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Ord. 0246-018 07-12-76ORDINANCE NO. 246-18 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, ?CNOWN 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, Tommy G. Hamby and wife, Rosemary Hamby, as owners of property, filed April 21, 1976, 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 May, 1976, 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 May, 1976, the Planning and Zoning Commission of the City, submitted their report and recommendation to the City Council regarding the proposed amendment application of Tommy G. Hamby and wife, Rosemary Hamby, whereby they recommended and approved a change of classification for the properties described in Exhibit "A", from their existing classification of Planned Unit to Light Industrial (M-1); 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 14, 1976 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 Tommy G. Hamby and wife, Rosemary Hamby, by the City Council at its regular meeting held on June 14, 1976; 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 Tommy G. Hamby and wife, Rosemary Hamby, 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, record owners being Tommy G. Hamby and wife, Rosemary Hamby,.and'presently classified as Planned Unit is hereby for all purposes changed and re-classified as Light Industrial (M-1): Being 2-1/2 acres out of the East 1/2 of Lot or Tract 47, Section 4, H. T. & B. R. R. Company Survey, Abstract No. 543, Brazoria County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot or Tract 47; THENCE in a Westerly direction along the South boundary line of Lot or Tract No. 47 a distance of 994.7 feet to a point for corner; THENCE in a Northerly direction along a line parallel with the East most boundary line of said Lot or Tract 47 a distance of 123 feet to a point for corner; THENCE in an Easterly direction along a line parallel with the South most boundary line of Lot or Tract No. 47 a distance of 99.4 feet to a point in the East boundary line of Lot or Tract 47 for corner; THENCE in a Southerly direction along the East most boundary line of Lot or Tract 47 a distance of 123 feet to the PLACE OF BEGINNING; and being a part of the same land described in that certain deed dated June 7, 1957, and recorded in Volume 688, on page 174 of the Deed Records of Brazoria County, Texas. 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. III. This ordinance shall become effective after its passage and approval upon second and final reading. PASSED AND APPROVED ON FIRST reading this , A. D. 1976. ATTEST: City Secreta day of 1 Mayor, City of Pearland, Texas PASSED AND APPROVED ON SECOND AND FINAL reading this /;7 day of „Air_ ATTEST: City Secretary , A. D. 1976. Mayor, City of Pearland, Texas APPROVED AS TO FORM: APPLICATION FOR CHANGE IN LAND USE 4. At 'CATION NO._,_ 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': Tommy G. Hamby and wife, Rosemary Hamby 2. OWNER'S MAILING ADDRESS: 4909 Mistletoe, Pasadena, Texas 77505 3. OWNER'S TELEPHONE NUMBER: 487-1009 4. LEGAL DESCRIPTION OF THE PROPERTY: (ATTACH COPY OF DEED) (DESCRIBE FROM DEED): 2-1/2 acres out of East 1/2 of Lot or Tract 47, Section 4, HT&B RR Co. Survey, Ab. No. 543, Brazoria County, Texas, and being more fully described in Exhibit "A" attached, hereto. . PRESENT LAND USE DESIGNATION: PU (Planned Unit) 6. PROPOSED LAND USE DESIGNATION: M-1 (Light Industrial) 7. PROPOSED LAND USE WITHIN REQUESTED DESIGNATION: Machine Shop' (DESCRIBE FULLY) 8. APPLICABLE FEE: $55.00 9. SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION) *See attached letter from Glenn M. Chaney, Attorney at Law PLOT PLAN DATE: (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. rc) s,toPig d April 21, 1976 EXHISI^ "A" Being 2-1/2 acres out of the East 1/2 of Lot or Tract 47, Section 4, HT&B RR COMPANY SURVEY, Abstract No. 543, Brazoria County, Texas, and being more fully described by metes and bounds as follows: BEGINNING at the Southeast corner of Lot or Tract 47; _HE.. - _n _. , : sbe- _ clirflr.l.ion along; the South boun,Llary line of Lot or Tract.7 a of 994.7 feet to a point for corner; distance THENCE in a Northerly direction along a line parallel with the East most boundary line of said Lot or Tract 47 a distance of 123 feet to a point for corner;. 'THENCE in an Easterly direction along a line parallel with the South most boundary line of. Lot or Tract No. 47 a distance of 994.7 feet to a point in. the East • boundary line of Lot or Tract No. 47 for corner; • THENCE in a Southerly direction along the East most boundary line of Lot or Tract 47 a distance of 123 feet to the PLACE OF BEGINNING; and-being.a part of the same land described. in that certain deed dated June 7, 1957, and recorded in Volume 688, on page- 174 of the Deed Records of Brazoria County,"Texas. EXHIBIT "A" EXHIBIT "A" AFFIDAVIT OF PUBLICATION 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 E, F. FRANICIN , being known to me, and being by me first duly sworn, upon his oath deposes and says: that he is the e txr-publisher of Legais for the SUN PROGRESS a newspaper of general circulation published in BRAZORIA County, Texas: that a copy of the attached notice was published in the English language in said newspaper on the following dates: May 27 , 19 ...76 , 19 19 19 , 19 , 19 A copy of such notice being attached hereto and expressly made a part of this affidavit of publisher or other duly authorized person. E. F. FRANKLIN By• SWORN TO AND SUBSCRIBED before me by the said E. F. FRANKLIN , publisher of Legals for the SUN PROGRESS on this the 27th day of May witness my hand and seal of office. L. S. , 19 76 , to certify which J-< Notary Puji.1c in and for BRAZORIA A1AQy / 'e7-2rvk cy, • - published May25, 1976 "3 NOTICE. OF -A PUBLID% NEARING.:, BY THE CITY( COUNCtLOF. PEARLAHD,1 Notice is hereby given that% on the loth day of June; 1976, ati 7:30 PM, the City: Council of the City of Pearland, Brazdtia and ::Harris..Counties,,: Texas, will conduct a Public Nearing, under' ..Docketed. ' Public! Hearings of the 'regular% Council agenda intheCouncill Room, City Hall, 2335 N. Texas; Avenue, Pearland,-.--Texas ord the request of.Tommy Hamby, 4909 Mistletoe, -Pasadena,', Texas,for an amendment tot the Land Use and Urban: Development Ordinance :ofl Said City,from classification Planned .,Unit (PU) to .Light) Industrial._. (M-1) on the; following described property.{ to -wit: 2-1/2 acres out of East:1/2 ofl lot or tract 47, Section 4, H.T.& B. R. R. Co. Survey, Abstract No. 543,-Brazorla County,$ Texas. At such time and place as; above stated, the City Council! of the City of Pearland wilt hearall evidence concerning the advisability of amending. said Ordinance,. and also will hear all evidence in protest to the amendment of said Or- dinance a `-' Corothy L. Cook; City Secretary,'. Printer's Fee:-:-$9,10 EXHIBIT "B"