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Home My WebLink AboutORD 09-066 ORDINANCE NO. 09-066 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF DELAWARE AND GRAND, 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 GC- MD (General Commercial - Multiple Family Dwelling) District for property located at the southwest corner of Delaware and Grand, 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 24th day of November, 2009. i ••«• � �� - Mayor Becky Ames - AW � LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.4912 acre tract or parcel of land situated in the James Drake Survey, Abstract No. 18, Jefferson County, Texas and being out of and part of Block 132 of the Beaumont Improvement Company Subdivision and also being all of those certain two tracts of land as described in a "Warranty Deed with Vendor's Lien" from Ophelia Dumesnil to Paul A. Brown and wife, Emma E. Brown as recorded in Volume 2211, Page 157, Deed Records, Jefferson County, Texas, save and except that certain called 0.163 acre tract of land as described in a "General Warranty Deed with Vendor's Lien in Favor of Third Party" from Paul A. Brown and wife, Emma E. Brown to Henry James Lopez and spouse, Linda Joyce Lopez as recorded in Film Code No. 100-73-2188, Official Public Records of Real Property, Jefferson County, Texas, and furthermore being all of that certain tract of land as described in a "Warranty Deed with Vendor's Lien" from Paul A. Brown and Emma E. Brown to Church of The Living God as recorded in Clerk's File No. 98-9816888, Official Public Records of Real Property, Jefferson County, Texas and also being out of and part of that certain called 1.3813 acre tract of land as described in a "General Warranty Deed" from Church of the Living God to The Harmony Missionary Baptist Church as recorded in Clerk's File No. 2009010108, Official Public Records of Real Property, Jefferson County, Texas, said 0.4912 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northwesterly line of that certain called 0.163 acre tract of land as described in Clerk's File No. 95-9504618, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 67°28'00" WEST. All set 5/8" iron rods set with a cap stamped "M. W. Whiteley& Associates". BEGINNING at a 5/8" iron rod found for the most Easterly corner of the tract herein described, said corner also being the most Northerly corner of that certain called 0.163 acre tract of land as described in a"Warranty Deed" from Western United Life Assurance Company to Frank James and Marie Melder Thomas as recorded in Clerk's File No. 95- 9504618, Official Public Records of Real Property, Jefferson County, Texas, and said corner being in the Southwesterly right-of-way line of Grand Avenue (based on a width of 60 feet); THENCE SOUTH 67°28'00" WEST, for the boundary between the tract herein described and the said 0.163 acre Frank James, et al. tract, for a distance of 120.31 feet to a 5/8" iron rod found for corner, said corner being the most Westerly corner of the said 0.163 acre Frank James, et al. tract; THENCE SOUTH 22°30'28" EAST, over and across the said 1.3813 acre Harmony Missionary Baptist Church tract of land, for a distance of 189.84 feet to a point for corner, said corner being in the Southeasterly right-of-way line of Delaware Street (based on a width of 40 feet); EXHIBIT "A" LEGAL DESCRIPTION continued THENCE NORTH 67 037'04" EAST, along and with the Southeasterly right-of-way line of Delaware Street, for a distance of 105.27 feet to a 5/8" iron rod set for corner, said corner being the intersection of the Southeasterly right-of-way line of Delaware Street and the Southwesterly right-of-way line of Grand Avenue; THENCE SOUTH 27 002'42" EAST, along with the Southwesterly right-of-way line of Grand Avenue, for a distance of 190.15 feet to the POINT OF BEGINNING and containing 0.4912 ACRES, more or less. File 2008-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: Southwest corner of Delaware and Grand Applicant: Harmony Missionary Baptist Church 0 50 100 200 Feet I i I I Legend 200sz R-S R-S R-S- GC-MD R-S c� �N N>► E S� GC-MD V� R-S GC-MD . R-S 20 GC-MD �G R-S GC-MD - R R-S EXHIBIT "B"