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Home My WebLink AboutPO 6672: ABANDONMENT OF PORTION OF PUBLIC STREET RIGHTS-OF-WAY FOR THE PORT OF PORT ARTHUR Ciry of nrt rtlrrrr www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 29. 2018 To: The Honorable Mayor and City Council Through: Harvey L. Robinson, Interim City Manager From: Ronald Burton,ACM/Director of Development Services RE: P.O. No. 6672—Abandonment of portion of public street rights-of-way for the Port of Port Arthur Introduction: The intent of this Agenda Item is to seek approval from City Council for P.O. No. 6672, abandoning 3.450 acre (150,190 SF)of land consisting of portions of the following public street rights-of-way: • 100' x 850' portion of Houston Avenue • 80' x 208' portion of Lakeshore Drive • 70' x 666' portion of Railroad Avenue • 60' x 210' portion of 4th Street This request is being made by The Port of Port Arthur Navigation District of Jefferson County, Texas, for the purpose of managing public traffic entering into designated areas owned/controlled by the Port. Background: The Port of Port Arthur submitted a request to the City for the abandonment of the above referenced portions of public street rights-of-way for the purpose of managing public traffic entering into designated areas owned/controlled by the Port. On September 19,2016,the Port Arthur Planning and Zoning Commission held a public hearing to discuss the proposed abandonment. In a vote of 4:0, the Commission recommended that the request be approved based on the purpose of managing public traffic and security. The City Council of the City of Port Arthur conducted a public hearing on Tuesday, April 24, 2018 at 6:00 p.m. In accordance with Article VI, Section 94.383(b)(2) of the Port Arthur Code of Ordinances,five(5)notices were mailed to each property owner within 200 feet and published in the official newspaper of the city, which was published in the Port Arthur News on April 8, 2018. Budget Impact: Bishop Real Estate Appraisers, Inc. conducted an appraisal on the property in 2016. Based primarily on facts and analyses contained in the report, the Market Value of the property, assuming no environmental issues are present, is $135,000.00. This amount would be made payable to the City of Port Arthur upon approval of this proposed ordinance and deposited into the City's street maintenance fund as required by Texas Local Government Code, Section 253.001. Recommendation: It is recommended that City Council approve P.O. No. 6672, abandoning 3.450 acre (150,190 SF) of land consisting of portions of the following public street rights-of-way: • 100' x 850' portion of Houston Avenue • 80' x 208' portion of Lakeshore Drive • 70' x 666' portion of Railroad Avenue • 60' x 210' portion of 4t Street • "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 Port Arthur,Texas 77641-1089 X409.983.8101 FAX 409.982.6743 P.O.NO.6672 05/29/2018 PDL PAGE 1 OF 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR,TEXAS,CLOSING, VACATING, ABANDONING AND CONVEYING PORTIONS OF THE HOUSTON AVENUE, LAKESHORE DRIVE, RAILROAD AVENUE, AND FOURTH STREET WITHIN THE CITY OF PORT ARTHUR; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED WITHOUT WARRANTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; REPEALING ALL ORDINANCES TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FINDINGS OF FACT. A16-03 (PORT OF PORT ARTHUR) WHEREAS, the City of Port Arthur desires to continue to protect and ensure the public health, safety, and welfare of its residents and businesses by effectively managing the City's real property interests that are held in trust for the public; and WHEREAS, Section 311.007 of the Texas Transportation Code authorizes home-rule cities to vacate, abandon, or close a street or alley; and WHEREAS, the City of Port Arthur has received a request from The Port of Port Arthur Navigation District of Jefferson County, Texas (the "Requestor") that the City close, vacate, abandon and convey portions of the Houston Avenue, Lakeshore Drive, Railroad Avenue and Fourth Street as more specifically described in Exhibit "A" (the "Property"), which is attached hereto and incorporated herein for all purposes; and WHEREAS, in accordance with Section 94-383(b)(1) of the City Charter, a recommendation for approval was received from the Planning and Zoning Commission; and WHEREAS,in accordance with Section 94-383(b)(2)of the City Charter,the City Council held a public hearing on April 24, 2018 at 6:00 p.m., after giving notice to all property owners within 200 feet and publishing notice in the official newspaper of the City; and P.O.NO.6672 05/29/2018 PDL PAGE 2 OF 8 WHEREAS, the City, after vetting the request and confirming with all franchised public utility providers and appropriate City departments, has determined that the Property is no longer needed as public rights-of-way and that it is in the public interest to close, vacate, abandon and convey the Property to the Requestor in accordance with Article VI, Section 94-383 of the City Charter; and, WHEREAS, upon the abandoning and vacating of any street, alley or easement, the city shall have the right, if it so desires,to retain a utility easement within the street, alley or easement abandoned with an appropriate reduction in fair market value, as delineated in Section 94-384 of the City Charter; 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, 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, TEXAS: SECTION 1. That the facts and opinions in the preamble are true and correct. SECTION 2. That all of the Property described in Exhibit "A" is hereby closed, abandoned and vacated as rights-of-way or passage by the City of Port Arthur, Texas, as the Property has been found to no longer be necessary for public purposes and it being found to be in the public interest by the City of Port Arthur to close, vacate and abandon the same to the extent of the public right, title and interest in and to the Property that the City may lawfully abandon. SECTION 3. That the Property is possessed by the City and shall be conveyed to the abutting property owner The Port of Port Arthur Navigation District of Jefferson County, Texas, in accordance with Section 272.001(b)(2)of the Texas Local Government Code, and that the City P.O.NO.6672 05/29/2018 PDL • PAGE 3OF8 Manager of the City of Port Arthur,Texas is hereby authorized,empowered and directed to convey said Property to the Requestor, its successors, heirs and assigns, by virtue of a Deed without Warranty in substantially the form provided as Exhibit "B", which is attached hereto and incorporated herein for all purposes. SECTION 4. That prior ordinances of the City dealing with or applicable to this Ordinance are hereby amended to the extent of any conflict herewith, and all ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance as adopted and amended herein,are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other ordinance of the City, the terms and provisions of this Ordinance shall govern. SECTION 5. That, should any section or part of this Ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof;but as to such remaining portion or portions,the same shall be and remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable. In the event that changes are made to Texas Water Code, Chapter 26, the provisions of state law will govern in the event of a conflict. SECTION 6. 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 June, A.D., 2018 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: P.O.NO.6672 05/29/2018 PDL PAGE 4 OF 8 COUNCILMEMBERS: NOES: Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: \cal_ J & - Valecia"Val"Tizen City Attorney APPROVED FOR ADMINISTRATION: Harvey L. Robinson, Interim City Manager .....0-* 1" Ronald "Ron" Burto , Assistant City Manager/ Director of Devel ment Services P.O.NO.6672 05/29/2018 PDL PAGE 5 OF 8 EXHIBIT "A" \ N41'13' E � 210' w \A9 AN 0 E� o — - _._.- 1 4TH STREET o w O th STREET 1 (60' ko.w.) ,0:,,� Z N P.O.B..O.B. (60' R.O.W.) \ S13. W .4O' L 41'1 ' W - 1 541'13' W P.O.C. ��I rt"."... ;\ 0 100 100' LJ , 11111111.111111 a^ UE SCALE IN FEET J� \p 3 W �� o UTILITY EASEMENT �� N D -5 Lu ,a 151,496.75 SQ. FT./ (:), c2 Q 1 3.48 ACRE Zi <Lcr IM'Fi, <0 ;N a 'a. Z \ a apc5 N. N VIO IT-- Co 0.0 .,co 6co �. 0. m PROPOSED UTILITY EASEMENT z�a v Cn ' j z moa 1,, . o oma- LEGEND z .1\9,2\,\I , W w o 1\ 70 ' \p M PROPOSED UTIUTY EASEMENT Li) ¢,, ` UE 0 \: 0 Z y� o ao ' ' 03 NOTES: wapcV Q W'rCCooe 1. METES AND BOUNDS DESCRIPTION wo,z • ACCOMPANIES SKETCH. wacai`` 2. BEARING REFERENCED TO THE_.TNE CITY_._ crN�' OF PORT ARTHUR PLAT, VOL. 1, PG. 50, z , M.R.J.C.. , • 1 N 41'13' E 140' ,_-___ ABANDONED LAKESHORE DR. o w N (a0'R.o.V , ,., ABANDONED LAKESHORE DRIVE - ��- • (80' R.O.W.) ORDINACE 70-25 S 41'13' W-- 208' • ...... 1 • PORT OF PORT ARTHUR DD7 PUMP STATION TRACT 1 (CALLED 0.0947 AC.), NAVIGATION DISTRICT I VOL. 1490, PG. 156, D.R.J.C. (CALLED 5.219 AC. , VOL. 1450, PG. 506. D.R.J.C. PORT OF PORT ARTHUR 2� NAVIGATION DISTRICT (CALLED 17.593 AC) 3 I H.F.P.L. R.O.W. VOL. 1459, PG. 596, D.R.J.C. N. °a°I, 100' JBS PACKING CO., INC. Z. UE TRDA CT 1 I CALL1.932 AC.) r- EASEMENT SKETCH C.F. NO. 2007045488, D.R.J.C. , (DRAFT) EXIST. JEIS INGRESS/EGRESSKING ESMT. _ik, PORT OF PORT ARTHUR ' 4113' W 1o,1' UTILITY EASEMENT BOB SHAW a, 7.N.1t; Consulting Engin ers 3'r 5.1G ....r.' •.•.• .. JOB NO. PPA-049 P.O.NO.6672 05/29/2018 PDL PAGE 6 OF 8 EXHIBIT"B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY 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. THE STATE OF TEXAS § COUNTY OF JEFFERSON § DEED WITHOUT WARRANTY THE CITY OF PORT ARTHUR, TEXAS ("Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by The Port of Port Arthur Navigation District of Jefferson County, Texas whose mailing address is P.O. Box 1428, Port Arthur,Texas 77641-1428 ("Grantee"),the receipt and sufficiency of which consideration are hereby acknowledged and confessed, Grantor has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY, unto Grantee that certain parcel of land lying and being situated in the State of Texas and County of Travis, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Property"). This conveyance is made by Grantor and accepted by Grantee expressly subject to any and all restrictions, covenants, conditions, ordinances, easements, encroachments, maintenance charges and the liens securing the same, all outstanding royalty or mineral interests, and all other matters, of record or otherwise,to the extent the same are now in force and effect and relate to the Property (the "Permitted Exceptions"). Grantor, for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the Property to have and to hold it to Grantee, Grantee's heirs, successors or assigns forever,without express or implied warranty,and all warranties that might arise by common law and the warranties in Section 5.023 of the Texas Property Code (or its successor) are excluded. Grantee agrees to be responsible for any ad valorem taxes with respect to the Property accruing after the date of this conveyance and Grantee assumes and agrees to pay the same and to indemnify and hold Grantor harmless with respect thereto. Any and all ad valorem taxes with respect to the Property assessed for periods prior to the date hereof shall be the sole responsibility of Grantor, including any rollback taxes due to a change in use of the Property, and Grantor assumes and agrees to pay the same and to indemnify and hold harmless Grantee and Grantee's assigns with respect thereto. P.O.NO.6672 05/29/2018 PDL PAGE 7 OF 8 EXECUTED AND DELIVERED the day of , 2018. THE CITY OF PORT ARTHUR, TEXAS By: Harvey L. Robinson, Interim City Manager THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME,the undersigned authority, on this day personally appeared Harvey L. Robinson, Interim City Manager of the City of Port Arthur, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of the City of Port Arthur, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of , 2018. Notary Public in and for the State of Texas 1'.O.N0.6672 05/29/2018 1'I)1. PAC F:8 OF 8 EXHIBIT "A" i N 41'13' E "- 210'- w 1 \ �—No — ABNNOEEC' 4TH STREET 2 m° P.O.B. 4th STREET S 4113' W 140' 4113' W ^- 10 S 41'13' w ' -7--\ . ,\ P.O.C. 1 I ' 0 100 \w 100' `Q SCALE IN FEET (Dr¢o r- UTILITY EASEMENT oa n-ii ! -3 c`.L w o 151,496.75 SQ. FT./ in d �' 3.48 ACRE 3,.• �� r 2 vi- 1 <00,---d, Z\ 2 r\a�%Z�� oxn ^I 03 ,� �; �? aac� a• v~io '� .4-�Z:? oma �� 0. \m PROPOSED UTILITY EASEMENT -\41) I- Z O 'v) '- \ U ��\' LEGEND WU 1 W ��70' p \\ PROPOSED UTILITY EASEMENT cn i<, UENu., o \\\\ - 000 N \ \Z woo m NOTES: wx,Z ' 1. METES AND BOUNDS DESCRIPTION aio_, • ACCOMPANIES SKETCH. Lo� • \ $j 2. BEARING REFERENCED TO THE THE CITY ernOF PORT ARTHUR PLAT VOL. 1, PG. 50, 3 rM.R.J.C.. 3T' E 1 a0'ED \ \DR. o uJ; °DABANDOND LAKESDIVE� _ (80' .W.) ORDM0- 5-- 208'UR DD7 PUMPTATIONT D0.0947 AC' 56. D.R.J.C.. .J.C. Ni PORT OF PORT ARTHUR 2 NAVIGATION DISTRICT (CALLED 17.593 AC.) H.F,P.L. R.O.W. VOL. 1459, PC. 596, D.RR.J.C. n, c.3,, 100' __ JBS PACKING CO.. INC. z, UE T . 1 EASEMENT SKETCH (CALLEDD 19454 (DRAFT) C.F. 0. 2007_045488,, D.D.R.J.C. EXIST. ` EXISPACKING ,,\ 1NGRESs/EGRESS ESMT. . , PORT OF PORT ARTHUR 5 4113' w --toy-' UTILITY EASEMENT 7-t OA t6 B08 SHAW . Consulting Engineers 3Y: 33G '"... 103 NO. PPA•049