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Ord. 0246-073 08-10-81ORDINANCE NO. 246-73 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, the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE, as owners of the property, originally filed April 29, 1981 (and amended on June 1, 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 amended on June 1, 1981), and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 19th day of May, 1981, a public hearing was held be- fore 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, do the 4th day of June, 1981, the Planning and Zoning Com- mission of the City submitted their report and recommendation to the City Council regarding the proposed application, as amended, of the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE whereby they recommended and approved a change of classification from Planned Unit to General Business on 7.3484 acres; to Multi- family on 16.4625 acres; to General Residential (GR) on 12.1869 acres; to Single Family R-2, on 67.6337 acres; to General Business on 14.8903 acres; and tb Office and Professional on 22.3553 acres; 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 July 13, 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, as amended, of the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE by the City Council at its regular meeting held on July 13, 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, as amended, of the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE, facts were presented which, in the judgment of the City would justify the approval of said application, as amended, it is therefore ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I. (A) The following described property located within the corporate City Limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as General Business: All of that certain 7.3484 acre tract of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE, a 172.0566 acre tract of land, said 7.3484 acre tract of land being more particularly described by metes and bounds as follows, to wit: BEGINNING at a 1/2 inch iron rod in the northerly right-of-way line of Farm to Market Highway No. 518 for the southeasterly corner of the herein described tract; THENCE North 64 deg. 21 min. 27 sec. West, along and with the northerly right-of-way line of the said Farm to Market Highway No. 518, a total distance of 662.63 feet to a 5/8 inch iron rod found for the southwesterly corner of the herein described tract; THENCE North 25 deg. 58 min. 25 sec. East, a total distance of 327.00 feet to a point for corner; THENCE South 64 deg. 21 min. 27 sec. East, a total distance of 280.00 feet to a point for corner; THENCE North 25 deg. 58 min. 25 sec. East, a total distance of 273.01 feet to a point for corner; THENCE South 64 deg. 21 min. 27 sec. East, a total distance of 379.17 feet to a point for corner; THENCE South 25 deg. 38 min. 33 sec. West, a total distance of 600.00 feet to the PLACE OF BEGINNING and containing 7.3484 acres of land. (B) The following described property located within the corporate City limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Multi -Family: All of that certain 16.4625 acre tract of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE 172.0566 acre tract of land, said 16.4625 acre tract of land being more particularly described by metes and bound as follows, to -wit: BEGINNING at a 5/8 inch iron rod found for an interior corner of the said 172.0566 acre tract, same being the northeasterly corner of the Pearland Plaza Shopping Center; THENCE North 64 deg. 01 min. 35 sec. West, a total distance of 893.57 feet to a point in the southeasterly right-of-way line of Barry Rose Road for the westerly corner of the herein described tract; THENCE North 44 deg. 16 min. 28 sec. East, along and with the said southeasterly right-of-way line of Barry Rose Road, a total distance of 628.02 feet to a point for the northerly corner of the herein described tract; -2- THENCE South 64 deg. 976.36 feet to a point for the THENCE South 25 deg. 867.42 feet to a point for the THENCE North 64 deg. feet to a point for a westerly THENCE North 25 deg. feet to the PLACE OF BEGINNING 01 min. 35 sec. East, a total distance of easterly corner of the herein described tract; 58 min. 25 sec. West, a total distance of southerly corner of the herein described tract; 21 min. 27 sec. West, a total distance of 280.00 corner of the herein described tract; 58 min. 25 sec. East, a total distance of 272.79 and containing 16.4625 acres of land. (C) The following described property located within the corporate City limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as General Residential (GR): All of that certain 12.1869 acre tract of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE 172.0566 acre tract of land, said 12.1869 acre tract of land being more particularly described by metes and bounds as follows, to -wit: COMMENCING at a 1/2 inch iron rod in the northerly right-of-way line of Farm to Market Highway No. 518 for the southeasterly corner of the said 172.0566 acre tract; THENCE North 25 deg. 38 min. 33 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 600.00 feet to a point for the southerly corner and PLACE OF BEGINNING of the herein described tract; THENCE North 64 deg. 21 min. 27 sec. West, a total distance of 379.17 feet to a point for the most southerly west corner of the herein described tract; THENCE North 25 deg. 58 min. 25 sec. East, a total distance of 594.41 feet to a point for an interior corner'of the herein described tract; THENCE North 64 deg. 01 min. 35.00 sec. West, a total distance of 976.36 feet to a point in the southeast right-of-way line of Barry Rose Road for the most westerly west corner of the herein described tract; THENCE North 44 deg. 16 min. 28 sec. East, along and with the said southeast right-of-way line of Barry Rose Road, a total distance of 246.25 feet to a point for the north corner of the herein described tract; THENCE South 64 deg. 01 min. 35 sec. East, a total distance of 1273.43 feet to a point in the said southeasterly line of the said 172.0566 acre tract for the east corner of the herein described tract; THENCE South 25 deg. 38 min. 33 sec. West, along and with the said southeasterly line of the said 172.0566 acre tract, a total distance of 826.03 feet to the PLACE OF BEGINNING and containing 12.1869 acres of land. (D) The following described property located within the corporate City limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Single Family (R-2): -3- All of that certain 67.6337 acre tract of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE 172.0566 acre tract of land, said 67.6337 acre tract of land being more particularly described by metes and bounds as follows, to -wit: COMMENCING at a 1/2 inch iron rod in the northerly right-of-way line of Farm to Market Highway No. 518 for the southeasterly corner of the said 172.0566 acre tract; THENCE North 25 deg. 38 min. 33 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 1426.03 feet to a point for the southeasterly corner and PLACE OF BEGINNING of the herein described tract; THENCE North 64 deg. 01 min. 35 sec. West, a total distance of 1273.43 feet to a point in the southeasterly right-of-way line of Barry Rose Road for the southwesterly corner of the herein described tract; THENCE North 44 deg. 16 min. 28 sec. East, along and with the said southeasterly right-of-way line of Barry Rose Road, a total distance of 2466.98 feet to a point for the northwesterly corner of the herein described tract; THENCE South 89 deg. 47 min. 52 sec. East, a total distance of 1441.38 feet to a point for the northeasterly corner of the herein described tract; THENCE South 44 deg. 16 min. 28 sec. West, a total distance of 2555.29 feet to a point for corner of the herein described tract; THENCE South 25 deg. 38 min. 33 sec. West, a total distance of 542.86 feet to the PLACE OF BEGINNING and containing 67.6337 acres of land. (E) The following described property located within the corporate City limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as General Business: All of that certain 14.8903 acres of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE 172.0566 acre tract of land, said 14.8903 acres of land being more particularly described by metes and bounds as follows, to -wit: COMMENCING at a 1/2 inch iron rod in the northerly right-of-way line of Farm to Market Highway No. 518 for the southeasterly corner of the said 172.0566 acre tract; THENCE North 25 deg. 38 min. 33 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 1968.88 feet to a point for corner of said 172.0566 acre tract; THENCE North 89 deg. 47 min. 52 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 2555.29 feet to a point for the southeasterly corner and PLACE OF BEGINNING of the herein described tract; THENCE North 89 deg. 47 min. 52 sec. West, a total distance of 1441.38 feet to a point in the southeasterly right-of-way line of Barry Rose Road for the southwesterly corner of the herein described tract; -4- THENCE North 44 deg. 16 min. 28 sec. East, along and with the said southeasterly right-of-way line of Barry Rose Road, a total distance of 626.34 feet to a point for the northwesterly corner of the herein described tract; THENCE South 89 deg. 47 min. 52 sec. East, a total distance of 1441.38 feet to a point for the northeast corner of the herein described tract; THENCE South 44 deg. 16 min. 28 sec. West, a total distance of 626.34 feet to the PLACE OF BEGINNING and containing 14.8903 acres of land. (F) The following described property located within the corporate City limits of the City of Pearland, Texas, recorded owners being the C. H. ALEXANDER ESTATE and the HELEN F. ALEXANDER ESTATE and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Office and Professional: All of that certain 22.3553 acres of land located in the Thomas J. Green Survey, Abstract No. 198, Brazoria County, Texas, also being out of and a part of the C. H. and HELEN F. ALEXANDER ESTATE 172.0566 acre tract of land, said 22.3553 acre of land being more particulary described by metes and bounds as follows, to -wit: COMMENCING at a 1/2 inch iron rod in the northerly right-of-way line of Farm to Market Highway No. 518 for the southeasterly corner of the said 172.0566 acre tract; THENCE North 25 deg. 38 min. 33 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 1968.88. feet to a point for corner of said 172.0566 acre tract; THENCE North 44 deg. 16 min. 28 sec. East, along and with the south- easterly line of the said 172.0566 acre tract, a total distance of 3118.63 feet to a point for the southeasterly corner and PLACE OF BEGINNING of the herein described tract; THENCE North 89 deg. 47 min. 52 sec. West, a total distance of 1441.38 feet to a point in the southeasterly right-of-way line of Barry Rose Road for the southwesterly corner of the herein described tract; THENCE North 44 deg. 16 min. 28 sec. East, along and with the said southeasterly right-of-way line of Barry Rose Road, a total distance of 1533.29 feet to a point for the northwesterly corner of the herein described tract; THENCE South 35 deg. 41 min. 10 sec. East, a total distance of 1051.69 feet to a point for the northeasterly corner of the herein described tract; THENCE South 44 deg. 16 min. 28 sec. West, a total distance of 347.38 feet to the PLACE OF BEGINNING and containing 22.3553 acres 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. -5- PASSED AND APPROVED ON FIRST READING -this .4,5" day of \6_ r/ A. D., 1981. Mayor, City of Pearland, Texas ATTEST: City Secretary /fl PASSED AND APPROVED ON SECOND AND FINAL READING this /6 day of i-1.c, A. D., 1981. ATTEST: / o % c Le t 1�--e- City Secretary �� APPROVED AS TO FORM: tdr ney�� or, City of Pearland, Texas -6- EXHIBIT "A-1"'. CITY OF PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (x) Change in Zone Class Existing Land Use Elan Dated From: March 1980 To: New Land Use Flan See Submitted Site Plan, Dated April 10, 1981 PROPERTY IDENTIFICATION Street or Road Address: Lot BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: See Attached , Block , Addition SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached LEGAL DESCRIPTION x x 5. Tract Dimension •x• 6. Location, size, relationship of all existing structures to boundary lines Describe from Deed Records; attach copy of Deed, and use bounds description: Platted Land: See Deed And Flat Survey, Revised March 20, 1981 metes and Partition No. 6, Dated February 27, 1981 Unplatted Land: (Must have metes & bounds description) Sane As Above PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: As Indicated On Site Flan, Dated April 10, 1981. RECORD OWNER: C. H. Alexander Estate and Helen F. Alexander Estate OWNER'S MAILING ADDRESS & PHONE NO.: P. 0. Box 65, Pearland, Texas 77581 713 482 7337 AGENT'S NAME: AGENT'S MAILING ADDRESS: PHONE NO.: 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 �' Cc I'�.i � ..� • SIGNATURE , . Owner FEE: $ Y2/ -DATE PAID: VehVA/ / Di ent fTR rrr.rn-- F/-2i/ XI EXHIBIT "A-2" ESTATE OF C. H. ALEXANDER P. O. BOX 65 PEARLAND. TEXAS 77581 June 1, 1981 Board of Planning and Zoning Commission City of Pearland P. 0. Box 1157 Fearland, Texas 77581 Dear Sirs: Reference is made to our Land Use Change Application dated April 29, 1981 for property located in the Thorns J. Green Survey, Abstract 198, Tract #1, Pearland, Brazoria County, Texas. We respectfully request an amendment to this application. There is attached herewith the Field Notes description that are designated on the revised plat that is being presented. Your early acceptance will be greatly appreciated. Very truly yours, C. H. Alexander Estate and Helen F. Alexander Estate _//;4474 THE J OURNAL P.O. BOX 448 FRIENDSWOOD, TEXAS 77546 482-2222 C 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 Pea rlanr1 a true copy of which is hereto attached, was published in said newspaper in its issue of June19S1 day of 6/18 Editor Sworn to and subscribed before me this to, day of �e \k$1 :Legal Notices, AT0= NONCE OF A.' MINX HEARING BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS Notice is hereby given that on the 13th day of July, . 1981, at 7:30 P.M., the City Council-. of the City of Pearland, 81a206a and Harris Coun- ties, Texaswill conduct a Public Hearing in the Council Room, City - Hall, 2335 N. Texas Avenue, on the Y amended application. of the C.H. Alexander Estate and. Helen F. Ale» ander Estate, for amendments to the Land Use. and' Urban. Development Ordinance: or. City, :thorn classifreatian TannedUnit Ws the vanatierohstftaboes`shown- bamv. ((.: All oftlieprapaz Aesctibed baow is 1 & — 11 as-\" Notar AMARY JANE WEISS Notary Public State of Texas zziaaa 'Wry Commission Expires March 31, 1985 by 1.. Alexander Lavett, xlers Surety Corp_ in - the Thomas 1. Green Abstract. 198,. Tract No.1, Brnoria County, Texas:1) acres planned. Unit to §feral Business 2) 16A625 acres ,Punned Unit to Matti -Family; 3) 'G2.1869 acres Planned Unit to eneral Residential (GR); 4)67.6337 Peves Planned Unit to Single Family. R-2; 5) 14.8903 acres Planned Unit : to General Business; 6). 22.3553 acres Planned.Unit to Office 8 Pro• fessionaL At such time and place asabove stated, the City Council will hear all evidence concerning advisability of amending said Ordinance, and alse.l willhear all evidence in=proted to i the amendmentof said ordinance. DOROTHY000II I �" : ' CITE SECRETARY