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Home My WebLink AboutPO 5883: EXCAVATION PERMIT - KIRK THOMASINTEROFFICE MEMORANDUM TO: STEVE FITZGIBBONS, CITY MANAGER i+ROM: DALE L. WATSON, DIRECTOR OF PLANNING Q~~ SUBJECT: P.O. NO. 5883 -EXCAVATION PERMIT W DATE: 04/28/08 RECOMMENDATION: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5883 be approved. This Ordinance would grant an excavation permit Kirk Thomas on property located north of Hwy. 365 and west of West Port Arthur Road. BACKGROUND: Kirk Thomas is proposing to excavate a borrow pit under the newly adopted provisions of the Excavation Ordinance providing for excavations related to agricultural activities. Mr. Thomas is aware of the requirements related to this type of excavation and has stated that he will comply with the requirements. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Planning and Zoning Commission recommends that Proposed Ordinance No. 5883 be approved. 1 P.O. N0.5883 05/16/08 DLW ORDINANCE NO. AN ORDINANCE GRANTING AN EXCAVATION PERMTI' ISSUED PURSUANT TO SECTION 94-452 (5) OF ARTICLE VII (EXCAVATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR TO HIRK THOMAS LOCATED ON THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF HWY. 365 WHEREAS, pursuant to Article VII (Excavations) of the Code of Ordinances of the City of Port Arthur, the Planning and Zoning Commission has recommended approval of issuing a permit to Kirk Thomas for excavation of earth material in the City of Port Arthur, upon certain conditions and assurances for the public health, welfaze and safety and to protect the development of the surrounding azea; and; WHEREAS, the CiTy Council hereby concurs in the .recommendation and findings of the Planning and Zoning Commission; now, therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That an excavation permit is hereby granted to V. Investment, LLC for the excavation of earth material on the following tract of land: A 90 ACRE TRACT OF LAND OUT OF AND PART. OF T&N. O. RR. SURVEY, ABSTRACT N0.242 PORT ARTHUR, JEFFERSON COUNTY, TEXAS EXHIBTT• "A" LOCATED ON THE EAST SIDE OF WEST PORT ARTHUR ROAD, NORTH OF HWY. 365 EXHIBIT"B" P.O. N0.5883 04/29/08 Page 2 of 3 SECTION 2. That this permit is subject to the terms and conditions of Article VII of the Code of Ordinances of the City of Port Arthur as delineated in Ordinance No. 08-46 and included as follows: a. Commercial excavation shall be completed within eighteen (18) months, with a possible extension of six (6) months upon the approval of the Director of Planning b. No more than 70% of the earth material may be sold commercially. Remaining material shall remain onsite. c. No more than 10% of the available land to be used for farm or ranch purposes may be excavated. d. A residence must be constructed on the property prior to the end of the excavation period. e. Fencing requirements underSection 18-457 (a) may be waived upon review and recommendation by the Planning and Zoning Commission and approval of the City Council, provided the farm or ranch is fenced. SECTION 3. That this permit shall be for a time period of eighteen (18) months, unless extended by the Director of Planning for an additional six (6) months. Any excavation operations thereafter shall constitute a violation of City Ordinances. SECTION 4. That Kirk Thomas shall signify acceptance bf the Permit by subscription to this resolution READ, ADOPTED AND APPROVED this day of May, A.D., 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following. votes: AYES: MAYOR COUNCILMEMBERS P.O. N0.5883 04/29/08 Page 3 of 3 NOES: ATTEST: CITY SECRETARY AP~PRO~V~ED AS TO FORM: ~/__~-mow CITY ATTORNEY ~/ g~(,¢j,Fo~j APPROVED FOR ADMINISTRATION: CITY MANAGER ~~ ~- DIRECTOR OF PLANNING ACCEPTED: MAYOR Kirk Thomas .EXHIBIT "A" W~RTECH r 'Rec~nrzing the landmarks W the oasL.. _. sere;.~., .,,,. ~,.,._:_~.. ~~-~ .+~nv[IVtCJ, INC, b5 mE IIfIU/e" Richartl L. Worthey, RPL: J. L Sims, Jr., RPL; Jack E. Meaul, qpL< December 11, 2006 Surveyor's Field Note Description: Tract B BEING a 90.000 acre tract of land out of and a. part of that certain C: Doombos called 188 acre tract of land, more fully described and recorded in Vo]ume 390, Page 27, out of and a part of the remainder of that certain C. Doombos called 77.98 acre tract of ]and and that called 51.84 acre tract of land, more fully described and recorded in Volume 399, Page 598 of the Deed Records of Jefferson County, Texas. Said 90.000 acre tract of land being situated in the T. & N. O. RR. Survey, Section No. 9, Abstract No. 242, the William McFaddin Survey, Section No. 6, Abstract No. 416 and the T. & N. O. RR. Survey, Section No. 7, Abstract No. 239, Jefferson County, Texas and being more particulazly described as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set at the Northwest corner of Lot Number 13, Block Number 2 of the Montrose Addition No. 2 as recorded in Volume 10, Page 20 of the Map Records of Jefferson County, Texas, same being the intersection of the South line of the remainder of said C. Doombos called 77.98 acre tract and the East line of that certain Neches Canal Company called 8.55 acre tract of land, more fully described and recorded in Volume 271, Page 529 of said Deed Records; THENCE North 30 deg. 55 min. 57 sec. West a]ong and with an East line of said Neches Canal Company tract, a distance of 124.00 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for Angle comer; THENCE North 17 deg. 33 min. 34 sec. West continuing along and with an East line of said Neches Canal Company tract, a distance of 3009.20 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for Angle comer; THENCE South 87 deg. 44 min. 30 sec. West along and with a North line of said Neches Canal Company tract, a distance of .165.40 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for reference in the East line of that certain Neches Canal Company called ]3.51 acre tract of land, more fully described and recorded in Vo]ume 269, Page 423 of said Deed Records beazs South 87 deg. 44 min. 30 sec. West, a distance of 627.95 feet; THENCE North 30 deg. 55 min. 57 sec. West, a distance of 823.67 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for reference in the East line of said Neches Canal Company tract bears South 82 deg. I1 min. 27 sec. West, a distance of 599.07 feet; EXHIBIT "A" 7999 Gladys Avenue, Suite toz Two (2) Pages, Inclusive 7e1: 409.8 6,9769t FaxXa409.666.70705 www.wortech.com THENCE North 82 deg. 11 min. 27 sec. East, a distance of 1628.17 feet to a 5/8 inchuon rod with cap stamped "WORTECH SURVEYORS" set for corner in the West line of that certain Jefferson County called 138.568 acre tract of land, more fully described as Pazcel SA recorded in Clerks File No. 2001008588 of the Official Public Records of said Jefferson County, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found at the Northwest comer of said Jefferson County tract beazs North 16 deg. 28 min. 44 sec. West, a distance of 2305.96 feet; THENCE South 16 deg. 28 min. 44 sec. East along and with the West line of said Jefferson County tract, a distance of 2423.39 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner, from which a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" found in the South line of the remainder of said C. Doombos called 77.98 acre tract, same being the North line of that certain Ciry of Port Arthur ca]led 1.874 acre tract of land, more fully described and recorded in Volume 2248, Page 158 of said Deed Records bears South 16 deg. 28 min. 44 sec. East a distance of 434.65 feet; THENCE South 36 deg. 45 min. 40 sec. West, a distance of 1255.99 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for corner; THENCE South 17 deg. 33 min. 34 sec. East, a distance of 428.68 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for comer; THENCE South 36 deg. 45 min. 40 sec. West along and with the South line of the remainder of said C. Doornbos called 77.98 acre tract, same being the North line of said Montrose Addition No. 2, a distance of 196.96 feet to the PLACE OF BEGINNING, containing 90.000 acres of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on October 4, 2006 and is being submitted along with a survey plat showing the property and facts found as described herein. A!1 bearings are based on the Texas Plane Coordinate System, NAD83, South Central Zone. All distances and acreages are surface (U.S. Survey foot). The theta angle at the 12 inch iron rod found at the Southeast corner of the T. & N. O. RR. Survey, Section No. 9, Abstract No. 242 is 02 deg. 26 min. 29 sec. and the grid scale factor is 0.99991717) R tered Professiona] Land rveyor EXHIBIT "B" i c o ~ o.•' ~~~ ~ r'~ }C. t.~ JEy JP PP'6~ M1~1 N pclc No• .S~„ _ 6~ ~ s r. SSPP oP~ 0 'g pD 1 ~~ 6~o su~'m uu Mr~~n~+.el % ~~ ~ 4 ~~ 11 , ~'N O 4 ' , tE ` RpO s ~ ~ 1 >s~~ m ~..~ ,~.~~. _.. ~....~. 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