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Ord. 0246-062 07-15-80ORDINANCE NO. 246-62 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE N0. 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. WHEREAS, Aaron Pasternak, Trustee, filed April 17, 1980, an application for amendment pursuant to Article IV, Section 00-10 of the Land Use and Urban Develop- ment Ordinance of the City, for approval of a change in 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 6th day of May, 1980, a public hearing was held, pursuant to the call of the City Council, 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 12th day of May, 1980, the Planning and Zoning Commission of the City submitted their report and recommendation to the City Council regarding the proposed amendment application of Aaron Pasternak, Trustee, whereby they recom- mended and approved a change of classification for the property. described in Exhibit "A", from its existing classification of Planned Unit to Plan Approval (Patio Homes and Townhouses as shown WHEREAS, upon on Exhibit "B".and Exhibit "C" attached); and receipt of the report of the Planning and Zoning Commission, the City Council thereafter gave notice of a public hearing to be held on June 9th, 1980, by publication in the official newspaper of the City, the affidavit of publica- tion being attached hereto, and made a part hereof for all purposes, as Exhibit "D", 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 Aaron Pasternak, Trustee, by the City Council at its regular meeting held on June 9th, 1980; 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 Aaron Pasternak, Trustee, 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 AaronPasternak, Trustee, and presently classified as Planned Unit is hereby for all purposes changed and re- classified as Plan Approval (See Exhibits "B" & "C" attached): TRACT #1 - 6.875 ACRES OUT OF THE T.J. GREEN SURVEY, ABSTRACT #198, SAID TRACT BEING A PART OF THE AARON PASTERNAK 313.38 ACRES, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BY METES AND BOUNDS DESCRIBED AS FOLLOWS: BEGINNING at an iron rod in the common line of the Pasternak 313.38 acre tract and the J.M. Frost tract, said iron rod bears South 41°22'40" West 277.00 feet from an iron pipe in the South- erly line of State HWY #518, said iron pipe making the most Northerly corner of the Pasternak tract; THENCE; South 48026'50" East, 406.10 feet to an iron rod for corner; THENCE: South 41°31150" East, 739.18 feet along the common line of the Houston Light & Power Company's 80 foot fee strip to an iron rod for corner; THENCE; North 48 26'50" West, 404.13'along the common line of Parkview Subdivision, Section I to an iron rod for corner; THENCE; North 41°22'40" East, 739.20 feet along the common line of the Pasternak &Frost tract to the Place of Beginning; Said Tract therein containing 6.875 Acres of Land. TRACT "2 - 13.699 ACRES OUT OF THE W.D.C. HALL SURVEY, ABSTRACT 70, SAID TRACT BEING A PART OF THE AARON PASTERNAK 313.38 ACRES, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND BY METES AND BOUNDS DESCRIBED AS FOLLOWS: BEGINNING at an iron rod in the Northwest line of Liberty Drive, said iron rod bears South 41 33'10" West 450.00 feet from an iron rod at the intersection of the Northwest line of Liberty with the Southerly line of State F.M. Highway #518; THENCE; North 48°26'50" West, 522.05 feet to an iron rod for corner; THENCE; North 66°49'23" West 122.14 feet to an iron rod for corner; THENCE; South 41°31'50" West, 900.65 feet along the common the com- mon line of the H.L. & Power Co. 80 foot fee strip also being the Northwest line of the W.D.C. Hall survey, Abstract #70, to an iron rod for corner; THENCE; South 48°26'50" East, 637.59 feet along the common line of Parkview Subdivision, Section I, to an iron rod for corner; THENCE; North 41°33'10" East, 939.15 feet along the Northwest line of Liberty Drive to the Place of Beginning; Said tract therein containing 13.699 Acres of Land. TRACT #3 - 0.629 ACRE TRACT OUT OF THE T.J. GREEN SURVEY, ABSTRACT #198, SAID TRACT BEING A PART OF THE AARON PASTERNAK 313.38 ACRES, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS,; AND BY METES AND BOUNDS DESCRIBED AS FOLLOWS: BEGINNING at an iron rod in the common line of the Pasternak 313.38 Acre tract and the J.M. Frost tract, said iron rod bears South 41° 22'40" West 277.00 feet from an iron pipe in the Southerly line of State Highway #518, said iron pipe making the most Northerly corner of the Pasternak Tract; THENCE; South 48°26'50" East 406.10 feet to an iron rod for corner in the Northwest line of Houston Lighting and Power Company's 80 foot fee strip; THENCE; North 41°31'50" East 134.90 feet along the Northwest line of said 80 foot fee strip to an iron rod for corner; THENCE; North 66°49'23" West 427.84 feet to the Place bf Be- ginning; Said tract therein containing 0.629 Acres of Land. II. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the'City, pursuant to the provisions of Sec- tion 00-5 of Ordinance No. 246, and consistent with approval herein granted for the re-classification of the hereinabove described property. This ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this A.D., 1980. ATTEST: day of Mayor, City of Pearland, Texas. CE ' 2Z ORD: CR'[NANCE NOvZ L 62---- r :ter : Pate) S— A YE COOT; ILA EN Iai _— City Secretary E`.'JNp RE: ,D : ( a — AYE?. OUNCIEN PASSED AND APPROVED ON SECOND AND FI017 , A. D., 1980. NOES: ATTEST: 'City Secretary City Secretary Mayor, City of Pearland, Texas. APPROVED AS TO FORM: CITY ATTORNEY CITY OF PEARLAND LAND USE CHANGE APPLICATION ZONING CHANGE REQUESTED ( ) Change in Regulations in Section (X) Change in Zone,Class From: To: O PROPERTY IDENTIFICATION Street or Road Address: Lot BOARD OF ADJUSTMENT & APPEAL ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: Liberty Drive , Block , Addition SUBMITTAL INFORMATION - PLOP PLAN 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow 4. Site map attached DEED RESTRICPI (if applicable) LEGAL DESCRIPTION Describe from Deed Records, attach bounds description: Platted Land: X X • X copy of 5. Tract Dimension X 6. Location, size, relationship of all existing structures to boundary lines X Deed, and use metes and Unplatted Land: (Must have metes & bounds description) Previously submitted (nn file) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: Patio Homes and Townhouses RECORD OWNER: Aron Pasternak, Trustee OWNER'S MAILING ADDRESS & PHONE NO.:529 West Alabama Houston, Texas 77006 524-2303 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 Tex and Ordinances the City of Pearland. I SIGNATURE Agent SIGNATUR C _ ' FEE: DATE FILED: DATE PAID:44 -,APPLICATION NO. 119 LE4F P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 482-2222 CGS THE STATE OF TEXAS COUNTY OF Brazoria Before me, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared Ruth deVezin , being known to me, and being by me first duly sworn, upon his oath deposes and says that he is the editor/ publisher of The Journal, a newspaper of general circulation published in Brazoria County, Texas; and that a copy of the attached notice was published in said newspaper on the following dates: May 15,1980 , 19 , 19 , 19 , 19 , 19 ,19� A copy of such notice is attached hereto and expressly made a Hart of this affidavit of publisher or other duly authorized person. (724# 4/4, By SWORN TO AND SUBSCRIBED before me by the said Ruth deVezin editor/publisher of The Journal, on this the 19th day of May 1980 , to certify which witness my hand and seal of office. My commission expires 4/lo/8k r RE: Notice of hearing -- Aaron Pasternak Te`reFrsatoesvmr�•- Nemor roe u.ned :. 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