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:
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EXCELLER CORPORATIDN .... ' .....
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President / I// '~ ~ ..." ,~
~'t/rst Amori¢an Bank a~d Trust
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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