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HomeMy WebLinkAboutPR 10279:PLEASURE ISLAND REPLATinteroffice MEMORANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: October 23, 2002 Subject: Replat of Reserve "F" P. R. 10279, October 29, 2002 Council Meeting Mr. Albright brought in the results of the vote as to the proposed amendment of the Bylaws. The majority of lot owners who voted, approved the amendment of the deed restrictions, which required waterfront lots and canals in Tract ~F". Nevertheless, I discussed this with Mr. Dike and he pointed out that a majority of lot owners were needed to approve the amendment of the deed restrictions and that this did not occur. I would recommend that this matter be tabled until the attorneys for the Pleasure Island Commission and the Homeowner's Association can review the ballot results. MTS/ts Attachment: P. R. No. 10279 Documentation on the Vote cc: Director of Planning Morris Albright VIA FACSIMILE (409) 982-8069 Jimmy Dike Director PLEASURE ISLAND COM}{ISSION 520 Pleasure Island Boulevard Port Arthur, TX 77640 VIA FACSIMILE (409) 724-7585 Jim Wimberly VIA FACSIMILE (409) 838-8842 Pete Steele z. pr10279_replat {d) Reserve Trac! "F" may be further subdivided into twelve canals attendant thereto shall be conveyed to the Marina Col¢~ny (e) proprietor reserves !he right of ingress anti egre5~ over the South ofT. B. Eltlson Parkway. (See Paragraph No, 22) 27. Severabllit¥; Invalidation of any one of these covenants t)y judgment pmvlalons to remain In full force and effect The laws of Texas shall govern the office of the County Clerk of' Jefferson County, Texas, signed by a majority vote, 29. Head n,qs, All sections and paragraph headings u~,ed herein are for convenle'~ce---only and shall have no efficacy in c(;nstruing any of the restrictio-s, ._ 'T~ da WITNESS the execution hereof this the___~_,.~____ Y of~)J¢~_¢_l,_C 1983. ATTEST: J EXCELLER CORPORATIDN .... ' ..... ~.~. ~, 1 10~ President / I// '~ ~ ..." ,~ ~'t/rst Amori¢an Bank a~d Trust -11- L_ COVENANT CHANGE VOTE - RESULTS A/O 10/14/2002 TOTAL VOTE8 "FOR'" 31 TOTAL LOT OWNER8 "FOR" · 2:9 TOTAL VOTE8 AQAII~T · ~ s~ C (~ TOTAL LOT OWNER8 AOAIN~T""~g/;a (~ MARINERS COVE LOTS Bobby Bodin --- 2 lots plated as one Charles Wickersham --- 2 lots plated as one Calvin Rising --- 2 lots plated as one Carl Sanders --- 2 lots plated as one Deborah Dommert --- 2 lots still plated as 2 Jake Faweau --- 3 lots - single plated Steve Taggard --- 2 lots plated as one August 27, 2002 MARINIA COLONY, PHASE 1, PORT ARTRUR, TEXAS AMENDMENT OF RESTRICTIONS Your Board of Directors recommends the approval of the following amendment to the covenants, conditions and/or restrictions as allowed under paragraph 28, Amendments of these Restrictions: · Present wording of page 10, paragraph 26, Easements, Right of Ways and Reservations and Provisions Effecting Same, (d): "Reserve Tract "F" may be further sUb-divided into twelve (12) waterfront lots by the Proprietor, its successors or assigns. Any canals attendant thereto shall be conveyed to the Marina Colony Homeowner's Association." · Recommended change in wording: "Reserve Tract "F" may be further subdivided imo twelve (12) waterfront lots by the Proprietor, its successors or assigns. ~ subdivided, the lots must be developed as water front lots and canals attendant thereto shall be conveyed to the Marina Colony Homeowner's Association." The reason for this vote on changing above restrictions is as follows: The Pleasure Island Commission has requested the City of Port Arthur to allow the subdivision of Reserve Tract "F" into twelve (12) non -waterfront lots. This would reduce the cost of the development considerably, but not be in compliance with the restrictions. However, they interpret (d) to mean that the lots may be subdivided but not necessarily into waterfront lots. The advertising literature had depicted the lots as canal lots. 2. If the city allowed this development into non-waterfront lots, the character of the subdivision would be changed from a "Marina Colony" with the possibility of the devaluation of the present home and lots in the colony. 3. The Pleasure Island Commission has stated that they want to sell these lots with the least cost of development so that they can take the proceeds and develop other parts of the island. 4. The Pleasure Island Commission presently has approximately seventeen (17) lots they have not sold in the colony. If they promoted these lots and'sold them, they would realize far more profit than if they developed Tract "F". _ 5. The development of Tract "F" into cheaper lots without canal fi:ontage would place 12 additional lots on the market at cheaper prices and possibly reduce the value of the present lots and possibly the value of the present homes in the colony. Your Board of Directors therefore request your vote for the change in the Restrictions Mariner's Cove Home Owners Board of Directors Morris Albright Richard Briggs Jarfice Byram Grant Freund Calvin Rising Association BALLOT FOR PROPOSED AMENDMENT TO RESTRICTIONS (Please mark in the appropriate space to reflect your vote.) For: Against: NAME LOTNUMBER(S) DATE MARINERS COVE HOMEOWNERS ASSO NAME ADDRESS : LOT NO(S) Adair, Danny, P O Box 2845 Pu~t Arthur TX 77643-2845 16 Albright, Morris 812 Southwind Port Arthur TX 77640-6850 69 Bodin, Francis 800 Southwind Port Arthur TX 77640-6850 71 Bodin, Robert 1000 Southwind Port Arthur TX 77640-6848 61A Bradley, Lance 425 Island Way ~__ Port Arthur TX 77640-6864 49A Bradley, Paul 3629 Roanoke Port Arthur TX 77642 1 Brammer, Robert 1001 Northwind Port Arthur TX 77640-6847 28 Briggs, Richard 900 Southwind Port Arthur TX 77640-6842 67 Broussard, George' 843 Northwind Port Arthur TX 77640 24 Byram, Janice 912 Northwind Port Arthur TX 77640-6840 6 Chirafis, John 806 Southwind Port Arthur TX 77640 70 Criswell, Lloyd 806 Northwind Port Arthur TX 77640 15 Darby, James P O Box 3067 Port Arthur TX 77643-3067 48 Dearborn, Tom 965 Lockwood Beaumont TX 77706-5547 12 Dommert, Deborah 1000 Northwind Port Arthur TX 77640 72, 73 Econ0-Rail Corp 1399 Carroll St Beaumont TX 77701-5806 25 0Nilliam Scott) Favreau, Jake 1012 Northwind Port Arthur TX 77640-6846 2,3,4 Fialho, John 407 High Seas Port Arthur TX 77640-6855 34 Freund, Grant 912 Southwind Port Arthur TX 77640-6842 65 Green, Andrew 918 Southwind Port Arthur TX 77640-6842 64 Gunter, James 2801 MacArthur Dr Orange TX 77630-4791 23 31A Harfington, Jackiyn Ingram, Steve 437 island Way Port Arthur TX 77640-6837 51 Johnston. Jack 1012 Southwind Port Arthur TX 77640-6848 60 Jones, Patrick 900 Northwind Port Arthur TX 77640-6840 8 Lawson, Oliver 4334 Thomas Park Beaumont TX 77706-7770 63 Ludwig. Edward 1146 Ivy Lane Beaumont TX 77706-6119 19 MCC Properties JV 2050 N 11 ~ St Beaumont TX 77703-4910 McFerrin, Tom P O Box 21604 Beaumont TX 77720-1604 ~ Oltremari, Jerry 1900 MLK Blvd Port Arthur TX 77640-6809 . 36 _ Payne, James 1018 Southwind Port Arthur TX 77640-6848 59 Pleasure Island 520 Pleasure Pier BIvd Port Arthur TX.77640 20, 22, 25, Commission 32, 35, 37-46, 55-66 Reese, Ricky 810 Northwind Port Arthur TX 77640 11 Rising, Calvin 513 High Seas Port Arthur TX 77640-6845 57A _ Rising, Start 6524 Garnet Port Arthur TX 77640-1310 14 __ MARINERS COVE HOMEOWNERS ASSO Rodgers. Terese 21 Sanders. Cad 801 Northwind Port Arthu~ TX 77640 17A Scott. James 842 Northwind Port Arthur TX 77640-6838 9 Scott. William 1399 Carroll St Beaumont TX 77701-5806 47 Smith. Charles 2410 Crabtree Orange TX 77630-6228 7 Smithy. Gene 818 Northwind Port Arthur TX 77640 13 Taggart, Stephen 3302 McFaddin #2 Beaumont TX 77706 29A Turner, James ~-1 CJ~o.~o_ $ ~z~ '~.. - ~~,-F._~,,H-( 68 Way, Frank 443 Island Way Port Arthur TX 77C:~40-6837 52 Wickersham, Charles P O Box 3104 Orange TX 77631-3104 53A Weiss, Gary 2013 Ponce De Leon West Palm Beach FL 27 33407-6019 Williams, Danny ~:~. 1,,~e-,~ ~~l-fi q'f f,~-o 10 Worsham. William 906 Southwind Port Arthur TX 77640-6842 66 2 O~d.~.R G. ORTtZ, MAYQR THOMAS J, HENDERSON, MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A. BARKER TOM GILLAM, III REV. RONNIE LINDEN BO8 BOWERS ROSE MITCHELL CHAISSON MICHAEL "SHANE" SINEGAL CiO' of CITY ATTORNEY Octobcr 8, 2002 Morris Albright 812 Southwind Port Arthur, TX 77640 Re: Replat of Reserve F Dear Mr. Albright: On September 3, 2002, the City Council tabled consideration ofP. R. No. 10279, which addressed the replat of Reserve "F" of Marina Colony. This was at your request ahd the resolution was rescheduled for the October 29th Council meeting. Can you please forward a copy of the proposed amendment or other document that was submitted to the lot owners of Marina Colony and the response of the lot owners. Sincerely, Mark T. Sokolow City Attorney Mayor City Council City Manager Jimmy Dike, Executive Director, Pleasure' Island Commission MTS/jb RO. BOX 1089 * PORT ARTHUR, TEXA~; 77641-1089 · 409/983-8126 · FAX 409/983-8124 INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING P.R. NO. 10279 - PLEASURE ISLAND REPEAT 08/29/02 RECOMMENDATION: The Pleasure Island Commission is requesting that the City Council authorize the Mayor and City Manager to sign two replats of Reserve "F" in order that these may be submitted to the Planning and Zoning Commission for consideration. BACKGROUND: The Marina Colony Subdivision was initially platted with several reserve areas. One of these (Reserve "F") is located on the east side of Southwind. The Pleasure Island Commission is proposing to replat a portion of this reserve into 11 lots and retain a portion of the property. Since this property is owned by the City, it is necessary that the replats be signed by the Mayor and City Manager. They will then be submitted to the Planning and Zoning Commission for consideration. These replats were have been submitted to the City Council since 1998. There has been discussion of whether or not these replats violated the deed restrictions of the subdivision. The City Council has tabled the request and asked that the Pleasure Island Commission get with the property owners and come to an agreement on the proposed replats. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: The Pleasure Island Commission is requesting that the City Council authorize submittal of these replats to the Planning and Zoning Commission for approval. RESOLUTION NO. P.R. No. 10279 08/29/02 DLW A RESOLUTION AUTIIORIZING THE MAYOR AND CITY MANAGER TO SIGN TWO REPLATS OF RESERVE "F', REPLAT OF MARINA COLONY SUBDIVISION, A SUBDIVISION ON PLEASURE ISLAND, ON BEHALF OF THE CITY OF PORT ARTHUR. WltEREAS, the Pleasure Island Commission wishes to replat a portion of Reserve "F" of the Replat of Marina Colony subdivision on Pleasure Island; and, WHEREAS, it is required that the replats be signed by the owner of the property (City of Port Arthur) prior to consideration of the Planning and Zoning Commission; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Mayor and City Manager are hereby authorized and directed to sign the two (2) replats of lots in the Replat of Marina Colony Subdivision on behalf of the City of Port Arthur as follows: Lots 74 - 78, a replat of 0.648 acres out of Reserve "F" Lots 79 - 84, a replat of 0.716 acres out of Reserve "F" TILAT the application of $125 per replat is hereby waived. THAT a copy of the caption of this Resolution be spread upon theMinutes of the City Council. READ, ADOPTED AND APPROVED this day of September, A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P.R. NO. 10279 08/29/02 Page 2 of 2 AYES: MAYOR COUNCILMEMBERS: NOES: ATTEST: Mayor City Secretary APPROVED AS TO FORM: SEE CONFIDENTIAL MEMO DATED 10/05/01 City Attorney APPROVED FOR ADMINISTRATION: City Manager Director of Planning