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Ord. 0246-050 07-24-78ORDINANCE NO. 246-50 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, C. H. and Helen F. Alexander Estates, as owners of property, filed April 12, 1978, 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 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 16th day of May, 1978, 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 22nd day of May, 1978, the Planning. and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of C. H. and Helen F. Alexander Estates whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from its:existing classification of Planned Unit to General Business; 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 June 12, 1978 by publication in the official newspaper of the City, the affidavit of pub- lication 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 C. H. and Helen F. Alexander Estates by the City Council at its regular meeting held on June 12, 1978; 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 C. H. and Helen F. Alexander Estates 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 C. H. and Helen F. Alexander Estates and presently classified as Planned Unit is hereby for all purposes changed and re-classified as General Business: A TRACT OF 13 ACRES which fronts on Broadway Street for a distance of approximately 1,050 feet and has a depth of 600 feet from said Broadway Street out of and a part of 310.5 acres, more or less, described in deed records in Volume 409, Page 159, Deed Records, Brazoria County, including 35 acres described in deed recorded in Volume 635, Page 609, situated in the Thomas J. Green One-third League Survey, Abstract 198, Brazoria County, Texas, said 310.5 acre tract being the same land conveyed by the Allison Rickey Land Company to Carry A. Easterly by deed dated January 8, 1914, and duly recorded in Book 129, pages 59-60, Deed Records, Brazoria County, Texas, to which deed and the record thereof reference is here made for all purposes BEGINNING at a 5/8 inch iron rod marking the intersection of the Southeasterly right-of-way line of Barry Rose Road, 40 foot width, with the Northeasterly right-of-way line of F.M. 518 (Broadway), 100 foot width; THENCE N 44° 17' 08" E, with the said Southeasterly right-of-way line of Barry Rose Road, a distance of 632.03 feet to a 5/8 inch iron rod; THENCE S 64° 02' 00" E, a distance of 850.00 feet to a 5/8 inch iron rod; THENCE S 25° 58' 00" W, a distance of 600.00 feet to a 5/8 inch iron rod on the said Northeasterly right-of-way line of F.M. 518 (Broadway); THENCE N 64° 02' 00" W, with the said Northeasterly right-of-way line of F.M. 518 (Broadway), at 850.00 feet, pass a 5/8 inch iron rod, and continuing for a total distance of 1,048.65 feet to the POINT OF BEGINNING and containing 13.0761 acres, more or less. IL 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. III. This Ordinance shall become effective after its passage andapproval upon second and final reading. PASSED AND APPROVED ON FIRST READING this da f A. D., 1978. ATTEST: City Secretary "kit / Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING this , A. D., 1978. ATTEST: /" City Secretary, APPROVED AS TO FORM: tnJ Mayor, City of Pearland, Texas City Attorney day of APPLICATION FOR 2HANGE IN LAND USE A.ICATION NO. 6/ TO: THE HONORABLE MAYOR AND CITY COUNCILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT TO THE LAND USE ORDINANCE NO. 246 AS DESCRIBED BELOW: r 1. OWNER'S NAME: ESTAIES OF C. H. ALEXANDER AND HELEN F. ALEXAMER C. C. Webb, Manager 4801 Woodway Drive, Suite 480 East 2. OWNER'S MAILING ADDRESS: Houston, Texas 77056 3. OWNER'S TELEPHONE NUMBER: 961-1383 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED): EXHIBIT A Attached • PRESENT LAND USE DESIGNATION: Planned Unit 6. PROPOSED LAND USE DESIGNATION: General Business District PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) A major retail shopping center is proposed to be constructed. 8. APPLICABLE FEE: $ 78.00 9. .SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION) PLOT PLAN (A) MUST BE PROFESSIONALLY DRAWN. (B) MINIMUM SCALE OF 100 FEET TO INCH. (C) NORTH ARROW. (D) TRACT DIMENSION. (E) LOCATION, SIZE, RELATIONSHIP OF ALL EXISTING STRUCTURES TO BOUNDARY LINES (F) NAME AND LOCATION OF ABUTTING STREET OR STREETS. (G) SITE MAP. x x x X x x EXHIBIT "A" • TIATF• Anvil l.?_ 107R nIJ.1cn AP THE JOURNAL Q P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 482-2222 CG Pg.4d THE STATE OF TEXAS EXHIBIT "B" 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: May 25 ,1978 , 19 , 19 19 , 19 , 19 ,19 A copy of such notice is attached hereto and expressly made a nart of this affidavit of publisher or other duly authorized person. By SWORN TO AND SUBSCRIBED before me by the said Marie Moore editor/publisher of The Journal, on this the 26th day of 1978 , to certify which witness my hand and seal of office. 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