Ord. 509-055 10-24-94FAX (713) 485-8764
October 31, 1994
c/o City of Pearland
3519 Liberty Dr.
Pearland, Texas 77581
Re: Rezoning of a parcel of land presently zoned Commercial
to R-3 (Residential) near the intersection of Sunset Meadows
Dr., formerly Nasawood Dr. and F. M. 518, Brazoria County,
Pearland, Texas.
Dear Mr. Burdine,
Regarding the property referenced above it is my understanding
the property has passed its first reading by the City Council.
It is my request to delay the second and final reading until
further notice to proceed with the rezoning.
Thank you for your cooperation in this matter. Should you have
any questions please do not hesitate to contact me. We will
continue to keep you informed.
Sincerely,
Kent Ballard
Benton/Bland Interes s
ORDINANCE NO. 509-55
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE
OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY
LOCATED IN SUNSET MEADOWS SUBDIVISION FROM CLASSIFICATION
GENERAL BUSINESS DISTRICT (GB) TO SINGLE FAMILY DWELLING
DISTRICT (R-3) AT THE REQUEST OF KENT BALLARD, AGENT FOR
DAVID H. SCHULTZ, OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Kent Ballard, agent for David H. Schultz, owner,
filed on September 16, 1994, an application for amendment pursuant
to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the
land use as provided for in said Section 28, said property being
legally described in the original application for amendment
attached hereto, and made a part hereof for all purposes, as
Exhibit "A"; and
WHEREAS, on the 10th day of October, 1994, 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 thereto and made a part hereof for all
purposes, as Exhibit "B", said call and notice being in strict
conformity with provisions of Section 28.3 and 28.4 of Ordinance
No. 509; and
WHEREAS, on the llth day of October, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of Kent Ballard, agent for David H. Schultz, owner,
whereby the Commission recommended and approved a change of
classification for the property described in Exhibit "A" from its
existing classification of General Business District (GB) to Single
Family Dwelling District (R-3); and
WHEREAS, upon receipt of the report from the Planning and
Zoning Commission, the City Council considered this application,
and concurred with the recommendation of the Planning and Zoning
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Commission, at a regular meeting on October 24, 1994; 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 Kent
Ballard, agent for David H. Schultz, owner, facts were presented
which, in the judgment of the City Council, 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, and presently
classified as General Business District, (GB) is hereby for all
purposes changed and reclassified Single Family District (R-3):
A parcel of land containing 4.4255 acres (192,776 square feet)
more or less out of that certain tract conveyed by George A.
Bofysil, Trustee, to the Resolution Trust Corporation, as
receiver for Continental Savings by deed recorded under County
Clerk's File No. 94007356, official records, Brazoria County,
Texas, and out of that tract conveyed by the Dow Chemical
Company to Continental Oil Company by deed recorded in Volume
1379, Page 960, Deed Records, Brazoria County, Texas, said
4.4255 acre tract being in the James E. Perry and Emily Austin
League, Abstract No. 111, Brazoria County, Texas,and being
more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod on the
northwesterly corner of Riverwalk, Section Two, according
to the plat thereof recorded in Volume 16, page 219-220,
Map Records, Brazoria County, Texas, said iron rod being
on the northeasterly corner of that certain tract
conveyed by George A. Bofysil, Trustee, to Loomis
International, Inc. by deed recorded in Volume 1354, page
309, Deed Records, Brazoria County, Texas;
THENCE, N 45° 00' 32" W, along the northwesterly line of
the said Riverwalk, Section Two, a distance of 1191.71
feet to a set 5/8 inch iron rod being the POINT OF
BEGINNING;
THENCE, N 590 35' 28" W, a distance of 388.32 feet to a
set 5/8 inch iron rod on the southeasterly line of the
George W. Jenkins Subdivision according to the plat
thereof recorded in Volume 2, page 20, Map Records,
Brazoria County, Texas;
THENCE, N 45° 00' 32" E, along the southeasterly line of
the said Jenkins Subdivision, a distance of 490.25 feet
to a set 5/8 inch iron rod;
THENCE, S 44° 59' 28" E, a distance of 264.83 feet to a
set 5/8 inch iron rod;
THENCE, along a curve to the right having a radius of
2035.00 feet through a central angle of 00° 23' 32" a
distance of 13.93 feet to a set 5/8 inch iron rod, said
curve having a chord which bears S 46° 08' 15" W, 13.93
feet in length;
2
THENCE, S 44° 59' 33" E, a distance of 230.49 feet to a
set 5/8 inch iron rod on the northwesterly line of
Neighborhood Service District A, Riverwalk, Section One,
according to the corrected plat recorded in Volume 17,
page 63-64, Map Records, Brazoria County, Texas;
THENCE, S 45° 00' 32" W, along the northwesterly line of
the said Neighborhood Service District A, a distance of
205.00 feet to a found 3/4 inch iron pipe on the
northwesterly corner of the said Neighborhood Service
District A, said iron rod being a northeasterly corner of
the Riverwalk, Sections One and Two according to the
amending plat thereof recorded in Volume 19, page 101-
102, Map Records, Brazoria County, Texas;
THENCE, N 610 00' 00" W, along a northerly line of the
said Riverwalk, a distance of 76.10 feet to a found 3/4
inch iron rod;
THENCE, S 69° 47' 38" W, along a northerly line of the
said Riverwalk, Sections One and Two, a distance of
110.00 feet to a found 5/8 inch iron rod;
THENCE, S 45° 00' 32" W, along a northwesterly line of
the said Riverwalk, Sections One and Two, a distance of
52.59 feet to the POINT OF BEGINNING and containing
4.4255 acres (192,776 square feet) of land more or less.
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.
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.
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.
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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.
VI.
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 2 of Ordinance No. 509, and
consistent with the approval herein granted for the
reclassification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on first reading this day of
oPe(. , A.D., 1994.
ATTEST:
PAT JONES,
CITY SEC
C. V. COP ER
MAYOR
PASSED and APPROVED on second and final reading this
day of , A.D., 1994.
4
C.V. COPPINGER
MAYOR
ORDINANCE NO. 509-55
ATTEST:
PAT JONES, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
AMY MOTES MCCULLOUGH
CITY ATTORNEY
5
EXHIBIT "A"
ZONING CHANGE APPLICATION
CHANGE REQUESTED:
SEP 1 6 1994
® Change in Zoning Classification 0 Specific UseoTy
iCITY c, 4 + ;^;;•S A
.LL.,....i i;E T At 3 i S OFFICE
ND
From: GB For:
To R3
O Change in Regulations in
Section
PROPERTY IDENTIFICATION:
Street or Road .Address: Sunset Meadows
Lot , Block , Addition
Tax If//'/'9
,LEGAL DESCRIPTION
Unplatted Land: (Must have survey & metes and bounds description)
See Attached Survey
i •,
RECORD OWNER: David H. Schultz
•1h_
vi ► ,••�
Houston, Texas 77025
• : • • .•• III . • ii
666-8095
LC -15
. - .
• A :
.•A
PETITION; As OWNER/AGENT, I hereby petition the City for approval of
the above described request as provide • by the laws of the
State of Texas and Ordinances of the it, ofrland
SIGNATURE: SIGNATURE:
OWNER
FEE: $ 9L5-0. DATE PAID: / ' ! '7 q
AGENT
RECEIVED BY
DATE FILED: q- APPLICATION NO. 11/g
EXHIBIT "B"
•
AFFIDAVIT OF PUBLICATION
Before me , the undersigned authority, ' on this day personally
appeared GLORIA BOIKE, Business Manager for THE JOURNAL, a
newspaper having general circulation in Brazoria County,
Texas , who being by me duly sworn , deposes and says that the
foregoing attached notice was published in said newspaper
on the following date (s) , to wit :
�`�` `ar��i)\.s� �\` \ 19 \
, 19
, 19
, 19
4.4i,tas, /..--04C. •
BUSINESS MANAGER
Subscribed and sworn to this
1 4 • day of o(_f)i'1' I f y;l O I
19 LH .
NOTICE OF A JOINT PUBLIC LEGALS
HEARIN F THE CITY C• NCIL
AND
THE P�.;4� G AND N',G 10th day of October 1994, at 7:00 1 •
COMMIS 1b pF THE C Y. P.M., the City Council and the `_1_ Y f �� i
PEAR D TEX Planning and Zoning Commission of
the City of Pearland, Brazoria and
Notice is hereby given that on the ` Harris; Counties,Texas,will conduct a NOTARY PUBLIC
Joint Public Hearing in the Council STATE OF TEXAS
_ — Room, City Hall, 3519 Liberty Drive,
^ ——-- o—• I Pearland Texas, on the request of
► Kent Ballard agent for David H. A parcel of land containing 4.4255
NIKKI KLEIN ► I Schultz, owner, for an amendment to acres (192,776 square feet) more
�� * Notary Public,State of Texas the Land Use and Urban or less out of that certain tract
Development Ordinance of said City conveyed by George A. Bofysil,
� /1 y My Commission Expires ► from Classification General Business trustee,-to the Resolution Trust
111,, 05/17/98 ► I GB)District to Single Family Dwelling Corporation, as receiver for
► (R-3) District on the following Continental Savings by deed
described property,to-wit: recorded under County Clerk's File
No. 94007356, official records,
• Brazoria County,Texas,and out of
At said hearing all interested parties that tract conveyed by the Dow
shall have the right and opportunity to ; Chemical Company to Continental
appear and be heard on the subject. Oil Company by deed recorded in
Volume 1379, Page 960, Deed
Pat Jones,TRMC Records,
cor s, Br5 acreara o be inx the
as,
City Secretary sJames E. Perry and Emily Austin
APPLICATION NO.48 League, Abstract No. 111,
Brazoria County, Texas (Sunset
1 Meadows Subdivision)
• `
T HU 9: 2 1 L E N T Z E N G I N E E R I N G
FIELD NOTES
FOR A
4.4255 ACRE TRACT
JAMES E. PERRY AND EMILY AUSTIN LEAGUE, A-111
BRAZORIA COUNTY, TEXAS
A PARCEL OF LAND CONTAINING 4.4255 ACRES (192,776 SQUARE FEET) MORE OR LESS OUT OF THAT
CERTAIN TRACT CONVEYED BY GEORGE A. BOFYSIL, TRUSTEE, TO THE RESOLUTION TRUST
CORPORATION, AS RECEIVER FOR CONTINENTAL SAVINGS BY DEED RECORDED UNDER COUNTY
CLERKS FILE NO. 94007356, OFFICIAL RECORDS, BRAZORIA COUNTY, TEXAS AND OUT OF THAT TRACT
CONVEYED BY THE DOW CHEMICAL COMPANY TO CONTINENTAL OIL COMPANY BY DEED RECORDED
IN VOLUME 1379, PAGE 960, DEED RECORDS, BRAZORIA COUNTY, TEXAS, SAID 4.4255 ACRE TRACT
BEING IN THE JAMES E. PERRY AND EMILY AUSTIN LEAGUE, ABSTRACT NO. 111, BRAZORIA COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 112 INCH IRON ROD ON THE NORTHWESTERLY CORNER OF
RIVERWALK, SECTION TWO, ACCORDING TO THE PLAT THEREOF RECORDED 1N VOLUME 16,
PAGE 219-220, MAP RECORDS, BRAZORIA COUNTY, TEXAS, SAID IRON ROD BEING ON THE
NORTHEASTERLY CORNER OF THAT CERTAIN TRACT CONVEYED BY GEORGE A. BOFYSIL,
TRUSTEE, TO LOOMIS INTERNATIONAL INC. BY DEED RECORDED IN VOLUME 1354, PAGE
309, DEED RECORDS, BRAZORIA COUNTY, TEXAS;
THENCE, N 45° 00' 32" W, ALONG THE NORTHWESTERLY LINE OF THE SAID RIVERWALK,
SECTION 2,A DISTANCE OF 1191.71 FEET TO A SET 5/8 INCH IRON ROD BEING THE POINT OF
BEGINNING;
THENCE, N 59° 35' 28' W, A DISTANCE OF 388.32 FEET TO A SET 5/8 INCH IRON ROD ON
THE SOUTHEASTERLY UNE OF THE GEORGE W. JENKINS SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 2, PAGE 20, MAP RECORDS, BRAZORIA COUNTY,
TEXAS;
THENCE, N 45° 00' 32" E, ALONG THE SOUTHEASTERLY UNE OF THE SAID JENKINS
SUBDIVISION A DISTANCE OF 490.25 FEET TO A SET 5/8 INCH IRON ROD;
THENCE, S 44° 59' 28' E, A DISTANCE OF 264.83 FEET TO A SET 5/8 INCH IRON ROD;
THENCE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2035.00 FEET THROUGH A
CENTRAL ANGLE OF OO° 23' 32" A DISTANCE OF 13.93 FEET TO A SET 5/8 INCH IRON ROD, SAID
CURVE HAVING A CHORD WHICH BEARS S 46° 08' 15" W, 13.93 FEET IN LENGTH;
THENCE, S 44° 59' 33" E, A DISTANCE OF 230.49 FEET TO A SET 5/8 INCH IRON ROD ON THE
NORTHWESTERLY UNE OF NEIGHBORHOOD SERVICE DISTRICT A, RIVERWALK, SECTION 1,
ACCORDING TO THE CORRECTED PLAT RECORDED IN VOLUME 17, PAGE 63-64, MAP RECORDS,
BRAZORIA COUNTY, TEXAS;
THENCE, S 45° 00' 32" W, ALONG THE NORTHWESTERLY UNE OF THE SAID NEIGHBORHOOD
SERVICE DISTRICT A DISTANCE OF 205.00 FEET TO A FOUND 3/4 INCH IRON PIPE ON THE
NORTHWESTERLY CORNER OF THE SAID NEIGHBORHOOD SERVICE DISTRICT, SAID IRON ROD
BEING A NORTHEASTERLY CORNER OF THE RIVERWALK SECTIONS ONE AND TWO ACCORDING
TO THE AMENDING PLAT THEREOF RECORDED IN VOLUME 19, PAGE 101-102, MAP RECORDS,
BRAZORIA COUNTY, TEXAS;
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P-1.-4- 4 T H U
9 : 23 LEHTZEHG I NEER I HG P . i@3
THENCE, N 61° 00' 00" W, ALONG A NORTHERLY UNE OF THE SAID RIVERWALK A DISTANCE OF
76.10 FEET TO A FOUND 3/4 INCH IRON ROD;
THENCE, S 69° 47' 38" W, ALONG A NORTHERLY UNE OF THE SAID RIVERWALK, SECTION ONE
AND TWO, A DISTANCE OF 110.00 FEET TO A FOUND 5/8 INCH IRON ROD;
THENCE, S 45° CO' 32"W, ALONG A NORTHWESTERLY LINE OF THE SAID RIVERWALK, SECTION
ONE AND TWO, A DISTANCE OF 52.59 FEET TO THE POINT OF BEGINNING AND CONTAINING
4.4255 ACRES (192,776 SQUARE FEET) OF LAND MORE OR LESS.
ALFRED E. LENTZ, R.P.L.S. #2413