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Ord. 0246-047 06-26-78ORDINANCE NO. 246-47 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, Frank Barringer, Trustee, as owner of property, filed March 20, 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 Frank Barringer, Trustee, whereby they recommended that the application be approved if a change of classification for the property described in Exhibit "A" is amended to reflect its existing classification of Pre -Development to R-2 (Medium Density Single Family) omitting the request for GR (General Residence); and WHEREAS, upon receipt of the report of the Planning and Zoning Commission, and upon receipt of a letter dated April 26, 1978 from Frank Barringer, Trustee, requesting that the original application be amended to reflect a change in classi- fication from'PD to R-2 only, said letter being attached hereto and made a part hereof for all purposes, as Exhibit "B", 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 publication being attached hereto and made a part hereof for all purposes, as Exhibit "C", 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 Frank Barringer, Trustee, by the City Council at its regular meeting held on May 22, 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 Frank Barringer, 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 Frank Barringer, Trustee, and presently classified as Pre -Development is hereby for all purposes changed and re- classified as R-2 (Medium Density Single Family): A tract of land containing 11.4 acres out of Tracts 9 and 10, of the H. Masterson's Subdivision, of the H.T. $ B.R.R. Survey, A-237, Pearland, Brazoria County, Texas and being more particularly described by metes and bounds as follows: COMMENCING from the most Southerly Southeast corner of Corrigan North, as recorded in Volume 15, Pages 109 and 110, of the Plat Records of Brazoria County, Texas, said point being in the Northerly line of F.M. 518, (100 foot right-of-way) and the easterly line of Anthony Drive; THENCE along the said Easterly right-of-way line of Anthony Drive, N 00° 14' 52" E. a distance of 100.00 feet to a point for corner; THENCE continuing along Anthony Drive N 040 04' 13" W, a distance of 81.94 feet to the PLACE OF BEGINNING: THENCE continuing N 00° 14' 52" W, a distance of 327.38 feet to a point for corner; THENCE N 35° 44' 36" E, along the Southerly line of said Corrigan North, a distance of 1025.17 feet to a point for corner in the Westerly right-of-way line of Woody Road, (60 foot right-of-way); THENCE S 000 14' 36" E, along the said Westerly right-of-way line of Woody Road, a distance of 1280.77 feet to a point for corner; THENCE S 89° 43' 53" W, a distance of 337.57 feet to a point for corner; THENCE N 45° 16' 07" W, a distance of 140.60 feet 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. This Ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST READING this fog dajo A.D., 1978. ATTEST: Assistant City Secretary Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL READING »islarrN ` / , A.D., 1978. ATTEST; City Secretary Mayor, City of Pearland, Texas day of APPROVED AS TO FORM: City Attorney, 'LOCATION NO. 55 TO: THE HONORABLE MAYOR AND CITY COUNCILMEN CITY OF PEARLAND I HEREBY REQUEST AN AMENDMENT -TO THE LAND USE ORDINANCE N0. 246 AS DESCRIBED BELOW: 1. OWNER'S NAME: Frank Barringer, Trustee 2. OWNER'S MAILING ADDRESS: 801 Dumont South Houston. Pea 3. OWNER'S TELEPHONE NUMBER: 944-2111 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED): 11.4 Acres out of tract 9 10 of the Mastersons Subdivision of the H. T. S B. RR Company Survey A.237 Peariand, Braznria Conway, maxac 5. PRESENT LAND USE DESIGNATION: PD 6. PROPOSED LAND USE DESIGNATION: R-2 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) R-2 Single-family residental Homesites, average lot size (70' x 105') GR Duplex Unit lots. average lot sizes (70' x 103') 8. APPLICABLE FEE: $ $73.00 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 VOCATION OF ABUTTING STREET OR STREETS. (G) S►ke- EXHIBIT "A" X X X DATE: March 20, 1978 April 26, 1978 Mrs. Dorothy L. Cook City Secretary P.O. Box 1157 Pearland, Texas 77581 Re: Amendment to Land Use Ordinance No. 246. Dear Mrs. Cook: We would like to amend our original request to the Land Use and Urban Development Ordinance for the 11.4 acres out of Tracts Nine and Ten of the Mastersons Subdivision of the H. T. & B. RR. Company Survey, Abstract 237, Pearland, Brazoria County, Texas, to all R-2 single- family residential homesites, average size lots. I trust this meets with your approval, but should you have any questions, please don't hesitate to call me. FDB:eg Sincerely, icee�..�. Frank D. Barringer Trustee Corrigan North EXHIBIT "B" FIG LEAF THE JOURNAL "' P. O. BOX 81 FRIENDSWOOD, TEXAS 77546 482-2222 EXHIBIT "C" 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 h, 1978 , 1978 , 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 Marie Moore editor/publisher of The Journal, on this the 5th day of May 19 78 , to certify which witness my hand and seal of office. 11147 , 14° -go ` aoe[rm m the wunn[MOM, tenant's J 'A t- Aveeueten thereq@dtet Aaron r tenfl,-o S45'00100"W along the Nnrthweet right of wood City Hall, to consider resorting of a k 1 4 "- '" Tnetee, for an amendment to the Land Use". i. way hneo( F.M. Highway 528. • distance of,• - certain parcel of land from R 1 to C.I. said _ and Urban De elopmoot Ordinance of said .250.00 feet to a point for inner, THENCE property being located at Sunset Drive and - Ciy,fromd classification Planned Unit to R-2 N45'00'00"W, a distance -of feet to PM 528 and being moreparticularly de the P.C. of a curve; THENCE around said . 'scribed tun .. -y. ' rx folowmg deacnbed propony to -wit '-� Fw ,- tune to the right, hang * radios of 330 :- •<; r . NOTICEOP A PUBLICHEARINGBYTHH TnetA 5026eagu moreorlssout of .feet. a dance of 51836feet to the P.T.f DESCRIPTION OF A' 13.7312 ACRE rCITYCOUNCILOFTHE CITY OF *5.WDC`HdlG League Honey.Abatis* bs mnr, THENCE N15•0000"L,'a dta- e ` TRACT OUT OF THE SARAN MCRISSICK f; .f ,� , , 70 Yy' 1 x h ,anmof 6QT58feet m • pointfni con ;•LRACUE,TRIENBS SARA CALVESTON C= ' PEARLAND, TEXAS , s0* _ the Southwest right. of way line e( Su t Node. is hereby giran that on the 22nd„ T rn B-. 1 . 8. a oat of of As , is COUNTY TEXAS.,, d • 'et M 1,78, of .7:30 PM the Ct W.D.C. kJ313.38 aae'tiba ou[ (the " r,. ` r Drive; THENCE 545 21'35"E, Calong the " T' ,. y Southwest right of we, line of SvnsetD ` "'tiY. a d Dams theCies of.Peadavl,Bnaoria< W.D.C. Rall Sane0,*a..soore• v aarz • distance of 230.00 feet to the lace fSouthwest Beginningat (w intersectionSunset. 16o a d Hams Counties, er D „tilt d Pi,b a j th a C — 130 00 acme mo r / a nut -. ' P ' Southwo tnght of wql a fSunse+Drive P bra'Headag oeder -Uode+ed Pab5e'. o(thoW DlC HaD(w gus Saney`Ab tna _''' beginning, containing , 7620 saes men r wWO'ay sight of way) and the N rth west right ofj�t H gringo: of the regular: g rds b 2.4: 70 t, cs< ra�_ ,yv kt3 z ib ! F cam to -Market fl+ghwq 528 Co d: Room, Ciy 2335 N T , st Tract D e 2]-saw our of t6.T,- All intereatedp Hies wpTheve sa oPpo (lo)' sight of y); st ngbi fw Itne o T save: fo art amendment edmhe Laod the -- he- ,-Gtcenn Hey Ab tra ai ace„ erastated, t twiyt Pe k al the he4ng. ," 3 abog:.tDevo a6wen,cght 80f q line tee Developm.ntotdinanLa f said , At dUmawd be.r a'. .mated. y g +, Bobbie ea q Son t Owns, dunumE 545'•O2 f I to s) and Urtiin De elopmeot Ordinance of 19,,,, q.cen oy odes Wty o cndwg, ra nHT or; 3' ' Y^a Cley &satiny p t for THENCE S43•0U 00 rn Croy f oar da f U Plb fp+a g I P'.� g' . 6rT.ytof aalmg aetd k ' at?4f➢.reds ovd,.T.my hdista teofyag.isfeett.to*point for maser m + ld,R2Odedtvmp LatP°854 din a�`i98. TR iBAoLidwuE-- :_.:..�..v.(..i�...>av_wc..,..3as5. a.yd_,.�u �seSF.i-a.PJi. (MediumDensity' Single Funny) on the r',"-.