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HomeMy WebLinkAboutORD 16-025ORDINANCE NO. 16-025 ENTITLED AN ORDINANCE VACATING AND ABANDONING THE MUELLA CREEK DRIVE CUL-DE- SAC, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Rippeon Properties, LTD has requested the abandonment of the Muella Creek Drive cul-de-sac, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the cul-de-sac is not necessary for municipal street purposes and the abandonment of said cul-de-sac is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the Muella Creed Drive cul-de-sac, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of April, 2016. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.1709 acre tract (7,445 square feet) of land lying in the Wesley Dikes League, Abstract No. 17 in Jefferson County, Texas, being out of and a portion of Muela Creek Drive, a subdivision containing 1.136 acres of land as shown on a Plat of record in County Clerk's File No. 2005041365 of the Official Public Records of Jefferson County, Texas, specifically being the 50' cul-de-sac located at the West -end of said Muela Creek Drive (as shown on said plat), said 0.1709 acres being more particularly described as follows: Beginning at 1/2" Rod found marking the South right-of-way of Muela Creek Drive (a 60' wide public roadway) the Northwest corner of that certain 8.37 acre tract of land described in an instrument to Kohl's Illinois, Inc. of record in County Clerk's File No. 2008002490 of the said Official Public Records, the East line of the remainder of 26.2 acres of land described in an instrument to R.ippeon Properties, LTD. designated as "Tract 2" of record in County Clerk's File No. 2015018987 of the said Official Public Records an being the Southeast corner of the. herein described tract; THENCE N 03008'46" W, over and across the said Muela Creek Drive and with the East line of the herein described tract for a distance of 60.00' to a 1/2" Rod found marking the North right-of-way line of said Muela Creek Drive, the Southwest corner of Lot No. 1 of American Home Center, a subdivision containing 2.638 acres of land as shown on a Plat of record in County Clerk's File No. 2009041848 of the said Official Public records, also being in the East line of the said remainder of 26.2 acres and being the Northeast corner of the herein described tract; THENCE with the curve of said cul-de-sac to the left, having a Radius of 50.00' with Texas State Plane Coordinate (SCZ) values of N=13,986,784.63 E=3,494,706.85, Delta angle of cul-de-sac is 286015'37" with an Arc distance of 249.81', closing to the point and place of beginning, containing 0.1709 acres of land in area, more or less. EXHIBIT "A" March 21, 2016 The intent of this Plat is for abandonment procedures EXHIBIT B of the cul—de—sac (shown hereon, and described on To accompany: EXHIBIT A —attached) and the adjoining 10' wide APPLICATION FOR RIGHT—OF—WAY utilities easement. The purpose of this abandonment OR UTILITY EASEMENT ABANDONMENT is for the Westward continuation of Mueler Drive. CIN OF BEAUMONT, TEXAS 10.170 Acres Lynch Texas Pointe, LLC 20' City of Beaumont Clerk's File No. 2004032108 OPRJCT Storm Sewer Easment CCF NO. 2005041305 OPRJCT 7 -- SCALE. 1 " = 80 --------=------- E I r� 24.16 Acres1 I w° rn I Remainder of 26.2 Acres (Tract 2) I m I Rippeon Properties, Lot LTD. I rn a Clerk's File No. 2015018987 OPRJCT I I of N Acres m I'o No. 1 of: I I ❑ American Home Center Subdivision c) I Subject Tract I I Clerk's File No. 2009041848 OPRJCT N I 0.1709 Acre10 s 4 --------------------25' Building Line ---------_____J 1L ----------------- ------ ____—_--- 10' Utity--Easement —__ ------ �QQ I— h° Muela Creek Drive N 03'08'46" W 60.00' 60' ROW 1.136 Acres. Clerk's File No. 2005041365, OPRJCT 50' Radius Point ___________________ _ -----------T-- ------------------ N=13,986,784.63 / 10 Utility basement— 8.37 Acres E=3,494,704.6 ��_ _� — POB Kohl's Illinois, Inc. Clerk's File No. 2008002490 OPRJCT �E °F Fittz&Shi man _ r? -061 �F � z e o ,9 WESLEY DIKES LEAGUE A-17 I ARTHEMISE DUWE SURVEY Abstract No. 17 Abstract No. 459 T.B.P.E. FIRM 1160 T.X,L.S. FlRM 100186 INC, Mitchell Lee Brackin u'I ConsagEnginem and Land Surveyors .,.�a' 5163'�� 1405 CORNERSTONE COURT BEAUMONT, TEXAS MITCHELL LEE BRACKIN 9jy'; E55�... (409)832-7238 FAX (409)832-7303 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5163 O SURF Fh: 15049 CUL—DE—SAC Drawn by: Taylor Rush fli m UJ BEAUMONT E x n. 1016013681 ORD THE STATE OF TEXAS § § CERTIFICATE TO COPY OF PUBLIC RECORD COUNTY OF JEFFERSON § I hereby certify, in the performance of the functions of the City Clerk's office, that the 5 attached instrument is a full, true, and correct copy of Ordinance 16-02,: This Ordinance was passed by Council on the 26th day of April, 2016, appears of record in my office and that said document is an official record from the public office of the City Clerk of the City of Beaumont, Jefferson County, State of Texas, and is kept in said office. I further certify that I, Tina Broussard, am the City Clerk, of the City of Beaumont, that I have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 29th day of April, 2016. City Clerk City of Beaumont, Jefferson County, Texas Tina Broussard, TRMC City Clerk • (4o9) 880-3745 • Fax (4o9) 880-3740 P.O. Box 3827 • Beaumont, Texas 77704-3827 ORDINANCE NO. 16-025 ENTITLED AN ORDINANCE VACATING AND ABANDONING THE MUELLA CREEK DRIVE CUL-DE- SAC, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Rippeon Properties, LTD has requested the abandonment of the Muella Creek Drive cul-de-sac, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the cul-de-sac is not necessary for municipal street purposes and the abandonment of said cul-de-sac is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT the Muella Creed Drive cul-de-sac, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of April, 2016. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.1709 acre tract (7,445 square feet) of land lying in the Wesley Dikes League, Abstract No. 17 in Jefferson County, Texas, being out of and a portion of Muela Creek Drive, a subdivision containing 1.136 acres of land as shown on a Plat of record in County Clerk's File No. 2005041365 of the Official Public Records of Jefferson County, Texas, specifically being the 50' cul-de-sac located at the West -end of said Muela Creek Drive (as shown on said plat), said 0.1709 acres being more particularly described as follows: Beginning at 1/2" Rod found marking the South right-of-way of Muela Creek Drive (a 60' wide public roadway) the Northwest corner of that certain 8.37 acre tract of land described in an instrument to Kohl's Illinois, Inc. of record in County Clerk's File No. 2008002490 of the said Official Public Records, the East line of the remainder of 26.2 acres of land described in an instrument to Rippeon Properties, LTD. designated as "Tract 2" of record in County Clerk's File No. 2015018987 of the said Official Public Records an being the Southeast corner of the, herein described tract; THENCE N 03008'46" W, over and across the said Muela Creek Drive and with the East line of the herein described tract for a distance of 60.00' to a 1/2" Rod found marking the North right-of-way line of said Muela Creek Drive, the Southwest corner of Lot No. 1 of American Home Center, a subdivision containing 2.638 acres of land as shown on a Plat of record in County Clerk's File No. 2009041848 of the said Official Public records, also being in the East line of the said remainder of 26.2 acres and being the Northeast comer of the herein described tract; THENCE with the curve of said cul-de-sac to the left, having a Radius of 50.00' with Texas State Plane Coordinate (SCZ) values of N=13,986,784.63 E=3,494,706.85, Delta angle of cul-de-sac is 286°15'37" with an Arc distance of 249.81', closing to the point and place of beginning, containing 0.1709 acres of land in area, more or less. EXHIBIT "A" March 21, 2018 The intent of this Plat is for abandonment procedures EXHIBIT B of the cut —de —sac (shown hereon, and described on To accompany., APPLICATION FOR RIGHT—OF—WAY EXHIBIT a —attached) and the adjoining 10' wide OR UTILITY EASEMENT ABANDONMENT utilities easement The purpose of this abandonment CITY OF BEAUMONT, TEXAS 1-Is for the Westward continuation of Mueler Drive. 10.170 Acres Lynch Texas Pointe, LLC 20' City of Beaumont Clerk's File No. 2004032108 OPRJCT Storm Sewer Eosmant CCF NO. 200504IJ05 OPRJCT --------------- 24.16 Acres 1 Remainder of 26.2 Acres (Tract 2) Rippeon Properties, LTD. Clerk's Fite No. 2015018987 OPRJCT ,Subject Tract 0. Z 709 Acres 60' Radius Paint N=13,986,784,63 E=3,494, 706.85 — ! I Iw �I I 2,638 Acres O No. 1 i 4 Lot of. American Home Center Subdivision a I I o Clerk's File No. 2009041848 OPRJCT10 ry I IN I o I'B 25' Building Line -- — — — — - - - - — — — — / - Q � ----- -------------------------------- — — — — --- q Utilit�Easament— Muela Creek Drive N 03'08'46' W ( O 60.00, 60' ROW 1.736 Acres. Clerk's File No. 2005041365, OPRJCT Fittz&Shn T.B.P.E. FIRId 116D T.X.t,S.!!"!INC. COnwhingKV= and Laud Sufws 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 n. 15W CUL-DE-SAC Drawn by: Taylor Rush — — — — — — — — —— =----------------- Tt5' Utttity r asemenf------- 8.37 Acres C pO$ Kohl's Illinois, Inc. Clerk's File No. 2008002490 OPRJCT I� 0 k OF `P;Qw�i£RFd.�yN WESLEY DIKES LEAGUE A-17 •r Abstract No. 17 Mitchell Lee Brackin HI + 5163. ~' MITCHELL LEE BRACKIN f9ND ..... o i REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5163 _ _ SCALE. 1 " = 80' SURVEY 459 M CITY OF BEAUMONT ATTN: TINA BROUSSARD 801 MAIN ST 0125 BEAUMONT TX 77701 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas May 03, 201FEE6 .12 PM $38.00 2@16013684