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HomeMy WebLinkAboutORD 05-007 ORDINANCE NO. 05-007 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT ON PROPERTY LOCATED ON THE SOUTH SIDE OF VILLIVA LANE, EAST OF M.L.K. PARKWAY, 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 Verizon Wireless to allow a cellular telephone transmission tower in an LI (Light Industrial) District located on the south side of Villiva Lane, east of M.L.K. Parkway, as described in Exhibit "A" and shown on Exhibit "B" 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cellular telephone transmission tower in an LI (Light Industrial) District located on the south side of Villiva Lane, east of M.L.K. Parkway, as described in Exhibit"A"and shown on Exhibit "B" attached hereto, is hereby granted to Verizon Wireless, its legal representatives, successors and assigns, subject to the following conditions: 1. Three (3)trees shall be planted on each side of the facility as well as shrubs; and 2. The wood fence shall be tall enough to conceal the barbed wire along the top of the chainlink fence. 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 attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above 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 4th day of January, 2005. M r Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 4.0265 acre tract or parcel of land, being all of that certain 4.0 acre tract out of the J. W. Bullock League, Abstract 7, Jefferson County, Texas, which said 4.0 acre tract of land was conveyed by Woodrow Doiron, et al., to J-T Development Company by deed dated October 20, 1977 recorded in Volume 20')2, Page 294 of the Deed of Records of said Jefferson County, Texas and said 4.0265 acre tract of land being more particularly described as follows: Note: All bearings are based on a Southwest line of said 4.0 acre tract as being North 41°16'00" West. BEGQ\INING at a 1-1/4" iron pipe found at the most Northerly Northeast corner of said 4.0 acre tract and being at the intersection of the South right-of-way line of Villiva Lane (40 feet in width) with the Southwest right-of-way line of the K.C.S. Railroad(100 feet in width); THENCE South 45°02'58" East along and with the Northeast line of said 4.0 acre tract, same being the Southwest right-of-way line of said K.C.S. Railroad(100 feet in width) a distance of 121.73 feet to a 5/8" iron rod set at the most Easterly Northeast corner of said 4.0 acre tract, same being the Northwest corner of a 6.28 acre tract as conveyed by Kell Jones, et al, to the Kansas City Southern Railway Company by deed dated June 12, 1962 recorded in Volume 1306, Page 359 of the Deed Records of said Jefferson County, Texas; THENCE South 00 005'00" West along and with the East line of said 4.0 acre tract, same being the West line of said 6.28 acre tract a distance of 544.61 feet to a steel spike found at the Southeast corner of said 4.0 acre tract, same being the Southwest corner of said 6.28 acre tract and being in the Northeast right-of-way line of Spur 380 (width varies); THENCE North 43°35'58" West along and with the Southwest line of said 4.0 acre tract, same being the Northeast right-of-way line of said Spur 380 (width varies) a distance of 74.49 feet to a concrete right-of-way monument found; THENCE North 41°16'00" West continuing along and with the Southwest line of said 4.0 acre tract, sane being the Northeast right-of-way line of said Spur 380 (width varies) a distance of 608.17 feet to a concrete right-of-way monument found; THENCE North 45'33'28" West continuing along and with the Southwest line of said 4.0 acre tract, same being the Northeast right-of-way line of said Spur 380 (width varies) a distance of 175.93 feet to a concrete right-of-way monument found at the Northwest corner of said 4.0 acre tract and being in the South right-of-way line of said Villiva Lane (40 feet in width); THENCE South 89034'35" East along and with the North line of said 4.0 acre tract, same being the South right-of-way line of said Villiva Lane (40 feet in-width) a distance of 492.76 feet to the PLACE OF BEGINNING, containing 4.0265 acres of land,more or less. #163131 EXHIBIT "A" File 1762-P: Request for a cellular telephone transmission tower in an LI(Light NORTH Industrial)District. Location: South side of Villiva Lane, east of M.L.K. Parkway Applicant: Verizon Wireless SCALE 1"=2001 `• a r,Oµe O Z„ JO ro c 3p�7 S \J z 9 ' A \j `yy� �9� - D�mss`✓� � � 6 8.49 0.9 o \20 f a" I VILLIVA LANE 40 Mt? ,57.81 68.49(68,80 50.0 141.77 c = z a s VILLIVA LANL s o � s 4 378 :'8 4 B2 12 a a W �� 10 lot 2193 $ EXHIBIT "B *Approval subject to the following conditions:L. a 1. Three trees be planted on each sid*s well as shrubs. 2. The wood fence be tall enough to conceal the barbed wire along the top of the chainlink fence. 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