Loading...
HomeMy WebLinkAboutORD 09-015 ORDINANCE NO. 09-015 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 6045 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to LI (Light Industrial)District for property located at 6045 College Street, as described in Exhibit "A" and shown on Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2009. i= +l` - Mayor Becky Ames - � w kilte LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Tract A: BEING a 0.089 acre tract of land out of Lot 5, Block K of the T.H. Langham Estate Subdivision as recorded in the Map Records of Jefferson County, Texas, Volume 4, Page 89 and also being out of that certain 1.358 acre tract of land conveyed to Jefferson County Drainage District No. 6 by Lula Langham Potter,Nita Murry Spencer, Grantor Trust, Junker Spencer Testamentary Trust, Lyle Spencer Lambdin Grantor Trust and William Spencer, said 0.089 acre tract of land being a 15.00 feet wide strip of land and being more particularly described by metes and bounds as follows: FOR LOCATIVE PURPOSES, COMMENCE at the northeast corner of Tract 2 and the southeast corner of Tract 3, said Tracts 2 and 3 being conveyed to John V. Lisotta and recorded in Volume 2221, Page 138 of the Deed Records of Jefferson County, Texas; THENCE SOUTH 890 31' 23" WEST along the north line of said Tract 2 and the south line of the said Tract 3, a distance of 131.17 to an iron rod found for the northeast corner of the tract herein described and an angle point in the said 1.358 acre tract and the northwest corner of the said Tract 2 and the PLACE OF BEGINNING; THENCE SOUTH 890 3F23" WEST along the north line of the tract herein described and the south line of the said Tract 3 and an easterly line if the said 1.358 acre tract, a distance of 17.88 feet to an iron rod for the northwest corner of the tract herein described; THENCE SOUTH 330 26' 53" EAST along the southwest line of the tract herein described along a line parallel to and 15 feet southwest of the northeast line if the tract herein described and an easterly line of the said 1.358 acre tract and the southwest line of the said Tract 2, a distance of 276.24 feet to an iron rod set for the most southerly corner of the tract herein described in the east line of the aforementioned Lot 5 and the west line of a 40 feet wide road right of way; THENCE NORTH 000 24' 08" WEST along the east line of the tract herein described and the said Lot 5 and the said 1.358 acre tract and the west line of the said 40 feet wide road right of way, a distance of 27.51 feet to the most northerly south corner of the tract herein described, said corner also being the most southerly southwest corner of that certain tract of land described in Volume 1959, Page 284 of the Deeds Records of Jefferson County, Texas, said corner also being the most southerly corner of the said Tract 2 and an angle point in the easterly line of the said 1.358 acre tract; THENCE NORTH 330 26' 53" WEST along the northeast line of the tract herein described and the said 1.358 acre tract and the southwest ling of the said Tract 2 along a line parallel to and 15 feet northeast of the previously described southwest line of the tract herein described, a distance of 243.46 feet to the PLACE OF BEGINNING containing 0.089 acres of land, more or less. Tract B: BEING the west 25 feet of the tract of land heretofore conveyed by Mary Reed Cecil et al to John V Lisotta Sr as recorded in Volume 1934 Page 177 Deed Records Jefferson County Texas said Lisotta tract being out of the southeasterly portion of Lot 6 Block K T. H. Langham Estate EXHIBIT "A" Subdivision the plat of the said T. H. Langham Estate Subdivision being recorded in Volume 4 Page 89 Map Records Jefferson County Texas Tract C: BEING a 0.31 acre tract of land out of Lot 5, Block K of the T. H. Langham Estate Subdivision, Beaumont, Jefferson County, Texas, plat of which is recorded in Volume 4, Pages 85-89, Map Records, Jefferson County, Texas, the said tract herein described being that portion of said Lot 5 which is located on the east side of the Langham Road drain and described by metes and bounds as follows: BEGINNING at an iron pin which marks the southeast corner of the T. S. Reed tract as conveyed by C. O. Hilliard by deed dated March 2, 1935, said BEGINNING CORNER being in the west right of way line of a 40 foot wide dedicated road right of way as shown on the aforementioned recorded plat; THENCE South 89° 1 P 13" West along the south line if the Reed tract a distance of 131.17 feet to an iron rod for corner on the east bank of the said Langham Road drain ditch; THENCE South 33° 12' 14" East along the northeast bank of said ditch a distance of 241.87 feet to an iron rod for corner in the east line of said Lot 5 and the west line of the aforementioned dedicated road right of way; THENCE North 00° 21' 55" West along the west line of the said road right of way a distance of 204.25 feet to the place of beginning. Tract D: BEING a 1.09 acre tract of land out of Lot 6, Block K, T.H. Langham Estate Subdivision, Beaumont, Jefferson County, Texas plat of which is recorded in Volume 4, Pagees 85-89,Map Records, Jefferson County, Texas, the said 1.9 acre tract of land being the same tract conveyed by Mary Electra Langham to L. W. King, Volume 317, Page 192, and being the same tract conveyed by the L. W. King Estate to C. O. Hilliard by deed dated February 26, 1935, and the C. O. Hilliard to T. S. Reed by deed dated March 2, 1935, and being described by metes and bounds as follows: BEGINNING at the most easterly northeast corner of said Lot 6, said BEGINNING CORNER marking the intersection of the west line of a 40 foot wide dedicated road right of way with the south line of a 40 foot wide dedicated road right of way as indicated on the aforementioned recorded plat; THENCE South 00° 21' 55" East along the east line of said Lot 6 and along the west line of the said dedicated road right of way a distance of 248.0 feet to an iron pipe for corner; THENCE South 89° 11' 13" West a distance of 190.6 feet to a concrete monument for corner on the west bank of what is known as the Langham Road drain ditch; THENCE North 00° 21' 55" West along the line which is located within the limits of said drain ditch a distance of 248.0 feet to a point for corner in the said drain ditch; THENCE North 89° 11' 13" East at a distance of 13.60 feet begin the south line of the aforementioned 4. Foot wide dedicated road right of way and at which point the said dedicated road right of way extends northwardly to College Street and at a distance of 48.54 feet a reference pipe for corner in the south line of the said dedicated road right of way and continuing along the south line of said dedicated road right of way a total distance of 190.6 feet fir the course to the place of beginning. Tract E: BEING a 0.4973 acre tract or parcel of land situated in the Charles Williams League, Abstract No. 59, Jefferson County, Texas and being out of and part of Lot 2, Block K of the T. H. Langham Estate Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page 89, Map Records, Jefferson County, Texas and also being a portion of the abandoned 40 foot road right-of-way out of the said Block K as described in City of Beaumont Ordinance No. 76-104, and also being out of and part of that certain tract of land as described in a deed from Alvin J. Siteman to Harry Fine and wife, Sadie M. Fine as recorded in Volume 1232, Page 33, Deed Records, Jefferson County, Texas, the same also being out of and part of that certain called 0.452 acre tract of land as described in a deed from B.R. Schulz to John V. Lisotta, Sr. as recorded in Volume 2285, Page 336, Deed Records, Jefferson County, Texas, the same being that certain called 0.452 acre tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties, Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Property, Jefferson County, Texas, and being out of and part of the remainder of that certain called 1.09 acre tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties, Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Property, Jefferson County, Texas, said 0.4973 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of the said 0.452 acre Lisotta Properties, Ltd. tract as NORTH 89°36'00" EAST as recorded in the said Clerk's File No. 200328123, Official Public Records of Real Property, Jefferson County, Texas, COMMENCING at a 1" iron pipe found for the Northeast corner of the said 0.452 acre Lisotta Properties, Ltd. tract and said corner also being the Northwest corner of that certain tract of land as described in a deed from Alvin J. Siteman to John V. Lisotta, Sr. as recorded in Volume 1684, Page 152, Deed Records, Jefferson County, Texas, the same being that certain tract of land as described in a"Special Warranty Deed" from John V. Lisotta to Lisotta Properties, Ltd. as recorded in Clerk's File No. 2003028123, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the South right-of-way line of U.S. Highway 90 (also known as College Street); THENCE SOUTH 890 36' 00" WEST, along and with the South right-of-way line of U.S. Highway 90, for a distance of 12.01 feet to a 5/8" iron rod set for the Northeast corner and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 020 55' 00" EAST, over and across the said 0.452 acre and the remainder of the said 1.09 acre Lisotta Properties, Ltd tracts, for a distance of 171.62 feet "PK"Nail set for corner; THENCE SOUTH 890 08' 09" WEST, for a distance of 106.41 feet to a 518" iron rod set for corner, said corner being in the East right-of-way line of Jefferson County Drainage District No. 6 Ditch No. 11 IA, said corner also being in the East line of that certain called 0.085 acre tract of land as described in a"General Warranty Deed" from John V. Lisotta, Sr. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 9817652, Official Public Records of Real Property, Jefferson County, Texas and said corner bears NORTH 01' 03' 05" WEST a distance of 227.37 feet from a %" iron rod found for the Southeast corner of the said 0.085 acre Jefferson County Drainage District No. 6 tract said corner also being the Southwest corner of the remainder of the said 1.09 acre Lisotta Properties, Ltd tract; THENCE NORTH 01° 03' 05" WEST, along and with the East line of the said Jefferson County Drainage District No. 6 Ditch No. 111A, for a distance of 20.27 feet to a %2" iron rod found for corner, said corner being the Northeast corner of the said 0.085 acre Jefferson County Drainage District No. 6 trat; THENCE NORTH 880 35' 17" EAST, along and with the North line of the remainder of the said 1,09 acre Lisotta Properties, Ltd tract, for a distance of 7.65 feet to a 5/8" iron rod set for corner; THENCE NORTH 000 51" 51" WEST, over and across the above referenced abandoned 40 foot road right-of-way, for a distance of 19.65 feet to a 518" iron rod set for corner; THENCE NORTH 290 24' 16" WEST, along and with the East right-of-way line of the 40 foot road right-of-way across the said Block K, for a distance of 107.85 feet to a PK nail found for corner; THENCE NORTH 430 27' 02" WEST, continuing along and with the East right-of-way line of the 40 foot road right-of-way across the said Block K, for a distance of 51.91 feet to a scribed "X" in concrete found for corner, said corner being the intersection of the East right-of-way line of the 40 foot road right-of-way across the said Block K and the South right-of-way line of U.S. Highway 90, THENCE NORTH 890 36' 00" EAST, along and with the South right-of-way line of U.S. Highway 90, for a distance of 179.34 feet to the POINT OF BEGINNING and containing 0.4973 ACRES, more or less. Tract F: BEING a 0.085 acre tract of land in Lot 2, Block K of the T.H. Langham Estates Subdivision in Beaumont, Jefferson County, Texas, as per mai of record in Volume 4, Page 89 of the Map Records of said County, and being out of and a part of that certain 1.09 acre tract of land conveyed to John V. Lisotta Sr. by deed recorded in Volume 1934, Page 1934, Page 177 of the Deed Records of Jefferson County, Texas. Said tract herein described being a fifteen(15.0) feet wide drainage easement. COMMENCING at a one inch pipe found marking the southwest corner of the said 1.089 acre tract; THENCE NORTH 890 3 P 23" EAST along the south line of said 1.09 acre tract, a distance of 25.0 feet to a point for the southwest corner and PLACE OF BEGINNING of the tract herein described; THENCE NORTH 000 55' 45" WEST along the west line of the easement herein described and being along the east line of a twenty-five (25.0) feet wide drainage easement granted to the City of Beaumont recorded in Volume 1995, Page 218 of the Deed Records of said County, a distance of 247.71 feet to an iron ros set marking the northwest corner of the easement herein described, said corner being located in the north line of the 1.09 acre tract; THENCE NORTH 890 25' 53" EAST along the north line of the 1.09 acre tract and being along the south right of way line of a 40 feet wide dedicated public road as shown of the aforementioned recorded map of said T. H. Langham Estates Subdivision, a distance of 15.0 feet to an iron rod set marking the northeast corner of the tract herein described; THENCE SOUTH 000 55' 45" EAST along the east line of the easement herein described, a distance of 247.73 feet to an iron rod set marking the southeast corner of said easement. Said corner being located in the south line of the 1.09 acre tract; THENCE SOUTH 890 3l' 23" WEST along the F-juth line of the 1.09 acre tract, a distance of 15.0 feet to the PLACE OF BEGINNING and containing in area 0.085 acres of land, more or less. File 1980-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District. Location: 6045 College Applicant: A-Lisotta Mini Stor-All 0 100 200 J Feet Legend ® 1980Z U U �v \ v 1 v COLLEGE ST I � GC-MD U --- GC-MD i i I o� R-S R-S s r R-S i EXHIBIT "B"