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HomeMy WebLinkAbout2004-2752 - Ordinance - 09/23/2004ORDINANCE NO 2752 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 C,ty of College Station, Texas, be amended as set out m Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2 That any person, firm, or corpomt,oa violating any of the provls.ons of this chapter shall be deemed gmlty 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 continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after 1ts date of passage by the City Councd, as provided by Section 35 of' the Charter of the Ctty of College Station. PASSED, ADOPTED and APPROVED this 23~ day of SEPTEMBER, 2004. A I'TEST APPROVED' Cay Attomey O'gnmp/Icgal/onhnan,x'~amendmentfon. doc ORDINANCE NO. 2752 Page 2 EXHIBIT "A" That Chapter 12, "Umfied Development Ordinance," Section 4 2, "Official Zoning Map," of the Code of Ordinances of the Cny of College Station, Texas, is hereby amended as follows: The following property is rezoned from A-O Agricultural Open to R-I Single Family Residential: BEING ALL THAT CERTAIN 67 69 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE S. W ROBERTSON SURVEY, ABSTRACT NO 202 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE 1152.60 ACRE TRACT DESCRIBED IN THE DEED FROM YOUNG BROTHERS, INC. CONTRACTORS TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME 1671, PAGE 276 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS (O.R B.C.) AND BEING A PART OF THE 7.32 ACRE TRACT DESCRIBED IN A DEED TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME 3229, PAGE 232 (O R B C I AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "B" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "D" The following property is rezoned from A-O Agricultural Open to R-I Single Family Residential: BEING ALL THAT CERTAIN 76.92 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE S W ROBERTSON SURVEY, ABSTRACT NO 202 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING PART OF THE 1152 60 ACRE TRACT DESCRIBED IN THE DEED FROM YOUNG BROTHERS, INC. CONTRACTORS TO PEBBLE CREEK DEVELOPMENT COMPANY RECORDED IN VOLUME [67[, PAGE 276 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY. TEXAS (O R.B C.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT "C" AND SHOWN GRAPHICALLY IN THE ATTACHED EXHIBIT "D". · u~o [grouptagen-calllot legal n'wt ~ IOO.23.o417ebble creek rczonmgirezonmg onhnance doe 9/17/04 ORDINANCE NO. 2752 EXHIBIT "B" PAGE 3 OF 7 FIELD NOTES PROPOSED R-I ZONE 67 69 ACRES Being ail that certain tract or parcel of land lying and being situated in the S W ROBERTSON SURVEY, Abstract No 202 in College Station, Brazes County, Texas and being part of the 1152.60 acre tract described in the deed from Young Brothers, Inc. Comractors to Pebble Creek Development Company recorded in Volume 1671, Page 276 of the Official Records of Brazes County, Texas (O R B C ) and being a part of the ? 32 acre tract described in a deed to Pebble Creek Development Company recorded in Volume 3:229, Page 232 (O R B.C.) and being more particularly described by metes and bounds as follows BEGINNING at a found 1/2-inch iron rod mar'king the most northerly comer of Lot 7, Block 45 of PEBBLE CREEK, PHASE 9-B as recorded in Volume 5878, Pa~e 128 (O R B C ), THENCE: S 88' 55' 17" E for a distance of 335 35 feet for comer, THENCE: N 35' 19' 04" E for a distance of 277.71 feet for comer, THENCE: N 11' 04' 49" E for a distance of 190 80 feet for comer, said comer also being in the southwest margin of the 27 29 acre City of College Station tract described in Volume 1029, Page 13, THENCE S 39' 34' 42" E along said 27 29 acre tract line for a distance of 1687 43 feet for comer, said comer also being in the southeast line of the said 1152 60 acre tract, THENCE: S 39' 07' 32" W along the said southeast line for a distance of 796 17 feet for comer, THENCE- l) 2) a) 4) 5) 6) 7) s) through the interior of the said 1152 50 acre tract for the following eight (8) calls S 51' 26' 25" W for a distance of 357 76 feet for comer, S 63' 01' 30" W for a distance of 289 93 feet for comer, S 68' 18' 12" W for a distance of 396 50 feet for comer, S 84' 12' 06" W for a distance of 370 23 feet for comer, N 86' 58' 01" W for a distance of 763.30 feet for comer, S 63' 43' 20" W for a distance of 172 59 feet for comer, S 75' 23' 05" W for a distance of 172 03 feet for comer and N 71' 39' 15" W for a distance of 10646 feet to the south comer of the beforementioned 7 32 acm tract, THENCE N 71 ' 39' 15" W along the southwest line of the said 7 32 acm tract for a distance of 154 87 feet to a found I/2-inch iron rod for comer, said iron rod marking the south comer of Lot 80, Block 25 of PEBBLE CREEK, PHASE 8-C as recorded in Volume 4113, Page 164 (O~BC), THENCE- along the southeast line of said PEBBLE CREEK, PHASE 8-C for the following two (2) calls l) N 22' 29' 12" E for a d~stance of 194 09 feet to a found I/2-mch iron rod for corner, ORDINANCE NO. 2752 EXIIlBIT "B" PAGE 4 OF 7 Field Notes Continued 67.69 A~ra R-I Zoning Page2 2) N 45' 16' 58" E for a distance of 446.57 feet to a found IR-inch iron rod for comer said iron rod being the southwest comer of Lot 87, Block 25 of PEBBLE CREEK, PHASE 9-A as recorded in Volume 4651, Page 152 (O R B.C ), THENCE' along the south and southeast lines of said PEBBLE CREEK, PHASE 9-A for the following twenty-one (21) calls- 1) S 82' 01' 58" E for a distance of 136.35 feet to a found I/2-inch iron rod for comer, 2) S 07' 58' 02" W for a distance of 61 70 feet to a found l/2-inch iron rod for comer, 3) S 82' 01' 58" E for a distance of 60.00 feet to a found 1/2-inch iron rod for comer; 4) lq 8g' 53' 26" E for a distance of 101.27 feet to a found l/2-inoh iron md for comer, 5) N 07' 58' 02" E for a distance of 155.73 feet to a found l/2-inch iron rod for comer, 6) S g2' 01' 5g" E for a distance of 10.00 feet to a found l/2-inch iron rod for comer; 7) N 07' 58' 02" E for a distance of 190.00 feet to a found l/2-inch iron rod for comer; 8) S 82' 01' 58" E for a distance ofg0.00 feet to a found ID-inch iron rod for comer, 9) N 23' 35' 09" E for a distance of 135 89 ~-t to a found 1/2-inch iron rod for comer, 10) N 49' 53' 50" E for a distance of 220 00 feet to a found 1/2-inch iron rod for comer; 11) lq' 82' 20' 16" E for a distance of 61.74 feet to a found l/2-inch iron rod for comer; 12) S 06' 32' 26" E for a distance of 59.40 feet to a found 1/2-inch iron rod for comer, 13) S 45' 57' 23" E for a distance of 119.19 feet to a found 1/2-inch iron rod for comer, 14) S 73' 50' 09" E for a distance of 60.39 feet to a found l/2-inch iron rod for comer, 15) N 06' 52' 34" E for a distance of 137.00 feet to a found I/2-inch iron rod for comer, 16) 34.86 feet in a counter clockwise direction along the arc cfa curve having a central angle of 39' 56' 48", a radius ofS0 00 feet, a tangent of 18.17 feet and a long chord beating N 76' 54' 10" E at a distance of 34 16 feet for comer, 17) S 33' 04' 14" E for a distance of 137 00 feet to a found 1/2-inch iron md for comer, 18) N 48' 21' 07" E for a distance of 55 78 feet to a found l/2-inch iron rod for comer, 19) N 22' 37' 12" E for a distance of 110 31 feet to a found 1/2-inch iron rod for comer, 20) N 03' 06' 43" W for a distance of 55 78 feet to a found l/2-inch iron rod for comer, 21) N 14' 28' 36" W for a distance of 149 07 feet to a found l/2-inch iron rod for comer said ire0 rod also being the south comer of Lot 15, Block 36 of PEBBLE CREEK, PHASE 9-B as recorded in Volume 5878, Page 128 (0 R B C ), THENCE along the boundary of said PEBBLE CREEK, PHASE 9-B for the following twenty (20) calls 1) N 46' 23' 56" E for a distance of 195 16 feet to a found l/2-inch iron rod for comer, 2) 162 74 feet in a clockwise direction along the arc of a curve having a central angle of 33' 54' 27", a radius of 275 00 feet, a tangent of 83 83 feet and a long chord bearing S 26' 38' 52" E at a distance of 160 38 feet to a found I/2-inch iron rod for comer,; 3) S 84' 21' 10" W for a distance of 130 62 feet to a found l/2-inch iron rod for comer, 4) S 05' 54' 40" E for a distance of 283.37 feet to a found l/2-inch iron rod for comer, 5) S 10' 40' 53" E for a distance of 107 34 feet to a found l/2-inch iron rod for comer, 6) S 22' 00' 13" E for a distance of 104 93 feet to a found l/2-inch iron rod for comer, 7) N 67' 59' 47" E for a distance of 180 00 feet to a found l/2-inch iron rod for comer, ORDINANCE NO. 2752 EXHIBIT "B" PAGE 5 OF 7 Field Note~ Continued 67.69 Acre R-1 Zonin~ PaS~ 3 lO) 11) 14) is) lO 17) N 22' Off IY' W for a distance of 22.69 feet to the Point of corvamre ora curve to the ri t; 47.27 feet alon$ the arc of said curve lutving a central angle ~f04' 20' 01", a radius of 625.00 feet, n tangent of 23.65 feet and n long chord beating N 19' 50' 12" W at n distance of 47.26 feet to n found I/2-inch iron rod for comer; N 74' 08' 29" E for a distance of 190.61 feet to a found 1/2-inch iron rod for comer; N 58' 59' 18" E for a distance of 176.25 feet to a found 1/2-inch iron rod for corner, N 50' 13' 04" E for a distance of 88.43 feet to a found 1/2-inch iron rod for corner; N 44' 18' 48" E for a distance of 178.27 feet to a found 1/2-inch iron rod for corner, N 44' 21' 02" W for a distance of 140.97 feet to a found 1/2=inch iron rod for corner, N 35' 24' 39" W for a distance of 389.79 feet to a found 1/2-inch iron rod for corner, N 40' 45' 40" W for a distance of 87.45 feet to a found lO-inch iron rod for corner, N 65' 12' 59" W for a distance of 152.79 feet to a found l/2-inch iron rod for corner, N 88' 18' 36" W for a distance of 165.51 feet to a found 1/2-inch iron rod for corner; N 10' 48 '01" W for a distance of 130.00 feet to a found l/2-inch iron rod for comer; lq 79' 11' 59" E for a distance of 5.61 feet to a found 1/2-inch iron rod for come~, TttI~CE. N 10' 48' 01" W for a distance of 213.33 feet to the POINT OF BEGINNING and containing 67.69 acres of land, more or less ORDINANCE NO. 2752 EXHIBIT "C" PAGE 6 OF 7 FII/LD NOTES PROPOSED R-I ZONE 76 92 ACRES Being ali that certain tract or parcel of land lying and being situated in the S.W ROBERTSON SURVEY, Abstract No 202 in Collaso Stution, Brazes County, Texas and being part of the 1152.60 acre tract described m thc deed flora Young Brothers, lac Contractors to Pebble Creek Development Company recorded m Volume 1671, Paso 276 oftl~ Officaal Records of Brazes County, Texas (O R B C ) and being more particularly described by metes and bounds as follows' BEGINNING at the south comer of PEBBLE CREEK, PHASE 7-A as recorded m Volume 3591, Page 235 (O R.B.C ), said corner also being in the northeast line of the 27.29 acre City of College Station tract desonbod m Volume 1029, Paso 13 (O R B C ), THENCE: along the southeast hne of said PEBBLE CREEK, PHASE 7-A for the following twelve (12) calls 1) N 41' 51' 38" E for a distance of 49.10 fcet, 2) N 27' 57' 49" E for a distance of 123 33 feet, 3) N 62' 14' 05" E for a distance of 98 45 fcet, 4) N 50' 25' 35" E for a distance of 150 44 fcet, 5) N 58' 38' 46" E for a distance of 93 29 feet, 6) NT0' 17' 04" E for a distance oF64.82 fcet, 7) N 67' 39' 26" E for a dis'tance of 186.18 fcet, 8) N 68' 33' 04" E for a distance of 291 60 feet, 9) N 72' 32' 45" E for n distance of 201 84 fcet, 10) N 62' 49' 41" E for a distance of 105.22 fcet, 11) N 35' 32' 23" E for a distance of 129.48 fcet nnd 12) N 45' 09' 50" E for a distance of 131.92 fi~ct to the most easterly comer ofLot 36, Block 43 of mid PEBBLE CREEK, PHASE 7-A, smd comer also being the most southerly comer of PEBBLE CREEK, PHASE 7-Bias recorded in Volume 5063, Page 139 (O R B C ), THENCE: along the southeast line of said PEBBLE CREEK, PHASE 7-BI for the following ten (10) calls l) N 47' 46' 36" E for a distance of 137.17 fcet, 2) N 89' 27' 24" E for a distance of 144 52 feet, 3) N 70' 50' 45" E for a &staace of 372 28 fcet, 4) N 65' 44' 59" E for a d~tance of211 70 feet, 5) N 75' 33' 38" E for a distance of 140 33 feet, 6) N 31' 46' 05" W for a distnnce of 134 95 fcet, 7) N 58' 13' 5Y' E for a &stance of 60.00 feet, 8) S 31' 46' 05" E for a distance of 153.68 fi~t, 9) N 75' 33' 38" E for a distance of 147 63 fcet and I 0) N 72' 09' 36" E for a &stance of 429 00 feet for the most easterly comer et'Lot 38, Block 39 of said PEBBLE CREEK, PHASE 7-B 1, said comer also being m the lower northea~ line of Tract 5 clesonbed m the beforemontioned 1152 60 acre Pebble Creek Development Company deed, THENCE along the southeast line of said Tract 5 for the following four (4) calls 1) S 37' 00' 52" E for a distance of 433 41 fi~et, 2) S 44' 59' 08" W for a distance of 2000 00 fcet, 3) S 27' 49' 08" W for a distance of 536 67 feet and 4) S 86' 49' 08" W for a distance of 712 05 feet for comer smd comer also marking the southeast comer of the beforesaid 27 29 acre Cnty of College Station tmot, THENCE N 39' 34' 50" W for a distance of i 195 58 feet to the POINT OF BEGINNING and contai,mg 76 92 acres of land, more or less 2752