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Ord. 509-704 04-26-04ORDINANCE NO. 509-704 AN ORDINANCE OF THE CITY COUNCIL 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 LOCATION BEING 39.50 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY AS RECORDED IN VOLUME 1596, PAGE 93 OF THE BRAZORIA COUNTY DEED RECORDS; AND 83.83 ACRE TRACT OF LAND BEING OUT OF THE D.H.M. HUNTER SURVEY, ABSTRACT 76 AND THE H.T.&B.R.R. COMPANY SURVEY, ABSTRACT 233, BEING A PORTION OF THE SAME 181.6209 ACRE SURVEY RECORDED IN VOLUME 1596, PAGE 93 OF THE SAME BRAZORIA COUNTY DEED RECORDS (APPLICATION NO. 1156) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO PLANNED UNIT DEVELOPMENT (PUD) AT THE REQUEST OF PAUL GROHMAN, AGENT FOR SUE MORRISON, 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, Paul Grohman, Agent for Sue Morrison, Owner, filed on February 16, 2004, 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 applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 15th day of March, 2004, 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 12th day of April, 2004, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by, Paul Grohman, Agent for Sue Morrison, Owner, 1 ORDINANCE NO. 509-704 whereby the Commission recommendation to deny for the change of classification for the property described in Exhibit "A" from its existing classification of Suburban Development District (SD) to Planned Unit Development (PUD); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on April 12, 2004; 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 Paul Grohman, Agent for Sue Morrison, Owner, presented which, in the 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: The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Suburban Development District (SD) to Planned Unit Development (PUD), such property being more particularly described as: 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as recorded in Volume 1596, Page 93 of the Brazoria County Deed Records; and 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T. & B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey recorded in Volume 1596, Page 93 of the Brazoria County Deed Records. 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 2 ORDINANCE NO. 509-704 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. 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 herein above described property. VII. This Ordinance shall become effective after its passage and approval on second and final reading. 3 ORDINANCE NO. 509-704 PASSED, APPROVED, and ADOPTED on First Reading this 12th day of Apri 1 , 2004. TOM REID MAYOR ATTEST: PASSED, APPROVED, and ADOPTED on Second and Final Reading this 26th day of Apri 1 , 2004. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 'COL1 9VID-C9tfb P.e APPLICATION FOR A CHANGE IN ZONING Please check one: ' Change in Zoning Classification from: f Specific Use Permit Request for (list c ramoning) to• (6s1 pro:cii'i (list propoa8d use) Property Information: Address:C t° /` i T% c� 1-[/ /1 Subdivision• Tax I.D. Number: Lot: City of Peerlonc1 Community Development 3519 Liberty Dtive Pearland, Texas 77581 281-652-1639 281-652.1702 fax www. ci. peattand.tx. us Block: " For unplatted property, attach a copy of the metes and bounds description" Current use of property (type of structures on property): Ore „ c hd Proposed use of property: _C.aar''/i aPi %?eSidAJr/- / It Ci"Me.Afx 01,' el i .:1?/ PROPERTY OWNER INFORMATION: APPLICANT/AGENT INFORMATION: NAME( tt.t.N k1YL. NAM ADDRESS ,9. it 1 I )3'rk ADDRESS _ '` 1 r CITY_?ThYkd STATE-15C 71P %%''J crrY / �.�q STA71=r'C 21 Z?..fif�. PHONE(__rj. ) PHONE( ) yix 9.2" 2 FAX( ) E-MAIL ADDRESS FAX(-2/ ) 2- 204& F-MAIL ADDRESS PETITION: As owner/agent. I hereby petition the City of Pearland tor approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which ! have requested the above checked action. 1 understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: . .. - % Date: g — 41 Agent's Signature: OFFICE USE ONLY: J�; / ov FEES PAID: I1(OO RECEIVED BY: Date: -21C 0e DATE PAID:_ a ' I Ui - O- APPLICATION NO.. / /5(, ii. 4\ ii c .44 ...ummuumpumuhm.w, My 01111 NI 111111111,4 0 g UMW • LI Ias es uniiipt. sli. ils. 4. 1 VW t4S m.o. map 01111ME NM MI MIMI I \/ q err. *Ai 4 A i 1 ow likt- r/le -44111111110010 nom aria* 11, Fr Mr Warn • r llart. • ..•�� • 1111 IIItLT4 ■ EA '.. LOCATION MAP Zone Change Application No. 1156 Owner: Sue Morrison/Paul Grohman East Side of Old Alvin Road, and on the North Side of Orange Street (SD - PUD) N W+EE s 0 500 1,000 Feet I'''I AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date 02' 45 - 20 No Date 20 No Date 20 No Date 20 No. Date 20 Subscribe and sworn to before me this 20 LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 ac day of 4;;; Laura Ann Emmons, Publisher Notary Public, State of Texas Published Feb. 25 & March 3, 2004 NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OFPEARLAND,TEXAS APPLICATION NO. 1156 Notice is hereby given that on March 15, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will• conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Paul Grohman, applicant for Sue Morrison, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development. District (SD) to Planned Unit Development (PUD), on the following described property, to wit: 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA COUNTY, TEXAS; BEING a 39.50 acre tract of land being,Qut of the D.H.M. Hunter Survey, Abstract ,76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordi- nates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in sur- face U.S. Survey Feet) as fol- lows: COMMENCING at a 1/2-inch iron rod, found as called, at 'the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at the point)as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the. north right-of-way of Orange Street (50 feet wide) as I described in a deed dated April 3, 1.991, from Sue Alexander Morrison to the City of Pearland, as recorded under Brazoria County Clerk's File No. (91) 910298, said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most south- westerly corner of said 181.6209 acre survey, above; THENCE, N 029 43' 44" W, along said easterly right -of - THENCE, N 879 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a 1/2-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. CO. Survey, Abstract 233 and the south- west line of said D.H.M. Hunter, Abstract 76; THENCE, N 419 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a dis- tance of 2,260.05 feet to a 5/8-inch iron rod with cap, set in the easterly right-of- way of Pearland Parkway (130 feet wide) for the POINT OF BEGINNING of the herein described tract, .occupying Texas State Plane Co-ordinates Y=13,775,871.35 and X=3,155,639.54;,. way line of Old Alvin Road, THENCE, N 41/ 39' 58" E, a distance of 374.87 feet to continuing along said a 1/2-inch iron rod, found as Beazer Homes tract, a dis- called, for a point of curve- tance of 1,952.67 feet to a ture of a curve to the left point in the centerline of and northwesterly; Clear Creek (a non -naviga- ble stream) for the most la THENCE, continuing along northerly corner of the here- H in described tract, from a which 5/8-inch iron rod with ` c cap, set on the easterly high bank bears N 419 39' 58" E, s a distance of 63.17 feet; a d THENCE, along and with th , the centerline 'of -said Clear S Creek the following mean- a. a ders: long chord which bears N 59. Vo 35' 55" W, 203.92 feet; S 27914' 47" E, 95.71 feet; se THENCE, -conttngip.•alon n D 9 S 29 12' 16" E, 97.96 feet; said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest corner of the par- ent tract, said curve having a radius of 1,956.66 feet, a central angle of 29 11' 53" and a long chord which bears N 6? 44' 45" W, 75.06 feet, said point also being the southwest corner of a tract of land as described in a deed dated January 2, ,S 134 36' 45" E, 41.82 feet; 2001 from Patricia Alexander Wood to Beazer S 6° 43' 38" E, 97.54 feet to Homes Texas, L.P. as;a point on the southerly line recorded under Brazoria �f the aforementioned County Clerk's File No. (01) i81.6209 acre tract, also 000 875; ieing the north line of the ..forementioned 155.4029 acre John Alexander tract as recorded under•Brazoria said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8-inch iron rod with cap, set, for the a point of reverse curvature, said curve havinga radius of 2.036.66 feet, a central angle of 59 44' 21" and an de S 319 28' 18" E, 43.32feet; an to S 289 59' 35" E, 92.91 feet; Co Zo S 339 31' 55" E, 110,11 feet; Da S 439 51' 30" E, 43.96 feet; exp Su S 559 54' 08" E, 107.02 feet; S 499 48' 56" E, 104.18 feet; S 289 08' 19" E, 105.12 feet; THENCE, S 419 40' 41" W, departing said Clear Creek, along and with the southerly line of said 181.6209 acre Morrison tract, a distance of 1,948.44 feet, to a 5/8-inch iron rod with cap, set for a point on the east right-of- way of said Pearland Parkway for the southwest corner of the , herein described tract; THENCE, N 329 42' 50"W, along the easterly right-of- way dine of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexande Morrison to the City o Pearland as recorded unde Brazoria County Clerk's File No. (01) 016877, a distance of 910.96 feet to the POINT OF BEGINNING, containing 39.50 acres of land. 83.83 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 233 PEARLAND, BRAZORIA COUNTY, TEXAS; EING a 83.83 acre tract of nd being out of the D.H.M. unter Survey, Abstract 76 nd the H.T.&B.R.R. ompany Survey, Abstract 3, being a portion of the ame 181.6209 acre survey s described in..a :deed ated._June 4, 1981, from e C.H. Alexander Trust to ue Alexander Morrison k.a. Susie Alexander orrison, and recorded in ' fume 1596, Page 93 et q of the Brazoria County eed Records d being more particularly scribed (with all bearings d coordinates referenced the Texas State Plane ordinate System, Central ne, North American tum 1983 and distances ressed in surface U.S. rvey Feet) as follows: BEGINNING at a 1/2-inch iron rod, found as called, at the intersection of the east- erly right -of -Way of Old Alvin Road (90 feet wide at this point) as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and record- ed in. Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Street (50 feet wide) as described in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as record- r ed under Brazoria County Clerk's File No. (91) 910298 r B.C.D.R., said point occupy- 1, ing Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most south- westerly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of- way line of Old Alvin Road, a distance of 374.87 feet to a 1/2-inch iron rod, found as called, for a point of curva- •ture of a curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8-inch iron rod with cap, set for a point of reverse curvature, said curve having a radius of 2,036.66 feet, a central angle of 59 44' 21" and a long chord which bears N 54 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest corner of the herein describe tract, said curve having a radius of 1,956.66 feet, a central angle of 24 11' 53" and a long chord which bears N 6' 44' 45" W, 75.06 feet, said point also being the south- west corner of a tract of land as described in a deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 000875; THENCE, S 41' 40' 14" W, along said RH of Texas tract, a distance of 1,878.72 feet to a 1/2-inch iron rod, found as called, for an angle point in the herein described tract, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, S 822 58' 29" W, THENCE, N 87' 12' 12" E, along the southerly line of a departing said Old Alvin Boundary Line Agreement, Road, along the south line dated September 15, 1983 of said Beazer Homes tract, between Sue Alexander a distance of 2,554.79 feet Morrison and John to a 1/2-inch iron rod, found Alexander, as recorded in as called for an angle point, Volume 1744, Page 18, said point also being on the. B.C.D.R., said line is,also northeast line of said the the north line : of the H.T.&B.R.R. Co. Survey, Creekside Section 1 Abstract 233 and the south-' Subdivision as recorded in west line of said D.H.M. Volume 24, Page 9.10, Hunter, Abstract 76; Brazoria County Plat Records (B.C.P.R.), a dis- THENCE, N 41' 39' 58" E, tance of 1,141.72 feet to an departing said common line "X" cut in concrete for a and continuing along said southerly corner of the here - Beazer Homes tract, a dis- in described tract: tance of 2,125.06 feet to a 5/8-inch iron rod with cap, THENCE, 2' 20' 07" W, a set in the westerly right -of- distance of 30.10 feet to a way of Pearland Parkway 5/8-inch iron rod with cap, (130 feet wide) and being set for an interior corner of the northeast corner of the the herein described tract, herein described tract; also being a point on the iortherly line of the afore - THENCE, S 32' 42' 50" E, mentioned Orange Street; along the westerly right -of - Way line of Pearland THENCE, S 83' 00' 50" W, Parkway, as described in a continuing along and with deed dated April 23, 2001 the north line of said Orange from Sue Alexander Street, a distance of 1.25 Morrison to the City of 'eel to a 5/8-inch iron rod Pearland as recorded under Nith cap set for a corner of. Brazoria County Clerk's File he herein described tract; No. (01) 016877, a distance of 910.95 feet to a 5/8-inch rI4ENCE, S 87' 36' 37" W, iron rod with cap, set for the ontinuing along and with most easterly corner of the laid north line of Orange herein described tract, also itreet, a distance of being a point on the north 2,027.31 feet to the POINT line of a tract as described OF BEGINNING, containing in a deed dated June 20, 83.83 acres of land. 2003 from John Alexander Family Limited Partnership (Located on the East Side of to RH of Texas Limited Old Alvin Road, and on the Partnership, as recorded North Side of Orange under Brazoria County Street) Clerk's File No. (03) 037862; At said hearing all interested parties shall have the right and opportunity to appear and be heard on the sub- ject. /s/ Theresa Grahmann Planner I AFFIDAVIT OF PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. Date 3-3 20 O� No Date 20 No Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 200C • • • • • • • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published Feb. 25 & March 3, 2004 NOTICE ' OF -A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS APPLICATION NO. 1156 Notice is hereby given that on March 15, 2004, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in- Brazoria, Harris -and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, 3519 Liberty Drive, Pearland, Texas, on the request of Paul Grohman, applicant for Sue Morrison, owner, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to. Planned Unit Development (PUD), on the following described property, to wit: 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, PEARLANQ, BRAZORIA COUNTY, TEXAS; BEING a 39.50 acre tract of landbeing out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same; 181.6209 acre auw.j oks d June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordi- nates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in sur- face U.S. Survey Feet) as fol- lows: COMMENCING at a 1/2-inch iron rod, found as called, at the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at the point) as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Street (50 feet wide) as described in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as recorded under Brazoria County Clerk's File No. (91) 910298, said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most south- westerly corner of said. 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of- way line of Old Alvin Road, a distance of 374.87 feet to a 1/2-inch iron rod; found as called, for a point of curvature of a curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along e• _9Wye to -the left' an northwesterly, j arc dis- tance of 204.01 feet to a 5/8- inch iron rod with cap, set, for the a point of reverse curva- ture, said curve having a radius of 2.036.66 feet, a cen- tral angle of5°�4 21" and a long chord which bears N 5° 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest cor f ner of the parent tract, said curve having a radius of t 1,956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, , 75.06 feet, said point also being the southwest corner of a tract of land as described in a deed dated January 2, 2001 I from Patricia es Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 1000 875; THENCE, N 879 12' 12" E, departing said Old. Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a 1/2-inch iron rod, found as called for an angle point, said point also being on the north- east line of said the H.T.&B.R.R. CO. Survey, Abstract 233 and'the south- west line of said D.H.M. Hunter, Abstract 76`. THENCE, N 412 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a dis- tance of 2,260.05 feet to a 5/8-inch iron rod with cap, set '. in the easterly right-ofway of Pearland Parkway (130 feet wide) for the POINT OF BEGINNING of the herein described tract, occupying Texas State Plane Co-ordi- nates Y=13,775,871.35 and X=3,155,639.54; THENCE, N 41° 39' 58" E, continuing along said Beazer Homes tract, a distance of 1,952.67 feet to a point in the centerline of Clear Creek (a non -navigable stream) for the most northerly corner of the herein described tract, from which 5/8-inch iron rod with cap, set on the easterly high bank bears N 412 39' 58" E, a distance of 63.17 feet; THENCE, along and with the centerline of said Clear Creek the following meanders: S 27° 14' 47" E, 95.71 feet; S 29912' 16" E, 97.96 feet; S 312 28' 18" E, 43.32 feet; S 28° 59' 35" E, 92.91 feet; S 33° 31' 55" E, 110.11 feet; S 43° 51' 30" E, 43.96 feet; S 55° 54' 08" E, 107.02 feet; S 49° 48' 56" E, 104.18 feet; S 28° 08' 19" E, 105.12 feet; SIT 36' 45" E, 41.82 feet; S 6° 43' 38" E, 97.54 feet to a point on the southerly line of the aforementioned 181.6209 acre tract, also being the north line of the aforemen- tioned 155.4029 acre John Alexander tract as recorded under Brazoria County Clerk's File No. (91) 880476; THENCE, S 41° 40' 41" W, departing said Clear Creek, along and with the southerly line of said 181.6209 acre Morrison tract, a distance of 1,948.44 feet, to.a 5/8-inch iron rod with cap, set for a point on the east right-of-way of said Pearland Parkway for Ali southwest corner of the he ' described tract; THENCE, N 32° 42' 50" W, along the easterly right-of-way line of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexander Morrison to the City of Pearland as recorded under Brazoria County Clerk's File No.. (01) 016877, a dis- tance of 910.96 feet to the POINT OF BEGINNING, con- taining 39.50 acres of land. 83.83 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 233 PEARLAND,. BRAZORIA COUNTY, TEXAS; BEING a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T.&B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordi- nates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in sur- face U.S. Survey Feet) as fol- lows: BEGINNING at a 1/2-inch iron rod, found as called, at the intersection of the east- erly light -of -way of Old Alvin Road (90 feet wide at this point) as described in a deed dated September 15, 1979 from John -H. Alexander, Executor to the City of Pearland and record- ed in Volume 1475, Page , B.C.D.R. and the north rig y of Orange Street (50 feet wide) as described in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as record- ed under Brazoria County Clerk's File No. (91) 910298 B.C.D.R., said point occupy- ing Texas. State Plane rd a values Y , 73;406.44 and X=3,151:631.89, said point also being the most south- westerly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right -of way fine of old Alvin Road, a distance of 374.87 feet to a 1/2-inch iron rod, found as called, for a point of curva- ture of a curve to the left' and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the • left and northwesterly, an arc distance of 204.01 feet to a 5/8-inch iron rod with cap, set for a point of reverse curvature, said curve having a radius of 2,036.66 feet, a central angle of 5° 44' 21" and a long chord which bears N 52 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along.a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest corner of the herein describe -tract, said curve having a radius of 1,956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, 75.06 feet, said point also being the south- west corner of a tract of land as described in a'deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 000875; THENCE, N 87' 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a 1/2-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey, Abstract 233 and the south- west line of said D.H.M. Hunter, Abstract 76; THENCE, N 41' 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a dis- tancu of 2,125.06 feet to a 5/8-inch iron rod with cap, set in the westerly right-of- way of Pearland Parkway (130 feet }vide) and being the northeast corner of the herein described tract; THENCE, S 32' 42' 50" E, along the westerly right -of - THENCE, S 82' 58' 29" W, along thb southerly line of a Boundary Line Agreement, dated September 15, 1983 between Sue Alexander Morrison and John Alexander, as recorded in Volume 1744, Page 18, B.C.D.R., said line is also the north line of the Creekside Section 1 Subdivision as recorded in Volume 24, Page 9-10, Brazoria County Plat Records (B.C.P.R,), a dis- tance of 1,141.72 feet to an "X" cut in concrete for a southerly comer of the here- in described tract: THENCE, 2' 20' 07" W, a distance of 30.10 feet to a '5/8-inch iron rod with cap, set for an interior corner of the herein described tract, also being a point on the northerly line of the afore- menUaned=Orange, tract;—• way line of Pearland THENCE, S 83' 00` 50" W, Parkway, as described in a continuing along and with deed dated April 23, 2001 the north line of said Orange from Sue Alexander Street, a. distance of 1.25 Morrison to the City of feet to a 5/8-inch iron rod Pearland as recorded under with cap set for a corner of Brazoria County Clerk's File the herein described tract; No. (01) 016877, a distance of 910.95 feet to a 5/8-inch THENCE, S 872 36'`37" W, iron rod with cap, set for the continuing along and with most easterly corner of the said north line of Orange herein described tract, also Street, a distance of being a point on the north 2,027.31 feet to the POINT line of a tract as described OF BEGINNING, containing in a deed dated June 20, 83.83 acres of land. 2003 from John Alexander Family Limited Partnership. (Located on the East Side of to RH of Texas Limited Old Alvin Road, and on the Partnership, as recorded North Side of Orange under Brazoria County Street) Clerk's File No. (03) 037862; At said hearing all interested parties shall have the right THENCE, S 41' 40' 14" W, and opportunity to appear along said RH of Texasand be heard on the sub- tract, a distance of 1,878.72 ject. feet to a 1/2-inch iron rod, found as called, for an angle /s/ Theresa Grahmann point in the herein described Planner I tract, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; April 12, 2004 Honorable Mayor and Council Members City Hall Pearland, Texas 77581 Re: RECOMMENDATION TO THE CITY COUNCIL ON ZONE CHANGE APPLICATION NO. 1156 Honorable Mayor and Council Members: Request for an amendment to the Land Use and Urban Development Ordinance of said City from classification Suburban Development District (SD) to Planned Unit Development (PUD) on the following described property, to wit: Legal Description: 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion ofthe same 181.6209 acre survey as recorded in Volume 1596, Page 93 of the Brazoria County Deed Records; and 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T.&B.R.R. Company Survey, Abstract 233, being a portion ofthe same 181.6209 acre survey recorded in Volume 1596, Page 93 of the Brazoria County Deed Records At a regular meeting held on April 12, 2004, the Planning and Zoning Commission considered the above -mentioned request. Commissioner David Ransom made a motion to forward Zone Change Application No. 1156 to City Council for approval with a second made by Commissioner Neil West. Motion to approve failed 1-5 "Aye" — Commissioner Neil West. "No" — Chairman Todd Iocco, Vice Chairman Sheryl Greiner, Commissioner's Ruby Sandars, Linda Cowles, and David Ransom. This is submitted for your consideration. Sincerely, Planning & Zoning Commission Page 1 of 1 - *prod ei.,242. Del). goq- /04 PROPOSED PLANNED UNIT DEVELOPMENT 123.34 acres PEARLAND PARKWAY tY4fj- L1-)-04 kc'p APR 3 0 2004 Table of Contents 1. Planning Objectives 2. Land Usage Summary 3, Entrance Treatments 4. Residential West of Pearland Parkway S. Residential East of Pearland. Parkway 6. General Business Sites 7. Pearland Parkway Overlay District 8. Additional Requirements 9. Development Schedule 10. Sale Plan Appendices A. Site Plan B. Survey C. Typical Park or Detention Area Landscaping D. Pearland Parkway Overlay Landscaping E. Traffic Plan F. Drainage Plan G. Additional Landscaping Exhibits Planning Objectives The 1.23.34-acre Planned Unit Development is designed to permit the creation of a mixed use development on Pearland Parkway in a way that preserves the attractiveness and convenience of the site while providing a variety of upper mid -priced single family dwelling units. The parcel is outside of the 100-year flood plain except for the eastern section which terrninates in the Clear Creek floodway. The land is flat and clear except for some trees along the creek. The property is currently owned by Sue Alexander Morrison. (See Survey Appendix) The general plan of the P.U.D. is two sections of R-2 residential with a small section of General Business along Pearland Parkway. Landscaping and detention ponds and fountains separate the residential from the thoroughfares and from the general business area. In addition, masonry fencing separates the residential from the ponds and landscaping at both the Old Alvin Road and the Pearland Parkway entrances. The development provides a logical transitionfrom the development on the south to the one on the north. The tract inlrnediately south is zoned R-3 with smaller lot sizes and higher density while the property to the north is an R-2 P.U.D. with a mixture of lot sizes. Nevertheless, the smallest lot size in the proposed P.U.D. is larger than the smallest lots in either the development above or the development below. The proposed P.U.D. allows single family homes in the upper -middle price ranges from Old Alvin Road toward the west side of Pearland Parkway andfrom the east side of Pearland Parkway toward Clear Creek. Detention ponds and fountains provide scenic separation from City Service sites and traffic along Old Alvin Road at the western entrance to the development. There are also general business sites along both sides of Pearland Parkway. The P.U.D. stipulates that these areas meet all the requirements of Pearland Parkway Overlay District. Landscaped detention areas with ponds and fountains will help buffer residential areas from the general business parcels. The result is a natural transition from the parkway, through the general business sections, past open areas, and finally ending in the residential neighborhoods. Park lands are carefully situated to compliment the land usage in adjacent developments. Several fault lines terminate in the development to the north, dictating park locations in that development. Parklands in the proposed P.U.D. are located in alignment with the parks to the north, avoiding problems with any undetected extensions of the fault lines and providing a logical connection of the open areas. A 8' wide pedestrian pathway corridor & concrete jogging trail will be located to connect with the trail to the north and south of the development and maintained by the Owners Association. Any existing trees and other vegetation along the creek will be left in place. Parks and open areas will be landscaped with trees, shrubs, lawns, and benches. Land Usage Summary The proposed Planned Unit Development will include a mix of land usage as summarized in the following table: LAND USAGE Usage Acres % S.F.U. - 80' 23.98 19.4 S.F.U. - 70' 57.72 46.8 General Business 12.74 10.3 Parks 2.42 2.0 Detention 26.48 21.5 Total 123.34 100.0 RESIDENTIAL LOT SUMMARY The gro 3.29 units per acre. Lot Size Units % 80X121 81 28.1 70 X 139 116 40.3 70 X 121 91 31.6 Total 288 100.0 Entrance Treatments Detention Ponds will be masked as a beautiful water feature to combine aesthetics and functionality. The ponds shall be surrounded by landscaping as shown in the Typical Park or Detention Area Landscaping Appendix. These features separate the residential areas from the thoroughfares and from general business areas. A masonry wall and appropriate landscaping shall separate and demarcate the residential. areas. This treatment provides additional sound buffering and a pleasant visual transition from busy thoroughfares and general business areas. Residential West of Pearland Parkway The residential section west of Pearland Parkway shall consist of detached, single family dwelling units and appropriate open park land. All residential sites in the P.U.D. west of Pearland Parkway shall conform to the requirements for R-2 Residential Zoning. The entrance from Old Alvin Road shall include highlighted water features and landscaping. No builder shall place the same home elevation in any five consecutive lots on the same side of the street or on any of the lots on the opposite side of the street from the five consecutive lots. This restriction, more stringent than for most existing Pearland subdivisions, will promote a more interesting streetscape and a more pleasing sense of diversity. Lot setback lines may vary from 20' to 30' to promote variety. Each lot shall have a minimum of three trees. Masonry Fences shall be built between the residential area and the water feature/landscaped area facing Old Alvin Road and the area facing Pearland Parkway. Ponds shall have a lighted fountain. Each common open space or detention pond area shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. (See Open Space Landscape Example) For any land or facilities to be used in common by residents of the development, there shall be provisions made for the establishment of a property owners association to manage and maintain such common facilities. Residential East of Pearland Parkway The residential section east of Pearland Parkway shall consist of detached, single family dwelling units. All residential sites in the P.U.D. east of Pearland Parkway shall conform to the requirements for R-2 Residential Zoning. No builder shall place the same home elevation in any five consecutive lots on the same side of the street or on any of the lots on the opposite side of the street from the five consecutive lots. Lot setback lines may vary from 20' to 30' to promote variety. Each lot shall have a minimum of three trees. Masonry Fences shall be built between the'residentiai area and the detention pond/landscaped area facing Pearland Parkway. Ponds shall have a lighted fountain. Each common open space or detention pond area shall be appropriately graded, turfed, surfaced or otherwise landscaped and provided with suitable drainage facilities. (See Open Space Landscape Example) For any land or facilities to be used in common by residents of the development, there shall be provisions made for the establishment of a property owners association to manage and maintain such common facilities. General Business Sites The general business sites in the development are located on either side of Pearland Parkway, as shown on the Site Plan. This is consistent with other developments that have general business sites along Pearland Parkway. The GB zone shall comply with all requirements of the Pearland Parkway Overlay District. Permitted uses shall be the same as those set forth in Table Ill: of the City of Pearland Land Use & Urban Development Ordinance, Revised April 22, 2002 as it pertains to property zoned GB General Business District. In connection with any permitted use, there shall be allowed the incidental display of merchandise out of doors subject to the following limitations: All display areas out of doors shall be confined to a pedestrian walkway immediately adjacent to the building housing the primary use, shall not extend from such building a distance of more than ten (10) feet, and shall be located wholly under a permanent part of a main business building such as a marquee, provided that adequate pedestrian access is maintained. .Adequate pedestrian access shall be an unobstructed thirty-six (36) inch walkway. Screening and fencing shall be provided and maintained as set forth in Section 30 of the City of Pearland Land Use & Urban Development Ordinance (Pearland Parkway Overlay District). Parking and loading areas shall be subject to the requirements of Section 30 of the City of Pearland Land Use & Urban Development. Ordinance. All refuse and refuse containers shall be screened from view of all public streets, unless permanent fixtures, aesthetically designed for visible locations. The general business area shall be buffered from the residential area by a masonry wall. All access to general business sites in. the P.U.D. shall conform to the requirements of the City of Pearland Engineering Design Criteria Manual. Pearland Parkway Overlay District All property within the Pearland Parkway Overlay District shall comply with all requirements of the Overlay District. Additional Requirements Except as otherwise provided in this document, each land use and parcel development shall comply with the City of Pearland Zoning Ordinance, Subdivision Ordinance, Building Code and other applicable development regulations. There shall association Site Plan). land. Parklands be provisions made for the establishment of a property owners to own, manage and maintain the 2.42 acres of park Iand (See The developer shall pay park fees in lieu of dedication of park. Traffic Impact Analysis Before Preliminary Platt submittal, a Traffic Impact Analysis study shall be completed. A street connection shall be made to Schleider Dr. if recommended by the Traffic Impact Analysis study. (See Site Plan) Development Schedule Development will proceed in four stages, beginning in June, 2004. The first stage will involve the major infrastructure including most street improvements, utilities and detention. Homes will be constructed in the next three phases, beginning closest to Pearland Parkway and proceeding toward Clear Creek to the east and toward Old Alvin Rd. to the west: Phase I June 04 — Sept. 04 Final Engineering, Entitlements and Approvals, Dirt work, Construction of Boulevard Entrances, Major Street, Utility and Detention. Phase II Oct. 04 — Aug. 05 Entrance Monumentation, Local Utility Lines, Begin Residential West of Pearland Parkway, Phase III Sept. 05 — July 06 Begin Residential East of Pearland Parkway. Additional Local Streets and. Utility Lines Continue Residential West of Pearland Parkway, Continue Residential East of Pearland Parkway. Begin General Business. Phase IV Aug. 06 — June 06 Final Residential East of Old Alvin. Rd., Final Residential East of Pearland Parkway. Final General Business. Sale Plan Lots to the west and east ofPearland Parkway will be sold to several major builders whose product offering is compatible with the price / zoning requirements of the project. The general business tracts along the parkway will be sold beginning in Phase III as demand dictates, 39.50 ACRE TRACT OF LAND SITUATED IN THE D.H.M. HUNTER SURVEY, ABSTRACT 76, PEARLAND, BRAZORIA COUNTY, TEXAS BEING a 39.50 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a,k.a. Susie Alexander Morrison, and recorded in Volurne 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordinates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in surface U.S. Survey Feet) as follows: COMMENCING at a'A-inch iron rod, found as called, at the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at the point) as described in a deed dated September 15,1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Steel. (50 feet wide) as described .in a deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as recorded wider Brazoria County Clerk's File No. (91) 910298, said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,151,631.89, said point also being the most southwesterly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of-way line of Old Alvin Road, a distance of374.87 feet to al/2-inch iron rod, found as called, for a. point of curvature of a. curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8-inch iron rod with cap, set, for the a point of reverse curvature, said curve having a radius of 2.036.66 feet, a central angle of 5° 44' 21" and a long chord which bears N 5° 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest comer of the parent tract, said curve having a radius of 1.956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, 75.06 feet, said point also being the southwest corner of a tract of land as described in a deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas. L.P. as recorded under Brazoria County Clerk's File No. (01) 000 875; THENCE, N 87° 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a'/z-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. CO. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, N 41° 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a distance of 2,260.05 feet to a 5/8-inch iron rod with cap, set in the easterly right-of-way of Pearland Parkway (130 feet wide) for the POINT OF BEGINNING of the herein described tract, occupying Texas State Plane Co-ordinates Y=1.3,775,871.35 and X' 3,155,639.54; THENCE, N 41° 39' 58" E, continuing along said Beazer Homes tract, a distance of 1,952.67 feet to a point in the centerline of Clear Creek (a non -navigable stream) for the most northerly corner of the herein described tract, from which 5/8-inch iron rod with cap, set on the easterly high bank bears N 41' 39' 58" E, a distance of 63.17 feet; THENCE, along and with the centerline of said Clear Creek the following meanders: S 27° 14' 47" E, 95.71 feet;. S 29° 12' 16" E, 97.96 feet; S31°28' 18" E, 43.32 feet; S 28° 59' 35" E, 92.91. feet; S33°31' 55"E, 110.1.1feet; S 43° 51' 30" E, 43.96 feet; S 55° 54' 08" E, 107.02 feet; S 49° 48' 56" E, 104.18 feet; S 28° 08' 19" E, 105.12 feet; S 1.3 ° 36' 45" E, 41.82 feet; S 6° 43' 38" E, 97.54 feet to a point on the southerly line of the aforementioned 181.6209 acre tract, also being the north line of the aforementioned. 155.4029 acre John Alexander tract as recorded under Brazoria County Clerk's File No. (91) 880476; THENCE, S 41° 40' 41" W, departing said Clear Creek, along and with the southerly line of said 181.6209 acre Morrison tract, a distance of 1,948.44 feet, to a 5/8-inch iron rod with cap, set for a pointon the east right-of-way of said Pearland Parkway for the southwest corner of the herein described tract; THENCE, N 32° 42' 50" W, along the easterly right-of-way line of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexander Morrison to the City of Pearland as recorded under Brazoria County Clerk's File No. (01) 016877, a distance of 910,96 feet to the POINT OF BEGINNING. containing 39.50 acres of land. 83.83 ACRE TRACT OF LAND SITUATED IN TFIE D.H.M. HUNTER SURVEY, ABSTRACT 76, AND THE H.T.&B.R.R. CO. SURVEY, ABSTRACT 233 PEARLAND, BRAZORIA COUNTY, TEXAS BEING a 83.83 acre tract of land being out of the D.H.M. Hunter Survey, Abstract 76 and the H.T.&B.R.R. Company Survey, Abstract 233, being a portion of the same 181.6209 acre survey as described in a deed dated June 4, 1981, from the C.H. Alexander Trust to Sue Alexander Morrison a.k.a. Susie Alexander Morrison, and recorded in Volume 1596, Page 93 et seq of the Brazoria County Deed Records (B.C.D.R.) and being more particularly described (with all bearings and coordinates referenced to the Texas State Plane Coordinate System, Central Zone, North American Datum 1983 and distances expressed in surface U.S. Survey Feet) as follows: BEGINNING at a 4-inch iron rod, found as called, at the intersection of the easterly right-of-way of Old Alvin Road (90 feet wide at this point) as described in a deed dated September 15, 1979 from John H. Alexander, Executor to the City of Pearland and recorded in Volume 1475, Page 837, B.C.D.R. and the north right-of-way of Orange Street (50 feet wide) as described ina deed dated April 3, 1991, from Sue Alexander Morrison to the City of Pearland, as recorded under Brazoria County Clerk's File No. (91) 910298 B.C.D.R., said point occupying Texas State Plane Coordinate values Y=13,773,406.44 and X=3,15I,631.89, said point also being the most southwesterly corner of said 181.6209 acre survey, above; THENCE, N 02° 43' 44" W, along said easterly right-of-way line of Old Alvin Road, a distance of 374.87 feet to a'4-inch iron rod, found as called, for a point of curvature of a curve to the left and northwesterly; THENCE, continuing along said easterly right-of-way line, along said curve to the left and northwesterly, an arc distance of 204.01 feet to a 5/8-inch iron rod with cap, set for a point of reverse curvature, said curve having a radius of 2,036.66 feet, a central angle of 5° 44' 21" and a long chord which bears N 5° 35' 55" W, 203.92 feet; THENCE, continuing along said easterly right-of-way line, along a curve to the right and northwesterly, an arc distance of 75.07 feet to a 5/8-inch iron rod, found, for a point on curve and the northwest corner of the herein describe tract, said curve having a radius of 1,956.66 feet, a central angle of 2° 11' 53" and a long chord which bears N 6° 44' 45" W, 75.06 feet, said point also being the southwest comer of a tract of land as described in a deed dated January 2, 2001 from Patricia Alexander Wood to Beazer Homes Texas, L.P. as recorded under Brazoria County Clerk's File No. (01) 000875; THENCE, N 87° 12' 12" E, departing said Old Alvin Road, along the south line of said Beazer Homes tract, a distance of 2,554.79 feet to a '/z-inch iron rod, found as called for an angle point, said point also being on the northeast line of said the H.T.&B.R.R. Co. Survey. Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, N 41° 39' 58" E, departing said common line and continuing along said Beazer Homes tract, a distance of 2.125.06 feet to a 5/8-inch iron rod with cap, set in the westerly right-of-way of Pearland Parkway (130 feet wide) and being the northeast corner of the herein described tract; THENCE, S 32° 42' 50" E, along the westerly right-of-way line of Pearland Parkway, as described in a deed dated April 23, 2001 from Sue Alexander Morrison to the City of Pearland as recorded under Brazoria County Clerk's File No. (01) 016877. a distance of 910.95 feet to a 5/8-inch iron rod with cap, set for the most easterly corner of the herein described tract. also being a point on the north line of a tract as described in a deed dated June 20, 2003 from John Alexander Family Limited Partnership to RH of Texas Limited Partnership, as recorded under Brazoria. County Clerk's File No. (03) 037862; THENCE, S 41° 40' 14" W, along said RH of Texas tract, a distance of 1,878.72 feet to a `/2-inch iron rod, found as called, for an angle point in the herein described tract, said point also being on the northeast line of said the H,T.&B.R.R. Co. Survey, Abstract 233 and the southwest line of said D.H.M. Hunter, Abstract 76; THENCE, S 82° 58' 29" W, along the southerly line of a Boundary Line Agreement, dated September 15, 1983 between Sue Alexander Morrison and John Alexander, as recorded in Volume 1744, Page 18, B.C.D.R., said line is also the north line of the Creekside Section 1 Subdivision as recorded in Volume 24, Page 9-10, Brazoria County Plat Records (B.C.P.R.), a distance of 1,141.72 feet to an "X" cut in concrete for a southerly corner of the herein described tract: THENCE, 2° 20' 07" W, a distance of 30.10 feet to a 5/8-inch iron rod with cap, set for an interior corner of the herein described tract, also being a point on the northerly line of the aforementioned Orange Street; THENCE, S 83° 00' 50" W, continuing along and with the north line of said Orange Street, a distance of 1.25 feet to a 5/8-inch iron rod with cap set for a corner of the herein described tract; THENCE, S 87° 36' 37" W, continuing along and with said north line of Orange Street, a distance of 2,027.31 feet to the POINT OF BEGINNING, containing 83.83 acres of land. 6 / ` \ 25 0 P 0 a • (co A �ll ita r 1 I 00 42 e • - • c Am& ate rx 2 111.••.:,,i.“,t Nr— N-,-' = -......,riuftwailloi, o... .4..4 *I • - ,...10.- — ••••• • .. 461 .... .;3 I 0011 t••••• ' 0 i 'term-- :••• • 3; i • ".I;4". 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