HomeMy WebLinkAboutPO 6889: ABANDONMENT OF A PORTION OF 53RD STREET RIGHT-OF-WAY Cin•of ;- t."—'s _-
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INTEROFFICE MEMORANDUM
Date: July 28, 2020
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Director of Development Services
RE: P.O. No. 6889 —Abandonment of a portion of 53rd Street right-of-way
Introduction:
The intent of this Agenda Item is to seek approval from City Council for the abandonment of a
1.845-acre portion of a dedicated public right-of-way, known as 53rd Street, located in the Port
Arthur Land Company Subdivision, Port Arthur, Jefferson County, Texas.
The purpose of the request is for the construction of a railyard.
Background:
On January 2, 2020, Planning Staff received an application from USA Rail Terminals
Beaumont, LLC, requesting an abandonment of the 1.845-acre portion of public right-of-way.
This section of 53rd Street is located off State Highway 347 [A.K.A. Twin City Highway] at
53rd Street. It is legally described as being part of Blocks 8 and 9, Range "G", Port Arthur
Land Company Subdivision.
As part of the abandonment process, the application was accompanied by signed and written
consent of all utility entities and adjacent property owners. USA Rail Terminals Beaumont,
LLC is the registered owner of the adjacent properties.
An appraisal report was order from Cook & Associates, Inc. of Beaumont, Texas and an
investigation and analysis of the property was performed on December 6, 2019. Based on the
fair and reasonable consideration, the fair market value of the portion of public right-of-way is
appraised at$54,700.00.
The City's Planning and Zoning Commission held a public hearing on Monday, March 16,
2020. Public Notices were published in the Port Arthur Newspaper on March 7, 2020, as well
as notices sent to property owners within a 200 ft. radius of the proposed site.
The Port Arthur City Council held a public hearing on Tuesday, July 21, 2020, at 11:30 a.m.
In preparation for the public hearing, notification was published in the Port Arthur Newspaper
on July 4, 2020, and July 8, 2020. Certified letters were mailed to adjacent property owners
located with a 200 ft. radius of the proposed site on July 13, 2020.
Property owners were provided with various methods to respond to the request, such as mail,
fax, email, as well as the toll-free number, meeting id, and participant id, to attend the public
hearing.
Budget Impact:
USA Rail Terminals Beaumont, LLC would provide the City with payment in the amount of
$54,700.00 for the conveyance of the 1.845-acre portion of dedicated public street right-of-
way, known as 53rd Street.
Recommendation:
It is recommended that City Council approve the abandonment of a 1.845-acre portion of a
dedicated public right-of-way, known as 53rd Street, located in the Port Arthur Land Company
Subdivision, Port Arthur, Jefferson County, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X409.983.8101 X FAX 409.982.6743
P.O.NO.6889
07/28/2020 PDL
PAGE 1 OF 11
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR,TEXAS,CLOSING,
VACATING, ABANDONING, AND CONVEYING A 1.845-ACRE
PORTION OF A DEDICATED PUBLIC RIGHT-OF-WAY, KNOWN AS
53RD STREET, PORT ARTHUR LAND COMPANY SUBDIVISION, PORT
ARTHUR, JEFFERSON COUNTY, TEXAS; 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.
A20-02 (USA RAIL TERMINALS BEAUMONT,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 USA Rail Terminals
Beaumont, LLC (the "Requestor") that the City close, vacate, abandon and convey a 1.845-acre
portion of a dedicated public right-of-way,known as 53rd 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 July 21, 2020 at 11:30 a.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.6889
07/28/2020 PDL
PAGE 2 OF 11
WHEREAS, USA Rail Terminals Beaumont, LLC provided the City Council with
feedback regarding concerns of proximity to residential development and impact on the 60th Street
railroad crossing, as delineated in Exhibit"B"; 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 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 delineate 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.
P.O.NO.6889
07/28/2020 PDL
PAGE 3 OF 11
SECTION 3. That the Property is possessed by the City and shall be conveyed to the
abutting property owner USA Rail Terminals Beaumont, LLC, 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 "C", 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.
P.O.NO.6889
07/28/2020 NUL
PAGE 4 OF 11
READ, ADOPTED AND APPROVED this day of August, A.D., 2020 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
AYES: MAYOR:
COUNCILMEMBERS:
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Va e 1 ` a1" ., , Attorney
APPROVED FOR ADMINISTRATION:
Ro "Ron" Burton, City Manager
Qpm c0 G,yi
Pamela D. Langford, Director dDevelopment Services
P.O.NO.6889
07/28/211211 I'I)1,
PAGE 5OFII
EXHIBIT "A"
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PAGE 7 OF 11
EXHIBIT "B"
uAix
RAIL TERMINALS
July 28,2020
To whom it may concern:
Regarding the planned rail car storage terminal located at 4801 53"'Street,Port Arthur,Texas.
1. USA Rail Terminals understands the concerns regarding noise on site. We will do everything in
our control to keep noise levels down particularly at night. Ensuring that all noise levels on the
Port Arthur property are kept within the limits of the Heavy Industrial Zoning requirements for
Jefferson County.
2. USA Rail Terminals will only use the overhead lighting on site when it is necessary to work at
night and will attempt to keep all night work at a minimum except for circumstances out of our
control and except for security lightning. The overhead lighting will be directed away from an
residential areas and will be turned off when not required.
3. USA Rail Terminals will advertise locally and hire local individuals that are qualified from Port
Arthur when adding staff to the Port Allen rail Terminal.
I hope this addresses the City's concerns and that you will be able to complete the closure of 53k'street as
planned as soon as possible.
Sincerely,
Steve Roth
Executive Vice-President
USA Rail Terminals,LLC
1010 SOUTHVIEW CIRCLE,CENTER,TEXAS 75935 936.590.4424 TELEPHONE 936.598.4345 FACSIMILE
P.O.NO.6889
07/28/2020 PDL
PAGE 8 OF 11
EXHIBIT "C"
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 USA Rail Terminals, LLC whose mailing address is 1010 South View
Circle, Center, TX 75935-4537 ("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 Jefferson, 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.6889
07/28/2020 I'D L
PAGE 9 OF I 1
EXECUTED AND DELIVERED the day of ,2020.
THE CITY OF PORT ARTHUR, TEXAS
By:
Ronald Burton, City Manager
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally Ronald Burton, 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
, 2020.
Notary Public in and for the State of Texas
N.O.tiO.6889
07/28/2020 P1111.
PAGE 10 OF 11
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