HomeMy WebLinkAboutORD 23-027ORDINANCE NO. 23-027
ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE NORTH END
OF AMARILLO STREET, THE NEIGHBORING ALLEYWAY IN BLOCK 32,
CARTWRIGHT TERRACE AND AN ADJOINING PORTION OF FORSYTHE STREET,
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; FOR A PROPOSED NEW
RAILROAD SPUR FOR BNSF RAILWAY COMPANY.
WHEREAS, the City of Beaumont Planning Department has requested the
abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway
in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, City of
Beaumont, Jefferson County, Texas, for a proposed new railroad spur for BNSF
Railway Company be approved; and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion it is in the best interest of the City and should be granted subject to
the following conditions:
1. Obtain approval of PZ2022-216 for a new railroad spur;
2. If approved, applicant shall obtain an appraisal and Title Commitment for
the property to be abandoned at their expense. Appraisal and Title
Commitment must be submitted to the Planning office along with proof
that payment has been arranged prior to the item being placed on City
Council's Agenda;
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 abandonment of the north end of Amarillo Street, the neighboring
alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street,
City of Beaumont, Jefferson County, Texas, for a new railroad spur for the BNSF
Railway Company is of the opinion and is in the best interest of the City and should be
granted subject to the following conditions:
3. Obtain approval of PZ2022-215 for a new railroad spur.
4, if approved, applicant shall obtain an appraisal and Title Commitment for
the property to be abandoned at their expense. Appraisal and Title
Commitment must be submitted to the Planning office along with proof
that payment has been arranged prior to the item being placed on City
Council's Agenda.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas'Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
March, 2023.
- Mayor Robin Mouton -
LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES
AMARILLO STREET ABANDONMENT
A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND SHOWN
ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE
DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 3, PAGE 147
OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1" IRON PIPE FOR. THE SOUTHWEST CORNER OF LOT
5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3,
PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE
OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32,
NO3°22'26"W A DISTANCE OF 99.71 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID COMMON LINE N37°16'35"W A DISTANCE OF
107.57 FEET TO THE COMMON LINE BEING THE WESTERLY RIGHT OF WAY LINE OF
SAID AMARILLO STREET AND THE EASTERLY LINE OF BLOCK 31 IN SAID
CARTWRIGHT TERRACE ADDITION, SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF LOT 11, REPLAT OF BLOCK 31 AS SHOWN ON THE MAP OF THE WEST
CARTWRIGHT ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED
IN VOLUME 8, PAGE 75 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS;
THENCE ALONG SAID COMMON LINE NO3°22'26"W A DISTANCE OF 50.00 FEET TO
THE NORTHEAST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE
INTERSECTION OF THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF
AMARILLO STREET WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED
DATED JULY 1, 1882, FROM AMANDA CARTWRIGHT TO SABINE & EAST TEXAS
RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME
V, PAGE 133 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS;
THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE OF
SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133,
N86040'20"E A DISTANCE OF 60.00 FEET TO THE COMMON LINE BEING THE
INTERSECTION OF THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF
AMARILLO STREET AND THE WESTERLY LINE OF AFORESAID BLOCK 32 WITH THE
SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING
THE NORTHWEST CORNER OF LOT 1, OF SAID BLOCK. 32;
THENCE ALONG SAID COMMON LINE S03022'26"E A DISTANCE OF 139.23 FEET TO
THE POINT OF BEGINNING.
EXHIBIT "A"
CONTAINS 0.130 ACRES OR 5,677 SQUARE FEET, MORE OR LESS.
AMARILLO STREET VACATION
A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND
SHOWN ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED
IN THE DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME
3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND V IRON PIPE FOR THE SOUTHWEST CORNER OF
LOT 5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN
VOLUME 3, PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE
OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32,
NO3°22'26"W A DISTANCE OF 49.73 FEET TO THE NORTHWEST CORNER OF
SAID LOT 5, SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID COMMON LINE N37°16'57"W A DISTANCE OF
107,55 FEET TO THE SOUTHEAST CORNER OF LOT 12, REPLAT OF BLOCK 31 AS
SHOWN ON THE MAP OF THE WEST CARTWRIGHT ADDITION, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 8, PAGE 75 OF THE MAP
RECORDS OF JEFFERSON COUNTY, TEXAS, SAID POINT BEING ON A COMMON
LINE BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET
AND THE EASTERLY LINE OF SAID BLOCK 31;
THENCE ALONG SAID COMMON LINE N03022'26"W A DISTANCE OF 50.00 FEET
TO THE NORTHEAST CORNER OF SAID LOT 12;
THENCE DEPARTING FROM SAID COMMON LINE S37016'35"E A DISTANCE OF
107.57 FEET TO A POINT ON THE COMMON LINE BEING THE EASTERLY RIGHT
OF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID
BLOCK 32;
THENCE ALONG SAID COMMON LINE S03022'26"E A DISTANCE OF 49.98 FEET
TO THE POINT OF BEGINNING.
CONTAINS 0.069 ACRES OR 2,999 SQUARE FEET, MORE OR LESS.
FORSYTHE STREET AND 20' ALLEY ABANDONMENT
A PORTION OF PLATTED FORSYTHE STREET (60' WIDE) AND THE PLATTED ALLEY
(2.0' WIDE) DEDICATED AND SHOWN IN BLOCK 32 ON THE CARTWRIGHT TERRACE
ADDITION, A SUBDIVISION SITUATED IN THE DAVID BROWN SURVEY, ABSTRACT
NO. 5, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF,
RECORDED IN VOLUME 3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND I" IRON PIPE FOR THE SOUTHWEST CORNER OF LOT
5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME
3, PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE NORTHERLY RIGHT OF WAY
LINE OF SAID FORSYTHE STREET AND THE SOUTHERLY LINE OF SAID BLOCK 32,
N86020'33"E A DISTANCE OF 123.00 FEET TO THE POINT Or BEGINNING;
THENCE CONTINUING ALONG SAID COMMON LINE N86020'33"E A DISTANCE OF
17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE
WESTERLY LINE OF SAID PLATTED ALLEY IN SAID BLOCK 32;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY LINE OF LOTS 1
THROUGH 5, INCLUSIVE, SAID BLOCK 32 AND THE WESTERLY LINE OF SAID
PLATTED ALLEY, N03023' 17"W A DISTANCE OF 238.82 FEET TO THE NORTHEAST
CORNER OF SAID LOT 1, SAID POINT BEING THE INTERSECTION OF THE SAID
WESTERLY LINE OF THE PLATTED ALLEY WITH THE SOUTHERLY LINE OF LAND
DESCRIBED IN DEED DATED DULY 1, 1882, FROM AMANDA CARTWRIGHT TO
SABINE & EAST TEXAS RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD),
RECORDED IN VOLUME V, PAGE 133 OF THE DEED RECORDS OF JEFFERSON
COUNTY, TEXAS;
THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE
OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133,
N86040'40"E A DISTANCE OF 20.00 FEET TO THE COMMON LINE BEING THE
INTERSECTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID PLATTED
ALLEY AND THE WESTERLY LINE OF LOT 6, OF AFORESAID BLOCK 32 WITH THE
SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING
THE NORTHWEST CORNER OF SAID LOT 6;
THENCE ALONG SAID COMMON LINE EXTENDED SOUTHERLY OVER AND
THROUGH AFOREMENTIONED FORSYTHE STREET, S03°23'04"E A DISTANCE OF
298.91 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FORSYTHE
STREET, SAID POINT BEING THE NORTHWEST CORNER OF LOT 14, BLOCK 25, OF
SAID CARTWRIGHT TERRACE ADDITION;
THENCE DEPARTING FROM SAID SOUTHERLY RIGHT OF WAY LINE N3 5110 1'17"W A
DISTANCE OF 70.51 FEET TO THE POINT OF BEGINNING,
CONTAINS 0.135 ACRES OR 5,887 SQUARE FEET, MORE OR LESS.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Jonathan Hatt for BNSF Railway Company
PROPERTY OWNER: City of Beaumont
LOCATION: The north end of Amarillo Street, the alleyway in
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Vacant
EAST: Vacant
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
RS
Block 32, Cartwright Terrace and an adjoining
portion of Forsythe Street,
RS (Residential — Single -Family Dwelling)
—0.265 acres, more or less
City Street and alleyway
X — Area determined to be outside the 500
year floodplain,
SURROUNDING ZONING:
HI (Heavy Industrial)
HI
RS (Residential — Single -Family Dwelling)
Conservation and Revitalization
Amarillo Street —Local Street with an approximately
60' right -of way.
Forsythe Street —Local Street with an approximately
60' right -of way and 1.3' wide pavement.
Open ditches
None in the right-of-way
None in the right-of-way
GENERAL INFORNIATZONIPUBLIC UTILITIES
APPLICANT: Jonathan Hart for BNSF Railway Company
PROPERTY OWNER: City of Beatunont
LOCATION: The north end of Amarillo Street, the alleyway in
EXISTING ZONING:
PROPERTY SIZE:
EXISTING LAND USES:
FLOOD HAZARD ZONE:
SURROUNDING LAND USES:
NORTH: Vacant
EAST: Vacant
SOUTH: Residential
WEST: Residential
COMPREHENSIVE PLAN:
STREETS:
DRAINAGE:
WATER:
SANITARY SEWER SERVICE:
RS
Block 32, Cartwright Terrace and an adjoining
portion of Forsythe Street,
RS (Residential -- Single -Family Dwelling)
-0.265 acres, more or less
City Street and alleyway
X - Area determined to be outside the 500
year floodplain.
SURROUNDING ZONING:
HI (Heavy Industrial)
HI
RS (Residential - Single -Family Dwelling)
Conservation and Revitalization
Amarillo Street Local Street with an approximately
60' right -of way.
Forsythe Street -Local Street with an approximately
60' right -of way and 13' wide pavement.
Open ditches
None in the right-of-way
None in the right-of-way
B"EAUMONT
Manning & Community Davolopment
Case Type:Planning and Zoning
Case Sub Type: Abandonment
Case #: PZ2022-187
Location: 2515 FORSYTHB ST, BEAUMONT, 77701
Individuals listed on the record.
Agent
Jonathan Hart
335 E. Palm lane
Phoenix, AZ 85004
Applicant
Jonathan Hart
335 E. Palm lane
Phoenix, AZ 86004
Property Owner
BNSF Railway Company
2650 Lou, Monk Dr M0132-392
Fort Worth, TX 76131
Flood Zones
Construction Type
Occupancy Type
Fire District
Notes:
Flood Zane X
Case Status: PAY FEES
Tag Name; Abandonment of a portion of Amarillo
Street and alley
Initiated On; 5/11/2022 11:18:54AM
}dome Phone:
Work Phone:
Cell Phone: 7137759016
F-Mall: Jonathan@rowadvisors.com
Home Phone:
Work Phone:
Coll Phone: 7137759016
E-Mail: Jonathan@rowadvisom,com
Homo Phone:
Work Phone;
Coll Phone:
E-Mall;
Case Typo: planning and Zoning Page 1 of 1
Case##: PZ2022-187 Printed On:5/25/2022
May 2, 2022
Planning and Zoning Commission
City of Beaumont
801 Main Street, Suite 210
Beaumont, TX 77701
RE: BNSF Railway Company -- Request to Abandon City Right of Way
Dear Commission,
On behalf of BNSF Railway Company, please accept this letter requesting to abandon certain City
owned right of way, for review by the Planning and Zoning Commission and City Council.
The subject property consists of a vacant 0.1303. undeveloped portion of Amarillo Street, and a
vacant 0,1351 acre undeveloped alley north of Forsyth Street. BNSF is requesting an abandonment of this
City property in order to facilitate the construction of new track connecting two existing segmonts. Along
with this request, BNSF has been working with impacted private landowners to acquire the necessary
property within the project footprint, and is working with the City of Beaumont to request a permanent
easement for a rail crossing over Fannin Street. Additionally, BNSF has coordinated with the City of
Beaumont Engineering Department to address various utility related concerns near the project footprint.
Enclosed with this packet please find the following documents in support of this application:
Application/Ownership List
Project DoslgnlMap
Survey Exhibits
Survey informationfCoordinates
.. Subject Property Maps
Pease let us know if any additional information is requested or if eiectronic versions of the above
information are needed.
BNSF respectfully requests consideration of this request to abandon the subject property. It is
understood that if the Planning Commission recommends approval of this request, an appraisal, title
information, and payment must be arranged prior to consideration by the City Council. Thank you in
advance for your time and consideration.
Respectfully Submitted,
Jonathan Hart
Attorney at Law
R.O.W. Advisors, LLC
Tel: (713) 775-9015
Email: jonathan@rowadvisors,corn
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11111111111 I I II I I I III 15 ORD s 2023007865
BEAUMONT
TEXAS
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
attached instrument is a full, true, and correct copy of Ordinance 23-027. This document
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 records, 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 23rd day of March 2023.
City Clerk
City of Beaumont,
Jefferson County, Texas
S(471 --Sr 61/1/30 6tAs!
ges
.1i � 1,� Tina Broussard, TRMC
go
City Clerk• (409) 880-3745• Fax(409) 880-3740
P.O.Box 3827•Beaumont,Texas 77704-3827
ORDINANCE NO. 23-027
ENTITLED AN ORDINANCE ABANDONING A 60' PORTION OF THE NORTH END
OF AMARILLO STREET, THE NEIGHBORING ALLEYWAY IN BLOCK 32,
CARTWRIGHT TERRACE AND AN ADJOINING PORTION OF FORSYTHE STREET,
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; FOR A PROPOSED NEW
RAILROAD SPUR FOR BNSF RAILWAY COMPANY.
WHEREAS, the City of Beaumont Planning Department has requested the
abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway
in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, City of
Beaumont, Jefferson County, Texas, for a proposed new railroad spur for BNSF
Railway Company be approved; and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion it is in the best interest of the City and should be granted subject to
the following conditions:
1. Obtain approval of PZ2022-216 for a new railroad spur;
2. If approved, applicant shall obtain an appraisal and Title Commitment for
the property to be abandoned at their expense. Appraisal and Title
Commitment must be submitted to the Planning office along with proof
that payment has been arranged prior to the item being placed on City
Council's Agenda;
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 abandonment of the north end of Amarillo Street, the neighboring
alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street,
City of Beaumont, Jefferson County, Texas, for a new railroad spur for the BNSF
Railway Company is of the opinion and is in the best interest of the City and should be
granted subject to the following conditions:
3. Obtain approval of PZ2022-216 for a new railroad spur.
4. If approved, applicant shall obtain an appraisal and Title Commitment for
the property to be abandoned at their expense. Appraisal and Title
Commitment must be submitted to the Planning office along with proof
that payment has been arranged prior to the item being placed on City
Council's Agenda.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
March, 2023. Airet MO %%hi
11
) e/i(L.,41L,
- Mayor Robin Mouton -
•
LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES
•
AMARILLO STREET ABANDONMENT
A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND SHOWN
ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED IN THE
DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF,RECORDED IN VOLUME 3, PAGE 147
OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1" IRON PIPE FOR THE SOUTHWEST CORNER OF LOT
5,BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME 3,
PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE
OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32, '
NO3°22'26"W A DISTANCE OF 99.71 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID COMMON LINE N37°16'35"W A DISTANCE OF
107.57 FEET TO THE COMMON LINE BEING THE WESTERLY RIGHT OF WAY LINE OF
SAID AMARILLO STREET AND THE EASTERLY LINE OF BLOCK 31 IN SAID
CARTWRIGHT TERRACE ADDITION, SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF LOT 11, REPLAT OF BLOCK 31 AS SHOWN ON THE MAP OF THE WEST
CARTWRIGHT ADDITION,ACCORDING TO THE MAP OR PLAT THEREOF,RECORDED
IN VOLUME 8,PAGE 75 OF THE MAP RECORDS OF JEFFERSON COUNTY,TEXAS;
THENCE ALONG SAID COMMON LINE NO3°22'26"W A DISTANCE OF 50.00 FEET TO
THE NORTHEAST CORNER OF SAID LOT 11, SAID POINT ALSO BEING THE
INTERSECTION OF THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF
AMARILLO STREET WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED
DATED JULY 1, 1882, FROM AMANDA CARTWRIGHT TO SABINE & EAST TEXAS
RAILROAD COMPANY (NOW UNION PACIFIC RAILROAD), RECORDED IN VOLUME
V,PAGE 133 OF THE DEED RECORDS OF JEFFERSON COUNTY,TEXAS;
THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE OF
SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V, PAGE 133,
N86°40'20"E A DISTANCE OF 60.00 FEET TO THE COMMON LINE BEING THE
INTERSECTION OF THE AFOREMENTIONED EASTERLY RIGHT OF WAY LINE OF
AMARILLO STREET AND THE WESTERLY LINE OF AFORESAID BLOCK 32 WITH THE
SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING
THE NORTHWEST CORNER OF LOT 1, OF SAID BLOCK 32;
THENCE ALONG SAID COMMON LINE S03°22'26"E A DISTANCE OF 139.23 FEET TO
THE POINT OF BEGINNING.
EXHIBIT "A"
CONTAINS 0.130 ACRES OR 5,677 SQUARE FEET, MORE OR LESS.
AMARILLO STREET VACATION
A PORTION OF PLATTED AMARILLO STREET (60' WIDE) DEDICATED AND
SHOWN ON THE CARTWRIGHT TERRACE ADDITION, A SUBDIVISION SITUATED
IN THE DAVID BROWN SURVEY, ABSTRACT NO. 5, JEFFERSON COUNTY,
TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME
3, PAGE 147 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1" IRON PIPE FOR THE SOUTHWEST CORNER OF
LOT 5, BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN
VOLUME 3, PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY RIGHT OF WAY LINE
OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID BLOCK 32,
NO3°2226"W A DISTANCE OF 49.73 FEET TO THE NORTHWEST CORNER OF
SAID LOT 5, SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID COMMON LINE N37°16'57"W A DISTANCE OF
107.55 FEET TO THE SOUTHEAST CORNER OF LOT 12, REPLAT OF BLOCK 31 AS
SHOWN ON THE MAP OF THE WEST CARTWRIGHT ADDITION, ACCORDING TO
THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 8, PAGE 75 OF THE MAP
RECORDS OF JEFFERSON COUNTY, TEXAS, SAID POINT BEING ON A COMMON
LINE BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AMARILLO STREET
AND THE EASTERLY LINE OF SAID BLOCK 31;
THENCE ALONG SAID COMMON LINE NO3°22'26"W A DISTANCE OF 50.00 FEET
TO THE NORTHEAST CORNER OF SAID LOT 12;
THENCE DEPARTING FROM SAID COMMON LINE S37°16'35"E A DISTANCE OF
107.57 FEET TO A POINT ON THE COMMON LINE BEING THE EASTERLY RIGHT
OF WAY LINE OF SAID AMARILLO STREET AND THE WESTERLY LINE OF SAID
BLOCK 32;
THENCE ALONG SAID COMMON LINE S03°22'26"E A DISTANCE OF 49.98 FEET
TO THE POINT OF BEGINNING.
CONTAINS 0.069 ACRES OR 2,999 SQUARE FEET, MORE OR LESS.
FORSYTHE STREET AND 20' ALLEY ABANDONMENT
A PORTION OF PLATTED FORSYTHE STREET (60' WIDE) AND THE PLATTED ALLEY
(20' WIDE)DEDICATED AND SHOWN IN BLOCK 32 ON THE CARTWRIGHT TERRACE
ADDITION,A SUBDIVISION SITUATED IN THE DAVID BROWN SURVEY,ABSTRACT
NO. 5,JEFFERSON COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF,
RECORDED IN VOLUME 3,PAGE 147 OF THE MAP RECORDS OF JEFFERSON
COUNTY, TEXAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1"IRON PIPE FOR THE SOUTHWEST CORNER OF LOT
5,BLOCK 32 OF SAID CARTWRIGHT TERRACE ADDITION RECORDED IN VOLUME
3,PAGE 147;
THENCE ALONG THE COMMON LINE BEING THE NORTHERLY RIGHT OF WAY
LINE OF SAID FORSYTHE STREET AND THE SOUTHERLY LINE OF SAID BLOCK 32,
N86°20'33"E A DISTANCE OF 123.00 FEET TO THE POINT OP BEGINNING;
THENCE CONTINUING ALONG SAID COMMON LINE N86°20'33"E A DISTANCE OF
17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5, SAID POINT BEING THE
WESTERLY LINE OF SAID PLAITED ALLEY IN SAID BLOCK 32;
THENCE ALONG THE COMMON LINE BEING THE EASTERLY LINE OF LOTS 1
THROUGH 5,INCLUSIVE, SAID BLOCK 32 AND THE WESTERLY LINE OF SAID
PLAITED ALLEY,NO3°23'17"W A DISTANCE OF 238.82 FEET TO THE NORTHEAST
CORNER OF SAID LOT 1, SAID POINT BEING THE INTERSECTION OF THE SAID
WESTERLY LINE OF THE PLAITED ALLEY WITH THE SOUTHERLY LINE OF LAND
DESCRIBED IN DEED DATED JULY 1, 1882,FROM AMANDA CARTWRIGHT TO
SABINE&EAST TEXAS RAILROAD COMPANY(NOW UNION PACIFIC RAILROAD),
RECORDED IN VOLUME V,PAGE 133 OF THE DEED RECORDS OF JEFFERSON
COUNTY,TEXAS;
THENCE DEPARTING FROM SAID COMMON LINE ALONG THE SOUTHERLY LINE
OF SAID UNION PACIFIC RAILROAD LAND DESCRIBED IN VOLUME V,PAGE 133,
N86°40'40"E A DISTANCE OF 20.00 FEET TO THE COMMON LINE BEING THE
INTERSECTION OF THE AFOREMENTIONED EASTERLY LINE OF SAID PLATTED
ALLEY AND THE WESTERLY LINE OF LOT 6, OF AFORESAID BLOCK 32 WITH THE
SAID SOUTHERLY LINE OF UNION PACIFIC RAILROAD LAND, SAID POINT BEING
THE NORTHWEST CORNER OF SAID LOT 6;
THENCE ALONG SAID COMMON LINE EXTENDED SOUTHERLY OVER AND
THROUGH AFOREMENTIONED FORSYTHE STREET, S03°23'04"E A DISTANCE OF
• 298.91 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FORSYTHE
STREET, SAID POINT BEING THE NORTHWEST CORNER OF LOT 14,BLOCK 25, OF
SAID CARTWRIGHT TERRACE ADDITION;
THENCE DEPARTING FROM SAID SOUTHERLY RIGHT OF WAY LINE N3 5°01'17"W A
DISTANCE OF 70.51 FEET TO THE POINT OF BEGINNING.
CONTAINS 0.135 ACRES OR 5,887 SQUARE FEET,MORE OR LESS.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Jonathan Hart for BNSF Railway Company
PROPERTY OWNER: City of Beaumont •
LOCATION: The north end of Amarillo Street, the alleyway in
Block 32, Cartwright Terrace and an adjoining
portion of Forsythe Street.
EXISTING ZONING: RS (Residential—Single-Family Dwelling)
PROPERTY SIZE: -0.265 acres,more or less
EXISTING LAND USES: City Street and alleyway
FLOOD HAZARD ZONE: X—Area determined to be outside the 500
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant HI(Heavy Industrial)
EAST: Vacant HI
SOUTH: Residential RS (Residential—Single-Family Dwelling)
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Amarillo Street—Local Street with an approximately
60'right-of-way.
Forsythe Street—Local Street with an approximately
60'right-of-way and 13' wide pavement.
DRAINAGE: Open ditches
WATER: None in the right-of-way
SANITARY SEWER SERVICE: None in the right-of-way
•
•
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Jonathan Hart for BNSF Railway Company •
PROPERTY OWNER: City of Beaumont
LOCATION: The north end of Amarillo Street, the alleyway in
Block 32, Cartwright Terrace and an adjoining
portion of Forsythe Street,
EXISTING ZONING: RS (Residential—Single-Family Dwelling)
PROPERTY SIZE: —0265 acres,more or less
EXISTING LAND USES: City Street and alleyway
FLOOD HAZARD ZONE: X—Area determined to he outside the 500
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant III(Heavy Industrial)
EAST: Vacant • HI •
SOUTH: Residential RS (Residential—Single-Family Dwelling)
WEST: Residential RS
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Amarillo Street:Local Street with an approximately
60'right-of-way.
Forsythe Street—Local Street with an approximately
60'right-of-way and 13' wide pavement.
DRAINAGE: Open ditches
WATER: None in the right-of-way
SANITARY SEWER SERVICE: None in the right-of-way
BEAUMONT
Planning & Community Development
Case 1ype:Planning and Zoning Case Status; PAY FEES
Case Sub'type: Abandonment Tag Name;Abandonment of a portion of Amarillo
Case#; PZ2022-187 Street and alley
Location:2515 FORSYTHE ST,BEAUMONT,77701 initiated On;6/11/2022 11:18:54AM
Individuals listed on the record:
Agent
Jonathan Hart Home Phone:
335 E. Palm Lane Work Phone:
Phoenix, AZ 86004 Cell Phone: 7137759016
E-Mall: Jonathan@rowadvlsors.com
Applicant
Jonathan Hart Home Phone:
335 E.Palm Lane Work Phone:
Phoenix, AZ 85004 Cell Phone: 7137759015
E-Mail: Jonathan@rowadvlsors.com
Property Owner
BNSF Railway Company Home Phone:
2650 Lour Menk Dr MOB2-392 Work Phone:
Fort Worth,TX 76131 Cell Phone:
E-Mall:
Flood Zones Flood Zone X
Construction Type
Occupancy type
Fire District
Notes:
Case Type:Planning and Zoning Page 1 of 1
Case#:PZ2022-187 Printed On:5/25/2022
\•
Rom. QW.
V
May 2, 2022
Planning and Zoning Commission
City of Beaumont
801 Main Street, Suite 210
Beaumont, TX 77701
RE; BNSF Railway Company—Request to Abandon City Right of Way
Dear Commission,
On behalf of BNSF Railway Company, please accept this letter requesting to abandon certain City
owned right of way,for review by the Planning and Zoning Commission and City Council.
The subject property consists of a vacant 0.1303 undeveloped portion of Amarillo Street, and a
vacant 0,1351 acre undeveloped alley north of Forsyth Street. BNSF is requesting an abandonment of this
City property in order to facilitate the construction of new track connecting two existing segments. Along
with this request, BNSF has been working with impacted private landowners to acquire the necessary
property within the project footprint, and Is working with the City of Beaumont to request a permanent
easement for a rail crossing over Fannin Street. Additionally, BNSF has coordinated with the City of
Beaumont Engineering Department to address various utility related concerns near the project footprint.
Enclosed with this packet please find the following documents in support of this application:
Application/Ownership List
Project Design/Map
- Survey Exhibits
Survey information/Coordinates
Subject Property Maps
Please let us know if any additional information is requested or if electronic versions of the above
Information are needed.
BNSF respectfully requests consideration of this request to abandon the subject property. It is
understood that if the Planning Commission recommends approval of this request, an appraisal, title
information, and payment must be arranged prior to consideration by the City Council. Thank you In
advance for your time and consideration.
•
Respectfully Submitted,
Jonathan Hart
Attorney at Law
R.O.W. Advisors,LLC
Tel: (713)775-9015
Email: jonathan@rowadvisors.com
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eQ -t.t - FILED AND RECORDED
CITY CLERK OFFIC
801 MAIN ST#125 OFFICIAL PUBLIC RECORDS
ATTN TINA BROUSSARD
BEAUMONT, TX 77701 ` %�
Roxanne Acosta-Hellberg, County Clerk
Jefferson County, Texas
March 27, 2023 04:05:21 PM
FEE: $78.00 2023007865