Ord. 0246-048 06-26-78ORDINANCE NO. 246-48
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, Aaron Pasternak, Trustee, as owner of property, filed March 24,.
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 18th day of April, 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 24th day of April, 1978, 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
recommended to deny a change of classification for the properties described in
Exhibit "A", from their existing classification of Planned Unit to R-2 (Medium
Denisty Single Family); 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 May 22,
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 Aaron Pasternak,
Trustee, by the City Council at its regular meeting held on May 22, 1978; and
WHEREAS, a letter dated May 19, 1978 from Aaron Pasternak, Trustee, was
received by the City Council requesting that Tract C in an aggregate acreage of
130 acres be designated R-1 (Low Density Single Family) instead of R-2, with the
remaining Tracts A, B, $ D to continue as R-2 (Medium Density Single Family), said
letter being attached hereto and made a part hereof for all purposes, as Exhibit
"C"; 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:
The following described property located within the corporate City Limits
of the City of Pearland,. Texas, recorded owner being Aaron Pasternak, Trustee, and
presently classified as Planned Unit is hereby for all purposes changed and re-
classified as R-1 (Low Density Single Family) on Tract C and R-2 (Medium Density
Single Family) on Tracts A, B, $ D:
TRACT "A" FIELD NOTES OF 50.335 ACRES more or less out of the W.D.C. Hall
Survey, Abstract #70, and being out 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 at the intersection of the Southeast line
of Liberty Drive and the Southwest line of Shady Bend Drive;
THENCE S 47° 42' 50" East 1346.76 feet along the Southwest line of
Shady Bend Drive town iron pipe for corner being the most Northerly
corner, Lot 1, Block 3, Creek View Subdivision;
THENCE S 42° 17' 10";.W 291.88 feet along the Northwest line of Block
3, Creek View Subdivision to an iron rod for corner;
THENCE S 48° 20' S:0" East 1046.24 feet along the Southwest line of
Creek View Subdivisions Section I and Section II to an iron rod
for corner;
THENCE S 410 36' 16" West 1069.91 feet along the Northwest line of
Shady Crest Subdivision to a point for corner at the center of
Mary's Creek;
THENCE along the center of Mary's Creek with the following meander's:
North 42° 58' 18" West 118.49 feet
North 25° 32' West 280.00 feet
North 13° 15' West 96.0 feet
North 380 21' West 192.0 feet
North 31° 52' 24" West 261.0 feet
North 9° 14' 00" West 184.0 feet
North 21° 00' West 119.0 feet
North 34° 12' 00" West 118.0 feet
North 55° 42' 00" West 247.0 feet
and North 89° 07' 12" West 36.68 feet
to a point for corner;
THENCE N 48° 26' 50" West at 66.67.feet pass an iron rod on the bank
of Mary's Creek and continue along the Northeasterly line of the Faith
Baptist Church tract to a total distance of 859.33 feet to an iron rod
for corner;
THENCE N 41° 33' 10" East 951.9 feet along the Southeast line of
Liberty Drive to the PLACE OF BEGINNING.
TRACT "B" FIELD NOTES OF 22.15 ACRES out of the Aaron Pasternak 313.38 acre
tract out of W.D.C. Hall Survey, Abstract 70, Brazoria County, Texas,
and by metes and bounds described as follows:
BEGINNING at an iron rod in the common line of W.D.C. Hall League,
Abstract 70, and the T.J. Green Survey, Abstract 198, said iron rod
bears North 410 30' 20" East, 462.34 feet from a concrete monument
marking the North corner of the City of Pearland 49.84 acre Parksite;
THENCE N 41° 30' 20" East 1518.16 feet along Northwest line of
the W.D.C. Hall survey also being the Southeast line of Houston Light
and Power Company's 80' easement to an iron rod for corner;
THENCE S 47° 44' 10" East 637.71 feet to iron rod for corner;
THENCE S 41° 31' 50" West 1510.0 feet along the 'Northwest line
of Liberty Drive to an iron rod for corner;
THENCE N 48° 28' 10" West 637.0 feet to the PLACE OF BEGINNING.
TRACT "C" FIELD NOTES OF 130.0 ACRES more or less out of the W.D.C. Hall Survey
Abstract 70, Brazoria County, Texas, and by metes and bounds described
as follows:
BEGINNING at a concrete monument marking the most Southerly corner
of the Aaron Pasternak 313.38 acre tract, said monument also being
the most Westerly corner of the Shady Crest Subdivision, City of
Pearland, plat of said Subdivision recorded in Volume 8, pages 97
and 98, of the Plat Records of Brazoria County, Texas;
THENCE N 44° 40' 41" West 2047.06 feet along the common line of
the W.D.C. Hall Survey, Abstract 70, and the F.B. Drake survey,
Abstract 507, to a concrete monument for corner;
THENCE N 45° 37' 28" East 2084.03 feet along the Southeast line of
City of Pearland 49.85 acre Parksite to a point for corner at the
center of Mary's Creek;
THENCE Easterly, Northeasterly, and Southeasterly along the center
of Mary's Creek to a point for corner;
THENCE S 45° 03' 12" West 2550.06 along the common line of the
Pasternak property and the Northwest line of Shady Crest Subdivision
to the PLACE OF BEGINNING.
TRACT "D" FIELD NOTES OF 14.21 ACRES out of the T.J. Green Survey, Abstract
198 out of the Pasternak 313.38 acre tract in City of Pearland,
Brazoria County, Texas and by metes and bounds described as follows:
BEGINNING at a point in the Northwest line of the Houston Light and
Power Company's 80' easement said point bears North 41° 30' 20" East
462.34 feet along the Northeast line of the W.D.C. Hall Survey,
Abstract 70, and North 480 28' 10" West 80' from a concrete monument
marking the North corner of the City of Pearland 49.84 acre Parksite;
THENCE continuing North 48° 28' 10" West 406.65 feet to the North-
westerly line of the Aaron Pasternak 313.38 acre tract to a point for
corner;
THENCE N 41° 31' 25" East, 1524.39 feet, along the Northwesterly
line of the Pasternak 313.38 acre tract to a point for corner;
THENCE S 470 44' 10" East, 406.20 feet to a point for corner in
the Northwesterly line of the Houston Light ,$ Power Company 80'
easement to a point for corner;
THENCE S 41° 30' 20" West, 1519.18 feet along said Power Company
easement to the PLACE OF BEGINNING.
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.
IIL
This Ordinance shall become effective after its passage and approval
upon second and final reading.
PASSED AND APPROVED ON FIRST READING this -day of f(j / , A.D., 1978. "
ATTEST:.
Aistanc
City Secretary
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL READING
A.D., 1978.
ATTEST:
City Secretary
this
day of
Mayor, City of Pearland, Texas
APPROVED AS TO FORM: City Attorney,
..I . ..• A. V.I... vI. 1 VI\ %al I,111Yr
LOCATION NO. 616
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:
1. OWNER'S NAME:
[21o/f%
2. OWNER'S MAILING ADDRESS: ✓ham '23 , 37e-
3 OWNER' S TELEPHONE NUMBER: C'7:ii .-93l/
4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED)
(DESCRIBE FROM DEED):
TRACT A - 50-:26 acres More or less out of the W. D. C. Hall Survey,
Abstract /0;
TRACT B - 22.15 acres out of the Aaron Pasternak 313.38 acre tract out
of the W. D. C. Hall survey, Abstract 70;
TRACT C - 130.0 ACRES more or less out of the W. D. C. Hall Survey
Abstract /U;
TRACT D - 14.21 acres out of the T. J Green Survey, Abstract 198.
5. PRESENT LAND USE DESIGNATION: �•
6. PROPOSED LAND USE DESIGNATION:
7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY)
8. APPLICABLE FEE:
>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.
DATE:
LEAF
vTHE JOURNAL
z
a
AT
P.O. BOX 81 FRIENDSWOOD, TEXAS 77546 ' 482-2222
44g
(9
EXHIBIT 11Bff
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:
May 4, , 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
editor/publisher of The Journal, on this the 5th
Marie Moore
19 78 , to certify which witness my hand and seal of
southwest right of way line of Sunset Defoe °O pponumtytosPeak at that honing
(80' right of way) and the Northwest right of 1 , Bobbie C. Heam
way line of Farm to Market Highway 528 ' City
(100' right efway); THENCEN45.21'35"W ,'.a - Summary
P.ie.dewsad,Texas
along the Southwest right of way line of i
Sunset Drive, .• distance of 800.02 feet to
the placeof beginning of the tract herein
after described; THENCE from said begin-
ning point S45.00'00"W,a distance of
745.15 feet to a point fay homey THENCE
543.00'OO"E, a diverges of 800.00 fees to a
point for comer in the Northwest right of
way line of F,M: Highway 528; THENCE
S45.00.00"W along the Northwest right of
PUBLICNORCE .
NOTICE IS HEREBY GIVEN that the Pls,
oing and Zoning Commission will hold •
public hearing on May 18, 1978, at 8:00
cm clock PM n the .Coundl Room at Friends-
waylineefF.M�Highwq S26,a detain. of Friends -
wood City H.U. to consider resorting of
•
certain parcel of land from 11-1 to C.I.said
250.00 feet to a point foecomer; THENCE progeny being located at Sunset Drive and
N45.00'00"W, a distance of 720.00Net to,. (., FM 528 and being more particelarly de
-. the P.C. of a curve; THENCE. around said ed as: +-� `
t'4 Como to the right, baying a radius of 330 scribed
Foo
-feet, • dstance e4518.36 feetto the PT fY. DESCRIPTION OP A 13,7312 ACRE'.
tM one'- THENCE N4$•0O'00'B ads- t,'; TRACT OUT. OF THE SARAH MCKISSICK
ta to of 663.58 feet;o. print rot timer a LEAGUE.PRIENDSW00D,GALVES7ON>
: the Soth"west+nght.of way bntof3 eseeei Mt'NTY;:TETAS'Y ly
. Drive;'THENCg,$A 2135 tr ,:aIa.s
r
ri r
aS.
!PS.S,bi ttta Hn-.ge Sagse OAxa
eusucNOnCE .
-NOTICE IS HEREBY GIVEN that the
City of Friendswood will- he accepting bids
fors garbage truck and packer tB
7:30 PM on. Monday
Monday May 22, 1978. Spe
fications maybe obtained at the office of the
City Secretary at 109 WElowiek, Friends -
wood, Tens -
day of May
office.-
r•IsasMCL
CIO Muyer
Ciryof Piked/mead
BOP A PUBLIC HEADING BY THE
CITY COUNCIL OF THEME OP
PEARLAND TEXAS :34-
,Nonce Ise hereby -rhumba' oathet22nd,
"day=.of May1978: •1 7:30 PM sbbj City'
Council of the CII7 .1 Pearlsed Braasona
NOTICE OP A PUBLIC HEARING BY THE -
CITYCOUNCILOFTHE CRYor
RL
:.:. PEAAND,TEKAS--`.:
Notice is hereby given that on the 22a4
`. day of May, 1978, at 7:30 PM,: the. City
+.f Council of the City of Pear/and, Bnsoria
and Harris Counties, Tests, will conduct a.
Public : Hearing ender Docketed-: Public
,; Hearings : of the regular agenda in Me;t
n Council Room, City Hal,' 2335 N. Teaas.
-.Avenud: oe tberequest of Aaron Pasternak,.t
Tmatee, for an amendment to the Land Use
and Urban. Development Ordinance of said
;:City, from classification Planned Unit to R3
..(Mediwe Beauty Single .Family) on: the'.
,sfoiowng described property to- it - qo.-
-'TractA — 50:26 saa more or lesi
e W'D C Hall Lougee Survey€Abatrns
YO Tai• ?2 1$sae fit. -AMMO
1313 neanonent4k4
A.CaSvneyAbstza}70• n
.�...
SUITE 120•C
rnOZnERT=ES, =NC.
REALTORS
The City of Pearland‘
City Hall
Pearland, Texas
Attention: -',City
Gentlemen:
Council
May 19, 1978
With reference to our request and application made
in March for initial zoning on four tracts out of the
W.D.C. Hall Survey, we respectfully request that Tract C
in an aggregate acreage of 130 acres be designated R.1
rather than as contained in our initial application R.2.
With our thanks for your consideration I
-Very truly yours,
665-4500
627.1180
sternak Trustee°�'�-