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HomeMy WebLinkAboutORD 78-103ORDINANCE NO -WAW ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 78-102, AND CORRECTING SAME BY AMENDING CHAPTER 12 OF- 'THE CODE OF. ORDINANCES OF BEAUNI�NT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CITY OF BEAUMONT, TEXAS,BY CHANGING A 6.77 ACRE TRACT OF LAND AND A 16.71 ACRE TRACT OF LAND OUT OF THE DANIEL EASLEY SURVEY,JEFFER- SON" COUN'T'Y, TEXAS, AS HEREINAFTER DESCRIBED, PRESENTLY ZONED 11R-1" TO 11R -2M," PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. MMREA.S, on October 3, 1978, the City Council passed Ordinance No. 78-102 which rezoned .two tracts of land out of the Daniel Easley Survey, Jefferson County, Texas; and, WHEREAS, said ordinance contained an error whereby a 6.77 acre tract of land.out of said survey was changed to "LR -1," Local Retail Dis- trict, and a 16.71 acre tract of land was changed to "R-2," Two Family and Multiple Dwelling, instead of "R -2M," Medium Density Multiple Dwelling, as to both tracts, which was the recommendation of the Planning and Zoning Commission; and, WHEREAS, the City Council wishes to correct said error and correctly zone said tracts of land "R -2M," Medium Density Multiple Dwelling; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Pamr-i-i nn l That Ordinance No. 78-102 be repealed. _Qcr•i-i nn i That Chapter 42 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 42-9 thereof,is hereby amended by changing the zoning classification of the following des- cribed tracts of land presently zoned "R-1," Single Family Dwelling, to "R -2M," Medium Density Multiple Dwelling, to wit: Tract 1 That certain tract of land described as oontaining 6.778 acres of land within and a part of a 319 acre tract of land con- veyed to C. Doornbos by deed dated.November 13, 1917, and recorded in Volume 169, Page 242, of the Deed Records of Jefferson County, Texas, all situated in the west end of the Daniel Easley Survey, A-20, Jefferson County, Texas; said 6.778 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a point for the intersection of the occupied North right-of-way line of OV, W-163 State Highway No. 105, a.100 -foot wide right-of-way and the East fright-ofway line of Keith Road, a 60 -foot wide right- of-way; said point being South 01° 01' 00" East, a distance of 359.95 feet from the most westerly northwest corner of the said 319 acre tract and also being the Southwest corner of a called 5.00 acre tract of land conveyed to Sam J. Chimeno by deed dated September 28, 1977 and recorded in Volume 2028, Page 489, Jefferson County Deed Records; THENCE North 890 16' 00" East along the said occupied North right-of-way line State Highway No. 105 and the South line of the said 5.00 acre tract, a distance of 623.48 feet to an iron rod for the POINT OF BEGINNING of the said.6..778 acre tract of land; said POINT OF BEGINNING also being the South- east corner of the said 5.00 acre tract of land; THENCE North 01° 01' 00" West along the east line of the said 5.00 acre tract of land, a distance of 359.95 feet to an iron rod for the northwest corner, in the south line of a 50 acre tract of land awarded to Charlotte (Lottie) Smith Daniell by the 60th District Court (Cause No. 3975), Jefferson County, Texas, described in Volume 1, page 453, and recorded in the Jefferson County District Clerk's office; THENCE North 890 161.00" East along the South line of said 50 acre tract of land and the most southerly north line of said 319 acre tract of land, a distance of 820.37 feet to an iron pipe for the northeast corner; THENCE South 010 01' 00" East, a distance of 359.95 feet to a point for southeast corner on the said occupied north right-of-way line of State Highway No. 105; THENCE South 890 16' 00" West along the said occupied north right-of-way line of State Highway No. 105, a distance of 820.37 feet to the POINT OF BEGINNING, and containing 6.778 acres of land. Tract 2 That certain tract of land described as containing 16.713 acres of land within and ' a part of a 319 acre tract of land conveyed to C. Doornbos by Deed dated November 13, 1917, and recorded in Volume 169, Page 242, of the Deed Records of . Jefferson County, Texas, all situated in the west end of the Daniel Easley Survey, A-20, Jefferson County, Texas; said 16.713 acre tract of land being more particulary described by metes and bounds as ;follows: -2- COMNIENCING at a point for the intersection of the occupied North right-of-way line of State Highway No. 105, a 100 -foot wide right-of-way and the East right-of-way line of Keith Road, a 60 -foot wide right-of-way said ?point being South 01° 01' 00" East, a distance of 359.95 feet from the most wes- terly northwest corner of the said 319 acre tract and also being the Southwest corner of a called 5.00 acre tract of land conveyed to Sam J. Chimeno by deed dated September 28, 1977 and recorded in Volume 2028, Page 489, Jefferson County Deed Records; TRICE North 890 16' 00" East along the said occupied North right-of-way line of State Highway No. 105 and the South line of the said 5.00 acre, a distance of 1443.85 feet to the POINT OF BEGINNING of the said 16.713 acre tract of land; THENCE North 01° 01'. 00" West, a distance of 1,040.00 feet to a point for Northwest corner, in the east line of a 50 acre tract of land awarded to Charlotte (Lottie) Smith Daniell by the 60th District Court (Cause No. 3975), Jefferson County, Texas, described in Volume 1, page 453, and recorded in the Jefferson County District Clerk's Office; THENCE North 890 16' 00" East, a distance of 700.00 feet to a point for the northeast corner; THENCE South 010 01' 00" East, a distance of 1,040.00 feet to a point for the southeast corner on the said occupied north right-of-way line of State Highway No. 105; THENCE South 89° 16' 00" West along the said occupied north right-of-way line of State Highway No. 105, a distance of 700.00 feet to the POINT, OF BEGINNING, and containing 16.713 acres of land. and'the official Zoning Map of the City of Beaumont is hereby amended to reflect such changes. Section 3_ That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 42 of the Code of Ordinances of Beaumont, Texas, adopted August 19, 1958, as amended. Section 4 _ That the terns and provisions of this ordinance shall be deemed to be severable, and that if the validity of the zoning affecting any portion of the property described hereinafter shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the property described herein. W930 Section 5. That if any person or corporation violating any of the iexms and provisions of this ordinance shall be subject to the same penalties provided for in said Chapter 42 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COLNCIL of the City of Beaumont this the IV� day of , 1978. r � ww- Mayor - -4-