HomeMy WebLinkAboutPO 6948 CLOSING, VACATING, ABANDONING, AND CONVEYING A PORTION OF PUBLIC RIGHTS-OF-WAY KNOWN AS RAILROAD AVENUE AND FIFTH STREET P.O.NO.6948
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 1.351-ACRE
PORTION OF IMPROVED DEDICATED PUBLIC RIGHTS-OF-WAY,
KNOWN AS RAILROAD AVENUE AND FIFTH 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.
A21-03 (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 1.351-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
City of
Orl
Texus
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 --0
RE: P.O. No. 6948 —Abandonment of portions of the Railroad Avenue and
5th Street rights-of-way
Introduction:
This Agenda Item intends to seek approval from the City Council for P.O. NO. 6948,
abandoning an approximately 1.351-acre portion of the following improved dedicated
public rights-of-way in Port Arthur, Jefferson County, Texas:
• 70' x 720' Railroad Avenue (1.1570-Acre)
• 60' x 140' 5th Street (0.1928-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 Railroad Avenue and 5th 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
P.O.NO.6948
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.6948
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:
COUNCILMEMBERS:
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TMRC, City Secretary
APPROVED AS/TO FORM:
I
Valecia "Va " eno, r i y Attorney
APPROVED FOR ADMINISTRATION:
l
a�nc lc 1-b- Ch
Ronald "Ron" Burton, City Manager Pamela D. Langford, Dir4dtor of
Planning & Development Services
P.O. NO. 6948
03/22/2021 PDL
PAGE 5 OF 14
EXHIBIT "A"
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P.O.NO.6948
03/22/2021 PDL
PAGE 6 OF 14
TBPE Firm No.F-5755
TBPLS Firm No.10123800
LA EF.0005711
ctors Drive
Port Arrtthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
1.351 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF RAILROAD AVENUE &5711 STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY, TEXAS
BEING 1.351 acres of land out of and a part of Railroad Avenue 70' wide right-of-way
and 5th Street 60' wide right-of-way, City of Port Arthur,recorded in Volume 1, Page 50,
Map Records, Jefferson County, Texas; said 1.351 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 a '/2" steel rod found disturbed on the intersection of the Southeast right-
of-way line of said 5th Street and the Southwest right-of-way line of a dedicated road
named Houston Avenue said %2" steel rod being the most Northerly corner of a tract of
land described in a deed to Port of Port Arthur Navigation District, recorded in File No.
2002048135, Official Public Records, Jefferson County, Texas, and being the most
Easterly Northeast corner of the herein described tract, having a Texas Coordinate of N:
13898156.01, E: 3572078.58;
THENCE, South 36 deg., 43 min., 23 sec., West, (Called South 41 deg., 13 min., 00
sec., West) on the Northwest line of said Port of Port Arthur Navigation District tract
same being the Southeast right-of-way line of said 5th Street, a distance of 210.35'
(Called 210.00') to a point for corner on the intersection of the Southeast right-of-way
line of said 5th Street and the Southwest right-of-way line of said Railroad Avenue; said
point for corner be the most Southerly corner of the herein described tract; from which a
%2" steel rod found for the most Westerly corner of said Port of Port Arthur Navigation
District tract,bears South 36 deg., 43 min., 23 sec.,West, a distance of 35.65';
THENCE, North 53 deg., 21 min., 12 sec., West(Called North 48 deg., 47 min., 00 sec.,
West) on the Southwest right-of-way line of said Railroad Avenue same being the
Northeasterly line of a Kansas City Southern Railroad Company right-of-way, recorded
in Volume 544, Page 221, Deed Records, Jefferson County, Texas, a distance of 720.10'
(Called 720.00') to a point for corner on the intersection of the Southwest right-of-way
line of said Railroad Avenue and the Southeast right-of-way line of a dedicated road
named West Reverend Dr. Ransom Howard Avenue, said point for corner being the most
Westerly corner of the herein described tract;
P.O.NO.6948
03/22/2021 PDL
PAGE 7 OF 14
THENCE, North 36 deg., 38 min., 40 sec., East, (Called North 41 deg., 13 min., 00 sec.,
East) on the Southwest right-of-way line of said West Reverend Dr. Ransom Howard
Avenue, a distance of 70.00' to a point for corner on the intersection of the Southeast
right-of-way line of said West Reverend Dr. Ransom Howard Avenue and the Northeast
right-of-way line of said Railroad Avenue; said point for corner being the most Westerly
corner of a tract of land described in a deed to Port of Por Arthur Navigation District,
recorded in File No. 2019036477, Official Public Records, Jefferson County, Texas, from
which an "X" mark found in concrete on the intersection of the Southeast right-of-way
line of said West Reverend Dr. Ransom Howard Avenue and the Southwest right-of-way
line of said Houston Avenue, same being the most Northerly corner of said Port of Port
Arthur Navigation District tract, bears North 36 deg., 38 min., 40 sec., East (Called North
41 deg., 13 min., 00 sec., East),a distance of 139.95' (Called 140.00');
THENCE, South 53 deg., 21 min., 12 sec., East (Called South 48 deg., 47 min., 00 sec.,
East) on the Northeast right-of-way line of said Railroad Avenue, a distance of 659.81'
(Called 660.00') to a point for corner on the intersection of the Northeast line of said
Railroad Avenue and the Northwest right-of-way line of said 5th Street; said point for
corner being the most Southerly corner of a tract of land described in a deed to Port of
Port Arthur Navigation District, recorded in File No. 2020017091, Official Public
Records, Jefferson County, Texas, and being an interior corner of the herein described'
tract;
THENCE, North 36 deg., 43 min., 23 sec., East (Called North 41 deg., 13 min., 00 sec.,
East) on the Northwest right-of-way line of said 5th Street, same being the Southeast line
of said Port of Port Arthur Navigation District tract 2020017091, a distance of 139.93'
(Called 140.00') to an "X" mark found in concrete on the intersection of the Northwest
right-of-way line of said 5th Street and the Southwest right-of-way line of said Houston
Avenue, said "X" mark being the most Easterly corner of said Port of Port Arthur
Navigation District tract, File No. 2020017091 and being the most Northerly Northeast
corner of the herein described tract;
THENCE, South 53 deg., 45 min., 23 sec., East (Called South 48 deg., 47 min., 00 sec.,
East) crossing said 5a' Street, a distance of 60.32' (Called 60.00') to the POINT OF
BEGINNING and containing 1.351 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-B
P.O. NO.6948
03/22/2021 PDL
PAGE 8 OF 14
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P.O.NO.6948
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. 6948
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.6948
03/22/2021 PDL
PAGE 11 OF 14
EXHIBIT "A"
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03/22/2021 PDL
PAGE 12 OF 14
TBPE Firm No.F-5755
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Port Arthur,3737 pTexas�77642
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SURVEYORSENGINEERS Office(409) 983.2004
Fax(409) 983.2005
1.351 ACRES OF LAND
FOR STREET RIGHT-OF-WAY ABANDONMENT
PORTION OF RAILROAD AVENUE & 5T11 STREET
CITY OF PORT ARTHUR
JEFFERSON COUNTY, TEXAS
BEING 1.351 acres of land out of and a part of Railroad Avenue 70' wide right-of-way
and 5tb Street 60' wide right-of-way, City of Port Arthur, recorded in Volume 1, Page 50,
Map Records, Jefferson County, Texas; said 1.351 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 a '/z" steel rod found disturbed on the intersection of the Southeast right-
of-way line of said 5th Street and the Southwest right-of-way line of a dedicated road
named Houston Avenue said 1/2" steel rod being the most Northerly corner of a tract of
land described in a deed to Port of Port Arthur Navigation District, recorded in File No.
2002048135, Official Public Records, Jefferson County, Texas, and being the most
Easterly Northeast corner of the herein described tract, having a Texas Coordinate of N:
13898156.01, E: 3572078.58;
THENCE, South 36 deg., 43 min., 23 sec., West, (Called South 41 deg., 13 min., 00
sec., West) on the Northwest line of said Port of Port Arthur Navigation District tract
same being the Southeast right-of-way line of said 5th Street, a distance of 210.35'
(Called 210.00') to a point for corner on the intersection of the Southeast right-of-way
line of said 5th Street and the Southwest right-of-way line of said Railroad Avenue; said
point for corner be the most Southerly corner of the herein described tract; from which a
''A" steel rod found for the most Westerly corner of said Port of Port Arthur Navigation
District tract, bears South 36 deg., 43 min., 23 sec., West, a distance of 35.65';
THENCE, North 53 deg., 21 min., 12 sec., West (Called North 48 deg., 47 min., 00 sec.,
West) on the Southwest right-of-way line of said Railroad Avenue same being the
Northeasterly line of a Kansas City Southern Railroad Company right-of-way, recorded
in Volume 544, Page 221, Deed Records, Jefferson County, Texas, a distance of 720.10'
(Called 720.00') to a point for corner on the intersection of the Southwest right-of-way
line of said Railroad Avenue and the Southeast right-of-way line of a dedicated road
named West Reverend Dr. Ransom Howard Avenue, said point for corner being the most
Westerly corner of the herein described tract;
P.O. NO. 6948
03/22/2021 PDL
PAGE 13 OF 14
THENCE, North 36 deg., 38 min., 40 sec., East, (Called North 41 deg., 13 min., 00 sec.,
East) on the Southwest right-of-way line of said West Reverend Dr. Ransom Howard
Avenue, a distance of 70.00' to a point for corner on the intersection of the Southeast
right-of-way line of said West Reverend Dr. Ransom Howard Avenue and the Northeast
right-of-way line of said Railroad Avenue; said point for corner being the most Westerly
corner of a tract of land described in a deed to Port of Por Arthur Navigation District,
recorded in File No. 2019036477, Official Public Records, Jefferson County, Texas, from
which an "X" mark found in concrete on the intersection of the Southeast right-of-way
tine of said West Reverend Dr. Ransom Howard Avenue and the Southwest right-of-way
line of said Houston Avenue, same being the most Northerly corner of said Port of Port
Arthur Navigation District tract, bears North 36 deg., 38 min., 40 sec., East (Called North
41 deg., 13 min., 00 sec., East), a distance of 139.95' (Called 140.00');
THENCE, South 53 deg., 21 min., 12 sec., East (Called South 48 deg., 47 min., 00 sec.,
East) on the Northeast right-of-way line of said Railroad Avenue, a distance of 659.81'
(Called 660.00') to a point for corner on the intersection of the Northeast line of said
Railroad Avenue and the Northwest right-of-way line of said 5th Street; said point for
corner being the most Southerly corner of a tract of land described in a deed to Port of
Port Arthur Navigation District, recorded in File No. 2020017091, Official Public
Records, Jefferson County, Texas, and being an interior corner of the herein described'
tract;
THENCE, North 36 deg., 43 min., 23 sec., East (Called North 41 deg., 13 min., 00 sec.,
East) on the Northwest right-of-way line of said 5th Street, same being the Southeast line
of said Port of Port Arthur Navigation District tract 2020017091, a distance of 139.93'
(Called 140.00') to an "X" mark found in concrete on the intersection of the Northwest
right-of-way line of said 5th Street and the Southwest right-of-way line of said Houston
Avenue, said "X" mark being the most Easterly corner of said Port of Port Arthur
Navigation District tract, File No. 2020017091 and being the most Northerly Northeast
corner of the herein described tract;
THENCE, South 53 deg., 45 min., 23 sec., East (Called South 48 deg., 47 min., 00 sec.,
East) crossing said 5t Street, a distance of 60.32' (Called 60.00') to the POINT OF
BEGINNING and containing 1.351 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-B
P.O.NO.6948
03/22/2021 PDL
PAGE 14 OF 14
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