HomeMy WebLinkAboutPO 6947: ABANDONMENT OF PORTIONS OF THE HOUSTON AVENUE AND 4TH STREET RIGHTS-OF-WAY ,..
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www.PortArthurTx.gov
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 alt0'' �( J
RE: P.O. No. 6947 —Abandonment of portions of the Houston Avenue and
4th Street rights-of-way
Introduction:
This Agenda Item intends to seek approval from the City Council for P.O. NO. 6947,
abandoning an approximately 1.425-acre portion of the following improved dedicated
public rights-of-way in Port Arthur, Jefferson County, Texas:
• 100' x 380' portion of Houston Avenue (0.8723-acre)
• 80' x 300' portion of 4th Street (0.5509-acre)
The Port of Port Arthur submitted a request to the City to abandon the referenced
portions of rights-of-way to manage public traffic entering into designated areas
owned/controlled by the Port.
Background:
On November 23, 2020, the applicant, Port of Port Arthur, applied to abandon portions
of the Houston Avenue and 4th Street rights-of-way located in Port Arthur. The rights-
of-way are adjacent to Port-owned and operated Tracts of Land.
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. The Port of Port Arthur has
agreed to simultaneously dedicate utility easements for existing and proposed utilities
and dedicated ingress/egress easements providing legal access to public utilities and
adjoining property owners, if applicable.
On February 1, 2021, the Port Arthur Planning and Zoning Commission held a public
hearing to discuss the proposed abandonment. However, this request did not take
action due to one of three commissioners in attendance recusing themselves potential
conflict of interest or lack of impartiality. The Commission reconvened this matter on
February 15, 2021, where they voted 3:1 to recommend the request's approval.
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.
Soutex Surveyors and Engineers, Port Representatives, ordered an appraisal from
Cooks & Associates, Inc. of Beaumont, Texas. The assessment was completed on
October 21, 2020, and submitted as part of the application packet.
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 rights-of-way is $99,500.00.
Budget Impact:
The Port of Port Arthur, applicant, will provide the City with payment of $99,500.00 to
convey the 1.425-acre portions of the improved dedicated public rights-of-way, known
as Houston Avenue and 4th Street.
Recommendation:
It is recommended that City Council approve P.O. NO. 6947, abandoning an
approximately 1.425-acre portion of the following improved dedicated public rights-of-
way in Port Arthur, Jefferson County, Texas:
• 100' x 380' portion of Houston Avenue (0.8723-acre)
• 80' x 300' portion of 4th Street (0.5509-Acre)
"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. 6947
03/22/2021 PDL
PAGE 1 OF 14
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING,
VACATING, ABANDONING, AND CONVEYING A 1.425-ACRE
PORTION OF IMPROVED DEDICATED PUBLIC RIGHTS-OF-WAY,
KNOWN AS HOUSTON AVENUE AND FOURTH STREET, 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.
A21-02 (PORT OF PORT ARTHUR NAVIGATIONAL DISTRICT)
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 the Port of Port
Arthur Navigational District (the "Requestor") that the City close, vacate, abandon and
convey a 1 .425-acre portion of improved dedicated public rights-of-way, known as
Houston Avenue and Fourth 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 Chapter 94, Article VI, Section 94-383(b)(1) of the
Code of Ordinances, a recommendation for approval was received from the Planning and
Zoning Commission: and
WHEREAS, in accordance with Chapter 94, Article VI, Section 94-383(b)(2) of the
Code of Ordinances, the City Council held a public hearing on March 16, 2021 , at 6:00
P.O. NO. 6947
03/22/2021 PDL
PAGE 2 OF 14
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 94-384 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.6947
03/22/2021 PDL
PAGE 3 OF 14
SECTION 3. That the Property is possessed by the City and shall be conveyed to
the abutting property owner the Port of Port Arthur Navigational District, 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.6947
03/22/2021 PDL
PAGE 4 OF 14
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:
COU NCILMEMBERS:
NOES:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TMRC, City Secretary
APPROVED AS TO FORM:
i
Valecia ".• -- T = •, City Attorney
APPROVED FOR ADMINISTRATION:
---14)(Gy,c SAJA
Ronald "Ron" Burton, City Manager Pamela D. Langford, Director of
Planning & Development Services
P.O. NO.6947
03/22/2021 PDL
PAGE 5 OF 14
EXHIBIT "A"
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P.O. NO. 6947
03/22/2021 PDL
PAGE 6 OF 14
TBPE Firm No. F-5755
,y �r TBPL5 Firm No.10123800
v LA EF.0005711
ouTEx , 7 3737 Doctors Drive
7i Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
1.425 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF HOUSTON AVENUE & 4TH STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 1.425 acres of land out of and a part of Houston Avenue 100' wide right-of-way
and 4th Street 80' wide right-of-way, City of Port Arthur recorded in Volume 1, Page 50,
Map Records, Jefferson County, Texas; said 1.425 acre tract being more fully described
by metes and bounds as follows, to wit;
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central `Lone, US Survey Feet, and are referenced to SmartNet.
North America.
BEGINNING at an "X" mark found in concrete on the intersection of the Northeast
right-of-way line of said Houston Avenue and the Southeast right-of-way line of a
dedicated road named Procter Street; said "X" mark being the most Westerly corner of a
tract of land described in a deed to Port of Port Arthur Navigation District, recorded in
File No. 2020010821, Official Public Records, Jefferson County, Texas and being the
most Westerly Northwest corner of the herein described tract, having a Texas Coordinate
of N: 13897997.47, E: 3572458.74;
THENCE, South 53 deg., 19 min., 26 sec., East, (Called South 48 deg., 47 min., 00 sec.,
East) on the Northeast right-of-way line of said Houston Avenue same being the
Southwest line of said Port of Port Arthur Navigation District tract, a distance of 300.00'
to a point for corner, being on the intersection of the Northeast right-of-way line of said
Houston Avenue and the Northwest right-of-way line of said 4th Street, said point for
corner being the most Southerly corner of said Port of Port Arthur Navigation District
tract and being an interior corner of the herein described tract;
THENCE, North 36 deg., 35 min., 44 sec., East, (Called North 41 deg., 13 min., 00 sec.,
East) on the Northwest right-of-way line of said 4th Street, same being the Southeast line
of said Port of Port Arthur Navigation District tract, a distance of 300.15' (Called
300.00') to a ''/z" steel rod found on the intersection of the Northwest right-of-way line of
said 4th Street and the Southwest right-of-way line of a dedicated road named San
Antonio Avenue; said %2" steel rod being the most Easterly corner of said Port of Port
Arthur Navigation District and most Northerly Northeast corner of the herein described
tract; from which a 3/4 steel rod found on the intersection of the Northeast right-of-way
line of said San Antonio Avenue and the Northwest right-of-way Iine of said 4th Street,
bears North 36 deg., 41 min., 34 sec., East(Called North 41 deg., 13 min., 00 sec., East) a
distance of 69.91' (Called 70.00');
P.O. NO.6947
03/22/2021 PDL
PAGE 7 OF 14
THENCE, South 53 deg., 18 min., 28 sec., East, crossing said 4th Street, a distance of
80.41' (Called 80.00') to point for corner on the Southeast right-of-way line of said 4'h
Street, same being the Northwest line of blocks 147 and 148 of City of Port Arthur; said
point for corner being the most Easterly corner of the herein described tract, from which
a '/2" steel rod, found, bears North 36 deg., 39 min., 15 sec., East (Called North 41 deg.,
13 min., 00 sec., East), a distance of 370.10' (Called 370.00');
THENCE, South 36 deg., 39 min., 15 sec., West (Called South 41 deg., 13 min., 00 sec.,
West) on the Southeast right-of-way line of said 4`h Street, same being the Northwest line
of said block 147 and 148, a distance of 300.10' (Called 300.00') to a `''A" steel rod found
on the intersection of the Southeast right-of-way line of said 4'h Street and the Northeast
right-of-way line of said Houston Avenue; said '/2" steel rod being an angle point on the
Southeast line of the herein described tract;
THENCE, South 36 deg., 41 min., 20 sec., West (Called South 41 deg., 13 min., 00 sec.,
West) crossing said Houston Avenue, a distance of 100.07' (Called 100.00') to a '/s" steel
rod, capped and marked "SOLTEX", found on the Southwest right-of-way line of said
Houston Avenue; said '/2" steel rod being the most Southerly corner of the herein
described tract;
THENCE, North 53 deg., 19 min., 15 sec., West(Called North 48 deg., 47 min., 00 sec.,
West) on the Southwest right-of-way line of said Houston Avenue, a distance of 380.03'
(Called 380.00') to a point for corner on the Northeast line of a tract of land described in
a deed to Port of Port Arthur Navigation District, recorded in File No. 2020005998,
Official Public Records, Jefferson County, Texas, said point for corner being the most
Westerly corner of the herein described tract, from which a ''/2" steel rod, capped and
marked "SOUTEX", found for the Northwest corner of a tract land described in a deed to
Port of Port Arthur Navigation District, recorded in File No. 2019012768, Official Public
Records, Jefferson County, Texas; bears North 53 deg., 19 min., 15 sec., West (Called
North 48 deg., 47 min., 00 sec., West)a distance of 221.35';
THENCE, North 36 deg., 38 min., 44 sec., East, crossing said Houston Avenue, a
distance of 100.02' (Called 100.00') to the POINT OF BEGINNING and containing
1.425 acres of land more or less.
This description is based on the Land Survey made under the direct supervision of
Anthony M. Leger , Registered Professional Land Surveyor No. 5481 on September 8,
2020.
Port of Port Arthur Navigation District
LS-20-0729-A
P.O. NO.6947
03122/2021 PDL
PAGE 8 OF 14
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03/22/2021 PDL
PAGE 9 OF 14
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 Port of Port Arthur Navigational District
whose mailing address is P.O. Box 1428, Port Arthur, Texas 77641-1428 ("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.6947
03/22/2021 PDL
PAGE 10 OF 14
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.6947
03/22/2021 PDL
PAGE 11 OF 14
EXHIBIT "A"
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P.O. NO. 6947
03/22/2021 PDL
PAGE 12 OF 14
TBPE Firm No.F-5755
*11;41r 4, TBPLS Firm No.10123800
LA EF.0005711
3737 Doctors Drive
OUTE
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
1.425 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF HOUSTON AVENUE & 4TH STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 1.425 acres of land out of and a part of Houston Avenue 100' wide right-of-way
and 4th Street 80' wide right-of-way, City of Port Arthur recorded in Volume 1, Page 50,
Map Records, Jefferson County, Texas; said 1.425 acre tract being more fully described
by metes and bounds as follows, to wit;
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet.
North America.
BEGINNING at an "X" mark found in concrete on the intersection of the Northeast
right-of-way line of said Houston Avenue and the Southeast right-of-way line of a
dedicated road named Procter Street; said "X" mark being the most Westerly corner of a
tract of land described in a deed to Port of Port Arthur Navigation District, recorded in
File No. 2020010821, Official Public Records, Jefferson County, Texas and being the
most Westerly Northwest corner of the herein described tract, having a Texas Coordinate
of N: 13897997.47, E: 3572458.74;
THENCE, South 53 deg., 19 min., 26 sec., East, (Called South 48 deg., 47 min., 00 sec.,
East) on the Northeast right-of-way line of said Houston Avenue same being the
Southwest line of said Port of Port Arthur Navigation District tract, a distance of 300.00'
to a point for corner, being on the intersection of the Northeast right-of-way line of said
Houston Avenue and the Northwest right-of-way line of said 4th Street, said point for
corner being the most Southerly corner of said Port of Port Arthur Navigation District
tract and being an interior corner of the herein described tract;
THENCE, North 36 deg., 35 min., 44 sec., East, (Called North 41 deg., 13 min., 00 sec.,
East) on the Northwest right-of-way line of said 4th Street, same being the Southeast line
of said Port of Port Arthur Navigation District tract, a distance of 300.15' (Called
300.00') to a '/" steel rod found on the intersection of the Northwest right-of-way line of
said 4th Street and the Southwest right-of-way line of a dedicated road named San
Antonio Avenue; said %" steel rod being the most Easterly corner of said Port of' Port
Arthur Navigation District and most Northerly Northeast corner of the herein described
tract; from which a 3/4 steel rod found on the intersection of the Northeast right-of-way
line of said San Antonio Avenue and the Northwest right-of-way line of said 4th Street,
bears North 36 deg., 41 min., 34 sec., East(Called North 41 deg., 13 min., 00 sec., East) a
distance of 69.91' (Called 70.00');
P.O.NO.6947
03/22/2021 PDL
PAGE 13 OF 14
THENCE, South 53 deg., 18 min., 28 sec., East, crossing said 4th Street, a distance of
80.41' (Called 80.00') to point for corner on the Southeast right-of-way line of said 4th
Street, same being the Northwest line of blocks 147 and 148 of City of Port Arthur; said
point for corner being the most Easterly corner of the herein described tract, from which
a '/2" steel rod, found, bears North 36 deg., 39 min., 15 sec., East (Called North 41 deg.,
13 min., 00 sec., East), a distance of 370.10' (Called 370.00');
THENCE, South 36 deg., 39 min., 15 sec., West Called South 41 deg., 13 min., 00 sec.,
West) on the Southeast right-of-way line of said 4th Street,same being the Northwest line
of said block 147 and 148, a distance of 300.10' (Called 300.00')to a '/z" steel rod found
on the intersection of the Southeast right-of-way line of said 4'h Street and the Northeast
right-of-way line of said Houston Avenue; said '/2" steel rod being an angle point on the
Southeast line of the herein described tract;
THENCE, South 36 deg., 41 min., 20 sec., West(Called South 41 deg., 13 min., 00 sec.,
West) crossing said Houston Avenue,a distance of 100.07' (Called 100.00')to a 1/2"steel
rod, capped and marked "SOUTEX", found on the Southwest right-of-way line of said
Houston Avenue; said '/2" steel rod being the most Southerly corner of the herein
described tract;
THENCE, North 53 deg., 19 min., 15 sec.,West(Called North 48 deg., 47 min., 00 sec.,
West) on the Southwest right-of-way line of said Houston Avenue, a distance of 380.03'
(Called 380.00') to a point for corner on the Northeast line of a tract of land described in
a deed to Port of Port Arthur Navigation District, recorded in File No. 2020005998,
Official Public Records, Jefferson County, Texas, said point for corner being the most
Westerly corner of the herein described tract, from which a 1/2" steel rod, capped and
marked "SOUTEX", found for the Northwest corner of a tract land described in a deed to
Port of Port Arthur Navigation District, recorded in File No. 2019012768, Official Public
Records, Jefferson County, Texas; bears North 53 deg., 19 min., 15 sec., West (Called
North 48 deg.,47 min., 00 sec.,West)a distance of 221.35';
THENCE, North 36 deg., 38 min., 44 sec., East, crossing said Houston Avenue, a
distance of 100.02' (Called 100.00') to the POINT OF BEGINNING and containing
1.425 acres of land more or less.
This description is based on the Land Survey made under the direct supervision of
Anthony M. Leger , Registered Professional Land Surveyor No. 5481 on September 8,
2020.
Port of Port Arthur Navigation District
LS-20-0729-A
P.O.NO.6947
03/22/2021 PDL
PAGE 14 OF 14
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