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HomeMy WebLinkAboutPZ2021-325DATE: October 18, 2021 TO: Plai-ming Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Request to abandon a portion of Delta Street. FILE: PZ2021-325 STAFF REPORT Arthur Lirnbrick is requesting the abandoi-anent of Delta Street, cast of 11"' Street. The owner of 3575 Delta would like to develop his property. The only access to the property is through the undeveloped Delta right-of-way. By abandoning the right-of-way, a driveway can be constructed instead of a street built to city standards for one property. The water department has responded that there are 2 sewer lines located in this easement and Drainage District number 6 uses the right-of-way for access. Both have stated that they will need an easement. Staff recommends approval of the request with the retention of the right-of-way as an easement. Any construction of a driveway on this easement will require permission from the City of Beaumont Water Department and Drainage District Number 6. This item was sent to all interested parties. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.8150 acre tract or parcel of land situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas and being all of Delta Street (based on a width of 60 feet) lying between the South right-of-way line of Terrell Street and the East right-of-way line of Eleventh Street, said 0.8150 acre tract being more particularly described as follows: N07E: All bearings are referenced to the North line of that certain called 4.032 acre tract as described in Clerks File No. 2013 0223 77, Official Public Records of Real Properly, Jefferson County, Texas as SOUTH 89'54'15 " EAST All set 518 iron rods set with caps stamped "Alf W. 1,Vhiteley & Associates". BEGINNING at a I " iron pipe found for the intersection of the Southeasterly right-of-way line of Delta Street and the South right-of-way line of 'Ferrell Street (based on a width of 60 feet), said comer also being the Northwest comer of that certain called 4.032 acre tract out of Block 26 of the Cartwright & Roberts Subdivision "A", a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Vol -Lime 1, Page 139, Map Records, Jefferson County, Texas, said 4.032 acre tract being described in a "Special Warranty Deed" from Walter Proctor and Lashon 1). Proctor to Proctor's Mortuary, Incorporated as recorded in Clerk's File No. 2013022377, Official Public Records of Real Property, Jefferson County, exas and from said corner a I " iron pipe found for the Northeast corner of the said 4.032 acre Proctor's Mortuary, Incorporated tract, the same being the intersection of the South right-of-way line of Terrell Street and the West right-of-way line of Ninth Street bears SOUTH 89'54,15 " EAST a distance of 199,04 feet; THENCE SOUTH 42020'3 1 " WEST, along and with the Southeasterly right-of-way line of Delta Street and the Northwesterly line of the said 4.032 acre Proctor's Mortuary, Incorporated tract, for a distance of 446.26 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being the most Northerly Southwest corner of the said 4.032 acre Proctor's Mortuary, Incorporated tract and the Northwest comer of that certain tract of land as described in a "General Warranty Deed" from Martin Guidry to Kendall Moye as recorded in Clerk's File No. 2011017944, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 429 8'28 " WEST, along and with the Southeasterly right-of-way line of Delta Street and the Northwesterly line of the said Moye tract, for a distance of 124.20 feet to a 1/2" iron rod (bent) found for corner, said comer being the Southwest comer of the said Moye tract and the Northwest comer of that 0.2646 acre tract of land, identified as TRACT 1, as described in a "General Warranty Deed with Lien in Favor of Third Party" from Vernon Roberts, Inc. to Claude Vernon Roberts as recorded in Clerk's File No. 2008029889, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 42012'59" WEST, along and with the Southeasterly right-of-way line of Delta Street and the Northwesterly line of the said 0.2646 acre Roberts tract, for a distance of 82.57 feet to a 1/2" iron rod found for corner, said comer being an exterior ell corner of the said 0.2646 acre Roberts tract and being the intersection of the Southeasterly right-of-way line of Delta Street and the East right-of-way line of Eleventh Street; THENCE NORTH 00005'26 " EAST, along and with the East right-of-way line of Eleventh Street, for a distance of 89.27 feet to a 5/8" iron rod set for comer said corner being the intersection of the East right-of-way line of Eleventh Street and the Northwesterly right-of-way line of Delta Street and the Southeasterly line of the Santa Fe Railroad right-of-way (based on a width of 100 feet) and from said comer a 5/8" iron pipe found for the intersection of the East right-of-way line of Eleventh Street and the South right-of-way line of Terrell Street bears NORTH 00'05'26" EAST a distance of 394.53 feet; THENCE NORTH 42019'10" EAST, along and with the Northwesterly right-of-way line of Delta Street and the Southeasterly line of the Santa Fe Railroad right-of-way, for a distance of 532.54 feet to a 5/8" iron rod set for corner, said comer being the intersection of the Northwesterly fight - of -way line of Delta Street and the South right-of-way line of Terrell Street and said comer bears SOUTH 89052'35" EAST a distance of 357.92 feet from the said 5/8" iron pipe found for the intersection of the East right-of-way line of Eleventh Street and the South right-of-way line of 'Ferrell Street; THENCE SOUTH 89052'35 " EAST, along and with the South right-of-way line of Terrell Street, for a distance of 80.99 feet to the POINT OF BEGINNING and containing 0.8150 Acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Arthur Limbrick PROPERTY OWNER: City of Beaumont 1.,OCATION: North of Washington Blvd. and east of 11"' Street EXISTING ZONING: GC -MD (General Commercial - Multiple -Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Railroad EAST: Vacant SOUTH: Commercial WEST: Commercial COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: —0,815 acres, more or less Undeveloped City Street X — Area determined to be outside the 500 year floodplain. SURROUNDING ZONING: GC -MD (General Commercial - Multiple -Family Dwelling) GC -MD GC -MD GC -MD Conservation and Revitalization Delta Street -- Undeveloped local street with an approximately 60'right-of way. Open ditch None 6" & 54" water lines 5806 Chapel Lane * Beaumont, Texas, 77705 * 409-434.0700 Office * 409-842-8156 Fax City of Beaumont -Planning and Zoning P. O. Box 3827 Beaumont, Texas 77704 To Whom It May Concern: This is to inform you that Mr. Kendall Moye, is requesting to abandon Delta Street in order to construct a Soul Food to Go Drive Thru restaurant. Sincer Arthur Limbrick, Owner LIM Construction Inc, 5806 Chapel Lane Beaumont, TX 77705 Office: (409) 434-0700 Cell: (409) 338-0832 Fax: (409) 842-8156 limconstruction@att.net I h cV :14 nl+** c Nrnai W p. 2 * ffi0) 0) cwi � t t rx r, W R co w Gn iL r * a- 133131E H1NIN Ai x �F- --w o aw aidowo n- m,ui cn a o z (n EL cncn Exuo-w Mx�0tn �o o z z ca 48zaa cr Ln�C�- a z �a. uu.S2urt bi2z zo C7�ZC7 Owo FF^^n.,��w2�%dwbrr� 9.-:hC46W ic--8mmFa<mNiv) Z wSz oMC4va wig z 40 O K a L�s ;C 3.99,90.00N ,09TO 3.9Z,90.00N 0N3 N N I`h* h* cn 04.-M .Z 2 hl co cq •- -N4 r- Vbztim in G? 17) �- CV t(7 WOOMI Mn mn110n99 co ft wWa 0 <jiOO��2 70 Owz QLL: Cz 4�S / #,may Y 1 -0 U ff— z F- >- > U w N Z U- w lw- -j F- U �°m0)aa 2 CR W 0 -j> © Q o d Q m *" � O a 12o r y��/ryryI� +F �y,.,1 I1J a W � N 2QQ 6 �J6 10 N 7 moo x z z a IL U 051 Ni M a�B pps y 0 w m a �a �w iLz Nw CLO �wf2(L �, w� dU �Qw oz� w W� w G)G7 h 0 U5 T'� N C? Q CY Ow w0 �� m zw P. m dk,pr, Ifi." 4-).f'cv11-nc" A-1 htJ6C:v-G9-'2137-3i22 .' @C- a F�-n a > : '-Ve To Whom It May Concern, This is to inform all that are in the need to know, that, 1, Lashon D. Proctor with Proctor's Mortuary is interested in the property that will become available with the abandonment of Delta St. by the City of Beaumont. Please count this as a notice to contact me with any information or requirements that are needed by me. Sincerely, Lashon D. Proctor Fax & Email Beaumont - 409-840-4530 * Woodville- 409-33M388 * Anahuac- 409-267-3188 Pj —OC t Q! L� La 119 -1 I—L I ag Oa 11 �10 I - Q 9 1 021-325: Request to abandon a portion of Delta Street. licant: Arthur Limbrick ocation: West of Ilt" Street and north of Washington Boulevard 0 100 200 300 400 1 1 1 1 1 1 Feet