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
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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
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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
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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.
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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
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Exhibit "B"
Location Map
Ordinance No 2000M -75
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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