The URL can be used to link to this page

Home My WebLink AboutPO 6545: GRANTING AN ABANDONMENT, LOT 11, BLOCK 31, 5480 PROSPECT AVENUE rrrv+ 4 (, 0' C+r I1 � nrJ rthu � INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: March 28, 2016 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services 30, RE: P.O. NO. 6545 —An Ordinance granting an abandonment of a utility easement for Kathy White. Nature of the request: Attached is P.O. NO. 6545 granting an abandonment of a 2.5' x 114' portion of a 7.5' x 114' utility easement located on Lot 11, Block 31, Lakeside Park Unit 4 [A.K.A. 5408 Prospect Avenue] in Port Arthur, Jefferson County, Texas. This request is being made on behalf of Kathy White for the purpose of allowing for the construction of a single family residence. A public hearing was held by the Port Arthur City Council on March 22, 2016 at 9:00 a.m. StaffAnalysis/Considerations: None Recommendation: The Planning and Zoning Commission recommended approval of this request. Budget Consideration: None "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 P.O.NO.6545 03/28/2016 PDL PAGE 1 OF 10 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A 2.5' X 114' PORTION OF A 7.5' X 114' UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 31, LAKESIDE PARK UNIT 4 [A.K.A. 5408 PROSPECT AVENUE], PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A16-01 —Kathy White) WHEREAS, under Section 272.001, Texas Local Government Code and Article I, Section 7 of the Charter of the City of Port Arthur, the City has the power to abandon and vacate streets, public road rights-of-way, alleys and easements, subject to the provisions of Article VI, Chapter 94 of the Code of Ordinances of the City of Port Arthur (Abandoning and Vacating City Streets, Alleys and Easements; Conveying, Selling and Exchanging City Land); and, WHEREAS, a request has been received to abandon 0.0063 acre of land consisting of a 2.5' x 114' (285 SF) portion of a 7.5' x 114' (855 SF) utility easement located on Lot 11, Block 31, Lakeside Park Unit 4 [A.K.A. 5408 Prospect Avenue] in Port Arthur, Jefferson County, Texas as delineated in Exhibit"A"; and, WHEREAS, Article VI, Section 94-384 authorizes that upon the abandonment of any street, alley or easement, the City shall have the right to retain the utility easement within the street, alley or easement. Similarly all other utility companies retain existing easements; and, WHEREAS, upon abandoning and vacating of any street, alley or easement, the City shall have the right, if it so desires, to retain utility easements within the street, alley or easement, hence there's an appropriate reduction in fair market value; and, P.R.NO.6545 03/28/2016 PDL PAGE 2 OF 10 WHEREAS, the City Council held a public hearing on March 22, 2016 at 9:00 a.m., after giving notice to all property owners within 200 feet and publishing notice in the official newspaper of the City; and, WHEREAS, recommendation of approval from the Planning and Zoning Commission has been received and considered; and, WHEREAS, the City Council has determined that the proposed abandonment and vacation is for a public purpose and is in the public interest; and that all requirements of Article VI of said Chapter 94 and all other applicable ordinances and laws have been satisfied; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That the following described utility easement located on Lot 11, Block 32, Lakeside Park Unit 4 in Port Arthur, Jefferson County, Texas be and the same are hereby abandoned, vacated and relinquished to the owners of the abutting property, but retains the rights to the easements and in the interest of the City of Port Arthur therein, to wit: 0.0063 ACRE (285 SF) UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 32, LAKESIDE PARK UNIT 4 [A.K.A. 5408 PROSPECT AVENUE] PORT ARTHUR,JEFFERSON COUNTY, TEXAS as described above and shown on the drawing attached hereto as "Exhibit "A" and made a part hereof. SECTION 3. That the City Manager shall be authorized to execute a Special Warranty Deed (in a form substantially in accordance with Exhibit "B") conveying the abandoned property to Kathy White. P.R.NO.6545 03/28/2016 PDL PAGE 3 OF 10 SECTION 4. That if any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision hereof. SECTION 5. That a certified copy of this Ordinance shall be filed for record in the Office of the County Clerk of Jefferson County, Texas. READ, ADOPTED AND APPROVED this day of April, A.D., 2016 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Deloris "Bobbie"Prince, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: \f.kCLa Valecia"Va " Tizeno,i•., Ci y ttorney P.R.NO.6545 03/28/2016 PDL PAGE 4 OF 10 APPROVED FOR ADMINISTRATION: Brian McDougal, City Man.ger Ronald"Ron" Burton,P ire' or of Development Services P.R.NO.6545 03/28/2016 PDL PAGE 5 OF 10 EXHIBIT "A" FOUND 3/4" STEEL ROD FOUND 1/2_ 59.31' CALLED 60.00' CAPP ROD CAPPED "ACCESS" 1a 20 I r SCALE:1"-20' I— z 7.5' WIDE w w UTILITY EASEMENT O W Q 0' N2,)1 oCr iri PROPOSED 2.5' OF 0� THE 7.5 WIDE ~ UTILITY EASEMENT N — TO BE ABANDONED ao 05 N CI Q -I U —IJ in �p' �'S1 N 0' r ao N f a 0 E N ao 0= INTERIOR ANGLE kr) N LT CORNER ANGLE A 89'54'40" M 8 B 90'10'35" c C 90'07'17" r DD 89'47'28" z E 90'05'20" w s C 0 i 59.99' �J a ` � PLAT BEARING = N 05'37'00" W " O SET 1/2" STEEL ROD-7 59.98' "I FOUND 5/8" CAPPED "SOUTEX" (CALLED 60.00') FOUND 1/2 i STEEL ROD STEEL ROD E PROSPECT AVENUE ( 60' R.O.W. ) ANTHONY M. LEGER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 'n SHEET TITLE El EXHIBIT "A" PROPOSED ABANDONMENT OF 15- 1016 il 3737Doctors Drive2.5' OF A 7.5' WIDE UTIUTY EASEMENT ' Po,tArthnr,Ta ea 77642 LOT 11, BLOCK 31, LAKESIDE PARK UNIT 4VOLUME 10, PAGE 79 Er 80X12 30 15 To1.409.983.2004 MAP RECORDS JEFFERSON COUNTY TEXASSURVEYORS&ENGINEERS F...409.983.2005 I Lr DNS_T.e.P.E.FIRM/5755 n<nrtexsurvevor".com KATHY WHITE AML 5408 PROSPECT AVENUE 6 T.X.L5.FIRM/1012]500 COOS REIM PORT ARTHUR, TEXAS 77640 YMRCr 1 OF 1 P.R.NO.6545 03/28/2016 PDL PAGE 6 OF 10 EXHIBIT "B" P.R.NO.6545 03/28/2016 PDL PAGE 7 OF 10 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: April 5, 2015 Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address (including county) P.O. Box 1089, Port Arthur, Jefferson County, Texas 77641-1089 Grantee: Kathy White Grantee's Mailing Address (including county): 9114 Royal Burgess Rowlett, Texas 75089 Consideration: Ten($10.00) Dollars and other good and valuable consideration. Property (including any improvement): An area of 0.0063 (285 SF) acre of land consisting of a 2.5' x 114' portion of a 7.5' x 114' utility easement located on Lot 11, Block 31, Lakeside Park Unit 4 [A.K.A. 5408 Prospect Avenue] in Port Arthur, Jefferson County, Texas as delineated in Exhibit"A". Reservations from and Exceptions to Conveyance and Warranty: That such deed is subject to all restrictions, covenants, conditions, easements, rights-of-way and prescriptive rights whether recorded or not, and all recorded reservations if any and zoning and other laws affecting the property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part P.R.NO.6545 03/28/2016 PDL PAGE 8 OF 10 thereof, except as to the reservations from and exceptions to conveyance and warranty by and through only the grantor. Executed on the day of April, A.D., 2016. GRANTOR: City of Port Arthur, Texas Brian McDougal, City Manager APPROVED AS TO FORM: Valecia"Val" Tizeno, Esq., City Attorney ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.6545 03/28/2016 PDL PAGE 9 OF 10 ACKNOWLEDGEMENT THE STATE OF TEXAS: § COUNTY OF JEFFERSON: § BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal, City Manager known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of April, A.D. 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME HERE Original to Grantee: Kathy White 9114 Royal Burgess Rowlett, Texas 75089 Certified Copy to Grantor: City of Port Arthur, Office of the City Secretary P.O. Box 1089, Port Arthur TX 77641-1089 P.R.NO.6545 03/28/2016 PDL PAGE 10 OF 10 EXHIBIT "A" FOUND 3/4" STEEL ROD—, 1 FOUND 1/2" STEEL R (0 10 20 — 14 59.31' (CALLED 60.00') t CAPPED "ACCESS"D SCALE:1"=20' N z 7.5' WIDE LJ g UTILITY EASEMENT _ow : Q 12,5,, 10 O LLi \"OGS �flo1 g\-, c� in PROPOSED 2.5' OF e� _ THE 7.5 WIDE UTILITY EASEMENT c�� TO BE ABANDONED Fp N 0 J 0 QJ U —I U7 �0 J1 N ✓b N i 0 E 0 N 00 = INTERIOR ANGLE o LT CORNER ANGLE A 89'54'40" d B 9010'35" cm C 90'07'17" a D 89'47'28" z E 90'05'20" LJ M Z 0 0 Z I \l CI I�--- 59.99' 0,16, PLAT BEARING = N 05'37'00" W r' SET 1/2" STEEL ROD CA (59.98' T FOUND 5/8" CAPPED "SOUTEX„ (CALLED 60.00') FOUND 1/2" i STEEL ROD STEEL ROD W PROSPECT AVENUE — ( 60' R.O.W. ) ANTHONY M. LEGER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 m7 'HEFT MU EXHIBIT "A" 0 i1 PROPOSED ABANDONMENT OF 1r-1016 v) .,,:', r 2.5' OF A 7.5' WIDE UTILITY EASEMENT scut • 3737 Doctors Drive rp e ort Arthur,Texea 77642 LOT 11, BLOCK 31, LAKESIDE PARK UNIT 4 = 20' J VOLUME 10, PAGE 79 & 80 OATE 1200/15 cc cc / 1 \\, Tel.409.983.2004 MAP RECORDS JEFFERSON COUNTY TEXAS �oaAnwlrt SURVEYORS&ENGINEERS Fax.409.983.2005 4NU.icl,T DNS M55 SY _ x€ sauteuurvemors.com KATHY WHITE ` 0 i.B�P.E FIRM 15755 AML i.x.L5.FIRM 0012313005408 PROSPECT AVENUE ,�,.cp Galls nuasm PORT ARTHUR, TEXAS 77640 1