Ord. 0246-045 05-22-78ORDINANCE NO. 246-45
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, Jerry W. Rawls and wife, Dorothy D. Rawls, William Koenig, Jr.
and wife, Joyce Koenig, and Cluster 0. Scott and wife, Barbara E. Scott, as owners
of property, filed December 21, 1977, 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 28th day of February, 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 13th day of March, 1978, the Planning and Zoning Commission
of the City, submitted their report and recommendation to the City Council regarding
the proposed amendment application of Jerry W. Rawls and wife, Dorothy D. Rawls,
William Koenig, Jr. and wife, Joyce Koenig, and Cluster O. Scott and wife, Barbara
E. Scott, whereby they recommended and approved a change of classification for
the properties described in Exhibit "A", from their existing classification of
Planned Unit to Commercial in part; 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 April 17,
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 of Ordinance No. 246; and
WHEREAS, a public hearing was held on the application of Jerry W. Rawls
and wife, Dorothy D. Rawls, William Koenig, Jr. and wife, Joyce Koenig, and Cluster
0. Scott and wife, Barbara E. Scott, by the City Council at its special meeting
held on April 17, 1978; and
WHEREAS, Cluster 0. Scott and wife, Barbara E. Scott, as owners of Lot
5 of the Elton J. Davis Subdivision submitted a letter withdrawing their property
and names from the requested application, said letter being attached hereto and
made a part hereof for all purposes, as Exhibit "C", thereby resulting in a revised
application being filed on April 28, 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 revised application of Jerry W. Rawls and wife, Dorothy
D. Rawls, and William Koenig, Jr. and wife, Joyce Koenig, 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 Jerry W. Rawls and
wife, Dorothy D. Rawls, and William Koenig, Jr. and wife, Joyce Koenig, and
presently classified as Planned Unit is hereby for all purposes changed and re-
classified as Commercial in part:
Lots one, two, three, four, six, and seven of the Elton J.
David Subdivision out of the West 10.15 acre Tract Sixty -
One of the HT $ BAR Section Four survey, Abstract 543,
located in Brazoria County, Texas, according to the Plat
thereof recorded in Vol. 9, Pages 131 F, 132 of the Plat
Records of Brazoriz County, Texas, and further described
by metes and bounds as follows:
BEGINNING at the intersection of the South right-of-way line
of Scott Lane and the East right-of-way line of Woody Road;
THENCE South along the Easterly right-of-way line of Woody
Road a distance of 113.66 feet. This point being the Place
of Beginning of this property description.
THENCE East across Lots 1, 2, 3, and 4 a distance of 504.07
feet to a point. This point also being in the Easterly
right-of-way line of Lot 4;
THENCE South 7° West a distance of 200 feet to a point. Said
point being the Southwest corner of Lot 5;
THENCE East along the South line of Lot 5 a distance of 125
feet to a point;
THENCE South 7° West along the East line of Lot 7 a distance of
135.4 feet to a point. Said point being the Southeast corner
of Lot 7;
THENCE North 89° 56' West along the South line of Lot 7 a
distance of 427 feet to a point;
THENCE North across Lot 7 a distance of 135.4 feet to a point;
THENCE West along the North boundary line of Lot 7 a distance of
202.07.ft. Said point also being in the East right-of-way line
of Woody Road;
THENCE North along the East right-of-way line of Woody Road a
distance of 200 feet to 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
A. D., 1978.
ATTEST:
day of
Mayor, City of Pearland, Texas
City Secretary
PASSED AND APPROVED ON SECOND AND FINAL READING this A2_ day of
ATTEST:
City Secreta
APPROVED AS TO FORM:
Mayor, City of Pearland, Texas
City Attorney
VoTi;NG RECORD: CRDIN `Et NO.
FIRST READING: (Date) c / 72
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City Eeetetary
APPLICATION NO. 51-revised
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: Mr. Jerry W. Rawls; Mr. William Koenig,
2. OWNER'S MAILING ADDRESS:J.W. Rawls 4816 Scott Ln., Pearland, Tex. 77581
3. OWNER'S TELEPHONE NUMBER: Rawls: 485-4636• Koenig-485-2264
4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED)
(DESCRIBE FROM DEED): All included,
Lots one (1), Two (2), Three (3), Four (4), Six (6),.And Seven (7),
Of the Elton J. Davis subdivision out of the west 10.15 acre Tract
Sixty -One (TR 61) of the HT & BRR.Section Four (4) survey,.Abstract 543,
Located in Brazoria County,Tx., According to the Plat thereof recorded in
Vol. 9, Pgs. 131 & 132 of the Plat Records of Brazoria County, Tx.
5. PRESENT LAND USE DESIGNATION: P U
6. PROPOSED LAND USE DESIGNATION: In part - Commercial - see attached
Plat Map
7 PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY)
Rawls -lots 1,2,3,4,&6 (in part) to be used for. fabrication's welding.
Light structural steel.
Koenig -lot 7 (in part) Future us of automobile repair shop.
8. APPLICABLE FEE:
Pre -paid Application #32 of 9-27-76
-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.
(f)
EXHIBIT "A"
DATE: REVISED 4-28-78
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EXHIBIT "B"
THE STATE OF TEXAS
BRAZORIA
COUNTY OF
Before me, the undersigned authority, a Notary Public in and for
said State and County, on this day personally appeared
Tnhr '4 Ycnr
, 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:
•
March 23 , 19 7 8
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 du uthorized person.
By
SWORN TO AND SUBSCRIBED before me by the said
John M. Moore
editor/publisher of The Journal, on this the 14.th day of
1978 , to certify which witness my hand and seal of office.
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