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Home My WebLink AboutPO 6752: ABANDONMENT OF PORTION OF PUBLIC STREET RIGHTS-OF-WAY A&P AMIN, LLC . __, 4 0 City of, or•• nit rthur 'r— Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: January 29, 2019 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. 6752—Abandonment of portion of public street rights-of-way A&P Amin, LLC Introduction: The intent of this Agenda Item is to seek approval from City Council for P.O. No. 6752, abandoning approximately 0.2261-acre of land consisting of an improved portion of the 76th Street right-of-way located east of State Highway 347 [A.K.A. Twin City Highway] between Blocks 2 & 3, Newport Heights No. 1 Addition. This request is being made by A&P Amin, LLC for the purpose of constructing a parking lot to accommodate a proposed medical facility/clinic. Background: A&P Amin, LLC submitted a request to the City for the abandonment of the above referenced portion of the public street right-of-way on October 25, 2018. On November 19, 2018, 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. The City Council of the City of Port Arthur conducted a public hearing on Tuesday, January 8, 2019 at 6:00 p.m. In accordance with Article VI, Section 94.383(b)(2) of the Port Arthur Code of Ordinances, fourteen (14) notices were mailed to each property owner within 200 feet and published in the official newspaper of the city. Budget Impact: Cooks &Associates, Inc., a licensed real estate appraiser, conducted an appraisal on the property in 2018. Based primarily on facts and analyses contained in the report, the Market Value of the property, assuming no environmental issues are present, is $48,300.00. 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. 6752, abandoning approximately 0.2261-acre of land consisting of an improved portion of the 76th Street right-of-way located east of State Highway 347 [A.K.A. Twin City Highway] between Blocks 2 &3, Newport Heights No. 1 Addition. "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.O.NO.6752 01/2912019 PDL PAGE 1 OF 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING, VACATING ABANDONING AND CONVEYING PORTIONS OF THE 76TH STREET RIGHT-OF-WAY 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 DECLARING AN EFFECTIVE DATE. A18-01 (A&P AMIN, LLC) 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 A&P Amin, LLC (the "Requestor') that the City close, vacate, abandon and convey a portion of the 76th Street right-of-way 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 Port Arthur Code of Ordinances, a recommendation for approval was received from the Planning and Zoning Commission; and WHEREAS, in accordance with Section 94-383(b)(2) of the Port Arthur Code of Ordinances, the City Council held a public hearing on January 8, 2019 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 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 P.O.NO.6672 05/29/2018 PDL PAGE 2 OF 12 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 Port Arthur Code of Ordinances; 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 Port Arthur Code of Ordinances; 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, in accordance with Section 272.001(b)(2) of the Texas Local Government Code, and that the City 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. P.O.NO.6672 05/29/2018 PDL PAGE 3 OF 12 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 February, A.D., 2019 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: P.O.NO.6672 05/29/2018 PDL PAGE 4 OF 12 Derrick Ford Freeman, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: (- Vale a "Val 'zeno, Aoomey APPROVED FOR •DMINISTRATION: Harvey L. Robinson, Interim City Manager Ronald "Ron" Burton, Assistant City Manager/ Director of Development Services P.O.NO.6672 05/29/2018 PDL PAGE 5 OF 12 EXHIBIT "A" SCALE 1' - 30' OLD STATE HIGHWAY 347 \\., 0 t5 30 S 48'59'52" E 60.00' r WEST R.O.W. LINE -- -T — _5.(7k..0._— _ — 50.0' A&P AMIN, LLC F.# 20180264459 W v) O.P.R.J.C. W LI A&P AMIN. LLC I1q F.# 2018026734 Fn z ` 0.P.R.J.C. 1 � �a U0 <0 1 a * - . t�E��O�R� r` NoE-{W n I Pi dQ' W vti y.,,... D,,5 Li z poGR .I0Np � crCDE a. a7' e.\-... h— a W I La! • ui 0 o ~ � � �0- i, CA 1 re tn fq \" a SSR`9 1-2 v <YRO (01 z W (,NF W 0 z Rf Ai o RNC STq ?9 48 os et�RiAt ` Loi �� k\N, yew s3 8 0�� 00 c qy 3 ` p LEGEND X60 R h,�f�ti q4� POINT OF �o\ 2-b M.R.J.C. = MAP RECORDS, JEFFERSON COUNTY BEGINNING s\,, O.P.R.J.C. = OFFICIAL PUBUC RECORDS, JEFFERSON COUNTY 0 0 : 1. METES AND BOUNDS OF EVEN DATE TO EXHIBIT "B" m ACCOMPANY SURVEY. a N 0.2261 ACRE OF LAND `"°`"° 18-0905 fS0UTEX 3737 I)«•��..f]i A PORTION OF 76TH STREEToP , A,tlm,.I .a.77642 TO BE ABANDONED 1 = 30 TA 409.983.9001Si1JEFFERSON COUNTY, TEXAS bAI4 018 SURVEYORS .k Rs Pa:.409.98)2003) A&P AMIN, LLC BRC, SR. TaPE.nem/5753 a"'c""""° "" 76TH STREET o��AML b T LL&nRti.10123110 c PORT NFC:HF� TFYAC 77Pci __ . P.O.NO.6672 05/29/2018 PDL PAGE 6 OF 12 TBPE Firm No. F-5755 TBPLS Firm No. 10123800 LA EF.0005711 OUTE 5 •.% 3737 Doctors Drive Port Arthur, Texas 77642 JP SURVEYORS&ENGINEERS Office (409) 983.2004 Fax (409) 983.2005 EXHIBIT "A" 0.2261 ACRE OF LAND A PORTION OF 76TH STREET, BETWEEN STATE HIGHWAY 347, A.K.A. TWIN CITY HIGHWAY,AND OLD STATE HIGHWAY 347, CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS BEING 0.2261 acre of land, a portion of 76th Street between the Easterly right of way line of State Highway 347, a.k.a. Twin City Highway, and the West right of way line of Old State Highway 347 between Blocks 2 and 3, Newport Heights, recorded in Volume 4, Page 49, Map Records, Jefferson County, Texas; said 0.2261 acre tract being more fully described by metes and bounds as follows,to wit: BEGINNING at a point being the Northwest corner of a tract of land described in a deed to A & P Amin, LLC, recorded in File No. 2018026734, Official Public Records, Jefferson County, Texas on the Easterly right of way line of said State Highway 347; said point being the Southwest corner of the herein described tract; THENCE, Reference Bearing = North 29 deg., 48 min., 05 sec., West, crossing said 76th Street, a distance of 63.38' to a point for corner being the Southwest corner of a tract of land described in a deed to A & P Amin, LLC, recorded in File No. 20180264459, Official Public Records, Jefferson County, Texas; said point for corner being the Northwest corner of the herein described tract; THENCE, North 41 deg., 24 min., 17 sec., East, on the South line of said Amin tract, File No. 20180264459, a distance of 153.73' to a point for corner being the Southeast corner of Lots 6, Block 2, of said Newport Heights on the West right of way line of said Old Highway 347; said point for corner being the Southeast corner of said Amin tract, File No. 20180264459, and Northwest corner of the herein described tract; THENCE, South 48 deg., 59 min., 52 sec., East, a distance of 60.00' to a point for corner being the Northeast corner of Lot 1, Block 3, of said Newport Heights, same being the Northeast corner of said Amin tract, File No. 2018026734, and Southeast corner of the herein described tract; THENCE, South 41 deg., 24 min., 17 sec., West, on the North line of said Amin tract, File No. 2018026734, a distance of 174.57' to the POINT OF BEGINNING and containing 0.2261 acre of land, more or less. P.O.NO.6672 05/29/2018 PDL PAGE 7 OF 12 This description is prepared from prior survey, deed records and map records, and does not represent a current on the ground survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481 on September 4, 2018. A& P Amin,LLC 18-0905 P.O.NO.6672 05/29/2018 PDL PAGE 8 OF 12 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 A&P AMIN, LLC whose mailing address is 502 Lexington Drive, Port Neches, Texas 77651 ("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. EXECUTED AND DELIVERED the day of , 2019. P.O.NO.6672 05/29/2018 PDL PAGE 9 OF 12 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 , 2019. Notary Public in and for the State of Texas P.O.NO.6672 05/29/2018 PDL PAGE 10 OF 12 EXHIBIT "A" TBPE Firm No.F-5755 TBPLS Firm No.10123800 rpte. LA EF.0005711 Ali1 * OUT G •� r 3737 Doctors Drive Port Arthur,Texas 77642 SURVEYORS&ENGINEERS Office(409)983.2004 Fax(409)983.2005 EXHIBIT"A" 0.2261 ACRE OF LAND A PORTION OF 76TH STREET,BETWEEN STATE HIGHWAY 347, A.K.A. TWIN CITY HIGHWAY,AND OLD STATE HIGHWAY 347, CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS BEING 0.2261 acre of land, a portion of 76th Street between the Easterly right of way line of State Highway 347, a.k.a. Twin City Highway, and the West right of way line of Old State Highway 347 between Blocks 2 and 3, Newport Heights, recorded in Volume 4, Page 49, Map Records, Jefferson County, Texas; said 0.2261 acre tract being more fully described by metes and bounds as follows,to wit: BEGINNING at a point being the Northwest corner of a tract of land described in a deed to A & P Amin, LLC, recorded in File No. 2018026734, Official Public Records, Jefferson County, Texas on the Easterly right of way line of said State Highway 347; said point being the Southwest corner of the herein described tract; THENCE, Reference Bearing =North 29 deg., 48 min., 05 sec., West, crossing said 76th Street, a distance of 63.38' to a point for corner being the Southwest corner of a tract of land described in a deed to A & P Amin, LLC, recorded in File No. 20180264459, Official Public Records, Jefferson County, Texas; said point for corner being the Northwest corner of the herein described tract; THENCE, North 41 deg., 24 min., 17 sec., East, on the South line of said Amin tract, File No. 20180264459, a distance of 153.73' to a point for corner being the Southeast corner of Lots 6, Block 2, of said Newport Heights on the West right of way line of said Old Highway 347; said point for corner being the Southeast corner of said Amin tract, File No. 20180264459,and Northwest corner of the herein described tract; THENCE, South 48 deg., 59 min., 52 sec., East, a distance of 60.00' to a point for corner being the Northeast corner of Lot 1, Block 3, of said Newport Heights, same being the Northeast corner of said Amin tract, File No. 2018026734, and Southeast corner of the herein described tract; THENCE, South 41 deg., 24 min., 17 sec., West, on the North line of said Amin tract, File No. 2018026734, a distance of 174.57' to the POINT OF BEGINNING and containing 0.2261 acre of land, more or less. P.O.NO.6672 05/29/2018 PDL PAGE 11 OF 12 This description is prepared from prior survey, deed records and map records, and does not represent a current on the ground survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481 on September 4, 2018. A & P Amin, LLC 18-0905 P.O.NO.6672 05/29/2018 PDL PAGE 12 OF 12 SCALE: 1' = 30. OLD STATE HIGHWAY 347 0 i5 30 \\\ S 48'59'52" E 60.00' —wEST R.O.W. UNE T —50.0' — 50.0' 1 A&P AMIN, LLC F.# 20160264459 4.1 cn O.P.R.J.C. w!x A&P AMIN, LLC E"W • F.# 2018026734 0.P.R.J.C. iO cD z z 8 �0110 N� rfi tn At Ci 1 �y�pPO G. . 000 n i 1 a., W 3 ��S v ¢ �' 1", C'� h� m z NF-1Qo�Fz J Cr a i" 5� 2 1_-'06 a� LI o1 La ~ \ ,6 FE o \. 2 v1I � in ea- R\ m ' YRO \ co W W CiyF\ z z 0 z Afia ER� cn ?9• N�£ R TA 4805"'9 ,1 0'` Loi,�� n �kH�cy� 63 38� 0��. (6o. �>� AY 4 LEGEND R o ylGy A47 j o� 2� M.R.J.C. MAP RECORDS, JEFFERSON COUNTY -POINT ` I - O.P.R.J.C. = OFFICIAL PUBLIC RECORDS, JEFFERSON COUNTY BEGINNING \.1 °' 1. METES AND BOUNDS OF EVEN DATE TO EXHIBIT "B" m ACCOMPANY SURVEY. 0 cv 0.2267 ACRE OF LANG Arrnm.rv. ~ 18-0905 S0UTEX 3737 Dort ,,lki A PORTION OF 76TH STREET s.4r PooAr16„r.T<�o,77692 TO BE ABANDONED 1` = JC' JEFFERSON COUNTY, TEXAS �g�5/2018 / \ uRvEyUTE)Corts 701.909.983.2009 J dr• IIQ( S f^x 409.983.200"� &P AMIN, LLC �ACRC, SR. 1.L_$ /a gz "'"'",,.r''''''' 76TH STREET oka®AML coma PORT NECHFS TEXAS 77651 _' `1 OF 1