HomeMy WebLinkAboutORD 03-096 ORDINANCE NO. 03-096
ENTITLED AN ORDINANCE DISANNEXING A 68.57±ACRE
TRACT OF LAND OUT OF THE DAVID BROWN LEAGUE,
ABSTRACT 5, FROM THE CORPORATE LIMITS OF THE
CITY OF BEAUMONT, TEXAS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL.
WHEREAS,on November 26,2003,the City Clerk of the City of Beaumont received
a petition requesting the City of Beaumont to disannex certain described property for failure
or refusal of the City to provide services to the described area; and
WHEREAS, the petition, as filed, complies with the requirements of Chapter 43 of
the Texas Local Government Code; and
WHEREAS,the City of Beaumont has abandoned all of the streets and alley rights-
of-way in the area requested for disannexation; and
WHEREAS, the utilities have been or will be disconnected in the area and the City
does not intend to provide any municipal services to the area; and
WHEREAS, the City Council of the City of Beaumont finds that the subject of this
ordinance is within their power as authorized by Article I, Section 4, of the Charter and
deems it to be in the best interest of the health, safety and welfare of the citizens of the
City of Beaumont to disannex the requested property from the corporate limits of the City
of Beaumont;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1.
THAT the 68.57 ± acre tract of land out of the David Brown League, Abstract 5 as
described in Exhibit "A," attached hereto and made a part hereof for all purposes, located
within the corporate limits of the City of Beaumont be and it is hereby declared disannexed
from the boundaries of and it is no longer a part of the City of Beaumont, Texas.
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 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 91h day of
December, 2003.
RJ
- Mayorl Evelyn M. Lord -
EXHIBIT "A"
FIELD NOTE DESCRIPTION
FOR A
68.54 ACRE TRACT
OUT OF THE
DAVID BROWN LEAGUE, ABSTRACT 5
JEFFERSON COUNTY, TEXAS
SEPTEMBER 3, 2003
REVISED: DECEMBER 8, 2003
BEING a 68.54 acre tract or parcel of land located in the David Brown League, Abstract 5,
Jefferson County, Texas, being all of that called 8.979 acre tract conveyed to Exxon Mobil
Corporation by Special Warranty Deed, dated October 30, 2000, recorded in Clerk's File No.
2000041620 of the Official Public Records of Real Property, Jefferson County, Texas, the
remainder of that called 4.261 acre tract conveyed to Magnolia Petroleum Company, recorded
in Volume 732, Page 475 of the Deed Records of Jefferson County, Texas, Tract 3 as shown on
City Plat C-3 conveyed to Magnolia Petroleum Company, recorded in Volume 128, Page 17 of
the Deed Records of Jefferson County, Texas, all of Tracts I, II, and III conveyed to Mobil Oil
Corporation by Special Warranty Deed, dated November 06, 1998, recorded in Clerk's File No.
9842565 of the Official Public Records of Real Property, Jefferson County, Texas, all of Block 1
(except Lots E & F) and Lots 1-9 and 12-20 of Hillside Addition, a plat recorded in Volume 4,
Page 182 of the Map Records of Jefferson County, Texas, all of Blocks C, D, E, and F, Blocks 4
(except Lot 14), 5, 6, 7, 14 (except Lot 1), 15, 16 (except Lot 13) and the remainder of 23 of
Oakwood Addition, a plat recorded in Volume 4, Page 67 of the Map Records of Jefferson
County, Texas, all abandoned or to be abandoned roads and alleys recorded in Ordinance #27-
5 dated March 8, 1932, Ordinance #34-P dated April 3, 1945, Ordinance #68-23 dated April 30,
1968, Ordinance #91-31 dated March 26, 1991, Ordinance#03-021 dated March 25, 2003, and
Ordinance #03-047 dated June 24, 2003, and that portion of the Kansas City Southern
(Texarkana & Fort Smith) Railroad recorded in Volume 128, Page 426 of the Deed Records of
Jefferson County, Texas and as shown on plats recorded in Volume 3, Pages 29-30 of the Map
Records of Jefferson County, Texas and recorded in Volume 65, Page 363 of the Deed Records
of Jefferson County, Texas, that 25 foot strip conveyed as part of that called 202.34 acre tract to
the Magnolia Petroleum Company, recorded in Volume 262, Page 241 of the Deed Records of
Jefferson County, Texas, and a portion of the 50-foot wide GA Burt Spur right-of-way or
easement recorded in Volume 1, Page 106 of the Map Records of Jefferson County, Texas,
said 68.54 acres being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along the south right-of-way line of Van Buren Avenue between
Holly and Grove Streets, having been called North 89 059'00" East as recorded in Clerk's File
No. 9842565 (Tract III) of the Official Public Records of Real Property, Jefferson County, Texas.
Fittz&Shipman,Inc.
Page 1 of 5
Project No. 02166.000068.54ac
Plat& Description
BEGINNING at a '/4" iron rod found at the intersection of the east right-of-way line of Carroll
Street with the south right-of-way line of Grant Street for the northwest corner of the said 8.979
acre tract;
THENCE North 89°11'11" East along the said south right-of-way line of Grant Street and the
north line of the said 8.979 acre tract a distance of 780.54 feet (called North 89 020'00" East
780.54 feet) to a3/4" iron rod found at the intersection of the said south right-of-way line of Grant
Street with the west right-of-way line of Grove Street for the northeast corner of the said 8.979
acre tract;
THENCE North 89 040'12" East continuing along the said south right-of-way line of Grant Street
a distance of 60.08 feet to a PK nail found at the intersection of the said south right-of-way line
of Grant Street with the east right-of-way line of Grove Street for the northwest corner of the
remainder of the said 4.261 acre tract;
THENCE North 89°04'18" East along the north line of the remainder of the said 4.261 acre tract
pass at a distance of 214.86 feet a capped iron rod found in the west line of the said Kansas
City Southern Railroad right-of-way and easement for the northeast corner of the remainder of
the said 4.261 acre tract and continuing a total distance of 362.00 feet to a point for corner in
the easterly boundary of the city limits;
THENCE South 00 009'33" East along the said easterly boundary of the city limits a distance of
521.22 feet to an interior corner of the said easterly boundary of the city limits;
THENCE North 89°20'00" East along the said easterly boundary of the city limits and across the
said Kansas City Southern and GA Burt Spur Railroad right-of-way and easements a distance of
50.00 feet to a point for corner in the east right-of-way line of the said GA Burt Spur for an
exterior corner of the said easterly boundary of the city limits;
THENCE continuing along the said east right-of-way line of the GA Burt Spur and the said
easterly boundary of the city limits with the courses and distance as follows:
South 01"46'18"West a distance of 307.57 feet;
South 04°07'40"West a distance of 80.44 feet;
South 02°41'12"West a distance of 189.45 feet;
South 00°41'59"West a distance of 153.51 feet;
South 00 049'53"West a distance of 1089.79 feet to a point for corner;
South 80 053'34"West a distance of 1347.66 feet to a point for corner in the east right-of-
way line of Sycamore Street;
THENCE North 00 001'25"West along the said east right-of-way line of Sycamore Street, at
74.84 feet pass a 2" iron pipe found for the southwest corner of Lot 1, Block 23 of said Oakmont
Addition, and continuing a total distance of 248.73 feet to a point at the intersection of the said
Fittz&Shipman,Inc.
Page 2 of 5
Project No. 02166.000068.54ac
Plat& Description
east right-of-way line of Sycamore Street and the south right-of-way line of Fulton Avenue for
the northwest corner of Lot 1, Block 23 of said Oakmont Addition;
THENCE North 89 052'11" East along the said south right-of-way line of Fulton Avenue a
distance of 201.52 feet to a point for the northeast corner of Lot 4, Block 23 of said Oakmont
Addition;
THENCE North 00°13'11"West a distance of 199.80 feet to a point for the northeast corner of
said Lot 13, Block 16 of Oakmont Addition;
THENCE South 89 049'31"West a distance of 50.00 feet to a point for the northwest corner of
said Lot 13, Block 16 of Oakmont Addition;
THENCE South 00°13'11" East a distance of 139.65 feet to a point in the north right-of-way line
of Fulton Avenue for the southwest corner of said Lot 13, Block 16 of Oakmont Addition;
THENCE South 89°52'11"West along the said north right-of-way line of Fulton Avenue a
distance of 151.31 feet to a3/4" iron pipe found in the said east right-of-way line of Sycamore
Street for the southwest corner of Lot 16, Block 16 of said Oakmont Addition;
THENCE North 00°01'25"West along the said east right-of-way line of Sycamore Street a
distance of 359.06 feet to a3/," square iron bar found in the north right-of-way line of Van Buren
Avenue for the southwest corner of Lot 16, Block 14 of said Oakwood Addition;
THENCE North 00°04'43" West continuing along the said east right-of-way line of Sycamore
Street a distance of 140.55 feet to the northwest corner of said Lot 16, Block 14 of Oakwood
Addition;
THENCE North 89°51'43" East a distance of 49.74 feet to the northeast corner of said Lot 16,
Block 14 of Oakwood Addition;
THENCE North 00°13'11"West a distance of 220.43 feet to the southeast corner of Lot 16,
Block 7 of said Oakwood Addition;
THENCE South 89°56'33"West a distance of 49.20 feet to a %" iron pipe found in the said east
right-of-way line of Sycamore Street for the southwest corner of said Lot 16, Block 7 of
Oakwood Addition;
THENCE North 00 009'55" East along the said east right-of-way line of Sycamore Street a
distance of 315.22 feet to a 1" iron pipe found for the southwest corner of Lot 1, Block 4 of said
Oakwood Addition;
Fittz&Shipman,Inc.
Page 3 of 5
Project No. 02166.000068.54ac
Plat& Description
THENCE North 00°12'17"West continuing along the said east right-of-way line of Sycamore
Street a distance of 140.25 feet to the northwest corner of said Lot 1, Block 4 of Oakwood
Addition;
THENCE South 89°59'42° East a distance of 150.75 feet to the northeast corner of Lot 3, Block
4 of said Oakwood Addition;
THENCE North 00 002'19" East a distance of 219.68 feet to a point in the north right-of-way line
of Burt Street and the south line of Block 2 of Hillside Addition, a plat recorded in Volume_ 4,
Page 182 of the Map Records of Jefferson County, Texas;
THENCE South 89 058'15°West along the said north right-of-way line of Burt Street and the
south line of said Block 2 of Hillside Addition a distance of 65.87 feet to a point for the southwest
corner of Lot 20, Block 2 of said Hillside Addition;
THENCE North 00°02'39" East a distance of 180.40 feet to a W iron pipe found in the south
right-of-way line of Tagore Street for the northwest corner of Lot 1, Block 2 of said Hillside
Addition;
THENCE North 89°58'15" East along the said south right-of-way line of Tagore Street and the
north line of said Block 2 of Hillside Addition a distance of 450.00 feet to a point for the
northwest corner of Lot 10 of said Block 2 of Hillside Addition and the northwest corner of the
Mobil Oil Federal Credit Union tract;
THENCE South 00°01'45" East a distance of 180.40 feet to a point in the north right-of-way of
Burt Street for the southwest corner of Lot 11, Block 2 of said Hillside Addition;
THENCE North 89 058'15" East along the said north right-of-way line of Burt Street a distance of
40.00 feet to a point for corner;
THENCE South 00°01'45" East a distance of 59.76 feet to a point in the south right-of-way line
of Burt Street and the north line of Lot 14, Block 5 of said Oakwood Addition;
THENCE South 89 058'08" East along the said south right-of-way line of Burt Street a distance of
344.28 feet to a point in the east right-of-way line of Grove Street for the northwest corner of Lot
1, Block D of said Oakwood Addition;
THENCE North 00°12'15°West along the said east right-of-way line of Grove Street a distance
of 383.73 feet to a point for the northwest corner of a tract conveyed to Magnolia Petroleum
Company as recorded in Volume 128, Page 17 of the Deed Records of Jefferson County,
Texas, City Plat C-3, Tract 3;
Fittz&Shipman,Ina
Page 4 of 5
Project No. 02166.000068.54ac
Plat& Description
THENCE South 89°20'00"West a distance of 60.00 feet to a3/4' iron rod found in the said west
right-of-way line of Grove Street for the northeast corner of Lot E of said Hillside Addition;
THENCE South 89°20'18"West along the north line of said Lot E of Hillside Addition a distance
of 73.17 feet to a point for the northwest corner of said Lot E of Hillside Addition;
THENCE South 00°12'59"West along the west line of said Lot E and Lot F of Hillside Addition a
distance of 103.73 feet to a point in the north right-of-way line of Tagore Street and the south
line of Block 1 of said Hillside Addition for the southwest corner of said Lot F of Hillside Addition;
THENCE South 89°58'15"West along the said north right-of-way line Tagore Street and south
line of Block 1 of Hillside Addition a distance of 699.41 feet to a point for the southwest corner of
Lot 1, Block 1 of said Hillside Addition;
THENCE North 00 005'58" East a distance of 96.01 feet to the northwest corner of Lot 1, Block 1
of said Hillside Addition;
THENCE North 89°20'18" East a distance of 20.00 feet to a %Z" capped iron rod set in the east
right-of-way line of Carroll Street for the southwest corner of the said 8.979 acre tract;
THENCE North 01°30'00" East along the said east right-of-way line of Carroll Street a distance
of 518.20 feet (called North 01°34'00" East 518.20 feet) to the POINT OF BEGINNING and
containing 68.54 acres of land, more or less.
Fittz&Shipman,Inc.
Page 5 of 5
Project No. 02166.000068.54ac
Plat& Description
a
A
C
E
4 15M
F
vas •ew
7-- v.-.,I,
Cr -------------------T,,A-"-I
10 r, 1, i
2 4�1 5
7;
. 0
II
,,TT 9
77 7
lF— 5
It
3 a F 9 43 1
OCUMM A%O=
C'
i Q LI
RAILPOAD EASEMENT
NE DATA
�Z
514 13 Ind a se
9,, 9
0
�
RAILRO D E ASEMENI CURVE DATA
IN.M
117--i 5 5 F
'3 1: .1 tilt
:16 15! 131 12
VA)4 ago mftz
rc
z
71 6
NOW OR FORMERLY
MAGNOLIA PETROLEUM COMPANY
No wcrs+w ILI- 1--am
DEANNEXATION PLAT
FOP EXXON—MOBIL
OUT OF
HILLSIDE AND OAKWOOD SUBDIVISIONS,
AND PART OF THE
DAVID BROWN LEAGUE, ABSTRACT 5
D DD p0 JEFFERSON COUNTY, TEXAS
Scale FITTZ & SHIPMAN
I.c
U.S.Department of Justice
Civil Rights Division
CC:MSR:ANA:par Voting Section-NWB
DJ 166-012-3 950 Pennsylvania Avenue,NW
2008-5829 Washington,DC 20530
2008-5460
March 19, 2009
Tyrone E. Cooper, Esq.
City Attorney DD
P.O. Box 3827 Qm�)
Beaumont, Texas 77704-3827
Dear Mr. Cooper:
This refers to seven annexations (adopted between December 8, 1981 and April 8, 1986)
and two deannexations (Ordinance Nos. 03-096 (2003) and 08-061 (2008)) to the City of
Beaumont in Jefferson County, Texas, submitted to the Attorney General pursuant to Section 5
of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on December 19,
2008 and January 21, 2009; supplemental information was received through March 9, 2009.
The Attorney General does not interpose any objection to the specified changes. However,
we note that Section 5 expressly provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized
by Section 5, we reserve the right to reexamine these submissions if additional information that
would otherwise require an objection comes to our attention during the remainder of the sixty-
day review period. Procedures for the Administration of Section 5 of the Voting Rights Act(28
C.F.R. 51.41 and 51.43).
Sincerely,
Ch hristopher Coates
Voting Section
U.S.Department of Justice
Civil Rights Division
CC:MSR:ANA:par Voting Section-NWB
DJ 166-012-3 950 Pennsylvania Avenue,NW
2008-5829 Washington,DC 20530
2008-5460
March 19, 2009
Tyrone E. Cooper, Esq.
City Attorney DD
P.O. Box 3827 Qm�)
Beaumont, Texas 77704-3827
Dear Mr. Cooper:
This refers to seven annexations (adopted between December 8, 1981 and April 8, 1986)
and two deannexations (Ordinance Nos. 03-096 (2003) and 08-061 (2008)) to the City of
Beaumont in Jefferson County, Texas, submitted to the Attorney General pursuant to Section 5
of the Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on December 19,
2008 and January 21, 2009; supplemental information was received through March 9, 2009.
The Attorney General does not interpose any objection to the specified changes. However,
we note that Section 5 expressly provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the changes. In addition, as authorized
by Section 5, we reserve the right to reexamine these submissions if additional information that
would otherwise require an objection comes to our attention during the remainder of the sixty-
day review period. Procedures for the Administration of Section 5 of the Voting Rights Act(28
C.F.R. 51.41 and 51.43).
Sincerely,
Ch hristopher Coates
Voting Section