HomeMy WebLinkAboutORD 04-001 ORDINANCE NO. 04-001
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 RM-H (RESIDENTIAL MULTIPLE
FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT
FOR PROPERTY EXTENDING FROM THE SOUTH SIDE OF PHELAN TO
SOUTH OF CALDERAND FROM WEST OF MATHEWS AND PINCHBACK
TO THE EAST SIDE OF THE DD#6 AMELIA CUTOFF DITCH, 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 as RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for
property extending from the south side of Phelan to south of Calder and from west of
Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch, in the City of
Beaumont, Jefferson County, Texas, as described on Exhibit "A", 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 contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or 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That all ordinances or parts of ordinances in conflict herewith are repealed to the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 13h day of
January, 2004.
- Mayor Evelyn M. Lord -
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
'Tract t:
ry , Jeff
Being a 2.3642 acre tract of land but of and a part of the C. Williams Sueyerson County,
Texas, being also out of and a part of the 11.46 acre. Lot 7. Weiss Park Subdivision described in
a deed from S.L. Guinn to W.J. Thiac recorded in Volume 229, Page 294 of the Deed Records,
being also out of and a part of that 5 acre tract described as the "First' tract in a deed from
Beaumont Building and Loan Company to Paul T. Petit recorded in Volume 615, Page 72 of the
Deed Records, and being more particularly described as follows:
BEGINNING at the Northeast comer of said Lot 7, of Weiss Park Subdivision, said
corner being the intersection of the South Line of Calder Road with the West Line of
Pinchback Road (formerly Ray Street), said comer being also South 36.6' from the
centerline of pavement of said Calder Road;
THENCE with the West Line of said Pinchback Road. South 297.8 feet to a '/2 inch steel
pin for corner, said comer being the Northeast comer of a tract of land reserved by Dr.
Paul T. Petit;
THENCE with the North Line of said Petit tract North 881 28' West 269.8 feet to a '/2
inch steel pin for comer, said comer being in the West Line of said Lot 7 of Weiss Park
Subdivision, an old fence bears West 5.0 feet.
THENCE with the West Line of said Lot 7. North 3° 25' West parallel to and
approximately five feet from said old fence. 390.9 feet to a point for comer, said comer
being South 3° 25' East 30.2 feet from the centerline of said Calder Road:
THENCE with the South Line of said Calder Road,as follows;
South 860 50' East 16').77 feet,THENCE
South 55° 02' East 158.0 feet to the
PLACE OF BEGINNING and containing 2.3642 acres of land more or less.
Tract 2: BEGINNING at a galvanized pipe which marks the intersection of the North line of Calder
Avenue and the West line of Matthews Street in the Charles Williams Survey, Beaumont,
Jefferson County, Texas, said pipe being located North 000 19' 30'' East, a distance of 230.86
feet measured along the East line of and from the Southeast comer of the certain tract of land
described in Vol. 332, page 406, Deed Records, Jefferson County. Texas, said beginning comer
being the Southeast corner of the tract herein described;
THENCE North 00° 19'30' East along the West line of Matthews Street, a distance of 571.20
feet to a galvanized pipe for corner in the South line of the abandoned Missouri Pacific Railroad
Company right-of-way;
THENCE South 80° 50' 30" West, along the South line of said right-of-way, a distance of
164.28 feet to a galvanized pipe for corner;
THENCE South 00° 19' 30" West, a distance of 530.69 feet to a galvanized pipe for corner in
the North line of Calder Avenue;
THENCE South 84° 55' 43" East, along the North line of Calder Avenue, a distance of 162.47
feet to the place of BEGINNING,containing in area 2.049 acres of land, more or less.
Tract 3: BEING two tracts of land out of the Charles Williams Survey, Abstract 59, located along and
adjacent to the Calder Avenue between Mattews Street and Shakespeare Drive in Beaumont,
Jefferson County, Texas, the two tracts of land being the same tract of land referred to as the
West one-half of the Frank Seagraves Tract" as described in Volume 332, page 406, Deed
Records Jefferson Count}. Texas. SAVE AND EXCEPT that part of said Seagraves Tract
occupied by Calder Avenue and SA%'E AND EXCEPT the %%est 30.00' of each tract which has
heretofore conveyed to the Jefferson County Drainage District No. 6 as recorded in Volume
1288, Page 76, Deed Records. Jefferson County, Texas. the said two parcels to be conveyed as
described by metes and bounds as follows:
TRACT ONE: BEGINNING at an iron rod which marks the southeast corner of the tract herein
described, said beginning corner being the southwest comer of a tract of land heretofore
conveyed to A.J. Fiorenza, said beginning corner being in the south line of the Seagraves Tract
and located South 89
Degrees, 6 minutes and 34 seconds West. a distance of 163.58 feet measured alone the south line
of and from the southeast corner of the said Seagraves Tract:
THENCE South 89 degrees 6 minutes 34 seconds West continuing along the south line of the
Seagraves Tract, a distance of 126.47 feet to an iron pipe for corner in the east line of the
aforementioned Drainage District No. 6 Tract;
THENCE North 00 degrees 8 minutes 34 seconds East, along the east line of the Drainage
District Tract, a distance of 195.40 feet to an iron pipe for comer in the south line of Calder
Avenue, a 60.00 foot wide road right-of-way.
THENCE South 85 degrees, 56 minutes and 39 seconds East. alone South line of Calder avenue.
distance of 127.21 feet to an iron rod for corner at the northwest comer of the aforementioned
Fiorenza Tract;
THENCE South 00 degrees, 17 minutes and 12 seconds West along the west line of the Fiorenza
Tract, a distance of 184.44 feet to the place of beginning containing in area; 0.552 of an acre of
land, more or less.
TRACT TWO: BEGINNING at an iron rod which marks the southeast comer of the tract herein
described, said beginning corner also being the southwest comer of a tract of land heretofore
conveyed the A..J. Fiorenza, said beginning corner being located North 00 degrees 17 minutes
and 12 seconds east,a distance of 60.20 feet from the corner of Tract one:
THENCE North 85 degrees 56 minutes and 39 seconds West. along the north line of Calder
Avenue, a distance of 127.36 feet of an iron pipe for corner in the east line of the aforementioned
Drainage District Tract;
THENCE North 00 degrees 8 minutes and 34 seconds, East, along the east line of the Drainage
District Tract, a distance 498.55 feet to an iron pipe for comer in the south line of the abandoned
Missouri Pacific Railroad Company right-of-way;
THENCE along the south line of said right-of-way along the arc of a curve, a distance of 130.16
feet to an iron pipe for comer at the northwest of the aforementioned Fiorenza Tract, the radius
of said curve being 5,754.60 feet %%ith a central angle of 01 degrees 17 minutes and 45 seconds:
THENCE South 00 degrees 17 minutes and 12 seconds west, along the west line of the Fiorenza
Tract a distance of 528.61 feet to the place of beginning,containing in area, 1.505 acres of land.
more or less. `
LESS AND EXCEPT THE FOLLOWING TRACT OF LAND:
BEING a 0.135 acre tract of land in the C. Williams Surev, :abstract No. 59 in Beaumont.
Jefferson County, Texas and being out of those certain tu-o tracts of land, the first being a 1.505
acre tract of land described as Tract No. 2 in deed from Peter D Johnson to Mary Ann Fiorenza
dated April 11, 1980 and recorded in Vol. 2227. Page 3S1 of the Deed Records of Jefferson
County. Texas and the second being a 2.049 acre tract of land described in deed from Nellie B.
Brown to A. J. Fiorenza dated April 18, 197') and recorded in Vol. 1779, Page 255 of the Deed
Records of Jefferson Countv, Texas and said 0.135 acre of land being more particularly
described by metes and bounds as follows:
BEGINNING at the intersection of the East line of the Amelia Cut off drainage ditch (80 foot
right of way) and the South line of that certain 50 foot right of way conveyed in deed from the
Missouri Pacific Railroad Company to the City of Beaumont dated December 31. 1960 and
recorded under the County Clerk's File No. 597774 in the Deed Records of Jefferson County.
Texas and locating the Northeast comer of that certain 40 foot %%ide strip of land described in
deed from Grover Seagraves to the Jefferson County Drainage District No. 6 dated November
20, 1961 and recorded in Vol.1288 Page 76 of the Deed Records of Jefferson County. Texas and
also located the Northwest comer of said :Mary Ann Fiorenza 1.505 acre tract of land and
locating the Northwest comer of the tract of land herein described; and the beginning of a
nontangen curve concave to the North having a radius of 5754.6 feet, having a central angle of 2
degrees 55 minutes 43 seconds and whose chord bears North 79 degrees 38 minutes 53 seconds
East.
THENCE in a Easterly direction along the South line of said 50 foot wide right of way conveyed
by the Missouri Pacific Railroad to the City of Beaumont and along said curve an arc distance of
294.14 feet to the West line of Matthews Street and also locating the Northeast corner of said
A.J. Fiorenza 2.049 acre tract of land.
THENCE South 0 degree of 06 minutes 30 seconds West along the West line Of Matthews Street
and the East line a said A.J. Fiorenza 2.049 acre tract of land a distance of 20.44 feet to a 5/8
inch iron rod placed in the proposed South right of way line of Phelan Boulevard(100 foot right
of way)and the beginning of a nontangen curve concave to the North and concentric to the South
line of said 50 foot right of way conveyed by the :Missouri Pacific Railroad to the City of
Beaumont, having a radius of 5774.6 feet, having a central angle of 2 degrees 54 minutes 53
seconds and whose chord bears South 79 degrees 40 minutes 59 seconds West;
THENCE in a Westerly direction along the proposed South right of way line of said Phelan
Boulevard and the arc of said curve an arc distance of 293.76 feet to a 518 inch rod placed in the
West line of said Mary Ann Fiorenza 1.505 acre tract of land and the East line of said 40 foot
wide strip of land described in deed from Grover Seagraves to Jefferson County Drainage
District No. 6;
THENCE North 0 degree 51 minutes 24 seconds West along said Common line a distance of
20.2 feet to the place of beginning and containing 0.135 acres of land.
TRACT 4: Being a part of the Frank Seagraves. 2.932-acre tract of land out of the McAdams tract in the
Charles Williams League in Jefferson County, Texas described as follows.-
Being a part of those two certain tracts of land conveyed to Peter McAdams by Andrew J. Tevis
by deed dated January 9, 1869, and June 28, 1870, and recorded in Vol. O. page 279 et seq, and
in Vol. P. page 78 et seq. Of the Deed Records of Jefferson County, Texas and being that part of
the Frank Seagraves tract which ties south of Calder Avenue, the said Frank Seagraves tract
being the remaining one-half of the tract of land conveyed to Frank Seagraves by Robert L.
McAdams and wife. Millie McAdams. by deed dated September 25. 1929. recorded in Vol. 332.
page 406, of the Deed Records of Jefferson County, Texas after the west one-half of said tract
way conveyed by Frank Seagraves to Grover Seagraves by deed dated November 14. 1933.
recorded in Vol. 382, page 268, of the Deed Recorded of 1etTerson County. Texas. the tract
herein conveyed being more particularly described as follows:
BEGINNING at a galvanized iron pipe in the Vest line of the Collier 100-acre tract of land and
at the Southeast corner of the Peter McAdams tract of land and the Southeast and BEGINNING
corner of the tract of land herein conveyed; THENCE North. 89 degrees 40 minutes. West.
162.04 feet to a galvanized iron pipe for corner, said galvanized iron pipe also locating the
Southeast corner of the Grover Seagraves tract of land; THENCE North. 0 decrees 19.5 minutes
East, at 183.76 feet, along the south line of Calder Avenue for a corner. THENCE South. 8.1
degrees 56 minutes East, 162.62 feet, along the south line of Calder Avenue. to the third comer
of the tract herein conveyed; THENCE South. 0 degrees 19.5 minutes. West. 170.34 feet to the
PLACE OF BEGINNING, being 0.658 acres. more or less.
TRACTS: BEING out of and a part of a tract of 17 2110 acres of land in the Charles Williams League lying
on the West line of a tract owned by S. Collier, and South of a tract owned by Peter McAdams.
with the N.E. comer at the S.E. corner of McAdams tract. and described in the deed of partition
between the heirs of Ellen Collier. as Lot No. One (1) of said partition and in the N.E. corner of
said tract;
BEGINNING at a stake at the N.E. comer of said land PLACE OF BEGINNING.
THENCE South 282 9411100 feet. a corner and the N.E. corner of Lot No. Two(2):
THENCE West 331 feet to stake for comer and the S.E. corner of Lot No. Eight(8);
THENCE North 282 94/100 feet to the North line of said tract, a stake for corner;
THENCE East on the North line of said tract 331 feet to the PLACE OF BEGINNING,
containing two and one-eighth (2 1/8) acres of land. more or less, such property being described
in that certain deed executed by A.J. Owens on July 3)1. 1905, and recorded in Volume 87, p. 271
of the Deed Records of Jefferson County, Texas. to which reference is made for further
description.
MEN
ROULRYARO L ^ r---- .
pggLAN + 1
-------- - --T--� T
Ir Io1
T ea ! / t 94 If
m
:J
i I 1
t fiA 1
AVSNUI L------__
-�`� -
. .7i
1 T
i I
t!{ifa�TRACT}I TRACT 94—A
r
1 O
I O
1 ii Y
1 3
1 � 1
r
r 1
r r
TRACTS
1 x ,
Q '
r
r _
1
r I
� I i
*P P8 f 1'
• � I 1
' 1
r