT
State of Texas
County of Harris
Personally appeared before me the undersigned, a notary
public within and for said county and state, Annie Alexander
Editor 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 September, 1981
day of 9/10
Editor
Sworn to nd,subscribed before me this
day of ZJs.��-2h bas 1`l£sl
a7,:Iee0:N
OFAPUBUCD._
H1MINCBTIIf r
. CIl[COUNULOFNNE -':`
bnoctEARUNO,
444itxFs hereb/ Peat Mali
-2�Gdaq.'oLSeaember,l581;... _
,J umter OooAe�ed�,Publ e
Ife nips title:al ageiMa.,the3
a..si jpjcd ot811 CRNp! jw 1d4S'
Orarorie and HamvCointies5exa`s€,
will conduct a Public Hearingin the
Council: RaaaliTOty Hall.-233&..NAn
Teias> Avenu4ion:the:-rtquest et;'
:iFranl L.Tousinau;Ngent,fanleslie:Etgl
Appel.. Trustee;. fay- n amendment_
to thaiaadkUse and Urban Derelopr,.
;ment_Orrdinance of said Cii .. front:
. Classifination Planned Unit to Com'?
`Yoe:olef.on'the.folowing' described,:
wiit i:^«+i'g43Fi :_
rt f4
<�gry,75a8 acre bait of land out of
TracCNoi 78'oF the 2y links Sob*
'diviision of=the*R.B style-Suney;ez
wAbstniciNa�542,-.Pearland;"Bramrtaa
Countya,4Teaas;-and being aulTofe
!trat-conyeyed: to teslk:L°Appelt
!tat -conveyed -
recorded in, Volume-1312;e:
' g Pap 616'. of;: the Branda- County".
''OeeiRec ids: (S/E.earner.Hwy. 35
q'b Kaapptit'rnap and'applicatian are..
e attaehdereto fp four infomwtrenq
• Kt sucks lime and place as above
"stated: tbe-City..Council will hear all
C. t'aldmar cannoning advisability of
r- """"'"' "amendingseid:Wdinanttrand.ahoa
X 77546, uwilkhew, all evidencs.in- protest taw
the amendment of mid Ordinance. o-
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GTE3EC1R'eE(TiA..a1�!�}y
M"ARV SAW WEISS
Rotary. PIsbik State of Texas
d7A3r Commission' pxpiies /v1c «-' 2', 1985
I 'by $. Alexander. Lo,etti, L'neers Surety Corp.