HomeMy WebLinkAboutPO 6848: SALE OF APPROXIMATELY 1.44 ACRE TRACT OR PARCEL OF LAND P. O. No. 6848
11/12/20 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF APPROXIMATELY 1.44
ACRE TRACT OR PARCEL OF LAND SITUATED IN THE THOMAS F.
MCKINNEY LEAGUE, ABSTRACT NO. 41 PORT NECHES, JEFFERSON
COUNTY, TEXAS
WHEREAS, pursuant to Section 253.014(b)(d) of the Texas Local Government
Code, the City of Port Arthur listed the tract of real property for sale for at least thirty (30)
days with a multiple-listing service; and
WHEREAS, it is deemed in the best interests of the public to authorize the sale of
approximately 1.44 acre tract or parcel of commercial land situated between Merriman
Street and Park Street in Thomas F. McKinney League, Abstract No. 41 Port Neches,
Jefferson County, Texas, for the purchase price of $100,000.00.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager, or his designee, is authorized to sell
approximately 1.44 Acres Tract Or Parcel Of Land situated in the Thomas F. McKinney
League, Abstract No. 41 Port Neches, Jefferson County, Texas, and more particularly
described in the Special Warranty Deed, in substantially the same form, as attached hereto
as Exhibit "A", to TransCanada Keystone Pipeline, LP in the amount of $100,000.00.
Section 3. That a copy of the caption of this Ordinance be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2020, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the
s.po6848
following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
fYi Uatit, (9-a- b_ikca6
7Valecia Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
s.po6848
EXHIBIT "A"
s.po6848
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.
Special Warranty Deed
Date: , 2020
Grantor: City of Port Arthur, Texas
444 4'h Street, 4'h Floor, Suite 410
Port Arthur,Texas 77640-1089
Grantee: TransCanada Keystone Pipeline, LP
700 Louisiana Street, Suite 1300
Houston, Texas 77002
Consideration
Cash and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged.
Property(including any improvements):
As described on attached exhibit together with all rights, privileges and
appurtenances pertaining thereto, including but not limited to: water rights,
claims, permits, strips and gores, easements, and cooperative or association
memberships(the Property).
Reservations from Conveyance: None.
Exceptions to Conveyance and Warranty:
Validly existing easements, rights-of-way,and prescriptive rights,whether of record
or not; all presently recorded and validly existing restrictions reservations,
covenants, conditions, oil and gas leases, mineral interests, and water interests
outstanding in persons other than Grantor, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; validly existing rights
of adjoining owners in any walls and fences situated on a common boundary; any
discrepancies, conflicts, or shortages in area or boundary lines; any encroachments
or overlapping of improvements and taxes for 2020, which Grantee assumes and
agrees to pay, and subsequent assessments for that and prior years due to change in
land usage, ownership,or both, the payment of which Grantee assumes.
1
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee all of his interest
in the Property, together with all and singular the rights and appurtenances thereto in any way
belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever.
Grantor bind Grantor and Grantor's heirs and successors to warrant and forever defend all and
singular the Property to Grantee and Grantee's heirs, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty.
GRANTEE IS TAKING THE PROPERTY IN AN ARM'S-LENGTH AGREEMENT
BETWEEN THE PARTIES. THE CONSIDERATION WAS BARGAINED ON THE BASIS
OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED
WARRANTIES,OTHER THAN THE SPECIAL WARRANTY OF TITLE MADE ABOVE.
EXECUTED effective this day of , 2020.
GRANTOR:
CITY OF PORT ARTHUR,TEXAS
By:
Ron Burton,City Manager
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of
2020 by Ron Burton, City Manager of the City of Port Arthur, Texas.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
TRACT I
Legal Description: 0.9842 Acre Tract or Parcel of Land
Thomas F. McKinney League,Abstract No. 41
Port Neches, Jefferson County, Texas
BEING a 0.9842 acre tract or parcel of land situated in the Thomas F.McKinney League,Abstract
No. 41,Jefferson County, Texas and being out of and part of that certain called 210 acre tract of
land as described in a deed from Port Arthur Water Company to the City of Port Arthur,Texas as
recorded in Volume 131, Page 544, Deed Records,Jefferson County,Texas and being out of and
part of that certain called 1.05 acre tract of land being a strip of land 50 feet wide as described in
a deed from the City of Port Arthur to the Texarkana& Ft. Smith Railway Company as recorded
in Volume 171, Page 481, Deed Records, Jefferson County, Texas and being out of and part of
that certain tract of land as described in a deed from Texarkana and Fort Smith Railway Company
to The Kansas City Southern Railway Company as recorded in Volume 544, Page 221, Deed
Records, Jefferson County, Texas, said 0.9842 acre tract being more particularly described as
follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System
South Central Zone NAD83 (2011). All distances and acreage are surface.
COMMENCING at a 1/2" iron rod found for the Northeast corner of that certain called 20.1937
acre tract of land as described in a deed from the City of Port Neches to Port Neches Independent
School District as recorded in Volume 1387, Page 248, Deed Records, Jefferson County, Texas
and being in the East right-of-way line of Merriman Street and being in the West line of that certain
called 25 acre tract of land as described in a deed from the City of Port Arthur to the City of Port
Neches as recorded in Volume 796, Page 261, Deed Records, Jefferson County, Texas and said
corner bears NORTH 05°43'32" EAST a distance of 3944.96 feet from a 1" iron rod found for the
intersection of the East right-of-way line of Merriman Street and the North right-of-way line of
F.M. Highway 366;
THENCE NORTH 05°43'32"EAST,along and with the East right-of-way line of Merriman Street
and the West line of the remainder of the said 25 acre City of Port Neches tract, for a distance of
40.00 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" set for the
Southwest corner and the POINT OF BEGINNING of the tract herein described, said corner
being the Northwest corner of the remainder of the said 25 acre City of Port Neches tract;
THENCE NORTII 05°43'32" EAST, continuing along and with the East right-of-way line of
Merriman Street,for a distance of 50.00 feet to a "MAG" nail set for corner, said corner being the
apparent Southwest corner of that certain called 1.24 acre tract of land being a strip of land 60 feet
wide as described in a deed from the City of Port Arthur to the Texarkana & Ft. Smith Railway
Company as recorded in Volume 240,Page 284,Deed Records,Jefferson County,Texas,the same
being that certain tract of land as described in a deed from Texarkana and Fort Smith Railway
Company to The Kansas City Southern Railway Company as recorded in Volume 544, Page 221,
Deed Records, Jefferson County,Texas;
Pug. Iof3
MARK W.JVIIITELEY 6 ASSOCIATES,INC.
THENCE SOUTH 84°04'05" EAST, along and with the boundary between the tract herein
described and the South line of the said 60 feet wide The Kansas City Southern Railway Company
tract, for a distance of 857.47 feet to a "MAG" nail set for corner, said corner being in the West
right-of-way line of Park Street;
THENCE SOUTH 05°52'23" WEST, along and with the West right-of-way line of Park Street,
for a distance of 50.00 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley& Associates"
set for corner,said corner being the Northeast corner of that certain called 9.48 acre tract of land,
identified as Tract "E" as described in a deed from the City of Port Arthur to the City of Port
Neches as recorded in Volume 510, Page 263, Deed Records, Jefferson County, Texas;
THENCE NORTH 84°04'05" WEST, along and with the boundary between the tract herein
described and the North line of the said 9.48 acre of City of Port Neches tract and the North line
of the remainder of the said 25 acre City of Port Neches tract, for a distance of 857.34 feet to the
POINT OF BEGINNING and containing 0.9842 Acres, more or less.
TRACT II
Legal Description: 0.4558 Acre Tract or Parcel of Land
Thomas F. McKinney League, Abstract No. 41
Port Neches,Jefferson County,Texas
BEING a 0.4558 acre tract or parcel of land situated in the Thomas F. McKinney League,Abstract
No. 41, Jefferson County, Texas and being out of and part of that certain called 210 acre tract of
land as described in a deed from Port Arthur Water Company to the City of Port Arthur, Texas as
recorded in Volume 131, Page 544, Deed Records, Jefferson County,Texas and being out of and
part of that certain called 1.24 acre tract of land being a strip of land 60 feet wide as described in
a deed from the City of Port Arthur to the Texarkana & Ft. Smith Railway Company as recorded
in Volume 240, Page 284, Deed Records, Jefferson County, Texas, and being out of and part of
that certain tract of land as described in a deed from Texarkana and Fort Smith Railway Company
to The Kansas City Southern Railway Company as recorded in Volume 544, Page 221, Deed
Records, Jefferson County, Texas, said 0.4558 acre tract being more particularly described as
follows:
NOTE: All bearings are referenced to the Texas Stale Plane Coordinate System
South Central Zone NAD83 (2011). All distances and acreage are surface.
COMMENCING at a 1/2" iron rod found for the Northeast corner of that certain called 20.1937
acre tract of land as described in a deed from the City of Port Neches to Port Neches Independent
School District as recorded in Volume 1387, Page 248, Deed Records, Jefferson County, Texas
and being in the East right-of-way line of Merriman Street and being in the West line of that certain
called 25 acre tract of land as described in a deed from the City of Port Arthur to the City of Port
Neches as recorded in Volume 796, Page 261, Deed Records, Jefferson County, Texas and said
corner bears NORTH 05°43'32" EAST a distance of 3944.96 feet from a I' iron rod found for the
intersection of the East right-of-way line of Merriman Street and the North right-of-way line of
F.M. Highway 366;
Pao.2 of 3
MARK IV. WHl7'ELEYAASSOCIATES,INC
THENCE NORTH 05°43'32" EAST, along and with the East right-of-way line of Merriman
Street, for a distance of 90.00 feet to a "MAG" nail set for the Southwest corner and the POINT
OF BEGINNING of the tract herein described, said corner being the apparent Northwest corner
of that certain called 1.05 acre tract of land being a strip of land 50 feet wide as described in a deed
from the City of Port Arthur to the Texarkana & Ft. Smith Railway Company as recorded in
Volume 171, Page 481, Deed Records, Jefferson County, Texas, the same being that certain tract
of land as described in a deed from Texarkana and Fort Smith Railway Company to The Kansas
City Southern Railway Company as recorded in Volume 544, Page 221, Deed Records, Jefferson
County, Texas;
THENCE NORTH 05°43'32" EAST, continuing along and with the East right-of-way line of
Merriman Street, for a distance of 23.16 feet to a point for corner and from said corner a scribed
A. in concrete set for the apparent Southwest corner of that certain tract of land as described in a
deed from the City of Port Neches to the Port Neches Independent School District as recorded in
Volume 836, Page 276, Deed Records, Jefferson County, Texas bears NORTH 05°43'32" EAST
a distance of 36.84 feet;
THENCE SOUTH 84°04'05" EAST, over and across the said 60 feet wide The Kansas City
Southern Railway Company tract and parallel to the North line of the said 50 feet The Kansas City
Southern Railway Company tract, for a distance of 857.53 feet to a point for corner, said corner
being in the West right-of-way line of Park Street and said corner bears SOUTH 05°52'23" WEST
a distance of 36.84 feet from a "MAG" nail set for the apparent Southeast corner of the said Port
Neches Independent School District as recorded in Volume 836, Page 276, Deed Records,
Jefferson County, Texas;
THENCE SOUTH 05°52'23" WEST, along and with the West right-of-way line of Park Street,
for a distance of 23.16 feet to a "MAG"nail set for corner;
THENCE NORTH 84°04'05" WEST, along and with the boundary between the tract herein
described and the North line of the said 50 feet Kansas City Southern Railway Company tract, for
a distance of 857.47 feet to the POINT OF BEGINNING and containing 0.4558 Acres, more or
less.
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Pace 3 of 3
MARK W. WHITELEY A ASSOCIATES,INC.
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