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HomeMy WebLinkAboutORD 01-072 ORDINANCE NO. 01-072 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR THE EXPANSION OF MAGNOLIA CEMETERY ONTO PROPERTY ZONED RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND LI (LIGHT INDUSTRIAL)DISTRICT LOCATED SOUTH OF ELM AVENUE BETWEEN PINE STREETAND TEXAS AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Magnolia Cemetery for the expansion of the cemetery onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District and LI (Light Industrial) District located south of Elm Avenue between Pine Street and Texas Avenue described as follows: BEING a 3.233 acre tract of land consisting of all that certain Magnolia Cemetery Company called 3.209 acre tract of land, more fully described and recorded in Clerk's File No. 1999037134 of the Official Public Records of Jefferson County, Texas. Said 3.233 acre tract being situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and is more particularly described as follows: BEGINNING at a 1 inch iron pipe found for the Northwest corner of said Magnolia Cemetery called 3.209 acre tract, same being the intersection of the South line of Elm Avenue right-of-way (60 feet wide) and the East line of Texas Avenue right-of-way (60 feet wide); THENCE North 52 degrees 43 minutes 11 seconds West along and with North line of said Magnolia Cemetery called 3.209 acre tract, same being the South Line of said apparent small tract, a distance of 17.63 feet to the PLACE OF BEGINNING, containing 3.233 acres of land, more or less. This legal description describes the same property conveyed to the City of Beaumont in Volume 1864, Page 4 of the Deed Records of Jefferson County, Texas, as shown on Exhibit "A" attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; 1. Landscaping 2. Screened with iron rail fences 3. Gates and brick entryways NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for the expansion of Magnolia Cemetery onto property zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District and LI (Light Industrial) District located south of Elm Avenue between Pine Street and Texas Avenue is hereby granted to Magnolia Cemetery, its legal representatives, successors and assigns for that certain tract shown on Exhibits "A", "B" and "C" attached hereto and made a part hereof for all purposes. In a Northwesterly direction along the arc of said curve to the right an arc distance of 146.83 feet to a 5/8 inch iron rod with cap stamped"Wortech" set for the P.T. of said curve; North 04 degrees 56 minutes 55 seconds West a distance of 207.74 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for comer; North 08 degrees 05 minutes 55 seconds West a distance of 79.29 feet to a 3/4 inch iron pipe found for the Northeast corner of said Magnolia Cemetery called 3.209 acre tract, same being the intersection of the West line of said Pine Street right-of-way and the South line of said Elm Avenue right-of-way. THENCE South 63 degrees 44 minutes 46 seconds West along and with the North line of said Magnolia Cemetery called 3.209 acre tract, same being the South line of said Elm Avenue right-of-way, a distance of 119.96 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for comer; THENCE South 16 degrees 46 minutes 14 seconds East along and with a West line of said Magnolia Cemetery called 3.209 acre tract, same being a East line of an apparent small tract of land, a distance of 59.32 feet to a 518 inch iron rod with cap stamped "Wortech" set for corner. THENCE South 88 degrees 33 minutes 00 seconds West along and with a North line of said Magnolia Cemetery called 3.209 acre tract, same being a South line of said apparent small tract, a distance of 112.68 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for comer. and recorded in Film Code 103-31-1212 of said Official Public Records and the Mount Gilead Missionary Baptist Church tracts of land, more fully described and recorded in Clerk's File No. 9802820, Clerk's File No. 9410227, Clerk's File No. 9405149, and Clerk's File No. 9405928 of said Official Public Records, a distance of 346.90 feet to a 1 1/4 inch iron pipe found for the Southeast corner of said Magnolia Cemetery called 3.209 acre tract; THENCE in a Northwesterly direction along and with the East line of said Magnolia Cemetery called 3.209 acre tract, same being the West line of Pine Street right-of-way (60 feet wide) the following courses and distances: North 13 degrees 41 minutes 25 seconds West a distance of 60.29 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 24 degrees 42 minutes 25 seconds West a distance of 60.14 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for corner; North 34 degrees 52 minutes 55 seconds West a distance of 60.14 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for comer; North 40 degrees 07 minutes 55 seconds West a distance of 116.66 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 239.12 feet, a central angle of 35 degrees 10 minutes 56 seconds and a chord length of 144.53 feet bearing North 22 degrees 32 minutes 27 seconds West; THENCE in a Southeasterly direction along and with the West line of said Magnolia Cemetery called 3.209 acre tract, same being the East line of said Texas Avenue right-of-way the following courses and distances: South 25 degrees 23 minutes 28 seconds East a distance of 165.58 feet to a 5/8 inch iron rod with cap stamped "Wortech" set for the P.C. of a tangent curve to the right having a radius of 322.55 feet, a central angle of 25 degrees 01 minutes 59 seconds and a chord length of 139.81 feet bearing South 12 degrees 52 minutes 29 seconds East: In a southeasterly direction along the arc of said curve to the right an are distance of 140.93 feet to a 5/8 inch iron rod with cap stamped"Wortech" set for the P.T. of said curve; South 00 degrees 21 minutes 28 seconds East a distance of 296.66 feet to a 1 inch iron pipe found for the Southwest corner of said Magnolia Cemetery called 3.209 acre tract, same being the Northwest corner of Lot 1, Block 7 of North Addition as recorded in Volume 1, Page 39 of the Map Records of Jefferson County, Texas; THENCE North 87 degrees 42 minutes 30 seconds East along and with the South line of said Magnolia Cemetery called 3.209 acre tract, same being the common North line of said Block 7 and the Bryant M. Allen and Henry Allen tract of land, more fully described and recorded in Clerk's File No. 9807972 of said Official Public Records, the Lucille Allen tract of land, more fully described and recorded in Clerk's File No. 9725657 of said Official Public Records, the Florence D. Franks tract of land, more fully described Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan and plan scheme attached hereto as Exhibits "B" and "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2001. - Mayor - FILE 1579-P: Request for a specific use permit to allow the expansion of the Magnolia NORTH .r• Cemetery(South Addition) onto property zoned RM-H s • Dwelling - High Dens and LI lot Industrial)District. ential Multiple Family A ' Location: South of Ehn Avenue between Pine Street and Texas Av enue APPhcant: Magnolia Cemetery . SCALE e V=200' b MP`p � • • L7 • ,'� 1►�' _ a•• CIF. Pqrs-k- 4A s r J M AVE '•� • ELM Of 1,60 .w n -� wu i,o • • � t PEA N AYE w PEACH AVE. e , a/o D d.; to AP ui� e j • Z a 1 W J o _ AYf90 $ 7 N r 3 Q00 CATALPA AVE. Iwo vo so I R •• - t C !b S 6470 10 ?lib ® EXHIBIT "A•' e5 NK- L=140.93' TEXAS AVENUE �=25'01'59` CLEN=139.61' ' 1 6RC=S12.52'29' t VA�[iyT *V,M soo'21'26'e 296.66' col �4614•tL'PiD' �► �9 PRAYER Z �/BREAK �r GARDEN �� ,08.05.55-11 7929' ,04'56 65"11 207.74 -146.63' �r w R=239.12' STREET do 0=35'10 ,OTT:: '66• � SMOWN oRtdE TO BE N CIEN=144.53' CONCRETE Y11TN CURB 6RC=N22'32'27"11 AND CUTTER. o Z N0: 2K-090-ORA944CE rIELD 0": PLAT SHOWING DR.9f: TmH ROAD WATER DRAINAGE DATE: 06/20/0' �L FOR THE SCALE: 1' - so' "' MAGNOLIA CEMETERY �' --W O ITT E C I I SOUTH ADDITION fond Surveyors. Inc W 1510 S. major of. SOO 11 lelos * Approval includes the schematics as outlined in Plan TBdeph (409) 016 17701 9769 NOT� 1n+ I+O Scheme B and as shown initially on the site plan. xw�� (4011) H66 ,1„ MMMP fN+KAH.1 '.f�1 {NIA rtf. .. i Ir. f _ 1 L .y 1 w POOL N FORC roe roues,: - SE("CfON i SECTION-A' 660 11 00 T°w° SECTION 8' 751 PLAN: SC I-?EME $' S�oN'c � 137s ELEVA PION., 2MAIN ENTRY GATE SCALE I129Z N I,- SCALE 3116-1'.T 20,' I EXHIBIT"C" ; I .. .. ._ - � vj� I'i Ij�.`,1 \ `. •a ialil ;tal FOR l7 J 1 ----..__ 10:11t romeu.u canx u, _ 7 Jd,n '`14.1° , 1 I { t .�.(�7 �t_� ( SECTION # OF PLOTS „I s SECTION 'A' 660 8/11/00 SECI•ION 'B' 752 r^i , PLAN. SCi� � ,�� v v SECTION 'C' 912_ 5072, ---- AJI,�' � TOTAL 2325 I j J SCALE P=70'-0" ro SCALE ---- - EXHIBIT «C»