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HomeMy WebLinkAboutPR 21719: EXCAVATION PERMIT FOR MARY E. YOUNG PROPERTIES City of 4 ort r!ltu�_ Tctus' www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: December 10, 2020 To: The Honorable Mayor and City Council Through: Ronald "Ron" Burton, City Manager From: Pamela D. Langford, Director of Development Services w�nnq RE: P.R. NO. 21719 — Excavation Permit for Mary E. Young Properties Introduction: This agenda item intends to seek City Council's approval of P.R. NO. 21719, authorizing an excavation permit for approximately 60.00 acres of land out of a 234.050-acre tract of land being situated in the Wm. McFaddin Survey, Section No. 10, Abstract No. 415, Port Arthur, Jefferson County, Texas. The issuance of the permit will grant the requestor (Mary E. Young Properties) approval to operate a commercial dirt pit at said location. Background: In accordance with Chapter 94, Article VII, Section 94-451(Required) of the Code of Ordinances of the City of Port Arthur, no person shall dig, excavate, remove, or cause to be dug, excavated or removed, any dirt, clay, rock or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this article. All excavations for which a permit is required shall be subject to an annual inspection to ensure compliance with the requirements of this article. This inspection shall be conducted by the director of public works or his/her designee. A written inspection report evaluating compliance with this article shall be filed with the city secretary. Any excavations in violation of this article are declared to be public nuisances. The permit shall be for a time period of one (1) year, expiring on December 31, 2021. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Budget Impact: In accordance with Section 94-453 (Application; fee) of this Article, each application shall be accompanied by a nonrefundable permit fee of $250.00, which was deposited to Escrow Account No. 001-0000-369.30-00 (Misc. Fees). Recommendation: It is recommended that City Council approve P.R. NO. 21719, authorizing an excavation permit for approximately 60.00 acres of land out of a 234.050-acre tract of land being situated in the Wm. McFaddin Survey, Section No. 10, Abstract No. 415, Port Arthur, Jefferson County, Texas. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. NO.21719 12/09/2020 PDL PAGE 1 OF 7 RESOLUTION NO. A RESOLUTION AUTHORIZING AN EXCAVATION PERMIT TO BE ISSUED PURSUANT TO CHAPTER 94, ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES, FOR APPROXIMATELY 60.00-ACRES OF LAND OUT OF A 234.050- ACRE TRACT OF LAND BEING SITUATED IN THE WM. MCFADDIN SURVEY, SECTION NO. 10, ABSTRACT NO. 415, PORT ARTHUR, JEFFERSON COUNTY, TEXAS E20-01 - MARY E. YOUNG PROPERTIES WHEREAS, Mary E. Young Properties has requested an excavation permit for approximately 60.00 acres of land out of a 234.050-acre tract of land being situated in the Wm. McFaddin Survey, Section No. 10, Abstract No. 415, Port Arthur, Jefferson County, Texas; and, WHEREAS, in accordance with Chapter 94, Article VII, Section 94-452 of the City of Port Arthur Code of Ordinances, an excavation permit may be granted for a retention pond or commercial excavation; and, WHEREAS, in accordance with Chapter 94, Article VII, Section 94-427 of the City of Port Arthur Code of Ordinances, upon receiving the recommendation of the Planning and Zoning Commission, the City Council shall approve or disapprove the issuance of an excavation permit, and such decision of the City Council shall be final; and, WHEREAS, the City's Planning and Zoning Commission after review recommends to the City Council that the permit be approved, and finds that the proposed excavation is consistent with the public health, safety and welfare; that the requirements of Article VII are met; and in addition, the excavation provides for a future use of the property in harmony with development planned for the surrounding areas as reflected in the zoning ordinance, subdivision plans, comprehensive plan for the city, deed restrictions and existing usage; and, P.R. NO.21719 12/09/2020 PDL PAGE 2 OF 7 WHEREAS, the City Council hereby concurs in the recommendation and findings of the City's Planning and Zoning Commission; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct. THAT, an excavation permit is hereby granted to Mary E. Young Properties for the excavation of earth material on the following tract of land: 60.00-ACRE TRACT OF LAND OUT OF A 234.050-ACRE TRACT OF LAND BEING SITUATED IN THE WM. MCFADDIN SURVEY, SECTION NO. 10, ABSTRACT NO. 415 PORT ARTHUR, JEFFERSON COUNTY, TEXAS LOCATED IN THE NORTHWEST LINE OF F.M. HIGHWAY 365, WEST OF MAIN CANAL "C" EXHIBIT "A" THAT, the excavation permit shall be issued in accordance with Chapter 94, Article VII of the City of Port Arthur Code of Ordinances, and Exhibit "A" attached hereto and which are incorporated and made part hereof by reference. THAT, the term of the permit is for a period of one (1) year, with annual renewals subject to the recommendation of the Director of Public Works and Director of Planning and approval of City Council. Excavation operations thereafter shall constitute a violation of City Ordinances. THAT, Mary E. Young Properties shall signify acceptance of the Permit by subscription of a certified copy thereof. THAT, a copy of the caption of this Resolution be spread upon the minutes of the City Council. P.R. NO.21719 12/09/2020 PDL PAGE 3 OF 8 READ, ADOPTED AND APPROVED this the day of Januaryr, A.D., 2021 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: Mayor: Council members: Noes: Charlotte Moses, Mayor Pro Tern ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: i Valecia " al" Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager Pamela D. Langford, Director of Development Services P.R.NO.21719 12/09/2020 PDL PAGE 4 OF 8 ACCEPTED: Print Name Signature Mary E. Young Properties 110 -1,-- 2> 2. . -° D -.., ,..," / 1 / , - )/17 1 - / . , .. / . / .., / i /:/N "•,. `,.. i / ,., k • • . ' i'' '''' /7 / lav, 4.. o ,„ // ,, .. , 3 CO CN .. • , A . ° illir ' , fi I pe N r 5 , i 1 HWY 365 VMA, INCI Excavation De rmit I cr, 1) „v„ 118IHX3 8 JO S 3DVd 113d OZ03/60/Z I. 61.LLZ'ON 'ZJ'd P.R.NO.21719 12/09/2020 PDL PAGE 6 OF 8 Mary E Young Properties Legal Description: 234.050 Acre Tract of Land Out of the Wm. McFaddin Survey, Section 10, Abstract No 415 Jefferson County,Texas BEING a 234.050 acre tract of land out of and a part of the remainder of that certain J.A.Young called 547 acre tract of land, more fully described and recorded In Volume 165, Page 226 of the Deed Records of Jefferson County,Texas and also being out of and a part of Lot 5, Block 14, Range K, Lots 1 thru 8, Block 14,Range L, Lots 1,7&8, Block 14, Range M, Lots 1 thru 4, Block 15, Range L, Lot 1, Block 15, Range M of the Port Arthur Land Company Subdivision recorded in Volume 1, Page 22,Map Records of said Jefferson County. Said 234.050 acre tract of land being situated in the Wm. Mcfaddin Survey, Section No. 10, Abstract No.415,Jefferson County,Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron pipe found at the South corner of said 547 acre tract, same being the Northeast comer of that certain Jefferson County called 38.50 acre tract of land,more fully described and recorded in Clerk's File No. 2001006798 of the Official Public Records of Jefferson County, and being in the Northwest line of F. M. Highway 365(120 feet wide public right-of-way); THENCE North 36 deg.39 min. 13 sec. East along and with the Southeast line of said 547 acre tract,same being the Northwest line of said F. M. Highway 365,a distance of 895.03 feet to 1/2 inch iron pipe found for angle point; THENCE North 37 deg.05 min.07 sec. East continuing along and with the Southeast line of said 547 acre tract, same being the said Northwest line of said F. M. Highway 365,a distance of 1441.82 feet to a 1/2 inch iron rod with cap stamped "CLEMENT 5093"found for the most Northerly Northeast corner of that certain DCP Midstream, LP called 51.785 acre tract of land, more fully described and recorded in Clerk's File No. 2008027571 of said Official Public Records and being at the PLACE OF BEGINNING of the tract of land herein described; THENCE North 52 deg.57 min. 04 sec.West along and with the most Northerly North line of said 51.785 acre tract, a distance of 1653.83 feet to a 1/2 inch iron rod with cap stamped "CLEMENT 5093"found for corner at the most Northerly Northwest corner of said 51.785 acre tract; THENCE South 36 deg. 36 min. 13 sec. West along and with the most Northerly West line of said 51.785 acre tract, at a distance of 100.00 pass a 5/8 Inch Iron rod with cap stamped "WORTECH SURVEYORS" found for the Southwest corner of a 100 foot wide access easement,and continue on a total distance of 1031.06 feet to a 5/8 Inch Iron rod with cap stamped"WORTECH SURVEYORSH found for an Ell comer of said 51.785 acre tract; THENCE North 53 deg. 26 min. 50 sec. West along and with the most Westerly North line of said 51.785 acre tract, a distance of 619.72 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found for corner in the East line of that certain Jefferson County called 32.202 acre tract of land, more fully described and recorded in Clerk's File No. 2001015448 of said Official Public Records; THENCE North 16 deg.28 min.44 sec.West,along and with the East line of said 32.202 acre tract of land, a distance of 1547.42 feet to a 5/8 inch iron rod found in the West line of said 547 acre tract,same being the East line of that certain Jefferson County 138.568 acre tract of land,more fully described and recorded P.R.NO.21719 12/09/2020 PDL PAGE 7 OF 8 in Clerk's File No.2001008588 of said Official Public Records,same being the North corner of said 32.202 acre tract; THENCE North 03 deg. 26 min. 05 sec. West along and with the West line of said 547 acre tract, same being the East line of said 138.568 tract,a distance of 1656.98 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found at the Northeast corner of said 138.568 acre tract, same being the Southeast comer of that certain Jefferson County called 144.86 acre tract of land, more fully described as First Tract recorded in Volume 499,Page 136 of the Deed Records of said Jefferson County and same being the Southwest corner of that certain Jefferson County called 24.99 acre tract of land,more fully described as Second Tract recorded in Volume 499, Page 138 of said Deed Records; THENCE North 56 deg.51 min.11 sec.East along and with the South line of said 24.99 acre tract,a distance of 1195.43 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS"found at the Southeast corner of said 24.99 acre tract; THENCE North 02 deg.58 min.56 sec.West along and with the East line of said 24.99 acre tract,a distance of 17.02 feet to a 5/8 Inch Iron rod with cap stamped "WORTECH SURVEYORSH found at the Southwest corner of that certain Jefferson County called 51.197 acre tract of land, more fully described as the Severage Tract recorded in Volume 993,Page 65 of said Deed Records; THENCE South 53 deg. 27 min.26 sec. East along and with the Southwest line of said 51.197 acre tract,a distance of 2812.04 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORSN found at the South corner of said 51.197 acre tract and being in the Northwest line of Main"C canal; THENCE North 40 deg.45 min.53 sec. East along and with a Southeast line of said 51.197 acre tract,same being the Northwest line of said Main"C"canal,a distance of 444.46 feet to a 1/2 inch Iron rod found at an Angle comer; THENCE North 02 deg.13 min.43 sec.West continuing along and with a Southeast line of said 51.197 acre tract,same being the Northwest line of said Main "C"canal, a distance of 658.26 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS"found for corner; THENCE South 52 deg. 57 min.47 sec. East crossing said Main "C" canal, a distance of 210.57 feet to a point for corner,same being the Northwest comer of that certain Park 365 Ltd.called 58.82 acre tract of land, more fully described and recorded in Clerk's File No. 2008011636 of the Official Public Records of Jefferson County,from which a 1/2 inch iron rod found bears South 01 deg.33 min.07 sec.East,a distance of 0.29 feet; THENCE in a Southerly direction along and with the West line of said 58.82 acre tract the following courses and distances: South 01 deg.33 min.07 sec. East,a distance of 546.23 feet to a 3/4 Inch Iron rod found for Angle corner; South 39 deg.40 min.55 sec.West,a distance of 563.46 feet to a 5/8 inch iron rod found for Angle corner; South 09 deg.44 min. 10 sec.West,a distance of 988.27 feet to a 5/8 inch iron rod found bent for Angle corner; South 31 deg. 54 min. 20 sec. East,a distance of 845.67 feet to a point In the Southeast line of said 547 acre tract,same being the Northwest line of said F. M. Highway 365 from which a 5/8 Inch Iron rod found for reference bears South 31 deg.54 min.20 sec. East,a distance of 1.41 feet; P.R.NO.21719 12/09/2020 PDL PAGE 8 OF 8 THENCE South 37 deg.00 min.25 sec.West along and with the Southeast line of said 547 acre tract,same being the Northwest line of said F. M. Highway 365,a distance of 30.34 feet to a 3/4 inch iron pipe found; THENCE South 37 deg.05 min.02 sec.West continuing along and with the Southeast line of said 547 acre tract, same being the Northwest line of said F. M. Highway 365, a distance of 162.25 feet to a 5/8 Inch Iron rod with cap stamped "WORTECH SURVEYORS"found; THENCE North 32 deg. 00 min. 19 sec. West, a distance of 106.12 feet to a 5/8 inch iron rod with cap stamped"WORTECH SURVEYORS"found; THENCE South 37 deg. 17 min. 17 sec. West, a distance of 117.98 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS"found; THENCE South 52 deg.53 min.15 sec. East,a distance of 99.56 feet to a point in the Southeast line of said 547 acre tract,same being the Northwest line of said F.M.Highway 365 from which a concrete monument with disc stamped "CITY OF PORT ARTHUR"bears South 18 deg. 35 min. 31 sec. East, a distance of 1.79 feet; THENCE South 37 deg.OS min.07 sec.West along and with the Southeast line of said 547 acre tract,same being the Northwest line of said F.M.Highway 365,a distance of 815.19 feet to the PLACE OF BEGINNING, containing 234.050 acres of land, more or less.