HomeMy WebLinkAboutPO 6946: BANDONMENT OF A PORTION OF SOUTH 10TH AVENUE RIGHT-OF-WAY _ ..__.. .
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INTEROFFICE MEMORANDUM
Date: March 22, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Director of Planning & Development Services `-J Y,/.a
RE: P.O. No. 6946 —Abandonment of a portion of South 10th Avenue right-
of-way
Introduction:
This Agenda Item intends to seek approval from the City Council to abandon an
approximately 0.2754-acre portion of an undeveloped dedicated public right-of-way,
known as South 10th Avenue, Sabine Pass, Jefferson County, Texas.
The purpose of the abandonment request is to resolve a cloud currently on the title due
to a residential structure being built on/across the right-of-way. The applicant wishes to
sell the property; however, he must legally abandon the portion of right-of-way to make
part of the residential lot.
Background:
On October 8, 2020, the applicant, Henry J. Semour, applied to abandon a portion of
the South 10th Avenue right-of-way located in Sabine Pass. The right-of-way is part of
the property at 5440 Mechanic Street. It is suggested that the highest and best use of
the right-of-way is for it to be added to the adjacent property, which includes part of Lot
1 and part of an unnumbered Lot, Block 10, Range "I". Together with the right-of-way,
these combined areas measure 0.4591-acre (100' width x 200' depth) and are carried
on the tax records as one piece known as 5440 Mechanic Street. The right-of-way by
itself is approximately 60' width x 200' depth (12,000 SF).
All utility entities were notified (Entergy, Texas Gas, D.D. #7, Spectrum Cable,
AT&T/Southwestern Bell, COPA Public Works, and Utilities) about the proposed
abandonment, and no objections have been received. However, the City's Public
Works Department has requested that the property be graded to allow stormwater to
drain towards Mechanic Street with any future development.
On February 1, 2021, the Port Arthur Planning and Zoning Commission held a public
hearing to discuss the proposed abandonment. In a vote of 3:0, the Commission
recommended that the request be approved to allow the applicant to proceed with the
real property sale.
In accordance with Chapter 94, Article VI, Section 94.383(b)(2) of the Port Arthur Code
of Ordinances, public notices were mailed to each property owner within 200 feet and
published in the City's official newspaper, the Port Arthur News, on January 16, 2021.
Property owners were provided with various methods to respond to the request, such
as mail, fax, email, the toll-free number, meeting id, and participant id, to attend the
public hearing.
On December 11, 2020, an appraisal was ordered from D.M. Appraisal Services of
Southeast Texas, LLC and received on February 19, 2021.
As a result of the investigation and analysis and by the opinion of a licensed and
qualified real estate appraiser, a fair and reasonable consideration for the proposed
acquisition of said right-of-way is $11,000.
Budget Impact:
Henry J. Semour, applicant, will provide the City with payment of$11,000.00 to convey
the 0.2754-acre portion of the undeveloped dedicated public right-of-way, known as
South 10th Avenue.
Recommendation:
It is recommended that City Council approve the abandonment of an approximately
0.2754-acre portion of an undeveloped dedicated public right-of-way, known as South
10th Avenue, Sabine Pass, Jefferson County, Texas.
"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. 6946
03/22/2021 PDL
PAGE 2 OF 10
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 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
Chapter 94, Article VI, Section 94-383 of the 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
delineate in Chapter 94, Article VI, Section 94-383 of the 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
Chapter 94, Article VI, 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.6946
03/22/2021 PDL
PAGE 3 OF 10
SECTION 3. That the Property is possessed by the City and shall be conveyed to
the abutting property owner Henry J. Semour, 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.
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
Local Government Code, Chapter 26, the provisions of state law will govern in the event
of a conflict.
P.O.NO.6946
03/22/2021 PDL
PAGE 4 OF 10
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 March, A.D., 2021 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, TMRC, City Secretary
APPROVED AS TO FORM:
1
alecia "Va ' ize *, i Atto• ey
APPROVED FOR ADMINISTRATION:
Qm.c 1 ( lc
Ronald "Ron" Burton, City Manager Pamela D. Langford, Diret-or of
Planning & Development Services
P.O. NO.6946
03/22/2021 PDL
PAGE 5 OF 10
EXHIBIT "A"
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PART OF LOT I & a€ - 1e 0' +•.
ADJOINING UNNUMBERED LOT 1 I `) ocer S
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SOUTH 10TH AVENUE Ig }
SAHINE PASS I 7$ ,�
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d.r.rbd lens and 1,gamut.at.U.l Urn .re ea rwr9et..alsut.9e,la et...heaad.ry
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'Ow .bine tract bell/ located at 1.40 litCRAw{SIAM SA INE PAU, TkA5 7701
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LO 1.y_PAaf(Y Coo o '..001,1 1QP_LettMJ,E. IPIr_PASS_.
ea recorded to Volume?. Pace.• of 111• VAp M.card. .1 1 TEPSON County, les.. Iv .rrord.nac .1t7 Ulf
Iliad lw.u.r.• bat. Map at the Federal Em•P1•ne7 Y.naternent Agency, ramp ref•ranee .aeA IM ..bleat tract 1..• la the 110.4
zone hated Neca:wm ea may w d.t.rmtned Op mate Actual held .Ireal..e not d.1arn/ned_ ante.. requested SOVTTR SURVEYOUS. Lac
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P.O.NO.6946
03/22/2021 PDL
PAGE 6 OF 10
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P.O. NO.6946
03122/2021 PDL
PAGE 7 OF 10
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 Henry J. Semour whose mailing address is P.O.
Box 196, Sabine Pass, Texas 77655 ("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. 6946
03/22!2021 PDL
PAGE 8 OF 10
EXECUTED AND DELIVERED the day of
2021 .
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
, 2021.
Notary Public in and for the State of Texas
P.O. NO.6946
03/22/2021 PDL
PAGE 9 OF 10
EXHIBIT "A"
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P.O.NO.6946
03/2212021 PDL
PAGE 10 OF 10
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