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Ord. 0246-058 09-10-79ORDINANCE NO. 246-58 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. WHEREAS, Gaido-Lingle Company, Inc., as owner of properties, filed May 11, 1979, applications 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 land use all as provided for in Section 00-10, said properties being legally described in the original applications for amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and WHEREAS, on the 5th day of June, 1979, a public hearing was held, pur- suant 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 23rd day of July, 1979, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment applications, as amended, of Gaido-Lingle Company, Inc., whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from its existing classification of Planned Unit and Commercial to M-1 (Industrial -Performance Standard Group A); and WHEREAS, upon receipt of the report of the Planning and Zoning Commission, the City Council thereafter gave notice of a public hearing to be held on August 13, 1979, 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 applications of Gaido-Lingle Company, Inc. by the City Council at its regular meeting held on August 13, 1979,; 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 applications of Gaido-Lingle Company, Inc, facts were presented which, in the judgment of the City would justify the approval of said applications, it is therefore, ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: I, The following described properties located within the corporate City Limits of the City of Pearland, Texas, recorded owner being Gaido-Lingle Company, Inc, and presently classified as Planned Unit and Commercial is hereby for all purposes changed and re-classified as M-1 (Industrial -Performance Standard Group A): APPLICATION NO. 70: A tract of land containing 7.99 acres out of Lot 83, H.T. & B.RR. Co. Survey, Abstract 542 and Lot 84, H.T. ? B.RR.Co. Survey, Abstract 232, Brazoria County, Texas; and being a part of a 26.162 acre tract described in Volume 358, Page 402 of the Deed Records of Brazoria County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the West line of State Highway No. 35 (100' R.O.W.) for the Southeast corner, said point being the South- east corner of said 26.162 acre tract; THENCE S 80° 14' 35" W, along the South line of said 26.162 acre tract and a fence line, 350 feet to the southeast corner of the 7.99 acre tract and continuing a total distance of 1646.58 feet to an iron rod at the Southwest corner of both the 26.162 acre tract and the 7.99 acre tract; THENCE N 1° 29' 06" W, along the West line of said 26.162 acre tract and 7.99 acre tract, and a fence line, 273.32 feet to an iron rod for the Northwest corner; THENCE N 89° 34' 36" E, along a fence line, 1303.55 feet to a point, said point being the Northeast corner of the 7.99 acre tract; THENCE South, along 263.69 feet to the beginning point of said 7.99 acre tract. APPLICATION NO. 71: 11.8854 Acre Tract of Land out of a 38,2427 Acre Tract of .Land recorded in Volume 1243, Page 692 of the Deed Records of Brazoria County, Texas, out of the H.T. & B.RR. Co. Survey, Abstract 232, and the R.B. Lyles Survey, Abstract 542, Pearland, Brazoria County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the Southwest corner of this tract and marking the Southeast corner of the Ray Bellew 3.0171 acre tract located in the South line of said 38.2427 acre tract and the North right-of-way line of Knapp Road (50 feet wide), from which a 5/8 inch iron rod marking the Southeast corner of a 15.1656 acre tract recorded in Volume 509, Page 796, Brazoria County Deed Records, bears West a distance of 130.00 feet; THENCE North along the East line of said 3.0171 acre tract and along a fence line, a distance of 1,011.42 feet to a 5/8 inch iron rod found for the Northwest corner of this tract and marking the Northeast corner of said 3.0171 acre tract; THENCE N 89° 36' 30" E, along the Northerly line of said 38.2427 acre tract and along a fence line, a distance of 511.02 feet to a 5/8 inch iron rod found for the Northeast corner of this tract and marking the Northwest corner of a 1.4463 acre tract, from which a 5/8 inch iron rod marking the Northeast corner of said 38.2427 acre tract located in the West right-of-way line of Main Street (State Highway 35 - 100 feet wide) bears N 89° 36' 30" E, a distance of 350.01 feet; THENCE South along the West line of several small tracts and as extended, passing 5/8 inch iron rods on line at 180.00 feet, at 330 feet, at 360 feet, and at 517.00 feet, in all a total distance of 1,014.91 feet to a 5/8 inch iron rod set for the Southeast corner of this tract in the North right-of-way line of Knapp Road from which the Southeast corner of said 38.2427 acre tract located 1.7 feet South and 0.5 feet West of fence corner bears East a distance of 350.00 feet; THENCE West along the South line of said 38,2427 acre tract and the North right-of-way line of Knapp Road, a distance of 511,00 feet to the PLACE OF BEGINNING and containing 11.8854 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 Section 00-5 of Ordinance No. 246, and consistent with the approval herein granted for the re-classification of the hereinabove described properties, III. This ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this ATTEST: City Secreta A. D., 1979. % day of Mayor, City of Pearland, Texas i PASSED AND APPROVED ON SECOND AND FINAL READING this ATTEST: ity Secretary APPROVED AS TO FORM: A. D., 1979. Mayor, City of Pearland, Texas City Attorney day of LAND ZONING CHANGE REQUESTED CITY OF PEARLAND USE CHANGE APPLICATION EXHIBIT "A" BOARD OF ADJUSTMENT & APPEAL ( ) Change in Regulations in Section ( ) Change in Zone Class From: P. U. To: PROPERTY IDENTIFICATION Street or Road Address: Lot ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: Telephone Rd. , 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 5. Tract Dimension 6. Location, size, relationship of all existing structures to boundary lines Describe from Deed Records, attach copy of Deed, and use metes and bounds description: Platted Land: 7.99 Acre Tract of Land See Attached Exhibit "A" for legal description Unplatted-Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: erection for welding facility and pipe storage yard Building RECORD OWNER: Gaido Lingle Co., Inc. OWNER'S MAILING ADDRESS & PHONE NO.: Houston, Texas 77063 7820 Westglen AGENT'S NAME: AGENT'S MAILING ADDRESS: PHONE NO.: 789-8510 PETITION •As Owner/Agent, I hereby petition the City for approval of above described request as provided by the laws of the State\of Texas and Ordinances of the City of Pearland. SIGNATURE E4,/,6 Owner FEE: $ 142), 2.t -T' DATE PAID: DATE FILED: _T//f'/% SIGNATURE algerde APPLICATION NO.' A tract of land containing 7.99 acres out of Lot 83, N.T.&B.R.R. Co. Survey, A-542 and Lot 84, H.T.&B.R.R. Co. Survey, A-232, Brazoria County, Texas; and being a part of a 26.162 acre tract described in Volume 358, Page 402 of the Deed Records of Brazoria County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the West line of Shate Highway No. 35 (100' R.O.W.) for the S.E. corner, said point being the S.E. corner of said 26.162 acre tract; THENCE S 80° 14'35" W, along the South line of said 26.162 acre tract and a fence line, 350 feet to the southeast corner of the 7.99 acre tract and continuing a total distance of 1646.58 feet to an iron rod at the S.W. corner of both the 26.162 acre tract and the 7.99 acre tract; THENCE N 1° 29'06" W along the West line of said 26.162 acre tract and 7.99 acre tract, and a fence line, 273.32 feet to an iron rod for the Northwest corner; THENCE N 89° 34'36" E, along a fence line, 1303,55 feet to a point, said point being the Northeast corner of the 7.99 acre tract; THENCE South, along 263.69 feet to the beginning point of said 7,99 acre tract. LAND ZONING CHANGE REQUESTED CITY OF PEARLAND USE CHANGE. APPLICATION EXHIBIT "A" BOARD OF ADJUSTMENT & APPEAL- ( ) Change in Regulations in Section ( ) Change in Zone Class 1 From: P. U. -' C. To: M-1 PROPERTY IDENTIFICATION Street or Road Address: Lot ( ) Variance Appeal ( ) Appeal from Interpretation ( ) Special Exception Use For: Knapp Road , Block , Addition SUBMITTAL INFORMATION 1. Must be professionally drawn 2. Minimum scale of 100' to inch 3. North Arrow .� 4. Site map attached 5. Tract Dimension 6. Location, size, relationship of all existing structures to boundary lines LEGAL DESCRIPTION Describe from Deed Records, attach copy of Deed, and bounds description: Platted Lando 11.8854 Acre Tract of land use metes and See Attached Exhibit "A" for legal description Unplatted Land: (Must have metes & bounds description) PROPOSED USE OF LAND WITHIN REQUESTED DESIGNATION: for welding facility and pipe storage yard Building erection RECORD OWNER: Gaido.Lingle CO., Inc. OWNER'S MAILING ADDRESS & PHONE NO.: Houston, Texas 77063 7820 WEstglen AGENT'S NAME: PHONE NO.: 789-8510 AGENT'S MAILING ADDRESS: PETITION As Owner/_, I hereby petition the City for approval of th above described request as provided by the laws of the Sta of Texas and rdinances of the City of Pearland. SIGNATURE ‘ SIGNATURE Owner FEE: $ (Z /4,442es\ATE PAID: DATE FILED. t/�%// APPLICATION NO.` EXHIBIT "A" BEGINTNING at a 5/8 inch iron rod found for the Southwest corner of this tract and marking the Southeast corner of the Ray Bellew 3.0171 acre tract located in the South line of said 38.2427 acre tract and the North right of way line of Knapp Road ( 50 feet wide), from which a 5/8 inch iron rod marking the Southeast corner of a 15.1656 acre tract recorded in Volume 509, .Page 796, Brazoria County Deed Records, bears West a distance of 130.00 feet; THENCE North along the East line of said 3.0171 acre tract and along a fence line, a distance of 1,011.42 feet to a 5/8 inch iron rod. found for the Northwest corner of this tract and marking the Northeast corner of said 3.0171 acre tract; THENCE N 890 36' 30" E along the Northerly line of said 38.2427 acre tract and along fence line, a distance of 511.02 feet to a 5/8 inch iron rod found for the Northeast corner of this tract and marking the Northwest come] of a 1.4463 acre tract, from which a 5/8 inch iron rod marking the Northeast corner of said_38.2427 acre tract located in the West right .of way line .of Main Street ( Telephone Road - 100 feet wide) bears N 89 •36' 30" E,a distance of 350.01 feet; THENCE South along the West line of several small tract and as extended, passing 5/8 inch iron rods on line at 180.00 feet, at 330 feet, at 360 feet, and at 517.00 feet, in all a total distance of 1,014.91 feet to a 5/Q. inch ironrodset for the Southeast corner of this tract in the North right of way aline of Knapp Road,' from which the Southeast corner of said 38.2427 acre tract located 1.7 feet south and 0.5 feet west of fence corner bears East a distance of 350.00 feet; THENCE West along the South line of said 38.2427 acre tract and the North right of way line of Knapp Road, a distance of 511.00 feet to the PLACE OF BEGI`NING and containing 11.8854 acres of land. s n a P 0 a th at th da ar Ct cf wI no art an pri wil of: fo( aro hui Th sui WO seq sar raq 4 the s shd -as E JOURNAL FRIENDSWOOD, TEXAS 77546 482-222n EXHIBIT 'Btt 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 Marie Moore , 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 waspublishedin said newspaper on the following dates: July 26 , 19 79 A copy of such notice is attached hereto and expressly made a part of this affidavit of publisher or other duly authorized person. By SWORN TO AND SUBSCRIBED- before me by the said editor/publisher of The Journal, on this the loth Marie Moore day of 19 79 , to certify which witness my hand and seal of office. My co rm ision ecpire11-10-80 August 1 RE: Public Hearing Req. *y faidb,.Ling: - nocnnaoos no siendo mas de unless 'e bid 'is "submitted' by Hie In - dos hill dolmas" que se lea. ' Suteto a dividual or organization making- the tales requisitos y o limitations coma pru- deposll , veidos por ley del estado' Tambien, en la Bid Bond. Cashiers or Certified check s:oMtmnfainwarmamnrnhin lee rnlahraa—....9POP same rgggosible bapk„oJ_theStele,,,;_, stiacl23g. Brazorie Counly.Texas.` t- + At such time and place as above stated Me City Council will hear all evidence con- cemirg advisability of amending said Ordl once, and also will hear all evidence In : _ U411VI JJ LEAF JHE JOURNAL P. O. BOX 81 FPIENDSWOOD, TEXAS 77546 482-2222 Lv EXHIBIT "B" 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 Marie Moore , 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: July 26 , 19 79 , 19___ , 19 , 19 , 19 , 19_ 19 A copy of such notice is attached hereto and expressly made a part of this affidavit of publisher or other duly authorized person. By SWORN TO AND SUBSCRIBED before me by the said editor/publisher of The Journal, on this the 10th Marie Moore day of 19 79 , to certify which witness my hand and seal of office. �� t4 My co�rLmi.s on expi es 4-10-80 August RE: Public Hearing Req. Gaido-LingIe acts -Mil dolares qae 4e lee "Sinew a deposit. cernmgaT'i`sibPub amenQitgaamvre. f'., tales regwsios y o limitaciones como pru- 6d Bond. Cashier's or Certified check ` nonce, and also will ear ;1I evidence m v veldo$ pot ley del estado Te las pa, en la upon some responsible bank of the State ; proles pals . a endrnent enc ein ;s si9uenre base qo see cambia Ias�Pa Iabra gf,Lvel51 percent-. ti -'7