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Home My WebLink About2006-2936 - Ordinance - 11/20/2006 ORDINANCE NO. 2936 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 continue, 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 ofthe Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 20th day of November 2006. APPROVED: ( 'BEN 'wHiTE, Mayor Pro Tern APPROVED: c~~ ~/ ORDINANCE NO. 2936 Page 2 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, is hereby amended as follows: The following property is rezoned from A-O Agricultural Open to A-OR Rural Residential: 94.373 ACRE TRACT THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO.9, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF A CALLED 25.00 ACRE TRACT AS DESCRIBED BY A DEED TO EDWARD M. KELLEY RECORDED IN VOLUME 279, PAGE 496 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, A PORTION OF A CALLED 26.25 ACRE TRACT AS DESCRIBED BY A DEED TO WILLIAM N. KELLEY, JR., RECORDED IN VOLUME 489, PAGE 526 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, A PORTION OF THE REMAINDER OF A CALLED 18.067 ACRE TRACT AS DESCRIBED BY A DEED TO EDWARD M. KELLEY, GRACE A. KELLEY AND WILLIAM N. KELLEY, JR., RECORDED IN VOLUME 281, PAGE 528 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, A PORTION OF A CALLED 26.25 ACRE TRACT AS DESCRIBED BY A DEED TO JACK P. FRIEDMAN RECORDED IN VOLUME 1102, PAGE 592 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND THE REMAINDER OF A CALLED 271.5 ACRE TRACT AS DESCRIBED BY A DEED TO J. M. ATKINS RECORDED IN VOLUME 43, PAGE 600 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A Y, INCH IRON ROD FOUND ON THE SOUTHEAST LINE OF BIRD POND ROAD (A COUNTY MAINTAINED PUBLIC ROAD) MARKING THE NORTH CORNER OF SAID 25.00 ACRE TRACT AND THE WEST CORNER OF LOT 1, LADEWIG-WINTERS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 4226, PAGE 105 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 39E 17' 37" E ALONG THE COMMON LINE OF SAID 25.00 ACRE TRACT AND SAID LOT 1 FOR A DISTANCE OF 284.64 FEET TO A 5/8 INCH IRON ROD FOUND MARKING THE SOUTHWEST CORNER OF SAID LOT 1 AND A NORTHWEST CORNER OF A CALLED 2.686 ACRE TRACT AS DESCRIBED BY A DEED TO RICHARD L. CARLSON AND KAREN L. CARLSON RECORDED IN VOLUME 2165, PAGE 193 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; culc:\documents and settings\lboyer.cstx\deskloplordinance.doc 10/31/06 ORDINANCE NO. 2936 Page 3 THENCE: S 39E 20' 56" E ALONG THE COMMON LINE OF SAID 25.00 ACRE TRACT AND SAID 2.686 ACRE TRACT FOR A DISTANCE OF 66.40 FEET TO A POINT; THENCE: THROUGH SAID 25.00 ACRE TRACT FOR THE FOLLOWING CALLS: S 55E 17' 55" W FOR A DISTANCE OF 98.96 FEET TO A POINT; S 88E 33' 36" W FOR A DISTANCE OF 56.92 FEET TO A POINT; S 72E 25' 53" W FOR A DISTANCE OF 58.43 FEET TO A POINT; S 74E 55' 51" W FOR A DISTANCE OF 70.42 FEET TO A POINT; S 58E 29' 15" W FOR A DISTANCE OF 77.12 FEET TO A POINT; S 72E 57' 28" W FOR A DISTANCE OF 89.59 FEET TO A POINT; N 89E 23' 47" W FOR A DISTANCE OF 49.74 FEET TO A POINT; N 87E 54' 16" W FOR A DISTANCE OF 48.05 FEET TO A POINT; S 59E 37' 51" W FOR A DISTANCE OF 46.14 FEET TO A POINT; S 43E 16' 38" W FOR A DISTANCE OF 60.51 FEET TO A POINT; S 07E 06' 52" W FOR A DISTANCE OF 24.48 FEET TO A POINT; S 57E 23' 34" E FOR A DISTANCE OF 28.25 FEET TO A POINT; N 78E 20' 56" E FOR A DISTANCE OF 39.59 FEET TO A POINT; N 82E 39' 11" E FOR A DISTANCE OF 70.95 FEET TO A POINT; N 79E 40' 44" E FOR A DISTANCE OF 106.46 FEET TO A POINT; N 73E 52' 54" E FOR A DISTANCE OF 91.33 FEET TO A POINT; N 46E 10' 42" E FOR A DISTANCE OF 50.98 FEET TO A POINT; N 80E01' 39" E FOR A DISTANCE OF 70.95 FEET TO A POINT; N 68E 14' 14" E FOR A DISTANCE OF 59.22 FEET TO A POINT; N 90E 00' 00" E FOR A DISTANCE OF 67.48 FEET TO A POINT; cu\c;\documents and settings\1boyer.cstx\desktoplordinance.doc 10/31/06 ORDINANCE NO. 2936 Page 4 N 60E 14' 37" E FOR A DISTANCE OF 54.42 FEET TO A POINT; N 37E 17' 04" E FOR A DISTANCE OF 64.60 FEET TO A POINT ON THE COMMON LINE OF SAID 25.00 ACRE TRACT AND SAID 2.686 ACRE TRACT; THENCE: S 39E 20' 56" E ALONG THE COMMON LINE OF SAID 25.00 ACRE TRACT AND SAID 2.686 ACRE TRACT FOR A DISTANCE OF 77.06 FEET TO A Y, INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF SAID 26.25 ACRE KELLEY TRACT; THENCE: S 39E 18' 42" E ALONG THE COMMON LINE OF SAID 26.25 ACRE KELLEY TRACT AND SAID 2.686 ACRE TRACT FOR A DISTANCE OF 151.89 FEET TO A Y, INCH IRON ROD FOUND MARKING A SOUTH CORNER OF SAID 2.686 ACRE TRACT AND A WEST CORNER OF SAID REMAINDER OF 18.067 ACRE TRACT; THENCE: N 69E 08' 27" E ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID 2.686 ACRE TRACT FOR A DISTANCE OF 195.00 FEET TO A Y, INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: N 35E 41' 49" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID 2.686 ACRE TRACT FOR A DISTANCE OF 69.96 FEET TO A Y, INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 0.1897 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO JOHNA JOLENE GAUZE RECORDED IN VOLUME 3262, PAGE 331 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID 0.1897 ACRE TRACT ALSO BEING KNOWN AS LOT 6, BLOCK 2, LEISURE LAKE PROPERTIES, ACCORDING TO THE PLAT RECORDED IN VOLUME 227, PAGE 405 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND MARKING THE BEGINNING OF A CLOCKWISE CURVE HAVING A RADIUS OF 71.65 FEET; THENCE: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 86E 34' 39" FOR AN ARC DISTANCE OF 108.26 FEET (CHORD BEARS: S 09E 34' 51" E - 98.25 FEET) TO A Y, INCH IRON ROD FOUND MARKING THE WEST CORNER OF LOT 7, BLOCK 2, LEISURE LAKE PROPERTIES, SAID LOT 7 BEING DESCRIBED AS TRACT TWO BY SAID GAUZE DEED (3262/331), SAID IRON ROD FOUND MARKING THE ENDING POINT OF SAID CURVE; THENCE: S 54E 25' 25" E ALONG THE COMMON LINE OF SAID LOT 7 AND SAID REMAINDER OF 18.067 ACRE TRACT FOR A DISTANCE OF 85.00 FEET TO A Y, INCH IRON ROD FOUND MARKING THE SOUTH CORNER OF SAID LOT 7; THENCE: THROUGH SAID REMAINDER OF 18.067 ACRE TRACT AND SAID 26.25 ACRE KELLEY TRACT FOR THE FOLLOWING CALLS: S 15E 03' 59" W FOR A DISTANCE OF 72.27 FEET TO A POINT; SOlE 55' 45" E FOR A DISTANCE OF 60.59 FEET TO A POINT; SlOE 10' 51" E FOR A DISTANCE OF 38.02 FEET TO A POINT; cu\c:ldocuments and settings\lboyer.cstx\desktop\ordinance.doc J 0/3 J /06 ORDINANCE NO. 2936 Page 5 S 16E 55' 13" E FOR A DISTANCE OF 82.68 FEET TO A POINT; S 19E 38' 26" E FOR A DISTANCE OF 95.50 FEET TO A POINT; S 37E 34' 07" E FOR A DISTANCE OF 102.23 FEET TO A POINT; S 25E 10' 00" E FOR A DISTANCE OF 80.46 FEET TO A POINT; S 13E 50' 18" E FORA DISTANCE OF 69.26 FEET TO A POINT; S lIE 36' 45" E FOR A DISTANCE OF 51.20 FEET TO A POINT; S 17E 34' 19" E FOR A DISTANCE OF 49.25 FEET TO A POINT; S 62E 53' 42" E FOR A DISTANCE OF 20.83 FEET TO A POINT; N 41E 28' 59" E FOR A DISTANCE OF 24.53 FEET TO A POINT; N 06E 02' 02" E FOR A DISTANCE OF 53.93 FEET TO A POINT; NIlE 33' 52" W FOR A DISTANCE OF 180.56 FEET TO A POINT; N 23E01' 56" WFORADISTANCE OF 25.22 FEET TO A POINT; N 39E 41' 59" W FOR A DISTANCE OF 138.66 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTHWEST CORNER OF THE REMAINDER OF A CALLED 1.0 ACRE TRACT AS DESCRIBED BY A DEED TO J. M. ATKINS AND WIFE, NETTIE DEASON ATKINS, RECORDED IN VOLUME 53, PAGE 615 OF THE RELEASE RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 83E 39' 03" E ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID REMAINDER OF 1.0 ACRE TRACT FOR A DISTANCE OF 208.19 FEET TO A Y, INCH IRON ROD FOUND MARKING THE SOUTHEAST CORNER OF SAID REMAINDER OF 1.0 ACRE TRACT; THENCE: N 06E 30' 00" W CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID REMAINDER OF 1.0 ACRE TRACT FOR A DISTANCE OF 124.90 FEET TO A Y, INCH IRON ROD FOUND ON THE WESTERLY LINE OF A CALLED 1.189 ACRE TRACT AS DESCRIBED BY A DEED TO BRUCE A. JONES AND MARIA H. JONES RECORDED IN VOLUME 2253, PAGE 26 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD FOUND BEING IN A COUNTERCLOCKWISE CURVE HAVING A RADIUS OF 170.00 FEET; THENCE: ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID JONES TRACT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15E 40' cu\c:ldocuments and settings1Iboyer.cstx\desktoplordinance.doc 10/31/06 ORDINANCE NO. 2936 Page 6 42" FOR AN ARC DISTANCE OF 46.52 FEET (CHORD BEARS: S 14E 57' 09" E - 46.37 FEET) TO A 1/2INCH IRON ROD FOUND MARKING THE ENDING POINT OF SAID CURVE; THENCE: S 20E 59' 53" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID JONES TRACT FOR A DISTANCE OF 128.98 FEET TO A Y, INCH IRON ROD FOUND MARKING AN ANGLE POINT IN SAID LINE; THENCE: S 48E 13' 13" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF18.067 ACRE TRACT AND SAID JONES TRACT FOR A DISTANCE OF 96.80 FEET TO A Y, INCH IRON PIPE FOUND MARKING THE SOUTH CORNER OF SAID JONES TRACT; THENCE: N 42E 10' 47" E CONTINUING ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID JONES TRACT FOR A DISTANCE OF 323.19 FEET TO A I INCH IRON PIPE FOUND ON THE SOUTHWEST LINE OF A CALLED 58.969 ACRE TRACT AS DESCRIBED BY A DEED TO WILLIAM E. GRANT AND WIFE, LINDA GRANT, RECORDED IN VOLUME 357, PAGE 128 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 48E 00' 28" E ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID 58.969.ACRE TRACT FOR A DISTANCE OF 537.43 FEET TO A CONCRETE MONUMENT FOUND ON THE NORTHWEST LINE OF THE REMAINDER OF A CALLED 78.78 ACRE TRACT AS DESCRIBED BY A DEED TO CARTER LAKE HOME OWNERS CORPORATION RECORDED IN VOLUME 2414, PAGE 20 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MARKING THE EAST CORNER OF SAID REMAINDER OF 18.067 ACRE TRACT AND THE SOUTH CORNER OF SAID 58.969 ACRE TRACT; THENCE: S 41E 39' 44" W ALONG THE COMMON LINE OF SAID REMAINDER OF 18.067 ACRE TRACT AND SAID REMAINDER OF 78.78 ACRE TRACT FOR A DISTANCE OF 722.77 FEET TO A 5/8 INCH IRON ROD SET MARKING THE SOUTH CORNER OF SAID REMAINDER OF 18.067 ACRE TRACT AND AN EASTERLY CORNER OF SAID 26.25 ACRE KELLEY TRACT; THENCE: S 41E 39' 44" W ALONG THE COMMON LINE OF SAID 26.25 ACRE KELLEY TRACT AND SAID REMAINDER OF 78.78 ACRE TRACT FOR A DISTANCE OF 84.59 FEET TO A 6 INCH FENCE POST FOUND MARKING AN ANGLE POINT IN SAID COMMON LINE; THENCE: S 22E 06' 53" W CONTINUING ALONG THE COMMON LINE OF SAID 26.25 ACRE KELLEY TRACT AND SAID REMAINDER OF 78.78 ACRE TRACT FOR A DISTANCE OF 23.21 FEET TO A 3/8 INCH IRON ROD FOUND MARKING THE NORTHWEST CORNER OF A CALLED 1.91 ACRE TRACT AS DESCRIBED BY A DEED TO CARTER LAKE DEVELOPMENT CORPORATION RECORDED IN VOLUME 1638, PAGE 229 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: S 20E 49' 13" W ALONG THE COMMON LINE OF SAID 26.25 ACRE KELLEY TRACT AND SAID 1.91 ACRE TRACT FOR A DISTANCE OF 251.21 FEET TO A 4 INCH FENCE CORNER POST FOUND MARKING THE NORTHEAST CORNER OF SAID 26.25 ACRE FRIEDMAN TRACT; cu\c:ldocuments and settings\lboyer.cstxldesktop\ordinance.doc I IJ/3//06 ORDINANCE NO. 2936 Page 7 THENCE: S 20E 49' 13" W ALONG THE COMMON LINE OF SAID 26.25 ACRE FRIEDMAN TRACT AND SAID 1.91 ACRE TRACT FOR A DISTANCE OF 308.00 FEET TO A 5/8 INCH IRON ROD SET ON THE COMMON LINE OF SAID 26.25 ACRE FRIEDMAN TRACT AND A CALLED 6.33 ACRE TRACT AS DESCRIBED BY A DEED TO B. D. CATES RECORDED IN VOLUME 267, PAGE 153 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, SAID IRON ROD SET MARKING THE SOUTHEAST CORNER OF THIS HEREIN DESCRIBED TRACT, FOR REFERENCE A 3/8 INCH IRON ROD FOUND ON THE NORTHERLY LINE OF ROCK PRAIRIE ROAD MARKING THE SOUTHEAST CORNER OF SAID FRIEDMAN TRACT BEARS: S 20E 49' 13" W FOR A DISTANCE OF 1237.56 FEET; THENCE: N 77E 18' 07" W THROUGH SAID 26.25 ACRE FRIEDMAN TRACT FOR A DISTANCE OF 701.50 FEET TO A 5/8 INCH IRON ROD SET ON THE COMMON LINE OF SAID 26.25 ACRE FRIEDMAN TRACT AND SAID REMAINDER OF 271.5 ACRE TRACT; THENCE: S 20E 16' 54" W ALONG THE COMMON LINE OF SAID 26.25 ACRE FRIEDMAN TRACT AND SAID REMAINDER OF 271.5 ACRE TRACT FOR A DISTANCE OF 21.46 FEET TO A Y, INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF A CALLED 26.245 ACRE TRACT AS DESCRIBED BY A DEED TO FLYING ACE RANCH, LTD., RECORDED IN VOLUME 3767, PAGE 237 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: N 85E 53' 57" W ALONG THE COMMON LINE OF SAID REMAINDER OF 271.5 ACRE TRACT AND SAID 26.245 ACRE TRACT FOR A DISTANCE OF 1835.12 FEET TO A 3/8 INCH IRON ROD FOUND ON THE EASTERLY LINE OF BIRD POND ROAD MARKING THE NORTHWEST CORNER OF A CALLED 26.25 ACRE TRACT AS DESCRIBED BY A DEED TO DALE W. CONRAD RECORDED IN VOLUME 460, PAGE 505 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; THENCE: ALONG THE FENCED EASTERLY AND SOUTHEAST LINE OF BIRD POND ROAD FOR THE FOLLOWING CALLS: N 14E 08' 29" E FOR A DISTANCE OF 201.16 FEET TO A Y, INCH IRON ROD FOUND; N 17E 05' 14" E FOR A DISTANCE OF 464.44 FEET TO A 60D NAIL SET IN TOP OF AN EXISTING FENCE CORNER POST FOUND; N 19E 35' 33" E FOR A DISTANCE OF 90.96 FEET TO A POINT; N 29E33' 26" E FOR A DISTANCE OF 329.18 FEET TO A POINT; N 32E 37' 28" E FOR A DISTANCE OF 232.56 FEET TO A POINT; N 35E 04' 36" E FOR A DISTANCE OF 95.52 FEET TO A POINT; N 44E 05' 51" E FOR A DISTANCE OF 291.09 FEET TO A POINT; cute: \documents and settings \lboyer. cstx\desktoplordinance.doc 10/31/06 ORDINANCE NO. 2936 Page 8 N 62E 00' 45" E FOR A DISTANCE OF 853.58 FEET TO THE POINT OF BEGINNING CONTAINING 94.373 ACRES OF LAND AS SURVEYED ON THE GROUND MARCH, 2006. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR No. 4502 D:/WORKIMAB/06-628.MAB REVISED 09-07-06 cu\c:\documents and settings1Jboyer.cstx1desktoplordinance.doc 10131106 ORDINANCE NO. 2936 Page 9 EXHIBIT "B" , / ~ / " /A_O \ /;; /<_/ '(-:~<</>/"^ " ~-'Q " '<'/' / ,/ \"/_., 'y' / ~" ".;,L;;.,.j'~_ A_O -l~ - - - , , / ! / -AiD;' ---- , p---- vr DEVELOPMENT REVIEW / , / --....-?r<- - - ~-=--"--~~____~=--LL__~/, , cu\c:ldocuments and settings\lboyer.cstx1desktop\ordinance.doc 1 IJ/31!06