2014-0050
INTRODUCED BY: V.J. ST. PIERRE, JR., PARISH PRESIDENT
(DEPARTMENT OF PLANNING & ZONING)
ORDINANCE NO. ___________
Title
An ordinance to amend the Zoning Ordinance of 1981, Ordinance No. 81-10-6, adopted October 19, 1981 to approve the change of zoning classification from B-1 to B-2, on four (4) tracts of Mississippi River batture property in Hahnville, Louisiana, as mandated by the Final Judgment in the case of Bayou Fleet Partnership, LLP versus St. Charles Parish, United States District Court No. 10-1557, Section "B" (3).
Body
WHEREAS, St. Charles Parish has received the Final Judgment On The Merits and Order Of Mandatory Permanent Injunction in the case of Bayou Fleet Partnership, LLP versus St. Charles Parish, USDC No. 10-1557, Section "B" (3); and,
WHEREAS, the Judgment mandates the St. Charles Parish Council "
to adopt, by March 10, 2014, an Ordinance rezoning, without limitations or conditions, Bayou Fleet's four tracts of Mississippi River batture property from B-1 (Non-Industrial) with legal non-conforming uses, to B-2 (Industrial)...".
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That in accordance with the Final Judgment in the case of Bayou Fleet Partnership, LLP versus St. Charles Parish, USDC No. 10-1557, the Zoning Ordinance of 1981, Ordinance No. 81-10-6, adopted October 19, 1981, is hereby amended to rezone, without limitations or conditions, Bayou Fleet's four tracts of Mississippi River batture property located in Hahnville, LA, as further described in Section II, from B-1 (Non-Industrial) with legal non-conforming uses, to B-2 (Industrial).
SECTION II. That the judgment further describes the four tracts of Mississippi River batture property as follows:
TRACT NO. 1 OF 4 - THE ADDITION TO THE P&L TRACT
Commence at U.S. Engineers Levee Monument No. 363 located in the center of the Mississippi River levee, thence along the centerline of the levee North 49 degrees 19 minutes 14 seconds West, a distance of 86.0 feet to a point on the upper line of lot 3 and the point of beginning, thence run North 54 degrees 45 minutes East a distance of 173.0 feet, more or less to the right descending bank of the Mississippi River, thence along the river bank South 69 degrees 6 minutes East a distance of 236.7 feet to the lower line of lot 3, thence along this lower line South 56 degrees 10 minutes West a distance of 463 feet, more or less to a point on the Northerly right of way line of River Road, La. Hwy. 18, thence along this line in a curve to the left to the upper line of lot 3, the chord of which bears North 31 degrees 24 minutes West a distance of 186.53 feet, thence along the upper line of lot 3 North 54 degrees 45 minutes East a distance of 88 feet to the point of beginning. This property is a portion of the following described property:
A certain lot of ground, situated in the Parish of St. Charles, on the right bank of the Mississippi River, measuring 182 feet in width by a depth of about 40 arpents, which property is bounded above by the property now or formerly of Widow Charles Madere and below by that of Louisiana Materials Co. Inc., and is designated as Lot Number 3 on a plat of subdivision on a larger tract, annexed to an act of partition between T.T. Baudoin, Mrs. Charles Madere, and Placide Baudoin, passed before J.B. Martin, Clerk of Court and Ex-Officio Notary in and for the Parish of St. Charles on January 30, 1892, which act of partition is duly recorded in this office in COB 1, FOLIO 642.
TRACT NO. 2 OF 4 - THE P&L TRACT
PARCEL 1:
THAT PORTION OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging, or in anywise appertaining, situated in Hahnville, St. Charles Parish, Louisiana, measuring 182 feet, more or less, front on the Mississippi River, by a depth to the right of way line of the River Road (La. Highway 18), bounded above by property formerly of the Estate of S.A. Baudouin and below by that formerly of William A. Wenck.
PARCEL II:
THAT PORTION OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging, or in anywise appertaining, situated in the Parish of St. Charles, State of Louisiana, in Section 1, Township 12 South, Range 20 East and Section 26 and Section 27, Township 13 South, Range 20 East. Said portion is a part of the property of the Estate of Ulysses J. Keller at Hahnville, St. Charles Parish, Louisiana, according to a certificate of survey by R. P. Bernard, Surveyor, dated September 25, 1971, and is described as follows:
Commencing at U.S. Engineers Right-of-way Monument 2711 ± 77.9 and measures North 25 degrees 21 minutes West a distance of 282.8 feet to a point; thence North 62 degrees 03 minutes East a distance of 35 feet to the ¾" iron rod and point of beginning being the southerly line of said portion as shown on the certificate of survey by R.P. Bernard, Surveyor, dated September 25, 1971. Thence measuring North 62 degrees 03 minutes East a distance of 910.12 feet to the mean low water line of the Mississippi River; thence North 27 degrees 18 minutes West a distance of 220.30 feet; thence North 38 degrees 58 minutes West a distance of 200 feet; thence 41 degrees 32 minutes West a distance of 200 feet; thence North 44 degrees 36 minutes West a distance of 131.14 feet, all comprising the mean low water line of the Mississippi River or easterly line of said portion of ground; thence South 10 degrees 21 minutes East a distance of 750.08 feet; thence South 25 degrees 21 minutes East a distance of 368.04 feet to the point of beginning, and designated as 18.96 acres on said survey by R. P. Bernard, Surveyor, dated September 25, 1971.
PARCEL III:
THAT PORTION OF GROUND, together with all the buildings and improvements thereon and all the rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging, or in anywise appertaining, situated in the Town of Hahnville, Parish of St. Charles, State of Louisiana, said portion of ground is a portion of the property of the Estate of Ulysses J. Keller, and is more fully described as follows:
It has a width of 110 feet fronting on the east or river side of right-of-way line of Louisiana Highway 18 (commonly known as River Road), and is bounded on the southern side by a portion of ground owned by Alvin Gourges acquired by the said Alvin Gourges on April __, 1944, from Ulysses J. Keller in act passed before James P. Vial, N.P., recorded in COB "YY", folio 501 and is bounded on its northern or (up river side) by remaining property of the Estate of Ulysses J. Keller or assigns; said lot of ground extends from its frontage on Louisiana Highway 18 (River Road) in an easterly direction toward the Mississippi River between parallel lines of 110 feet apart but with unequal depths on its southern (or down-river sideline) and northern (or up-river sideline) so as to reach the property previously purchased by P&L Investment Corporation from Louis D. Keller, et al., in act passed before Joel T. Chaisson, N.P. on October 11, 1971, registered in COB 118, folio 87, St. Charles Parish, Louisiana.
Being the same property acquired by P&L Investment Corporation by purchase from Philonise Friloux Nicholas, et al., per act passed before Leon C. Vial, III, N.P. dated July 19, 1972, filed July 31, 1972, under Entry No. 41575, registered in COB 129, folio 372; further by Ratification and Quitclaim from Roswell Keller, per act dated May 30, 1980, filed September 17, 1980, further by purchase from Louis D. Keller, et al, per act dated November 27, 1979, filed September 17, 1980, under Entry No. 77311, registered in COB 252, folio 234; and further by purchase from Louis D. Keller, per act passed before Joel T. Chaisson, N.P., dated October 11, 1971, filed October 27, 1971, under Entry No. 39681, registered in COB 118, folio 87.
In addition to the foregoing, and notwithstanding anything to the contrary, with respect to all the hereinabove described property designated as Parcel I, Parcel II, and Parcel III, vendor conveys to purchaser and purchaser acquires from vendor all of vendor's right, title and interest in and to riparian rights, alluvian, dereliction, and the banks of the Mississippi River which are part of or all of the hereinabove described property designated as Parcel I, Parcel II, and Parcel III, including by example and not limitation all property to the ordinary low stage (mean low water line) of the Mississippi River.
TRACT NO. 3 OF 4 - THE OTC TRACT
ALL OF ITS RIGHT, TITLE AND INTEREST IN AND TO THE FOLLOWING:
THAT PORTION OF GROUND, together with all the buildings and improvements thereupon, including but not limited to all other immoveables by destination such as pipe lines, the railroad and the piling clusters, and all rights, ways, servitudes, appurtenances, batture accretion, accession and riparian rights and advantages thereunto belonging or in anywise appertaining, situated in the Parish of St. Charles, State of Louisiana, on the right descending bank of the Mississippi River, and which said portion of ground comprises all of that part of a certain tract of land, measuring 8 acres and 24 toises front on the Mississippi River by a depth of 40 to 42 acres, all or more less, bounded now or formerly, above by property of Ulysses J. Keller and below by property of L.M. Granier and L.B. Labadot, lying between the river side of the levee and the mean lower water line of the Mississippi River, containing 35 acres, more or less.
And according to a survey by R. P. Fontcuberta, Jr., Registered Land Surveyor, dated July 1, 1981, the property is described as follows:
From Monument L.M.S. 370 set at U.S. Army Corps of Engineers Sta. No. 2716+86.53, go North 17 degrees 47 minutes 30 seconds West a distance of 126.63 feet to a ½ inch iron rod set at Sta. No. 2715+59.41, the POINT OF BEGINNING. From the Point of Beginning go North 68 degrees 20 minutes 19 seconds East a distance of 1584.80 feet to a ½ inch iron rod; thence North 68 degrees 20 minutes 19 seconds East to the ordinary low water mark of the Mississippi River, being the southeast corner of the parcel herein described; then return to the Point of Beginning and run North 17 degrees 47 minutes 30 seconds West a distance of 487.13 feet to Monument L.M.S. 368, Sta. No. 2697+67.07; thence North 10 degrees 37 minutes 50 seconds West a distance of 91.49 feet to Monument L.M.S. 367, Sta. No. 2696+75.61; thence North 24 degrees 22 minutes 54 seconds West a distance of 286.95 feet to a ½ inch iron rod at Sta. No. 2693+88.66; thence North 62 degrees 03 minutes 00 seconds East a distance of 737.49 feet to a ½ inch iron rod; thence North 62 degrees 03 minutes 00 seconds East to the ordinary low water line of the Mississippi River in a downstream direction to the southeast corner of the parcel hereinabove described.
Acquired by Batture Fleet, Inc., from American Marine Corporation by at dated August 1, 1995, registered in COB 498, folio 801, Entry No. 196354, St. Charles Parish, Louisiana.
TRACT NO. 4 OF 4 - LOTS B AND C OF THE OLD RIVARDE TRACT:
A CERTAIN PORTION OF GROUND, together with all buildings and improvements thereon, all rights, ways, privileges, servitudes, appurtenances and advantages thereunto belonging or in anywise appertaining, situated in Hahnville, St. Charles Parish, Louisiana, being the levee and batture as more fully described on a plan of survey prepared by Guy J. Seghers, Sr., Civil Engineer and Surveyor, dated March 15, 1974, which plan of Survey is attached to Cash Act of Sale by Lillie Marrero Rivarde, et al, to Harry E. Collins, which Act of Sale is recorded under COB Entry No. 46449, Clerk of Court's Office, Parish of St. Charles.
Said property herein conveyed is all of the batture and levee located in front of the property commonly known as the "Rivarde Place" and measures approximately 339.24 feet along the westerly toe of the levee by approximately 1,485.32 feet along its northerly sideline unto the Mississippi River and measures approximately 1,667.75 feet along its southerly sideline, which is also the common boundary line with the "Home Place Plantation," said southerly sideline extending from the westerly tow of the levee unto the Mississippi River. The property herein conveyed contains approximately 11.5 acres, more or less, which includes the land located under the present levee. Said land is located in front of Square Six (6), formerly Square One (1), Hahnville, Parish of St. Charles, and is in Section 23, T-13-S, R-20-E, Southern District of Louisiana, west of River.
The land herein conveyed is bound on its southerly side by "Home Place Plantation" and on its northerly side by a continuation of the line of Smith Street, ex. Morgan Street, and on its westerly side by the property owned by Neal Clulee and Agnes R. Saia, Dominick M. Saia, Michelle A. Saia and Lisa M. Saia, and on its easterly side by the Mississippi River.
Being a portion of the same property acquired by Harry E. Collins from Mrs. Lillie Marrero Rivarde, et al, by Cash Act of Sale dated March 25, 1974 before Herman M. Baginski, Notary Public, in and for the Parish of St. Charles, and duly recorded under COB Entry No. 46449, COB 149, Folio 769, Clerk of Court's records, Parish of St. Charles, State of Louisiana.
And further being the same property acquired by Louisiana Materials Co., Inc. from Neal J. Clulee, Mary K. Clulee and Tim Knight via Johnny Marino, Sheriff of the Parish of St. Charles, by Sheriff's Sale held on January 27, 1993, pursuant to a writ of fieri facias issued in the matter entitled "Louisiana Materials Company, Inc. v. Mr. and Mrs. Lawrence Deroche d/b/a Deroche Truck Service, et al." Nos. 30-497 c/w 30-347 c/w 30-440, Div. "C," 29th Judicial District Court, Parish of St. Charles, and by Sheriff's deed dated January 27, 1993, and duly recorded under Instrument No. 171539, COB 461, folio 471, Clerk of Court's records, Parish of St. Charles, State of Louisiana ("the Property").
Lots B and C of the Old Rivarde Tract are shown on the survey of Roland Bernard which is attached to this Judgment and made a part hereof as Exhibit "A." Lots B and C of the Old Rivarde Tract were created by a Judgment of Partition of Immoveable Property entered by the 24th Judicial District Court, Parish of Jefferson, State of Louisiana, in the matter entitled "Bayou Fleet Partnership v. Agnes R. Saia, et al," No. 489-381, Div. "G."
SECTION III. That the Department of Planning & Zoning is hereby directed to amend the official St. Charles Parish Zoning Maps to reflect the rezoning of Bayou Fleet's four tracts of Mississippi River batture property from B-1 to B-2, Hahnville, Louisiana, as required and described in the judgment in the case Bayou Fleet Partnership, LLP versus St. Charles Parish, USDC No. 10-1557.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ______ day of __________, 2014, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________