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HomeMy WebLinkAboutPZ2025-117DATE: May 19, 2025 TO: Planning Commission FROM: Derni Engman, Director of Planning and CornillUnity Development SUBJECT: Request for approval of a plat for the street dedication of Wescalder [load and Pit Stop Road, and dedication of a drainage way out of and part of Lot 5 and Lot 6, Block 8, Wescalder Fig Acres Addition, BeaLffnOnt, Jefferson County, Texas. FILE: PZ2025-117 STAFF REPORT In 2021, Scott Holler on and the heirs of the AJ. Fasulo Estate requested that the City of Beaumont accept maintenance of the private drive located east of Wescalder Road and north of Baker Road, and its infrastructure. The Planning Commission tabled this request Multiple times to allow for additional SUpporting data and approved the request with conditions and to include the drainage way and real property owned by the heirs of the A.J. Fasulo Estates that is utilized for roadway access. On December 17, 2024, the City Council approved the request with a condition by Ordinance No. 24-080, that "a plat produced by a licensed surveyor must be submitted to the Planning Office prior tofinal acceptance of the streets and infrastructure." Therefore, the City engaged Tom Rowe of Whiteley Infrastructure GrOLIP to prepare a plat and submit it to the Planning Offices. The. plat complies with all City standards and requirements. Planning staff recommends approval of this request. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES a 2.0243 acre tract or parcel of land situated in the A. Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lot 5 and Lot 6, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 149 and 150, Map Records, Jefferson County, Texas, and also being out of and part of the remainder of that certain called 11.386 acre tract of land as described in a deed from John B. Payne to Al Fasulo as recorded in Volume 1422, Page 593, Deed Records, Jefferson County, Texas, said 2.0243 acre tract being more partiCUlarly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). Ali acreages and distances are surface. BEGINNING at a 1/2" iron pipe (bent) found for the most Northwest corner of the tract herein described, said corner also being the Northwest corner of the said Lot 6, the Northwest corner - of the remainder of the said 11,386 acre FaSLdo tract and being the Intersection of the East right-of-way line of Wescalder Road and the South line right-of-way line of a Lower Neches Valley Authority Canal (formerly known as a Neches Canal Co. Canal) (based on a width of 80 fe e t); THENCE NORTH 87`54'57" EAST,, along and with the boundary between the North line of the said Lot 6 and the South line right-of-way line of the said Lower Neches Valley Authority Canal, the same being the North line of the remainder of the said 11.386 acre Fasulo tract., for a distance of 866.44 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner and from said corner a 2" iron pin found for the Northeast corner of the said Lot 6, the same being the Northeast corner of the remainder of the said 11.386 acre Fasulo tract and the Northwest corner of Block I of Westwood Meadows, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Page 102, Map Records, Jefferson County, Texas, bears NORTH 88'15'28" EAST a distance of 10.20 feet; THENCE SOUTH 02050'44" EAST, over and across the remainder of the said 11.386 acre FaSL110 tract, for a distance of 40.73 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said corner being the Northeast corner of that certain called 0.4333 acre tract of land, identified as Tract 1, as described in a "Warranty Deed With Vendor's Lien" from William D. Orr and Ramona E. Garcia, a married couple, to Laura Ann Baker and Clinton Cogburn, wife and husband, as recorded in Clerk's File No. 2021011383, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87043'24" WEST, along and with the boundary between the tract herein described and the North line of the said 0.4333 acre Baker and Cogburn tract, for a distance of 161.29 feet to a 5/8" iron rod found for corner, said corner being the Northwest corner of the said 0.4333 acre Baker and Cogburn tract and the Northeast corner of a tract of land being out of and part of the remainder of the said 11.386 acre Fasulo tract; THENCE SOUTH 87*35'52" WEST, along and with the boundary between the tract herein described and the North line of a tract of land out of and part of the remainder of the said 11.386 acre Fasulo tract and the North line of that certain called 0.382 acre tract of land as described in a "General Warranty Deed" frorn Rose Mary Fryar to I(evin Adkins and wife, Carolyn Adkins as recorded in Clerk's File No. 2014001247, Official PLIblic Records of Real Property, Jefferson County, Texas, for a distance of 279.87 feet to a 1/2" iron rod found for corner, said corner being the Northwest corner of the said 0.382 acre Adkins tract; THENCE SOUTH 02'038'26" EAST, along and with the boundary between the tract herein described and the West line of the said 0.382 acre Adkins tract and the West line of that certain called 0.381 acre tract of land as described in a "General Warranty Deed" from Tiffney M. Lewis to Martin Sifuentes and Maria Sifuentes as recorded in Clerk's File No. 2022017954, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 237.69 feet to a 3/4" iron rod found for corner, said corner being the Southwest corner of the said 0.381 acre Sifuentes tract; THENCE NORTH 871811311 EAST, along and with the boundary between the tract herein described and the South line of the said 0.381 acre Sifuentes tract, the South line of that certain called 0,380 acre tract of land as described in a "Warranty Deed" from Howard Hayes and wife, Johanna Hayes to David Gordon Gates and wife, Sara Gates as recorded in Film Code No. 100-94-1272., Official Public Records of Real Property, Jefferson County, Texas and the South line of that certain tract of land as described in a "Deed of Gift" from Mary Arnel FaSLIIO to Anthony I FaSLIIO, Jr. as recorded in Clerk's File No. 2005038694, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 441.93 feet to a 1/2" iron rod found for corner, said corner being the Southeast corner of the said Anthony J. Fasulo, Jr. tract; THENCE SOUTH 03*00'48" EAST, over and across the remainder of the said 11,386 acre Fasulo tract, for a distance of 39.97 feet to a 1/2" iron rod in a 3/4" iron pipe found for corner, said corner being the Northeast corner of that certain called 0.263 acre tract of land as described 'in a "General Warranty Deed With Vendor's Lien" from Kevin Robert Adkins and Carloyll Sue Adkins, f/k/a Carolyn SLIe Fasulo, husband and wife, to Scott Holleman as recorded in Clerk's File No. 2017013437, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 87018'55" WEST, along and with the boundary between the tract herein described and the North line of the said 0.263 acre Holleman tract, the North line of that certain called 0.4221 acre tract of land as described in a "Warranty Deed With Vendor's Lien" from Innovative Designers & Builders, LLC to Shelley D. Stewart as recorded in Clerk's File No. 2012010680, Official Public Records of Real Property, Jefferson County, Texas, the North line of that certain called 0.44 acre tract, identified as TRACT 1, and that certain called 0.44 acre tract, identified as TRACT 11, as described in a "Warranty Deed With Vendor's Lien" from Scott Jones and Monica Jones, husband and wife, to James B. Haines and Kendra L. Haines, husband and wife, as recorded in Clerks' File No. 2015025114, Official Public Records of Real Property, Jefferson County, Texas,, the North line of that certain called 0.435 acre tract, identified as TRACT 1, and that certain called 0.438 acre tract, identified as TRACT 11, as described in ca "General Warranty Deed" from Todd Legendre and Angela Legendre to Meldon Gene Mickles, Jr. and Meegan Wingate as recorded in Clerk's File No. 2002041771, Official Public Records of Real Property, Jefferson County, Texas and the North line of that certain called 0.444 acre tract, identified as TRACT 1, as described in a "Warranty Deed" from Mary Arnel FaSLI10 to James J. Favre and Catherine Favre as recorded in Clerk's File No. 2001033909, Official Public Records of Real Property, Jefferson County, Texas, passing at a distance of 558.72 feet a 1/2" iron rod found for the Northwest corner of the said 0.444 acre Favre TRACT I and the Northeast corner of that certain called 0.453 acre tract, identified as TRACT 11, as described in a "Warranty Deed" from Mary Arne! Fasulo to James I Favre and Catherine Favre as recorded in Clerk's File No. 2001033909., Official Public Records of Real Property, Jefferson County, Texas and continuing along and with the boundary between the tract herein described and the North line of the said 0.453 acre Favre TRACT 11, for a total distance of 633.72 feet to a point for corner, said corner being the Northwest corner of the said 0.453 acre Favre TRACT 11 and from said corner a found 1/2" iron rod bears NORTH 37')11'38" WEST a distance of 0.19 feet; THENCE SOUTH 02'041'15" EAST, along and with the boundary between the tract herein described and the West line of the said 0.453 acre Favre TRACT 11, for a distance of 10.47 feet to a 1/2" iron rod found for corner, said corner being the Northeast corner of that certain called 0.771 acre tract of land as described in a "General Warranty Deed With Vendor's Lien" from Steve C. Bush, husband, and Bille Ann Bush, wife, to Reynard Rayson, husband, and Cathy Rayson, wife, as recorded in Clerk's File No. 2000031823, Official Public Records of Real Property, Jefferson County, Texas and from said corner a 1/2" iron rod found for the Southeast corner of the said 0,771 acre Rayson tract and the Southwest corner of the said 0.453 acre Favre TRACT it bears SOUTH 02041'15" EAST a distance of 246.19 feet; THENCE SOUTH 87023'00" WEST, along and with the b0L.Indary between the tract herein described and the North line of the said 0.771 acre Rayson tract arid the North line of TRACT 3 of the Replat of Parts of Lots 4 & 5, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 56, Map Records, Jefferson County, Texas, passing at a distance of 2-28.48 feet a scribed "X" in concrete set for the Northwest corner of the said TRACT 3 and an interior ell corner of the East right-of-way line of Wescalder Road and continuing for a total distance of 233.48 feet to a scribed "X" in a concrete driveway set for cornet-, said corner being an exterior ell corner of the East right-of-way line of Wescalder Road; THENCE NORTH 02*41'18" WEST, along and with the East right-of-way line of Wescalder Road, for a distance of 49.90 feet to a scribed "X" in an 18" reinforced concrete pipe culvert set for corner, said corner being the Southwest corner of that certain called 1.41 acre tract of land as described in a "Special Warranty Deed" from Freddy George Fryar to Rose Mary Fryar as recorded in Clerk's File No. 2001032687, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 87"18'55" EAST, along and with the boundary between the tract herein described and the South line of the said 1,41 acre Rose Mary Fryar tract, passing at a distance of 228.48 feet a 5/8" iron rod f0L111d for the SOLItheast corner of the said 1.41 acre Rose Mary Fryar tract and the Southwest corner of a tract of land being out of and part of the remainder of the said 11.386 acre FaSL110 tract and continuing along arid with the boundary between the tract herein described and the South line of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract for a total distance of 274.02 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said cot -tier being the Southeast corner of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract; THENCE NORTH 02023'35" WEST, along and with the boundary between the tract herein described and the East line of the said tract being out of and part of the remainder of the said 11.386 acre Fasulo tract, for a distance of 12.24 feet to a 1/2" iron rod fOUnd for corner, said corner being the SOLIthwest corner of that certain tract of land as described in a "Special Warranty Deed" from Waterfall Victoria Geneva House I REO 2011-01, LLC to Leonardo J. Torres, Maria Guadalupe Mendez and Maria de la Luz Torres as recorded in Clerk's File No. 2012020160, Officlal Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 87"44'37" EAST, along and with the boundary between the tract herein describe and the South line of the said Leonardo J. Torres, et al, tract, for a distance of 94.99 feet to a 112" iron rod found for corner, said corner being the Southeast corner of the said Leonardo J. Torres, et a]. tract; THENCE NORTH 02023'26" WEST, along and with the boundary between the tract herein described and the East line of the said Leonardo J. Torres, et al. tract and the East line of that certain tract of land as described in a "General Warranty Deed" from Candis E. Guidry and Sandra A. Tucci, formerly known as Sandra A. Guidry and Gwendolyn English Dayton, Independent Executrix of the Estate of Patsy Ann Guidry, deceased, to Leonardo Julio Torres and Maria de la Luz Torres as recorded in Clerk's File No. 2023028522, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 226.20 feet to a 5/8" iron rod found for corner, said corner being the Northeast corner of the said Leonardo Julio Torres and Maria de la Luz Torres tract; THENCE SOUTH 87053'13" WEST, along and with the boundary between the tract herein described and the North line of the said Leonardo Julio Torres and Maria de la Luz Torres tract and the North line of the said 1.41 acre Rose Mary Fr tract, passing at a distance of 368.31 feet a 1" iron pipe found for reference and continuing for a total distance of 370.26 feet to a 5/8 11 iron rod set for corner, said corner being the Northwest corner of the said 1.41 acre Rose Mary Fryar tract and being in the East right-of-way line of Wescalder Road, THENCE NORTH 02"50'35" WEST, along and with the East right-of-way line of We caller Road, for a distance of 43.73 feet to the POINT OF BEGINNING and containing 2,02-43 Acres, more or I es. DRAINAGE WAY DEDICATION: BEING a 0.0939 acre tract or parcel of land situated in the A, Savery League, Abstract No. 46, Jefferson County, Texas and being out of and part of Lot 5 and Lot 6, Block 8 of Wescalder Fig Acres, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Pages 149 and 150, Map Records, Jefferson County, Texas, and also being out of and part of the remainder of that certain called 1.1.386 acre tract of land as described in a deed from John B. Payne to Al Fasulo as recorded in Volurne 1422, Page 593, Deed Records, Jefferson COLInty, Texas, said 2.0243 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). All acreages and distances are surface. BEGINNING at a 2" iron pin found for the Northeast corner of the tract herein described, said corner also being the Northeast corner of the said Lot 6 and the Northeast corner of the remainder of the said 11.386 acre Fasulo tract, the same being the Northwest corner of Block I of Westwood Meadows, a Subdivision of the City of BeaLIM011t, Jefferson County, Texas, according to the plat thereof recorded in Volume 14, Page 102, Map Records, Jefferson County, Texas and being in the South right-of-way line of a Lower Neches Valley Authority Canal (formerly known as a Neches Canal Co. Canal) (based on a width of 80 feet); THENCE SOUTH 02040'04" EAST, along and with the boundary between the tract herein described and the West line of the said Block I of Westwood Meadows, the same being the East line of the remainder of the said 11.386 acre Fasulo tract and the East line of the said Lot 6 and Lot 5, Block 8 of Wescalder Fig Acres, for a distance of 427.04 feet to a 5/8" iron rod with a cap stamped "WHITELEY" set for corner, said corner being the Southeast corner of the remainder of the said 1.1.386 acre Fasulo tract and the Northeast corner of the remainder of that certain called 3.804 acre tract of land as described in a "Special Warranty Deed" from Exxon Corporation to Robert B. McDougald and Mary Joyce McDougald, husband and wife, as recorded in Film Code No. 102-41-0612, Official Public Records of Real Property, Jefferson County, Texas and from said corner a 5/8" iron rod in concrete found for the Southwest corner of said Block I of Westwood Meadows bears SOUTH 02'40'04" EAST a distance of 278.01 feet; THENCE NORTH 87"53'38" WEST, along and with the boundary between the tract herein described and the North line of the remainder of the said 3.804 acre McDonald tract, for a distance of 9.27 feet to a 3/8" iron pipe in concrete found for corner, said corner being the Northwest corner of the remainder of the said 3.804 acre McDougald tract, the Northeast corner of that certain called 0.4105 acre tract of land as described in a "Owelty Assumption Deed" from Carloyn SUe Fasulo to Mark Fasulo, Sr. as recorded in Clerk's File No. 2007028930, Official Public Records of Real Property, Jefferson County, Texas and the Southeast corner of that certain called 0.263 acre tract of land as described in a "General Warranty Deed With Vendor's Lien" from Kevin Robert Adkins and Carl Fyn Sue Adkins, f/k/a Carolyn Sue Fasulo, husband and wife, to Scott Holleman as recorded in Clerk's File No. 2017013437, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02"3713911 WEST, along and with the boundary between the tract herein described and the East line of the said 0.263 acre Holleman tract, for a distance of 110.67 feet to a 1/2" iron rod in a 3/4" iron pipe found for corner, said corner being the Northeast corner of the said 0.263 acre Holleman tract; THENCE NORTH 03000'48" WEST, over and across the remainder of the said 11,386 acre Fasulo tract, for a distance of 39.97 feet to a 1/2" iron rod found for corner, said corner being the Southeast corner of that certain tract of land as described in a "Deed of Gift" from Mary Arnel Fasulo to Anthony J. Fasulo, Jr. as recorded in Clerk's File No. 2005038694, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 02048'55" WEST, along and with the boundary between the tract herein described and the East line of the said Anthony J. Fasulo, Jr. tract, for a distance of 119.31 feet to an iron rod with a cap stamped "FAUST" found for cot -tier, said corner being the Northeast corner of the said Anthony J. Fasulo, Jr. tract and the Southeast corner of that certain called 0.4333 acre tract of land, identified as Tract 1, as described in a "Warranty Deed With Vendor's Lien" from William D. Orr and Rarnona E. Garcia, a married couple, to Laura Ann Baker and Clinton Co burn, wife and husband, as recorded in Clerk's File No. 2021011383, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 0205014411 WEST, along and with the boundary between the tract herein described and the East line of the said 0.4333 acre Baker and Cogburn tract, passing at a distance of 115.76 feet a 5/8" iron rod with a cap stamped "WHITELEY" set for the Northeast corner of the said 0.4333 acre Baker and Co burn tract and continuing over and across the remainder of the said 11,386 acre Fasulo tract, for a total distance of 156.49 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner, said corner being in the North line of the said Lot 6, Block 8 of Wes alder Fig Acres and the North line of the remainder of the said 11.386 acre Fasulo tract and being in the South right-of-way line of the above referenced Lower Neches Valley Authority Canal and said corner bears NORTH 87'54'57" EAST a distance of 866.44 feet from a 1/2" iron pipe (bent) found for the Northwest corner of the said Lot 6 and the Northwest corner of the remainder of the said 11.386 acre Fasulo tract; THENCE NORTH 88015'28" EAST., along and with the boundary between the North line of the said Lot 6 and the South line right-of-way line of the said Lower Neches Valley Authority Canal, the same being the North line of the remainder of the said 11.386 acre Fasulo tract, for a distance of 10.20 feet to the POINT OF BEGINNING and containing 0.0939 Acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: DRAINAGE: City of BeaLIM011t Heirs of the Al Fasulo Estate 2405 — 2499 Wescalder Road RS (Residential Single -Family Dwelling) "J2.1182 acres nnore or less Private Drive & Drainage way JIF X" - Areas determined to be outside 500-year flood lain R-S (Residential Single -Family Dwelling) R-S R-S R-S Neighborhood Growth Unit Open ditch RDINANCE'NO, 24-036 O W-HBREAS, on Much 18, 2024, the City of Be'awilont Planning Commission recommended the denial of a request for the conveyallce alid dedication- of. private streets atid hiftcastructune to ttic it, of Becell nont for property tocated at 2405-2499 Wes culder Roadl, and, WFIRREAS, stufftewiml-ionds the. following condition: A plat t produced by a I icense s su r v 6 yor must bo su bm it ted to th 0 A a 1111 i ng Office pi-loy to final acceptance of ttie Mrects' R11d celtid, WHRRM, City Couticif finds that the rbquest to convert the private stye and other infrasfrUCtU1-0% tO Public ownorship i's in tho best interest of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED 13Y THE CITY COUNCIL OF THE C11"Y OF BEAUMONT: THAT the statements aud fdin set out in the pmamble to this orditiance are hereby, hi all things, ral)proved and adopted; rand, "ITIA"I' City Council approves the request to coiweyt tho Prigo strects and other infrastructure for property locate d tit 2405-2499 Wescaldor Road to public ownership with the following colidition: 14 A Plat prodtwed by a Hoomml rvc rod' must be submitted to the Planing Office, 1)rior to finatacceptance of thestrects and infra -structure, Ilie meeting at whidi this ordinance was approved was in all lhings conducted in strict Compliance with the 'Texas Open Mectiligs Act, Texas Goverimient Code, Chnpw 551, 2024, PASSED BY THE CITY CQUNCIL of the City of Beaumont this the 6ili day of August, I wayor IsLoy W USL - LEGAL DESCRIPTION FOR ORDINANCE PURPOSt, 8 Be i ng I ilaw 2 1, pit rl o f Low 4 -5, B lo ck 8, WQsca I (I er V 1 g Acres, B caulliont., jeffersoll Cot] aty, "rexas', coiltailling 2,1122, acres" 11101.0 or MY i-I K-1 4,1 PfF U -0 1 le't 41 lei 11, - 4 FA %7$1j1fV 11V 1. 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