Ord. 0246-015 05-24-76ORDINANCE NO. 246-15
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 PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, 'Dr J. R. Deterlegand,et'aras ownersof property,
filed March 4, 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 here-
to, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 30th day of March, 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 8th day of April, 1976, the Planning
and Zoning Commission of the City, submitted their report and
recommendation to the City Council regarding the proposed amendment
application of Dr. J. R. DeKerlegand,et'aiwhereby they recommended and
approved a change of classification for the properties described
in Exhibit "A:, from their existing classification of General
Business to Commercial; 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 loth, 1976 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 "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
Dr. J. R. Delerlegand, by the City Council at its regular meeting held
held on May 10, 1976;
WHEREAS, the City Council having fully heard the testimony
and agrument of all interested parties, and having been fully advised
in the premises, finds that in the case of the application of Dr.
Kerlegand;;eealtacts 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 owner being
/and
Tor. J_,R. DeKerlegand,et.al,resently classified as General Business is
hereby for all purposes changed and re-classified as Commercial
12.791 acres of land situated in Tracts C & D of a Subdivision
of the A. C. H. & B. Survey, Section 1, Abstract 147,
said Subdivision being recorded in Vol. 2, Page 1 of the
Plat records of Brazoria County, Texas, and being more
particularly described by metes and bounds as follows:
BEGIN at a 3/4"iron pipe in the East line of Galveston
Avenue, said point being the Northwest corner of Tract D
of said Subdivision of Section 1, A. C. H. & B. Survey,
Abstract 147, Brazoria County, Texas, for the Northwest
corner of the herein described survey and also the place
of beginning;
THENCE North 89"deg. 46 min. 31 sec. East along and with
the North line of said Tract D a distance of 360.00 feet
to an iron rod for corner;
THENCE South a distance of 100.00 feet to an iron rod for
corner;
THENCE North 89 deg. 46 min, 31 sec, East a distance of
492.40 feet to an iron road for corner;
THENCE North 00 deg. 54 min. 17 sec. East a distance of
100.00 feet past the North line of Tract D and continue
on same course for a total distance of 263.24 feet to an
iron pipe in the South West line of State Highway 518 for
corner;
THENCE South 56 deg. 48 min. 20 sec. East along and with
the Southwest line of State Highway 518 a distance of 65.52
feet to an iron rod for corner;
THENCE South 00 deg. 05 min. 21 sec. East a distance of
878.17 feet to an iron rod in the North line of Walnut
Street for corner;
THENCE South 89 deg. 52 min. 35 sec. West along and.
with the North line of Walnut Street a distance of 60.0
feet to an ironrod for corner;
THENCE•North 00 deg. 05 min. 21 sec. West a distance of
208.0 feet to an iron rod for corner;
THENCE South 89 deg. 52 min. 35 sec. West a distance of 416.0
feet to an iron rod' for corner;
THENCE South 00 deg. 05 min. 21 sec. East a distance of
208.0 feet to an iron rod' in the North line of Walnut
Street for corner;
THENCE South 89 deg. 52 min. 35 sec. West along and with
the North line of Walnut Street a distance of 436.75 feet
to an iron rod'. in the East line of Galveston Avenue for
corner;
THENCE North along and with the East line of Galveston Avenue
a distance of 750.0 feet to the place of beginning.
Said tract contains 12.791 acres of land.
II.
The City Secretary is hereby directed to cause to be
prepared an amendment 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 /0 day of
0,7
AT TE ST4
City Secret
Y
, A. D. 1976.
64)
)27P Q.,
Mayor, City of Pearland, Texas
PASSED AND APPROVED ON SECOND AND FINAL reading this
cam.
day of
, A. D. 1976
Ulf "-)ic AIL
Mayor, City of Pearland, Texas
ATTEST:,
City Secretary
c
A( LOCATION NO. Z
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:
OWNER'S NAME:
&alba+ 141
OWNER_'S MAILING ADDRESS: 3,2i
OWNER'S TELEPHONE NUMBER: Ley .
LEGAL DESCRIPTION OF THE PROPERTY:(ATTACH COPY OF DEED)
(DESCRIBE FROM DEED):
PRESENT LAND USE DESIGNATION:. -
2
PROPOSED LAND USE DESIGNATION: Ocu,�t-s.,.v eS
PROPOSED LAND USE WITHIN REQUESTED DESIGNATION:
(DESCRIBE FULLY
644/6,
8. APPLICABLE FEE: $
9. SUBMITTAL INFORMATION: (MUST BE ATTACHED TO THIS APPLICATION)
(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.
166 • "e 60-Le_44J_
DATE: 3/gf76 OWNER
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. FRANKLIN , being known
to me, and being by me first duly sworn, upon his oath deposes and says:
that he is the iniiimpublisher of bagels 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:
April 22
, 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
regalia for the SUN PROGRESS on this the 22d
day of April
witness my hand and seal of office.
L.S.
19 76
, to certify which
Notary aboo in.and. fo�RIA
Commission Expires 10-6-77
OP
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above steeds- Me.City. Cmnx
will haawz' allnevidance:•
cemind : Meld adwisapility
amendinasaid,Ordinanat. -.
also von hear'. allevidence
pratat'te dm- amendsdn► `.
said Ordinenis_am ayra<, -;: r-'"
..,
Printer's Fee: $7.70
EXHIBIT "B"