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Ord. 0246-071 06-22-81ORDINANCE NO. 246-71 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, Lloyd R. Ferguson and Lloyd J. Yost, as owners of the property, filed April 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 21st day of April, 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, on the 22nd day of April, 1981, the Planning and Zoning Com- mission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of Lloyd R. Ferguson and Lloyd J. Yost 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 May 26, 1981, by publication in the official newspaper of the City, the affi- davit 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 Lloyd R. Ferguson and Lloyd J. Yost by the City Council at its regular meeting held on May 26, 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 Lloyd R. Ferguson and Lloyd J. Yost, 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 Lloyd R. Ferguson -1- and Lloyd J.Yost and presently classified as Planned Unit is hereby for all purposes changed and re-classified as Commercial: A tract of land containing 5 acres, more or less, out of Block or Tract 78 of the HT&B RR Co. Survey No. 2, Abstract 542, Brazoria County, Texas, according to the map of record in Vol. 29, Page 43 of the Deed Records of Brazoria County, Texas, more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Northeast corner of said Block Number Seventy -Eight (78), this being also the Northwest corner of Block Number Seventy - Seven (77) of HT&B RR Survey Number One (1); THENCE in a Southerly direction along the common lines of said Blocks Numbers Seventy -Eight (78) and Seventy -Seven (77) a distance of 614.44 feet to an iron stake, this being the common corner of Blocks Number Seventy -Seven (77) and Seventy -Two (72) in Number Seventy -Eight and Seventy -Three (73) in HT&B RR Sur- vey Number Two (2); THENCE in a Westerly direction along the common lines of said Blocks Numbers Seventy -Eight (78) and Seventy -Three (73) of HT&B RR Survey Number Two (2) a distance of 354.49 feet to an iron stake for corner; THENCE in a Northerly direction a distance of 614.44 feet to an iron stake on shell road for corner; THENCE in an Easterly direction along the North line of said Block Number Seventy -Eight (78) a distance of 354.49 feet to the PLACE OF BEGINNING and being the same property described in deed from J.E. Ervine and F.E. Bishop to Mrs. Henrietta H. Willaert by deed dated the 23rd day of September 1939 and recorded in Vol. 324, Pages 347 and 348 of the Deed Records of Brazoria County, Texas. LI 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 A. D., 1981. ATTEST: LL /1 411—em u City Secretary Mayor, Pro Tem nd, Texas -2- PASSED AND APPROVED ON SECOND AND FINAL READING this <2„2 day of , A. D., 1981. ATTEST: -City Secrets y, APPROVED AS TO FORM: Mayor, City of Pearland, Texas -3-