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HomeMy WebLinkAbout2004-2745 - Ordinance - 09/09/2004ORDINANCE NO 2745 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4 2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW, DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS PART I That Chapter 12, "Unified Development Ordinance." Section 4 2, "Official Zoning Map," of the Code of Ordinances of' the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes PART 2 That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25 00) nor more than Two Thousand Dollars ($2,000 00) Each day such violation shall continue or be permitted to cominue, shall be deemed a separate offense Said Ordinance. being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station PASSED, ADOPTED and APPROVED this 9ru day of SEPTEMBER, 2004 ATTEST APPROVED RON ~ ~layoi - - APPROVED City Attomef~./ .~ ORDINANCE NO 2745 PAGE 2 OF 5 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 4 2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, ,s hereby amended as follows The City Council has delermined that the subject property is located along a gateway and major corridor to the City Tbas overlay district is established to enhance the image of key ent~ points by maintaining a sense of openness and continuity The following property is rezoned from R-I Single Family Residential to P-MUD Planned Mixed Use Development District with the OV Overiay District as provided in the Unified Development Ordinance in Article 5, Section 5.8A: BEING ALL THAT CERTAIN 12 49 ACRE TRACT OR PARCEL OF LAND, LYING AND BEING SITUATED IN THE MORGAN RECTOR SURVEY, ABSTRACT NO 46, BRAZOS COUNTY, TEXAS, AND BEING PART OF THE 38 65 ACRE TRACT DESCRIBED IN THE PURCHASE AGREEMENT BETWEEN VERA C DOWELL (SELLER) AND CLINT A BERTRAND (PURCHASER), RECORDED IN VOLUME 305, PAGE 853, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY FIELD NOTES IN THE ATTACHED EXHIBIT "B," AND SHOW GRAPHICALLY IN THE ATTACHED EXHIBIT "C" ORDINANCE NO. 2745 EXHIBIT "B" PAGE 3 OF 5 Rezoning Request - R1 to PMUD 12.49 Acta Tract Morgan Rector Survey, A-46 College Station, Brazos County, Texas Field notes of a 12.49 acre tract or parcel of land, lying and being situated in the Morgan Rector Survey, Abstract No. 46, Brazos County, Texas, and being part of the 38.65 acre tract described in the Purchase Agreement between Vera C. Dowell (Seller) and Clint A. Bertrand (Purchaser), recorded in Volume 305, Page 853, of the Deed Records of Brazos County, Texas, and being more particularly described as follows: BEGINNING at the crosstie found marking the east corner of Lot 13, Lakeview Acres Revised, according to the plat recorded in Volume 128, Page 300, of the Deed Records of Brazos County, Texas, a %" iron rod found marking the south corner of the beforementioned 38.65 acre tract bears S 44° 18' 18" W - 767.71 feet, THENCE N 45° 58' 07" W along the northeast line of the beforementioned Lakeview Acres Revised for a distance of 792.66 feet to a crosshe fence corner found markJng an interior ell comer of the beforementioned 38.65 acta tract, same being the south comer of a 7 46 acre tract described in the deed to the Baptist Church Loan Corporation, recorded in Volume 1093, Page 512, of the Official Records of Brazos County, Texas; THENCE N 45° 42' 47" E along the common hne between the 38.65 acre tract and the 7.46 acre tract, for a distance of 553.76 feet to a %" iron rod found marking the east corner of the said 7.46 acre tract, same being the south corner of the 2.292 acre tract described in the deed to Stacy Diane Tremont Trust No. 1, recorded in Volume 2545, Page 67, of the Official Records of Brazos County, Texas; THENCE N 45° 40' 09" E along the common line between the 38.65 acre tract and the 2.292 acre tract, fora distance of 195.04 feet to a %" ~ron rod found ~n the south right-of-way line of Farm to Market Road No. 2818; THENCE easterly along the south right-of-way line of Farm to Market Road No 2818, as follows: S60~12'31"E for a distance of 119.57 feat to a concrete nght-of-way marker found marking the beginning of a curve, concave to the north, having a radius of 1221.24 feet, Easterly along said curve for an arc length of 233.46 fee~ to a %" iron rod found at the end of this curve, marking the north corner of Lot 1, Block 1, Crystal Park Subdivision, Phase One according to the plat recorded in Volume 2451, Page 63, of the Official Records of Brazos County, Texas, the chord beara S 65° 41' 06" E - 233.10 feet; THENCE along the west line of the beforementioned Lot 1, Block 1, Crystal Park Subdivision, as follows: S 17"31'06"W for a distance of 97.15 feet to a %" iron red found marking the beginning of a curve, concave to the east, having a radius of 430.00 feet, Southerly along said curve for an arc distance of 480.44 feet to a %" iron S 46o29' 56,, E rod found marking the end of this curve, the chord bears S 14° 29' 25" E - 455.84 feet, for a distance of 1.57 feet to a %" iron rod found in the common line between the beforementioned 38.65 acre tract and the 7.158 acre tract described ~n the deed to CPark Inc., recorded in Volume 2833, Page 152, of the Official Records of Brazos County, Texas; ORDINANCE NO. 2745 EXHIBIT 'B" PAGE 4 OF 5 Rezoning Request - R1 to PMUD 12.49 Acre Tract Morgan Rector Survey, A-46 College Station, Brazos County, Texas Conhnued - Page 2 THENCE along the common line between the beforementioned 38 65 acre tract (lying to the northwest) and the following three tracts. e7.158 acre tract · 1.92 acre tract described in the deed to Karbrooke, Inc, recorded ~n Volume 2758, Page 224, of the Official Records of Brazos County, Texas, e23 21 acre tract described ,n the deed to Joe C. Fazz,no, Trustee, recorded ,n Volume 455, Page 507, of the Deed Records of Brazos County, Texas; S 44002' 50"W S 44o 02' 36"W S 43° 10' 25" W for a d~stanceof 195 89feettoa %" iron rod found marking the common corner between the sa,d 7.158 acre tract and the 1.92 acre tract, for a distance of 209 18feettoa %" iron rod found marking the common corner between the smd 1.92 acre tract and the 23 21 acre tract, for a distance of 126.54 feet to the PLACE OF BEGINNING, contaimng 12.49 acres of land, moro or less Prepared 07/01104 ke604-03~ ~edrandmzonmg12 49ac wpd