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HomeMy WebLinkAbout02/01/2022 AGENDA (02)ORDINANCE NO. 23 100 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 LI (LIGHT INDUSTRIAL) DISTRICT TO PD (PORT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 1200 PARK STREET, 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 28 of the Code of Ordinances of Beaurtiont, 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 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light lna ustrial) District to PD (Port Development) District for property located at 1200 Park Street, being Lots 351-355 and Tracts 356 A & B, Block 69, Original Townsite of Beaumont, Jefferson County, Texas, containing 2.194 acres, more or less, as shown on Exhibit "A," attached hereto, 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 28 of the Code of Ordinances of Beaumont, Texas, as an-iended. �rar+�i nii : That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of sat -tic 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only.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 1.01.009 of the Code of Ordinances of Beaun-tont, Texas. The nneeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Govermtent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of December, 2023. umont this the 5th day of Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lois 351-355 anti 'Tracts 356 A & B, Block 69, Original Townsite of Beaumont, 13eavinont, Jefferson County, Texas, containing 2.194 acres, more or less. BEAUMONT Planning & Coimutinity Dovolopment Case Type:Planning and Zoning Case Sulu Type: Rezone Case 11: PZ2023-411 Location: 1200 PARK ST, BEAUMONT, 77701 lndivlduals listed on t1)e record: Applicant David C. Fisher 1225 Main Street Beaumont, TX 77701 Property Owner Port of Beaumont 1225 Main Street Beaumont, TX 77701 Case Status: REVIEW Tag Nanne: Rezoning from Ll to Port Development. Initiated On: 10/2/2023 %07:34AM Home Phone: 409-895-5367 Work Phone: Cell Phone: 406-666-6290 E-Mall: dcf tr pobtx.com Home Phone: 409-896-5367 Work Phone: Cell Phone: E-Mall: dcf@pobtx.com Legal Description All of Lots 351- 355, Original lownslte of Beaumont, recorded in Volume 448, Page 249, Map Records and Tracts 356- A and 356- B, Replat of all of Lots 356- 362, Block 69, recorded in Volume 17, Page 42, Map Records, Jefferson County, Texas NCimbel' of Acres 2.19 Proposed Use Port District Notes; Case Type: Planning and Zoning Pane 1 of 1 Case 11: PZ2023A11 Printed On: 10/27/2023 October 2, 2023 City of Beaumont Planning & Community Development PO Box 3827 Beaumont, TX 77704 (via online attachment) Port of Beaumont 1.225 Main Street Beaumont, TX 77701. RE: Rezoning Application Letter To Whom It May Concern, The Port of Beaumont is requesting that Port -owned property located at 1200 Park Street be rezoned as "Pork District" for various operational uses, such as, but not linilted to, truck queuing, cargo storage, and workforce development. This rezoning request Is In accordance with City of Beaumont Resolution No. 23-01.5 wherein the City of Beaumont and the Port of Beaumont executed an interlocal agreement to exchange lands, the City to abandon or otherwise convey real property, and the City to zone Port owned property as shown therein. We appreciate your support In this effort. Please do not hesitate to contact us with any questions or comments you might have. Regards, David�C. Fisher Port Director & CEO PA, Drawer 2297 ► Beaumont, Texas U.S.A. 77704 ► 409f335.5367 FAX 409/835-0512 www.podoibeaumonLcom RESOLUTION NO, 23-015 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and tie Is hereby authorized to execute an Interlocal Agreement with the Port of Beaumont Navigation District, to exchange land pursuant to the authority, under the Provisions of, and In accordance with Chapter 791 of the Texas Government Code and to Increase the officiency of operations and adjust to the growing infrastructuro needs associated with moving goods and services to and from the fort of Beaumont, The Agreement Is substantially In the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was In all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 851, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of January, 2023, F � �O� i�itlt �-GC Mayor Robin Mouton �t. , �, INTERLOCAL AGREEMENT BETWEEN THE PORT OF 131rAUMONT NAVIGATION D1;ST>[ ICT OF JEFFERSON COUNTY, TEXAS AND THE CITY OF MAUMON`>t', TEXAS STATE OF TEXAS § COUNTY OF JEFFERSON § This ln[erlocal Agreement (tile "Agreement") made and enterccl into by anti between. the Port of Beaumont Navigation District of Jefferson County, Texas (the "Port")"), acting herein by and through its President of the Board of Commissioners, and the City of Beaumont, Texas, a municipal corporation (the "Ci(y"), acting by and through its Mayor. RECITALS: WHEREAS, the Port is a mivigation district of the State of Texas, authorized udder Section 59, Article XVl of the Texas Constitution and the City is a Monte rule municipality acting pursuant to the Charter of the City of Beatimont, Texas and WHEREAS, and the Interlocal Cooperation Act, Cllaptcr 791 of the 'Texas Government Code authorized units of local government to contract with one or more units of local government to perform government functions and services; and WHEREAS, this Agreement is entered into pursuant to (lie authority, under the provisions of, and in accordance with Chapter 791 of the 'texas Government Code, for the performance of governmental functiom and services; specifically, the exchange of real property located within the City and Port District, and for such other and further acts of cooperation as tile parties may subsequently agree to by the execttion of a separate and specific agreement ratified by the governing bodies of each contracting party, specifically the City Council of the City of Beaumont and the Port Board of Commissioners; and WHEREAS, City anti the Pont have investigated and determined that it would be advantageous and beneficial to both the City and the Port and its inhabitants for the City for the exchange of property to support ecollonllc growth. WHEREAS, the City and the Port deem it to be in [lie best interest of both entities to enter into this Agreement relative to the exchange of real property and for such additional services as (lie parties inay subsequently agree to by the execution of separate and specific agreements, and in consideration of the mutual covenants contained herein, the City and the Port agree as follows. NOW, THE the Port and City, in consideration of the recitals set forth above, which are incorporated into this Agreement as if fully scat forth below, and in consideration of such other agreements as contemplated, agree as follows; 1. I3y action of the Port Board of Commissioners on December 19, 2022, the Port hereby approves to decd approximately 6.710 acres of read property adjacent to the City's River front Park to (lie City, except that 2.641 acres of real proper(y corresponding to the locations of the Fail tracks owned by the BNSF, Union Pacific, Kansas City Southern or the Por( shall be retained by the Port to provide rail access casements to BNSF, Union Pacili(: and/or Kansas City Southern Railroad leading to the Port ("the Properly") as described and sbown oil warranty deed and property drawing as Altaehment A hereto. 2. By action of the Beaumont City Council on December G, 2022, the City hereby approves to abandon or otherwise convey approximately 1.819 acres of real property consisting of Sabine Pass Avelurc from Blanchette Street to Lmmetl Street ("Sabine Pass Avenue Property") adjacen( to the Port of Beaumont as described and shown on property drawing attached as Attachment B hereto. 3. The City agrees to abandon all City roadways, alleyways and casements (except For City water, storm and sower mains, if ally) a(IJaccllt to, of through, Port owned property bordered by Buford, Carroll, Schwarner and Port Streets, including portions of Lamar, Stewart, Powell, l.,elper and Herring ,Streets and Herring Alley as shown oil Attaoliment C (ru(ure Storage l,00 hereto, provided that Port meets City requirements of property ownership of both sides of (lie City streets to be abandoned. 4. The City agrees to zone. Port owned property shown oil Attachment C (1;trlure. Storage Lot) and Attachment D (I'rucic Staging Areas) herc(o as Porl District Zoning. 5. In the exercise of tiled• respective roles and responsibilities under this Agreement, tho Port and the City each act in an independent capacity, and no party is to be considered the officer, agent, or employee of the other. 6. Any notice given hereunder by either party to the other shall be ill writing and may be affected by personal delivery in writing or by certified mail, return receipt requested: Port of Beaumont Navigation District of Jefferson County, Texas ATTN: David C. Fisher 1225 Main Street Beaumont, Texas 77701 City of Beaumont ATTN.- City Manager P. O. Box 3827 Beaumont, rxas 77704 7. This Agreement contains the entire; Agreement between the parties relating to the rights herein granted and (lie obligations hercin assumed. Any oral representations or modilientions concerning this instrument shall be of no force or effect except in a subsequent modification in writing signed by froth parties. 8, This Agreement shzdl be governed by soul constructed in accordance with the laws of the State of Texas. No assignment of this Agreement or of any right accrued hereunder shall be made, in whole or in Dart, by cither party without the prior written consent of the other party. Venue sliall be in Jefferson County, Texas. 9. The undersigned officer and/oi, agents of the parties hereto are the properly authorized officials of the party presented and have the necessary authority to execute this Agreement on behalf ofthe parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and approved and are now in full force and effect. IN WITNESS WHEREOF, the parties have executed his Agreement, which shall be effective upon the date it is signed by all Parties. EXECUTED this . 171V clay of i n ' �' ;� , 2022. The Poi-t of Beaumont Navigation D^`isstriJet of Jeffenou County, Texas BY: David C. Fisher Title: Port Director & CEO EXECUTED this 1 tlday of )2023. The%ty of Beaumont, Texas S Title: A'I"TACHMLN T A �vN'd��i, 7LCn M WXYL I.aruxW o ill! 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ArrACHMLNr TBPF Firm No. F-5755 TBPLS Ffrm No,10129000 LA LF.0005711 � L 7 57 Doctors Drive iu I Z'• ,s� Port Arthur: Texas 77GA2 SURVEYORS&E NGINE RS Office (40) 983,2004 Fax (409) 983,7005 1.819 ACRES OF LAND FOR RIGHT-OF-WAY ABANDONMENT PURPOSES PART OFTHE NOAH TEVIS SURVEY, ABSTRACT NO, 52 JEI{'FERSON COUNTY, TEXAS BEING 1.819 acres of land, for right-of-way abandonment purposes, part of the Noah 'Tevis Survey, Abstract No. 52, Jefferson County, Texas; being hart of it publio right-of-way known as Sabine Pass Avetiue; said 1,919 acre tract being more fully described by metes and bounds as follows, to wit: Note; Bearings, coordinates, distances and acreage are based an the Texas Coordinate System of 1953, South Central Zone, US Surge)) Feet, and are referenced to RmarlNet, North America. COMMENCING at a brass disc in concrete, found oil the intersection of the Southeast right-of- way like of Blanchette Street and the Northeast right-of-way line of Pemrsylvania Avenue, for the most northerly point of a boundary line agreement between the City of Beaumont and the Port of Beaumont Navigation District, recorded in Volume 2092, Page 3, Deed Records, Jefferson County, Texas; said brass disc in concrete having coordinates of N: 13971594,98, E: 3520114.32; THENCE, North 45 deg. 59 ruin. 50 see, Fast, on the Southeast right-of-way line of Blanchette Street, a distance of 89,20' to a concrete monument, found on the intersection of the Southeast right-of-way line of Blanchette Street and the 'priest right-of-way line of Sabine Pass Avenue, for the Northwest corner of a (Called 0,212) acre tract of land described in a deed to the City of Beaumont, recorded in Volunic 1368, Page 566, Deed Records, Jefferson County, Texas, and the POINT OF BEGINNING of the herein described tract; said concrete monument having coordinates ofN: 13971656,95, E: 3520178,48; THENCE, North 45 deg. 59 ruin, 50 sec. Fast, continuing on the Southeast right-of-way line of Blanchette Street and crossing Sabine Pass Avenue, a distance of 46,00' to a half inch steel rocs, capped and marked "SOUTEV, found on the intersection of the Southeast right-of-way title of Blanchette Street and the Fast right-of-way line of Sabine Pass Avenue, for the most northerly corner of the (Called 0.212) acre tract, and the most northerly corner of the herein described tract; THENCE, on the East right-of-way litre of Sabine Pass Avenue, on the are of a curve to the right, having a radius of 173.00', an are distance of 956.33, a chord bearing of South 11 (leg. 28 min. 37 sec. East, a chord distance of 186,08' to a half -inch steel rod, eapped and marked "SOUTI V' found for corner; THENCE, continuing; on the East right-of-way line of Sabine Pass Avenue, oil the are of a curve to the left, having a radius of 127.00', an are distance of 42.90', a chord bearing of South 11 deg. 25 grin, 38 sec. West, a chord distance of 42.69' to a half -inch steel rod, capped and marked "SOUI'EX", found on the line described in said boundary line agreement between the City of Beaumont and the Port of Beaumont Navigation District, for the most southerly corner of the (Called 0.212) acre tract; THENCE, South 43 deg. 59 riurr. 26 sec. East (Called South 40 deg. 16 min. 18 sec. East), orr the line described in said boundary line agreement, a distance of 2,50' to a half -inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 02 deg. 20 min, 29 sec. West (Called South 06 deg, 05 min, 55 scc. West), continuing on the lime described in said boundary line agreement, a distance of 9.45' (Called 7.30') to a lialfinch steel rod, capped and marked "SOUTEX", found for courier; THENCE, South 03 clog. 29 ' rain. 33 sec. East (Called South 00 deg. 15 min. 53 see. West), Continuing on the line described in said boundary line agreement, a distance of 20.07' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 06 deg, 09 ruin. 14 sec. East (Called South 02 deg. 23 min, 48 sec. East), continuing on the line described in said boundary line agreement, a distance of 236.42' to a half - inch steel rod, capped and marked "SOUTEX", found for cornier; THENCE, South 11 deg. 30 mini. 38 sec. East (Called South 07 deg. 45 min. 12 sec, East), continuing on the line described in said boundary line agreement, a distance of 87.03' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 26 deg. 07 rein. 08 sec. East: (Called South 22 deg. 21 min, 42 sec. East), continuing on the Iine described in said boundary line agreement, a distance of 246.47' to a half - inch steel rod, capped and marked "SOUTEX", found for corner; THENCE, South 44 deg. 16 min. 53 sec, East (Called South 40 deg. 31 ruin, 27 sec. East), continuing on the line described in said boundary line agreement and an extension of the same, a distance of 382.01' to a half inch steel rod, capped and marked "SOUTEX", found for an angle point in the West line of tract of land described in a deed to the fort of Beaumont, recorded in Film Code 102-97-0286, Official Public Records, Jefferson County, Texas, and the Southeast corner of the herein described tract; from which, a half -inch steel rod, capped and marked "SOUTEX", found for the most northerly corner of a tract of land, known as Tract B, described in a deed to the City of Beaumont, recorded in Volume 2066, Page 367, Deed Records, Jefferson County, Texas, bears South 03 deg. 24 ruin. 26 sec. East (Called South 00 deg. 21 min. 00 sec, West), a distance of 413.51'; THENCE, South 87 deg, 04 min. 58 see. West, a distance of 145,18', to a point for the Southwest corner of the herein described tract; from which a MAG nail, set on the South right of way line of Emmett Avenue and the North line of a tract of land described in a deed to Downtown Brick and Tile Inc., recorded in File No. 2003021234, Official Public Records, Jefferson County, Texas, bears South 02 deg. 55 min. 02 sec., East, a distance of 59.70; from said MAG nail, a half -inch steel rod, found for the most northerly conunon corner of a (Called 0,91) acre tract of land described in a deed to frontier Machine Works, LLC, recorded in bile No. 2012041852, Official Public Records, Jefferson County, Texas and a tract of land described in a deed to Downtown Brick and 'file Co. Inc., recorded in Tile No. 2003015320, Official Public Records, Jefferson County, Texas, bears South 87 deg, 04 min, 58 sec, West, a distance of 144.31'; also from said MAG nail, a "X" mark in concrete, set oil the intersection of the West right-of-way line of Sabine Pass Avenue and file South right-of-way line of Emilaeff Avenue, for the Northeast corner of said Downtown Brick and Tile tract recorded in Tile No. 2003021234, bears North 87 deg. 04 min. 58 sec. Bast, a distance of 91.54'; front said "X" mark in concrete, a half -inch steel pipe, found for the most easterly common corner of a tract of land described in a deed to Kevin 'Torres, recorded in Film Code 104-53-1142, Official Public Records, Jefferson County, Texas and said Downtown Brick and Tile tract recorded in File No. 2003021234, bears ,South 03 deg. 25 min. 02 sec Cast, a distance of 206,50% THENCE, North 02 deg. 55 min. 02 sec. West, a distance of 31.86' to a half~inah steel rod, capped and marked "SOUTEX", set for corder; THENCE, on the arc of a curve to the left, leaving a radius of 25.97, an are distance of 18.89', a chord bearing of North 23 deg, 45 ruin, 03 sec. West, a chord distance of 18.47' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, North 44 deg, 35 min. 02 sec. West, a distance of 249,27' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, on the arc of a curve to the right, having a radius of 263.08', an arc distance of 121.16', a chord bearing of North 31 deg. 23 min, 27 sec. West, a chord distance of 120,09' to a half -inch steel rod, capped and marked "SOUTEX", set for corner; THENCE, the following bearings and distances to half -inch steel rods, capped and marked "SOUTEX", set for corner; North 18 deg. 11 min, 52 sec. West, 22.03' North 10 (leg, 07 min, 02 sec. West, 43.87' North 11 deg. 07 min, 54 see. West, 60.27' North l 1 (leg. 17 ruin, 50 sec. West, 59,90' North 11 deg. 01 min. 14 sec. West, 60.11' THENCE, North 08 (leg. 39 min. 31 sec. West, a distance of 60,50' to a "X" mark in concrete, set for corner, THENCE, North 06 deg. 30 min. 52 sec, West, a distance of 62.08' to a MAG nail, set for corder; THENCE, North 06 deg. 07 ruin. 07 sec. West, a distance of 37.98' to a "X" mark in concrete, set for corner; THE North 04 deg, 14 nnin. 07 sec, West, a distance of 39.55' to a "X" mark in concrete, set for cornet; THENCE, North 04 deg, 12 min. 46 sec, West, a distance of 32.52' to a half -inch steel rod, capped and marked "SOU`1'EX", set for cornet; THENCE, North 04 deg. 38 min. 31 see. West, a distance of 22.58' to a half -inch steel rod, capped and narked "SOU FEX", set for corner; THENCE, North 03 clog. 16 min. 53 sec. East, a distance of 36.47' to a half inch steel Foci, capped and marked "SOUTEX", set for corner; THENCE, on the arc of a curve to the right, having a radius of 173.00', at 35.96' along said are, passing a concrete monument, found on the line described in said boundary line agreement, for the Southwest corner of the (Called 0.212) acre tract, and continuing a total arc distance of 53.8 P to a coacret6 monument found for cornet; said curve having a chord bearing of North 12 deg. 11 min. 33 sec. East, and a chord distance of 53.60'; THENCE, on fiie arc of a curve to the left, having a radius of 127.00, an arc distance of 144.23', a chord bearing of North 11 deg. 28 min. 42 sec. West, a chord distance of 136,60' to the POINT OF BEGINNING, and containing 1.819 acres of land, morc or less. This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel, Registered Professional Land Surveyor No, 6678 on January 15, 2019. 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S{ tr,:{ »l 1'n s 3� � f-•I irtl S + YA K':y MI �' +"�� Pt / GCIiEithL II0T[5 1 1. PORT PROP[R1Y IS SHOWU AS HATCHiO, Z, CITY'fO REZOREAIEA AS PORT OISFRICT AIID RELEASE I01I:RESF (I)EEOJAUAIII)OH) TO PORT r'. 5110VAI IN YELLOW, INCLUDING AiY UTILITY EASEMUITS 110T SHOVIII. CITYS RELEASE COHTTHGEHT UPOti PORT OWNING PROPERTY S£RVEO BY SAID STREETS. V VIA J k{ ,U I . 3. MEWS OF PORT PROPI'MY 6H01V11 FOR REFFREIICE ONLY• A-VISIOUJIS5UE YYYY/(.It. JDD I J �.1 I (lllllClti{ 1 ._ ro... � -.. -- ���•1�=gym.., r.�lF +"t,1R`,�aiA 'IVI�. p 4 "',l Cr BEAUMONT (. 4A,-Af� - A"I" I'AC HMCNT D 1, PORT PROPERIY IS SHOWN AS HATCHED. (. 2. CITY TOREZONE ARM ISPORT pISlR1Cl'. VVY NAM 3, WEIITS OF PORT PROPERTY SiIO%'III rOR RE:FERUICE ONLY, i Y_ 44 +? • , "�* , '� �r�4 !� � �,� �!: fir. , A r.. fr t if !✓l a '.M�j'�i�. `-l}¢OW.advA NO. REVISIOII/ISSUE YYl1/611.1{OP + 1 n r :�Djf` CCC l � �✓ �\( 4 1 �, , �1y�! (j/ i Jv �r f +� � ^,� 1 ;'r �� �t � �' S I.,ri t i ;. ISA ° +e- �� J � r �' ��„+•"� �'-s�'� J �-roi. �' , 1 f ' '� by I :. 9 1 : J• 1 EE r �,; .yi � T _'�.•�.--- it If :ra s I '�� I xJ��7 {, � L '�nry r ' GENI'RAL WARRANTY DLLD From the Port of Beaumont Navigation District of kf{erson County Texas to the City of Beaumont K2023-411: Request for a Rezoning trom LI (Light industrial) to PD (Port Development Dist pplicant: Port of Beaurnont 3cation; 1200 Park Street 100 200 I i I I Feet