Loading...
Ord. 2000M-0075 2011-02-28ORDINANCE NO. 2000M -75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY, LOCATION BEING A TRACT OF LAND APPROXIMATELY 61.217 ACRES LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING A PORTION OF THAT CERTAIN CALLED 155.4029 ACRE TRACT (DESIGNATED AS PARTITION NO. 5) OF RECORD IN VOLUME (91) 880, PAGE 476, OFFICIAL RECORDS OF BRAZORIA COUNTY (B.C.O.R.) AND FILE NO. R840236, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.); AND BEING 56.233 ACRES OF LAND LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS MORE PARTICULARLY BEING A PORTION OF A CALLED 181.6209 ACRE TRACT CONVEYED TO SUE ALEXANDER MORRISON, BY INSTRUMENT OF RECORD IN VOLUME 1596, PAGE 93, DEED RECORDS OF SAID BRAZORIA COUNTY DEED RECORDS, AND FILE NO. H178351, OFFICIAL PUBLIC RECORDS OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.); AND BEING 12.810 ACRES OF LAND LOCATED IN THE DERRIL H.M. HUNTER SURVEY, ABSTRACT 36, HARRIS COUNTY, TEXAS, MORE PARTICULARLY BEING ALL OF THAT CERTAIN CALLED 12.597 ACRE TRACT CONVEYED TO CLEAR BROOK CITY MUNICIPAL UTILITY DISTRICT, BY AN INSTRUMENT OF RECORD IN FILE NO. U800015, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF SAID HARRIS COUNTY (H.C.O.P.R.R.P.). (ZONE CHANGE APPLICATION NO. 2011 -01Z), GENERALLY LOCATED EAST OF PEARLAND PARKWAY, NORTH OF PROPOSED HUGHES ROAD, AND EAST OF CLEAR CREEK, AND REFERRED TO AS PROPOSED THE PRESERVE AT CLEAR CREEK SUBDIVISION, FROM SINGLE FAMILY ESTATE DISTRICT (R -E), TO SINGLE FAMILY RESIDENTIAL -1 (R -1), AT THE REQUEST OF KERRY R. GILBERT AND ASSOCIATES, APPLICANT, PROVIDING FOR AN AMENDMENT OF THE ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Kerry R. Gilbert and Associates, applicant, filed an application for amendment to Ordinance No. 2000M, the Zoning Map of the City, for approval of a change in the zoning district from Single Family Estate District (R -E) to Single Family ORDINANCE NO. 2000M -75 Residential -1 (R -1) said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A ", and more graphically depicted in the vicinity map attached hereto and made a part hereof for all purposes as Exhibit "B "; and WHEREAS, on the 17th day of January, 2011, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given 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 provisions of Section 1.2.2.2 of Ordinance No. 2000T; and WHEREAS, on the 17th day of January, 2011, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed zone change application by the City of Pearland, applicant and owner, whereby the Commission recommended approval of the change of classification for the described property from its existing classification of Single Family Estate District (R -E) to Single Family Residential -1 (R -1), said recommendation attached hereto and made a part hereof for all purposes as Exhibit "D "; and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on the 17th day of January, 2011; 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 Kerry R. Gilbert and Associates, applicant, presented which, in the Page 2 of 5 Ord No 2000M -75 ORDINANCE NO. 2000M -75 judgment of the City Council, would justify the approval of said application; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Single Family Estate District (R -E) to Single Family Residential -1 (R -1), in accordance with all conditions and requirements of the current Unified Development Code and incorporated for all purposes, such property being more particularly described as: 61.217 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of that certain called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91) 880, Page 476, Official Records of Brazoria County (B.C.O.R.) and File No. R840236, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.); and being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas more particularly being a portion of a called 181.6209 acre tract conveyed to Sue Alexander Morrison, by instrument of record in Volume 1596, Page 93, Deed Records of said Brazoria County Deed Records, and File No. H178351, Official Public Records of said Harris County (H.C.O.P.R.R.P.); and being 12.810 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook City Municipal Utility District, by an instrument of record in File No. U800015, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.). Section II. The City Council of the City of Pearland finds and determines that the recitations in the preamble hereof are true and that all necessary prerequisites of law have been accomplished and that no valid protest of the proposed change has been made. The City Council further finds and determines that there has been compliance with the mandates of law in the posting and presentation of this matter to the Planning and Zoning Commission and to the City Council for consideration and decision. Page 3 of 5 Ord No 2000M -75 ORDINANCE NO. 2000M -75 Section III. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. Section IV. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section V. All rights and remedies, which have accrued in the favor of the City under this Ordinance and its amendments thereto, shall be and are preserved for the benefit of the City. Section VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Zoning District Map of the City, pursuant to the provisions of Section 2.3.2.2 of Ordinance No. 2000 -T and consistent with the approval herein granted for the reclassification of the herein above described property. Section VII. This Ordinance shall become effective after its passage and approval on second and final reading. Page 4 of 5 Ord No 2000M -75 ORDINANCE NO. 2000M -75 PASSED, APPROVED, and ADOPTED on First Reading this 14th day of February, A.D., 2011. '/ a TOM EID MAYOR ATTEST: vy SECRETARY i1 PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of February, A.D., 2011. ATTEST: C,Jj �rA "L gTUNG Y S , T MC `H �'_ RETARY 'li APP VED AS TO FORM: D RRIN M. COKER CITY ATTORNEY 4`2" TOM REID MAYOR Page 5 of 5 Ord No 2000M -75 Exhibit "A" Application Ordinance No. 2000M -75 ZONE CHANGE APPOCATION Page t of S u"atad Jane mio) t- City of Pearland comm35LiYelive APPLICATION FOR 23 Liberty D A CHANGE IN ZONING Pe(Community ' Center) s 291- 652 -1768 201- 652 -1702 tax www.cityoffisartaad cm Current Zoning Distric/:____ yy� ` E Proposed Zoning District:, IL 1 Property Information: Address or General Location of Property -Of w! he(, 94 TaxACCOun1No. ¢O�}�PiOt70QOC1, — NARR/1 COV.y7.... ` �YTCT15'�IIe1 a2M A complete application must include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION. NAME SONN /-t t- E %A++06,C, f—A M /IL �P NAMES 1t1S'i'-1 5,h44 Veffti P.C9ii� 'Property owner must be the current owner of the propeny at the time of submittal of the applrcatwn.. and not the patty that has the property under contract. As owner and applicant, i hereby request approval of the above described request as provided for by the Unified Development Code of the ity of Pearland. Owner's Signature Date : %a D(o a640 _ APPLICANTIAGENT INFORMATION: ADDRESS P. t7 t3ox �a7 Ct'h'r �ARtAttg STATE T�_ZIP. �7 S"5'Q PHONEi as►_i �f8a^ of `ff7 FAxt a s! > �aa- 4f'tt "� E- MAILADDRESS.�B/1t�ytA,+o�CQ ADt,tort Agent's/Applicant's 1 PAID: . IwaRESS- 3sc�f C:rreo'(2a.�eftC3fw! f4_? r� ><x' CITY �Ft'fN STATE TX ZIP /`T `t E-MAIL AODRESS 11�fM1 {Q�t t'! o� �(i . t:17w'1 Date: - -42, 4410 Law Lfrishnarao, Director Planning Department 3523 Laberty Drive Pearland, Texas 775$1 Rl : Reaone application request - owner authorization (Dear Urn, t, f e4}xa£r - rA/ rrt y j. C' owner of property located north of pmp osed Hughes Road and east of Clear Creek. do authorize Kerry R Gilbert & Assnc -, Inc. to be our agent and to file the anwhed rezone request application on our behalf. Sincerely. /� yy pyyyy i�r"(*3 -!-! CHANGE AVPnjLICAIWit�lPage A CHANGE INS Z NiN Currant Zoning District: Proposed Zoning District: , s. Properly Information; / 1 Address or General Location of Propeily /V jl.r"-!- (3tir'An1 IJ. "� <jy� Tax Account No. Subdivision:_.._... _ _ _ tot Block A complete application must include all information shown nn the Application Checklist attached to this application. PROPERTY. OWNCR INFORMATION: APPLIGANTIAGGNT ENFORMATION: "Property toner must be the cuh?5nl Owaner of the prnpedy at the lime r t srrhmitlnl W the application, and not the party trial has the prgjiurly undertantrart As ownarand applicant, i htmeby irquei,st approval of the above described request as provided far by the Unified Duveiraprnent Code of the Gity of Pdgriand Owners Signature'_ _.. _ Date Agent s /Apliiir�rnl s Sglnatuter.- Date °., h � OFFrre USE ONLY: _ I -__ FEES OATiS R- E E{ REt CEtV Elff PAID: � PAID; _ ._.. � W NlffglCiER: . ._ Art alication No ---. ...._...__ _. _...,.1 I Ma AMM, Moor Planning DqYarlim-ift 3523 Libefiv Di6,k, PeMM, lKah 71591 RL (t CY11110 Rj)j)H0jk0Jl leql[Ol M of pqnncd f Wow% foul am! A I lar I Ank A =Hbrria—Ke"y IR Gilho I & Avwk On iv he ocri ji-i" dl d ni nk Ow 04k bvd it wquo ! Dirl, [Idiah, S&COVV, Dec 15 10 11:07a (2811 485 -2456 ZONE CHANGE APPLICATION Page 1 of 5 Updated June 2010) City of Peartand APPLICATION FOR Comm 353�UbertV Drive A CHANGE IN ZONING Pearland,Texasi77581 281 -552 -1766 281 -652 -1702 fax wwM1V.cityolpea dand.com Current Zoning District: ` Proposed Zoning District: Property Information: p.2 Address or General Location of Property: 7V 0 r--4- t" pf pry 2secX Hw he s `L�, Tax Account No. Subdivision: Lot: _ A complete application must Include all information shown on the Application Checklist attached to this application. PROPERTY OWNER INFORMATION: NAME 5LAp ii- , Lt lra.n,&A A.*y 1- Std,^ ADORESS S PehG. CrY61e- CITY f}'DU24VV% STATE TT )CZIP ids FAX(___ __ ) E -MAIL ADORESS APPLICANTiAGENT INFORMATION: NAME Ch r i 5hi�j✓I?i( V -fN 7,(Jrlll Y. ADDRESS 3 SO ( Ci�'1 'U' l �kYX' �4 6Fy W -z CITY VZI(� STATE,. 7 ZIP PHONE(Zf3�) 57et-07,C(C) FAX(Zipl ) 5 -i4�' `2'Z .I Z t��,.,. E -MAIL ADDRESS 1,-4"d >6%k1 �� a , Wit'I 'Property owner must be the current owner of the property at the time of submittal of the application, and not the party that has the property under contract As owner and applicant, 1 hereby request approval of the above described request as provided for by the Unified Development Code of the City of Pearland. Owner's Signature: 'SGT ��` Data Agent's/Applicant's Signature: Date: 1 BY: Aoolication No. Dec 15 10 1.1:08a Lout, Krishnf ran„ Direetoi Planning. Department 1523 Liberty Drive Puirland,'Fexm 77581 RE: Rezone application rdyuest - awnor authexiz.adou Dour Lata. C2811 '485 -7456 p..3 north of proposed flughos Rood and east of C "tear Crook, do tttahon-/:C Kea'ry K, Gilboa-( &, Assoc, Imc. in he. our apont wed tai file Owl wlo diod m7one reetne st ttppIication nn ourbehalf_ ��.W._..� v.ii4.L'f.(u.^"n�r LEN "��L, i�,� /L�Z1C✓'L.*(.L.�C'JS'^'��K -+ Date:-) a September 10, 2010 Job No. 1406.2902 DESCRIPTION OF 56.233 ACRES Being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of a called 181.6209 acre tract conveyed to Sue Alexander Morrison (aka Susie Alexander Morrison), by instrument of record in Volume 1596, Page 93, Deed Records of said Brazoria (B.C,D.R,) and File No. w1178351, Official Public Records of said Harris County (H.C.O.P.R.R.P.), said 56.233 acres being more particularly described by metes and bounds as follows tall bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83, 2001 adjustment); BEGINNING at a 1/2 -inch iron rod found marking the north corner of said 181.6209 acre tract; the east corner of that certain tailed 100,154 acre tract conveyed to A & G Creekside No. 1, LLC, by Instrument of record in File No. W890013, H,C.0,P.R,R.P., on the southwesterly line of that certain called 4.4162 acre tract conveyed to the County of Harris and the City of Houston, by instrument of record in File No. J653244, ti:C.OP.R.R.P, and on the common . survey line of said Derrii KM, Hunter Survey and the H.T. &B.R.R. Survey, Abstract 410, from which a 112 -inch iron rod found marking the north corner of Partition No. 3 as referenced in said Volume 1596, Page 93, B.C.D.R. and File No. H178351, H.C.O;P.R.R,P. and on said common survey line, bears North 480 16'49' West, 877.41 feet; Thence, with the northeasterly line of said 181.6209 acre tract and with the northeasterly tine of said Derril H.M. Hunter Survey, South 480 18'55" East, at 80.03 feet pass a 112 -inch iron rod found to be 0.16 feet left, at 802,46 feet pass a 112 -inch iron rod found to be 0.35 feat left and continuing in all a total distance of 877.81 feet to a 5/8 -inch iron rod with plastic cap stamped ' LJA EW set marking the east corner of said 181.6209 acre tract, the north corner of that certain called 155.4029 acre tract (_designated as Partition No. 5) of record in Volume (91)880, Page 476, Official Records of Brazoria County (B,C.O.R.) and File No. 8840236,. H.C.O.P.R.R.P., portions of said 155,4029 acre tract being conveyed to John Alexander Family Limited Partnership, by instruments of record in File No's 8840238, RB40239, 8840240 and Y450671, H,C.O.P.R,R.P., and on the southwesterly line of Clear Brook Meadows Sec. 4, a subdivision of record in Film Coda No. 521100, Map Records of said Harris County; Page 1 of 3 iAProl dskl \SURVEYV1406\29031M &elhughes tracts north 56.233so,doo 56,233 acres September 10, 2090 Job No, '1406 -2002 Thence; with the common line of said 181,6209 and 165,4029 acre tracts, South 41° 40' 04" West at 2,750.00 feet pass a 518 -Inch iron rod with ,plastic cap stamped "LJA ENG" set for reference and Continuing with said common line In all a total distance of 2,929,10 feet to a point for corner on the centerline of Clear Creek, same being on the common county line of said Harris and Brazoria Counties; Thence, with the centerline of said Clear Creek and with said common county line, the following six (6) courses: t) North 01° 35'26" West, 48;50 feet to a point for corner; the beginning of a curve; 2) 309,71 feet along the arc of a tangent curve to the left, having a radius of 300.00 feet, a central angle of 59° 09' 03" and a chord which bears North 31° 09' 68" West, 296.14 feet to a point for corner; 3) North 60° 44'30" West, 20.11 feet to a point for corner, the beginning of a curve; 4) 191,03 feet along the arc of a tangent curve to the right, having a radius of 350,00 feet, a central angle of 31' 16' 17" and a chord which bears North 45° 06' 21" West, 188.66 feet to a point for corner; 5) North 290 28'13" West, 364,20 feet to a point for corner; 6) North 220 18' 370 West, 10.00 feet to a point for corner on the northerly line of said 181,6209 acre tract, same being the south corner of the aforementioned 100.154 acre tract from which a 518 -Inch iron rod found marking the east corner of The Lakes at Highland Glen Section Six, a subdivision of record in Document No. 2009022028, Official Public Records, of said Brazoria County bears South 41 °40' 04" West, 164.07 feet; Page 2 of 3 I: qP rajdskl %SURVEY\14O5 \29631M &SlhUghes tracts north 56.233ac.doc 56.233 acres September 10, 2010 Job No. 1406 -2902 Thence, with the common line of said 181.6209 and 100.154 acre tracts, North 410 40, 04" East, at 178.21 feet pass a 5!8 -inch iron rod with plastic cap stamped "LJA ENG" set for reference and continuing with said common line in all a total distance of 2,678,21 feet to the POINT OF BEGINNING and containing 56,233 acres of land. This description prepared from a survey and plat prepared by the undersigned dated September 10, 2010. 6 LJA Engineering & Surveying, Inc, Keith W. Monroe Registered Professional Land Surveyor a Texas Registration No. 4797 Page 3 of 3 W. rojdsk1 \SURVEY\1406\2903 \M&8 \hughes tracts nodh 56.233mdoc F a�S4d ua, °i FwK��� 5A ,.: �„„� _ Ni y j ktl"ar - 3P yi+s� t 3r bas Rtl.J_vi 4��Fn$P� � J N55A_f °.. r• iq EYA,a 4 � � � w w el Sld:. J 3k9 d` i S: ggr i '�; g sg 1 sx� 'U 4 S 1 to 5 ® � kgiAe 3 §3v � S9 � Y3YS. d � p I 4 September 10, 2010 Job No. 1406 -2:902 DESCRIPTION OF 61.217 ACRES Being 61,217 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of that certain called 155,4029 acre tract (designated as Partition No. 5) of record in Volume (91)880, Page 476, Official Records of Hrazore County (B.C.O.R.) and Fife No. R840236, Official Public Records of Real Property of said Barris County (H.C.O.P.R.R.P.), portions of said 155.4029 acre tract being conveyed to John Alexander Family Limited Partnership, by instruments of record in File No's 8840238, 8840239, 8840240 and Y450671, H.C.O.P.R,R.P., said 61.217 acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83, 2001 adjustment); COMMENCING for reference at a 112 -inch iron rod found marking the north corner a called 181.6209 acre tract (designated as Partition No. 4) conveyed to Sue Afexander Morrison (aka Susie Alexander Morrison), by instrument of record Volume 1596, Page 93, Deed Records, of said Brazoria County (B.C.D.R,) and in File No. H178351, H.C.O;P.R.R.P., the east corner of that certain called 100.154 acre tract conveyed to A & G Creekside No. 1, LLC, by instrument of record in File No. W890013, H.C.O.P.R.R.P., on the southwesterly line of that certain called 4.4162 acre tract conveyed to the County of Harris and the City of Houston, by Instrument of record in Fife No. J653244, I-I.C.O,P,R.R.P. and on the common survey line of said Derril H.M, Hunter Surrey and the H.T. &S,R.R. Survey, Abstract 410, from which a 112-inch iron rod found marking the north corner of Partition No. 3 as referenced in Volume 1596, Page 93, B.C.D,R. and File No, H178351, H.C.O,P.R.R,P. and on said common survey line, bears North 460 16' 49" West, 877.41 feet; Page 'I of 4 1:1Praldski %SURVEY \1406129021M &e\hughas tracts south 61.2170c,doc 61.217 acres September 10, 2010 Job No. 1406 -2902 Thence, with the northeasterly line of said 181;6209 acre tract and with the northeasterly line of said Derril H.M. Hunter Surrey, South 480 18' 65" East, at 80.03 feet pass a 1/2 -inch iron rod found to be 0.16 feet left, at 802.46 feet pass a 1/2 -inch iron rod found to be 0.35 feet left and continuing in all a total distance of 877.81 feet to a 5 18 -inoll iron rod with plastic cap stamped "LJA ENG" set marking the east corner of said 181.6209 acre tract, the north corner of the aforementioned 155.4025 acre tract, on the southwesterly line of Clear Brook Meadows See,. 4, a subdivision of record in Film Code No. 521100, Map Records of said Harris County and the POINT OF BEGINNING; Thence, with the common line of said 155,4029 acre tract and said Clear Brook Meadows Sec, 4 and continuing with the northeasterly line of said Derril H,M, Hunter Survey, South 48" 18' 55" East, at 44,34 feet pass a found 518 -inch iron rod with plastic cap (unreadable), at 349.62 feet pass a 5/8 -inch iron rod with plastic cap stamped "S&V SURVEYING" found 0,37 feet left and continuing in all a total distance of 519.97 feet to a 5/8- Inch iron rod with plastic cap stamped "LJA ENG" set marking the south corner of said Clear Brock Meadows Sec. 4, same being the most northerly corner of that certain called 12.507 acre tract conveyed to Clear Brook City Municipal Utility District, by Instrument of record in File U800015, H.C.O.P.R.R.P., from which a 1 1/2- iron pipe found making the most northerly northeast corner of said 1.2.597 acre tract bears South 481 18' 55" East, 160,00 feet; Thence, with the northeasterly line of said 12.597 acre tract, the following three (3) courses: 1) South 41° 40' 26 ' West, '130.00 feet to a 5/8 -inch iron rod with plastic cap stamped "LJA ENG" for corner, from which a found 60-D nail bears North 24°02' 57" West, 0.48 feet; 2) South 006 52' 53" East, 337.44 feet to a 5/8 -inch iron rod with plastic cap stamped "LJA ENG" for corner; Page 2 of 4 I:Projdski \SURVEY \1406\2002 \M &e \hughes tracts south 61.217ac.doc 61.217 acres September 10, 2010 Jab No. 1406 -2902 3) South 410 40' 04" West, at 3,400.00 feet pass a 518 -inch iron rod with plastic cap stamped "1-JA ENO" set for reference and continuing in all a total distance of 3,597.14 feet to the most westerly south corner of said 12.597 acre tract, same being on the centerline of Clear Greek and on the common county line of said Harris and Brazoria Counties; Thence, with the centerline of said Clear Greek and with said common county line, the following nine (9) courses: 1) North 43" 40' 06" West, 6,35 Peet to a point for corner;. 2) North 52° '14'53" West, 53.62 feet to a point for corner, the beginning of a curve; 3) 244,50 feet along the arc of a tangent curve to the right, having a radius of 262.00 feet, a central angle of 53° 28' 10" and a chord which bears North 25` 30' 48" West, 235.73 feet to a point for corner; 4) North 01' 13' 17" East, 263':94 feet to a point for - corner, the beginning of a curve; 5) 345.41 feet along the arc of a tangent curve to the right, having a radius of 575.-00 feet, a central angle of 349 25' 05" and a chord which bears North 18° 25' 49" East, 340.24 feet to a point for corner; 6) North 35° 38" 22" East, 26.64 feet to a point for corner; 7) North 51 ° 35'08" East, 153.74 feet to a point for corner, the beginning of a curve; 8) 106.73 feet along the arc of a tangent curve to the left, having a radius of 115.00 feet, a central angle of 530 '10' 34 " and a chord which bears North 24° 59' 51 East, 102,94 feet to a point for corner; Page 3 of 4 1:1 PrcidsklkSURVEY114Oi3u9O21M &S1hughes tracts south 61.2178c.doc 61,217 acres September 10, 2010 Job No. 1406-2902 9) North 01° 35' 26" West, 298,53 feet to a point for corner an the common line of the aforementioned 155.4029 and 181.6209 acre tract, same being the east corner of that certain called 39,50 acre tract conveyed to Musgrave - Grohman Ventures, Ltd., by instrument of record in Doc. No, 2004027202, Official records of said Brazoria County; Thence, with the common line of said 155.4029 and 181.6209 acre tracts, North 41' 40' 04" East, at 179.10 feet pass a 5/8 -inch Iron rod with plastic cap stamped "L1A ENG" set for reference and continuing with said common line in all a total distance of 2,929,10 feet to the POINT OF BEGINNING and containing 61.217 acres of land. This description prepared from a survey and plat prepared by the undersigned dated September 10, 2010, Keith W. Monroe Registered Professional Land Surveyor Texas registration No. 4797 LJA Engineering & Surveying, Inc. Page 4 of 4 I:\Projdski \SURVEY \1406 \2902\M &B\htrghes tracts south 61.217acAoc tl 99 µ 9 t1wc c "3" all }�}'�yi9yah. h 5 PYi -p�lA '4 41.J ik !R All tt Z ti4 q s J ! (tl j IT ire S d � ig�Z�gEsX & j�3 k ea � Ifil ez a5 m &iSY�i➢� �� ��5e 2. i1 �1�� October 21, 2010 Job No. 1406 -2909 DESCRIPTION OF 12.810 ACRES Being 12.810 acres of land located in the Derril H.M. Hunter Survey, Abstract 85, Harris County, Texas„ more particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook City Municipal Utility District, by an instrument of record in File No, U800015, Official Public Records of Real Property of said Harris County (H.C.O.P.R,R,P.), said 12.810 acres being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 83, 2001 adjustment); BEGINNING at the north corner of said 12,597 acre tract, same being the south corner of Clear Brook Meadows Sec. 4, a subdivision of record in Film Code No. 521100, Map Records of said Harris County (H.C,M,R.) and on the common survey line of said Derril H.M. Hunter Survey and the George McDougal Survey, Abstract 564; Thence, with the northeasterly line of said 12.597 acre tract and with said common survey line, South 48° 18' 55" East, 160.00 feet to a point for corner; Thence, with a easterly line of said 12.597 acre tract and leaving said common survey line, South 06° 40' 21" West, 345.54 feet to a paint for corner on the common survey line of said Derril H.M. Hunter Survey and the Thomas J. Green Survey, Abstract 290 and on the common line of said 12.597 acre tract and the northwesterly line of Allison- Richey Gulf Coast Home Cc. Part of Suburban Gardens (Section "G "), a subdivision of record in Volume 4, Page 48, H.C.M.R.; Thence, with said common survey line and with said common line, South 41° 40' 04" West, 3,706.52 feet to the south corner of said 12.597 acre tract, same being on the common line of said Harris County and Brazoria County and on the centerline of Clear Creek; Thence, with said common county line and said centerline, the following three (3) Courses; Page 1 of 2 I:\Proidsk1 \SVRVEY\1406\29a91M &B \clear brook ditch 12.810ac,dae 12,810 acres October 21, 2010 Job No. 1406-2909 1) North 330 17'40" West, 73.58 feet to a point for corner'; 2) North 43° 40' 06" West, 59,13 feet to a point for corner; 3) North 43° 40' 00" West, 6,35 feet to the west corner of said '12,597 acre tract; Thence, with the northerly lines of said 12.597 acre tract, the fofiowing three (3) courses; 1) North 41 ° 46'07" East, 3,586.63 feet to a point for corner; 2) North 000 52'53" West, 337.44 feet to a point for corner; 3) North 41' 40'26" East, 130,00 feet to the POINT OF BEGINNING and containing 12.810 acres of land, LJA Engineering & Surveying, Inc, Page 2 of 2 I:IProldekl lSURVEYk140F�?9091M &e \clear brook ditch 12,810ac,doc g 001125 'ON 3403 IN713 � b 730. 9MG0V3W .' ®� 3{GdN9 HV37J >^u cT h99 d 'ftarl.r.rt; 7uGndda {q a6anAa I� N W aW %n or AS V 'Beuvlg_ �_.. N � 1' tlfi2 Y 'haninS uawp 1' svw.nyy' O w r ��- ° d �y ,eAgu�uy flyH 7c✓ au •,JI ¢ Ua >i WZOUa e€�` fX x Z CC g Cid Q.ww H a ° 7 a°ja@ d U) ¢. U)LI.� 1 J P W I"'Ql.r_dXQ .d 41 a+ N o, W ,rye. J CI U7 "T . F."Ql.l Ul CL 0Z _ Y <ozz wn 0~0 0 rb W! U)Q Li JI- Ir- =U)Wmq 0 JLL)�LL M j .d. cl).. W ..IQ t7J ^ ll7Dn) ,C ¢ 0CIU1 QZ �IJ JV� ¢.j�U �.�1� J �g.zv lJ S u fir' •W, �r Lr. I V z! ^'I 1 y v G Y> a J It V an m pp U I` bf: tiry r� x 1 la S y.d i V 8 Op ary �o M m 6 0 N m P rn IA M t*'b lq c J ° n �I°n ravoo 0 Z tS Ift rI rt) O - Jin u°iz oa ,U. -rum*r In ror i V 8 Op ary �o i .- t ti �4 4� + 4 0 Vicinity Map - Pearland, TX Planning purposes only -Not survey grade. K E R R Y R. 6 I L B E R T B A 6 6 0 C I A T E 6, 1 K C, Land Planning Ccraficnts RE: Rezone application for Preserve at Clear Creek — RE to R -1 Dear Lata, On behalf of Beazer Homes, Kerry R. Gilbert & Assoc., hie. submits a rezone application for the Preserve at Clear Creek, a ±130 acres located north of proposed Hughes Road and east of Clear Creek. The Preserve at Clear Creek consists of 3 separate tracts: 12.8 acres, 61.2 acres, and 56.2 acres. Beazer Homes is in the process of purchasing each parcel. The intent of the request is to change the zone designation from RE to R -1 which will allow us to then request the Cluster Development Plan. Included is this package is the overall exhibit and description for the Cluster Development Plan. Enclosed is the following information: • Application form/Owner Authorization forms, • Metes and Bounds description and a survey of each parcel, • Tax Certificate for each parcel, • City of Pearland parcel map of site, • Description of our request for Cluster Plan • Overall Exhibit, • A CD with a copy of the above information Also, we are aware that a sign will need to be posted on the site 10 days prior to the application appearing before the Planning & Zoning Commission. Please contact me if you need any futther information or have any questions. w;,' r Christy B. Smidt Planner Enclosure cc: Dan Olson, Beazer Homes Greg Coleman, Beazer Homes 23501 Clnco Ranch 81vd. State A -250 Katy, Texas 77494 December 16, 2010 (281)579.OW Fax (281) 579-8212 randplan®krga.com Lata Krishnarao, Director Planning Department, City of Pearland 3523 Liberty Drive Pearland, Texas 77581 RE: Rezone application for Preserve at Clear Creek — RE to R -1 Dear Lata, On behalf of Beazer Homes, Kerry R. Gilbert & Assoc., hie. submits a rezone application for the Preserve at Clear Creek, a ±130 acres located north of proposed Hughes Road and east of Clear Creek. The Preserve at Clear Creek consists of 3 separate tracts: 12.8 acres, 61.2 acres, and 56.2 acres. Beazer Homes is in the process of purchasing each parcel. The intent of the request is to change the zone designation from RE to R -1 which will allow us to then request the Cluster Development Plan. Included is this package is the overall exhibit and description for the Cluster Development Plan. Enclosed is the following information: • Application form/Owner Authorization forms, • Metes and Bounds description and a survey of each parcel, • Tax Certificate for each parcel, • City of Pearland parcel map of site, • Description of our request for Cluster Plan • Overall Exhibit, • A CD with a copy of the above information Also, we are aware that a sign will need to be posted on the site 10 days prior to the application appearing before the Planning & Zoning Commission. Please contact me if you need any futther information or have any questions. w;,' r Christy B. Smidt Planner Enclosure cc: Dan Olson, Beazer Homes Greg Coleman, Beazer Homes Development flan Description Preserve. at Cleat Creek. ±131 Acres Lean 0 /irrdent a�,,�la�reerr,� FFae c /rrrlrrt deu�;ln�v�ar�t8 we�a4er� in ctataa /.,, .rpssz��irr,�,Aro�ora�/ueea, �parijae aJ�area6x'�aa of �8a� sine, .rejsrr��r�onfiare o f'�uzlaTift�;r, asna9rae ula�arun6et�er�rr of Flac�rrofraw'Aj�, rand azrsy nt0�rt• srrrcoe rrryai Paa�orsrankdais. On behalf of Beater Homes, Kerry TL Gilbert 8s Assoc., Inc.; submits to the City ofPearland a CClustei Developinent Flan for single- firmily development 01. " ±'I i l acres. The location of the subject property is north of fixture Hughes Road, east of Clear Creek and west of the Cleat: Brook Meadows neighl a laood. The property is inapacted by flu existence of a 130' drainage Glitch along the southeast boundary and Proposed Hughes Road, Cleat Creek, and the floodplain and floodway associated with. Clear Creek. The northeast boundary is also the City of Pearland City Limit lvae: The preservation of large open space areas associated with the floodway and Soodplain of Clear Creek ate the basis for the request to the C;lustex .Development ;Zone. 'The Cluster Development Zone, encourages the development of considerable open space and park areas. This plan includes approximately 49 acres of green space, including a series of packs and pedestrian trails. 'Ihe base. zone for the property is 11 -1 which regcrires lot sizes of 8,800 square feet. Rowever, to allow for more flexibility and variety in the lousing product offered in this neighborhood and to tsaaxnnize the park space and open space areas, a plan bayed on density would be better suited to this small neighborhood_ The maximum density related to the. RA zoning category is 3.2 unite per gross acre. This would allow For up to 400 lots to be developed on thais property. Lot sizes proposed, but not .livaited to, are 55'xl20', 65'x120; and 75'x120'. Lot sizes will depend upon nnarket dernwid and other hot sizes maybe introduced, however, the overall density will not exceed the itnaximiun 3.2 units per acre. Access to the development, will come from the proposed Hughes Road, 'The pninaty entryway crosses over an existing 1.30' wide drainage ditch situated between the development and Hughes Road. Hughes Road will be constructed fronn Pearland Parkway to the entty toad. Secondary access will occur in the future oath a connection to an existing local street, Azute Brook Lane, Located within the Clear Brook subdivision, The design of the neighhof.hood will incorporate several different lot sizes to anllm" for variety of housing types and price points. The plaza incoa portates several park areas and Leak along with Cleat C;te:ek, as shown on the Open Spice Exlaibit, Proposed open space areas include an Entry Park (0.8 acres), Linear Park (19.7 acres), Recreation Center Park (1.7 acres), a Parl;. area (0.5 acres) and dctemion / drainage areas (34,7). The existing 130' wide drainage channel is currently owned by Cleat Brook MUD However, Beazer flonaes is in the process of purchasing die channel from the MUD and .i:mprovitag the channel with a linear park trail. The trail will provide. pedestrian access along the front of the devc loptaaent to the eastern boundary where the 4.5 acre park area is proposed. The trail will meander along the ditch with a six (6) foot wide sidewalk; '.races and benches will be provided and they will be spaced along the linear foot tiail. \! \! \` «! G! ialk� | CITY OF FEdHLdRD fat CUSIM RECEIPT N44 [tiler: CM TTY; OC 1 ver: 1 Date: 12/16!16 61 Receipt lint 72646 Descri'ptian O"Atit Aaanat gb iICdRU 1F 9,. ADJIiSTEEN75 go VJ 71-as nutter: ZME CRAM 1FIM RE 79 RI RED w OF PKPW E CLEAR CRM Tender detail DR inIs]T CA 5475.E W5, & Total tendered $475 16 Tn4.al payment Trans date: 12/1611,1 Tine: 1404:25 Issued To: ALEXANDER JOHN FAMILY LIMITED PARTNERSHIP PO BOX 127 PEARLAND. TX 77588 -0127 TAX CERTIFICATE r LEO VASQUEZ HARRIS COUNTY TAX ASSESSOR - COLLECTOR 1001 PRESTON AVE., SURE 100 HOUSTON, TEXAS 77002 Legal Description: TR2 ABST 36 D It M HUNTER Parcel Address: 0 BRAZCO LINE Legal Acres: $5.9800 Account Number: 040 -280 -000 -0006 �-" rdnt sate Ham2m : 0 Certificate Not 1 I5S7S4o Paid Date: Certificate Fee: $10.00 Issue Date: 1021/!010 Operator ID: RVA.SQUEZ TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE ALL ACCOUNTS ARE SUBJECT TO CHANGE PER SECTION ICIS OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTYRA VE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2004, TAXES THRU 2009 ARE PAID IN FULL. TAXES HAVE NOT BEEN CALCULATED FOR YEARISy. 2010. Re[ereace (GF) No: NIA Weed Br LEO VASQ E HARRIS COUNTY TAX ASSESSOR- COLLECTOR Dclitquem tax eMirwaec.Mrvl 6s Certified O"er: Exemption= ALEXANDER JOHN FAMILY LIMITED PARTNERSHIP PO BOX 127 PEARLAND . TX 77585.0177 Certified Tax Unit(s): 2009 Value: 88,054 40 Hans County 2089 Levy: $710,48 41 Harris Cmoory Flood Conuol Dist 2009 Levy Balance: $0.00 42 Pmt of 14 moa Authority 43 Ha is Cauuty, Hospital Diwict Prlor Year Levy Balance: 50,00 44 Hams County Dopt of Ednceaon 47 San Iaointo ColkOc District Total Levy Due: $0.00 P &I +Attorney Fee: 50.00 Total Amouat Duo. To.00 Re[ereace (GF) No: NIA Weed Br LEO VASQ E HARRIS COUNTY TAX ASSESSOR- COLLECTOR Dclitquem tax eMirwaec.Mrvl 6s Issued To: CLEAR BROOK UD CIO BOB LEAKED INTEREST 1 1111 KATY FWV STE 725 HOUSTON, TX 770794175 TAX CERTIFICATE ott ; LEO VASQUEZ HARRIS COUNTY TAX ASSESSOR- COLLECTOR 1001 PRESTON AVE—SUITE 100 HOUSTON, TEXAS 77002 Legal Description: TR 2B ABST 36 D H M HUNTER Parcel Address: 0 RRAZ CO LINE Legal Acres: it 95M Account Natn6er: 040 -280- 000 -11007 Print Date : 1a10121,2010 10121,2010 <_- Certificate No: 11557544 Paid Date: Cerifeate Fee: WDO Issue Date: 10212010 Operator iDt RVASQUEZ TAX CERTIFICATES ARE ISSUED WITH THE MOST CURRENT INFORMATIONAVAILABLE. ALL ACCOUNTS ARE SUILJE(TTO CHANGE PER SECTION 26.15 OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALLTAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2009. TAXES THRU 2009 ARE PAID IN FULL TAXES HAVE NOT BEEN CALCULATED FOR VEARIS): 2010. Reference (C V NIA issued LEO YASQ lot HARRIS COUNTY TAX ASSESSOR-ODLLECTOR Dclitqueat_Wx eenifnate, Mf v 1.63 Certified Owner. CLEAR BROOK UD Esrmptions: CIO BOB LEARED INTEREST TOTALLY EXEMPT I I I I t KATY FWY SIE 725 HOUSTON , IX 7 707 4 21 7 5 Certified Tax Uni(s): 2004 Value: 101.601 40 Harris County 2009 Levy: $0.00 4; Harris County Flood Corneal Dist 2009 Levy Balance: SO.00 42 Pon of Houston Authority 43 Harris County Hospital District Prior Year Levy Balance. $0,00 44 Harris County Dolt. ofEducstiou 47 San Jacinto College District Total Levy Due: SOHO P &I +Attorney Fee: SOMO Total Amount Due: sow Reference (C V NIA issued LEO YASQ lot HARRIS COUNTY TAX ASSESSOR-ODLLECTOR Dclitqueat_Wx eenifnate, Mf v 1.63 TAX CERTIFICATE CS LEO VASQUEZ HARRIS COUNTY TAX ASSESSOR- COLLECTOR 1001 PRESTON AVE., SURE 100 HOUSTON, TEXAS 77002 Issued To- MORRLSON MRS SUE ALEXANDER 8 PINE BRIAR CIR HOUSTON, TX 77056 -1113 Lend Description: TR 2A ABST 36 D N M HUNTER Parcel Address: 0 BRAL( )OLINE Legal Acres: 5$.2300 Account Number: 040- 280 -000 -0003 Print Date ; 10,112010 Certificate No: 11557545 Paid Date: Certificate Fee: $1400 issue Date: 10/21/2010 Operator ID: RVASQUEZ TAX CERTOTCATES ARE ISSUED WITH THE MOST CURRENT INFORMATION AVAILABLE. ALL ACCOUNTS ARE SUBJECTTO CHANGE PER SECTION 26.1$ OF THE TEXAS PROPERTY TAX CODE. THIS IS TO CERTIFY THAT ALL TAXES DUE ON THE ABOVE DESCRIBED PROPERTY HAVE BEEN EXAMINED, UP TO AND INCLUDING THE YEAR 2909, TAXES THRU 2009 ARE PAID IN FULL TAXES HAVE NOT BEEN CALCULATED FOR YEARIS): 2010. itchreacaAwJ6!&w/- NIA CertWwd Ownert HARRIS COLMITV TAX ASSESSOR - COLLECTOR MORRISON MRS SUE ALEXANDER Exemptions: 8 PINE BRIAR CIR HOUSTON , TX 77056.1113 Certified Tax Unit(s): 2009 N'a1ur. 06.932 40 Hams County 2009 Levy: $701.39 41 Harris County Flood Control Div: 42 Pon of Houston Authority 2009 LLn-y Balance: S(too 43 Harris Couosy Hospital District Prior Year Levy Balance: S9.00 44 Hams County Dept. of Education 47 San Jacinto Culkge District Total Levy Due: $0.00 PBI+ Attorney Fee: $0.00 Total Amount Due: 50100 itchreacaAwJ6!&w/- NIA LEO YABQ HARRIS COLMITV TAX ASSESSOR - COLLECTOR fkiiopuen� tu_cMi!- teue.Mly 1.65 / � W a 0 L w a U d N `O M 00419 +0 ti >�Si 410 �O r- ti Exhibit "B" Location Map Ordinance No 2000M -75 1V LL 0 T i . T J - LSi N C. •_ W N z< �N / � W a 0 L w a U d N `O M 00419 +0 ti >�Si 410 �O r- ti Exhibit "C" Publications AFFIDAVIT OF PUBU%.t m Ordinance No 2000M -75 The Pearland Reporter News 2404 Park Avenue Pearland, Texas 77.581 State of Texas Brazoria and Harris Counties I, Lloyd Morrow, hereby certify that the notice hereby appended was published in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows: No. No. No. No. No. Date a' 2lq Date Date Date Date 20 /a 20 20 20 20 CFO Subscribe and sworn to before me this -___ '40 day of�� r 20� LAURA Al . NoTAF STATE My Commission Laura Ann Emmons, Publisher Notary Public, State of Texas Zdn c cAk" Ne �Ja D 6i l- o 12' Exhibit T" P &Z Recommendation Letter Ordinance No 2000M -75 P& Zoning Commission Recommendation Letter January 26, 2011 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change 2011 -01Z Honorable Mayor and City Council Members: At their meeting of January 17, 2011, the Planning and Zoning Commission considered the following: A request of Kerry R. Gilbert & Assoc., applicant, for approval of a zone change from the Single - Family Estate District (R -E) zone, to Single - Family Residential -1 (R -1) zone for (3) tracts of land including approximately 130 acres on the following described property: LEGAL DESCRIPTION: Legal Description: 61.217 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being a portion of that certain called 155.4029 acre tract (designated as Partition No. 5) of record in Volume (91) 880, Page 476, Official Records of Brazoria County (B.C.O.R.) and File No. R840236, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.); and being 56.233 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas more particularly being a portion of a called 181.6209 acre tract conveyed to Sue Alexander Morrison, by instrument of record in Volume 1596, Page 93, Deed Records of said Brazoria County Deed Records, and File No. H178351, Official Public Records of said Harris County (H.C.O.P.R.R.P.); and being 12.810 acres of land located in the Derril H.M. Hunter Survey, Abstract 36, Harris County, Texas, more particularly being all of that certain called 12.597 acre tract conveyed to Clear Brook City Municipal Utility District, by an instrument of record in File No. U800015, Official Public Records of Real Property of said Harris County (H.C.O.P.R.R.P.). General Location: East of Pearland Parkway, north of proposed Hughes Road, and east of Clear Creek, and referred to as proposed The Preserve at Clear Creek subdivision. Page 1 Discussion regarding the proposed future Cluster Plan and it's definition in the UDC, and other options such as a Planned Development or straight zoning, as well as concerns of density in R -1 zoning, traffic, and completion of Hughes Road ensued. Following this discussion, Commissioner Richard Golden made a motion to approve the zone change and the motion was seconded by Commissioner Neil West. The vote was 5 -0 and the motion passed. The zone change was recommended for approval. Sincerely, Harold Ellis, Senior Planner On behalf of the Planning and Zoning Commission Page 2