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Home My WebLink AboutORD 05-080 ORDINANCE NO. 05-080 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 A-R (AGRICULTURAL RESIDENTIAL) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF N. MAJOR DRIVE,APPROXIMATELY 1,850' NORTH OF THE FOLSOM ROAD INTERSECTION, 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 A-R (Agricultural-Residential) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on the west side of N. Major Drive, approximately 1,850' north of the Folsom Road Intersection, City of Beaumont, Jefferson County, Texas, as described in Exhibits "A" and "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 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 11th day of October, 2005. i MO��,11 1 Mayor Guy N. Goodson - W •�• . flll,t �� ii LEGAL DESCRIPTION FOR ORDINANCES PURPOSES Being a 18.46 acre tract or parcel of land out of the Rutledge Homestead Tract Partition as recorded in Volume 1226, Page 101 of the Deed Records, County Clerk's Office, Jefferson County, Texas and being all of the following described several tracts of land: a 3.04 acre tract (called Tract 1 and Lot 2 of said Rutledge Partition) as conveyed by deed to Ronald Jannise, et ux, recorded in Film Code File No. 105-09-0380, Real Property Records, , a 1.96 acre tract (called Lot 8 of said Rutledge Partition) as conveyed by deed to Douglas H. Wells, recorded in File Code File No. 100-04-0574, Real Property Records, the remnant portion of a 1.96 acre tract (called Tract 2 - Lot 14 of said Rutledge Partition), a 3.98 acre tract (called Tract 1 -Parcel 2 - Lots 12 and 13 of-said Rutledge Partition) a 1.96 acre tract (called Tract - 1 Parcel 3 - Lot 10 of said Rutledge Partition) all being conveyed by deed to John William Banks, et al, recorded in Clerk's File No. 1999027261, Official Public Records, a 1.96 acre tract(called Lot 9 of said Rutledge Partition) as conveyed by deed to said John William Binks, et al,recorded in Clerk's File No. 2003042350, Official Public Records, a 1.96 acre tract (called Tract 2 -Lot 11 of said Rutledge Partition) as conveyed to said John William Binks;et al, recorded in Clerk's File No. 2003025341, Official PublicRecords,together with the remaining portion of said Rutledge Partition designated as a 60 feet Road Right of Way adjoining said Lots, all being situated in and a part of the Daniel Easley League, Abstract No. 20, Jefferson County, Texas, said 18.46 acre tract being more particularly described by metes and bounds as follows; Commencing at a point located on the West line of North Major Drive (aka FM Hwy 364) marking the Southeast corner of a 3.04 acre tract(called Lot 1 of said Rutledge Partition) as conveyed by deed to Douglas H. Wells, recorded in Film File Code No. 100- 04-0574, Real Property Records, this point also marks the Northeast corner of the Westhaven Terrace Addition as recorded in Volume 12, Page 20 of the Map or Plat Records of said County; THENCE North 00 deg. 29 min. 33 sec. West along said West Right of Way line a distance of 157.27 feet to the Northeast comer of said Lot 1 and the upper Southeast comer and PLACE OF BEGINNING of the herein described tract of land; THENCE South 89 deg. 25 min. 43 sec. West along the North line of said Lo_t 1 a distance of 844.39 feet to a point marking the Northwest corner of said Lot 1, the Northeast corner of said Lot 8 and "ELL" of the herein described tract of land; THENCE South 00 deg. 20 min. 37 sec. East ,passing at a distance of 157.27 the Southwest comer of said Lot 1 and the Northwest corner of said Westhaven Terrace Addition and continuing for a total distance of 595.06 feet a 5/8" steel rod found marking the Southeast comer of said Lot 8 and the lower Southeast corner of the herein described tract of land, this point also marks the upper Northeast corner of a called 84.974 acre tract as conveyed by deed to L C'I America, LLC, recorded in Clerk's File No. 2002028079 of said Official Public Records; EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCES PURPOSES THENCE North 89 deg. 46 min. 48 sec. West along the North line of said 84.974 acre tract with the South line of said Lots 8, 9, 10 and 11 a distance of 1110.91 feet to a point located on the East line of a 220 feet wide Right of Way as conveyed by deed to the Neches Canal Company(now the Lower Neches Valley Authority - aka L.N. V. A), recorded in Volume 81 page 266 of said Deed Records, this point also marks the Northwest corner of said 84.974 acre tract, the Southwest corner of said Lot 11 and the Southwest corner of the herein described tract of land;. THENCE North 27 deg. 21 deg. 00 sec. East along the said East Right of Way line with the West line of said Lot 11 a distance of 29.87 feet to an angle point for corner; THENCE North 42 deg. 52 min. 10 sec. East continuing along the East line of said L.N. V. A. Right of Way with the West line of said Lots 11, 12 and 13 a distance of 1330.87 feet to a 5/8" steel rod found marking the Northeast corner of said Lot 13, the Northwest corner of said Lot 14, and the Northwest corner of the herein described tract of land, this point also marks and angle point for corner of a called 7.368 acre tract as conveyed by deed to Breakwater Bay, LTD. recorded in Clerk's File No. 2003014455 of said Official Public Records; THENCE South 00 deg. 24 min. 57 min. East along the West line of said 7.368 acre tract with the common line of said Lots 13 and 14 a distance of 196.84 feet to a 1/2" steel rod with cap found marking the Southwest comer of said 7.368 acre tract and an"ELL' corner of the herein described tract of land; THENCE North 89 deg. 21 min. 37 sec. East along the South line of said 7.368 acre tract with the North line of this tract a distance of 1028.89 feet to a 3/4" steel rod found located on the said West Right of Way line of North Major Drive marking the Southeast corner of said 7.368 acre tract, the Northeast corner of said Lot 2 and the Northeast corner of the herein described tract of land; THENCE South 00 deg. 29 min. 33 sec. East along the said West Right of Way line with the East line of said Lot 2 and upper East line.of this tract a distance of 217.39 feet to the .upper Southeast comer and PLACE OF BEGINNING and containing in area 18.46 acres of land, more or less. File 1799-Z: Request for a zone change from A-R (Agricultural-Residential) District to li NORTH RMI -H (Residential Multiple Family Dwell ing-.oad intersection Highest Density) District or more restrictive district. ocation: West side of N. Major Drive, approxii ,pplicant: John Binks, Douglas Barlow, Douglas Wells, Ronald and Monica Jannise FEII SO VMIAM WIN