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Ord. 0246-044 05-22-78 FailedFAILED 5/22/1978 ORDINANCE NO. 246-44 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 QF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. WHEREAS, John C. Dyess, et al, as owner of property, filed February 7 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 -Exhibit "A"; and WHEREAS, on the 28t day of February, 1978, a public hearing was held,. pursuant to the call of t e ' •auncil, before the Planning and Zoning Commission of the City of Pearland, T as 1 in acc•.dance with the provisions of Article IV, Section 10-2 (4) an, 5) . �' d' an -o. 24., and WHEREAS, on the 13th day of March, '78, the Planning and Zoning. Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of John C. Dyess, et al, whereby they recommended and approved a change of classification for the prop- erties described in Exhibit "A", from their existing classification of Planned Unit to M-1 (Light Industrial); and WHEREAS, upon pceipt 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 (6) of Ordinance No. 246; and WHEREAS,a public hearing washeld on the application of John C. Dyess, et al, by the City Council at its special meeting held on April 17, 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 John C. Dyess, et al, 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 John C. Dyess, et al, and presently classified as Planned Unit is hereby for all purposes changed and re-classified as M-1 (Light Industrial: The East a of East 1 of Northwest 4 of Northwest 4of Section 12, H. T. & B. R.R. Company, Survey, Abstract 508, Brazoria County, Texas, containing 10 acres more or less and being same tract conveyed to James M. Reese and wife, Emma, by deed recorded in Volume 1056, Page 284, Deed Records of Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGIN at a point in the North line of said Section 12, F. B. Drake Survey, Abstract 508, Brazoria County, Texas, from which point the Northwest corner of said Section 12 bears West a distance of 990.0 feet for the Northwest corner of the herein described 10 acres of land and also the place of beginning; THENCE East along and with the North line of said Section 12 a distance of 330.0 feet to a point for corner; THENCE South at a distance of 30.0 feet pass an iron rod in the South line of a graded road and continue on same course for a total distance of 1,320.0 feet to an iron rod for corner; THENCE West a distance of 330.0 feet to an iron rod for corner; THENCE North at a distance of 1,290.0 feet pass an iron rod in the South line of said graded road and continue on same course for a total distance of 1,320.0 feet to the PLACE OF BEGINNING. Said tract contains 10 acres of land. 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 READINGthis A. D., 1978. ATTEST: day of Mayor, City of Pearland, Texas City Secretary PASSED AND APPROVED ON SECOND AND FINAL READING this , A. D., 1978. ATTEST: City Secretary APPROVED AS TO FORM: day of Mayor, City of Pearland, Texas VOTING RECORD: ORDINANCE NO.r FIRST ia.4. _D,,i G: (Date) 0 /9 97 AYES: COUNCILMEN EN -1-Ar • I •aick. n NOES: SECOND R II 'L3: {)rage) City Ati$b eVOUNCILMEN A NOES: City Secretary ,o: 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:- John C. Dyess, Michael Allen Dyess, John Glynn Dyess 2. . OWNER'S MAILING ADDRESS: 5126 Bosworth Street, Houston, Texas 77017' 3. OWNER'S TELEPHONE NUMBER: 643-8172 4. LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED) (DESCRIBE FROM DEED) : The East 1/2 of East 1/2 of Northwest 1/4 of North- west 1/4 of Section 12,H.T.&B.R.R. co., Survey, Abstract 508, Brazoria Coutny,. Texas, containing 10 acres more or less and being same tract conveyed to James M. Reese and wife, Emma by Deed Recorded in Volume 1056, Page 284, Deed Records of Brazoria County, Texas. PRESENT LAND USE DESIGNATION: P.U. 6. PROPOSED LAND USE DESIGNATION: M-I Light Gemme-ia1 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: (DESCRIBE FULLY) Sale of new and used pipe and tubing - storage cleaning and brushing new and used pipe - mechanically Shop for maintenance and storage also office space. 8. APPLICABLE. FEE: 70.00 . ••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. • LG) ..DATE: 2/7/78 SIT EXHIBIT "A" • As..Plo Magnolia Street :J (Z P. O. BOX 81 FRIENDS1A1000, TEXAS 77546 482-2222 EXHIBIT "B" • THE STATE OF TEXAS BRAZOR1A COUNTY OF Before me, the undersigned authority, a Notary Public in and for said State and County, on this day personally appeared John M. Moore . , being known tb 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 Brazoria County, Texas; and that a copy of the attached notice was published in said newspaper on the following dates: March 23 19 78 p 19 p 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 thesaid John M. Moore th . editor/publisher of The Journal, on this the 14'day of N . 19 78 to certify which witness my hand and seal of office. ezitJA./ 01-141