HomeMy WebLinkAboutPO 5978: ACCEPT PROPERTY DEED & DEDICATE ROW FOR ANCHOR DRIVEPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO Stephen B. Fitzgibbons, City Manager
FROM Ross E. Blackketter, P.E., Director of Public Works
SUBJECT P.O. #5978 -Accept Property Deed and Dedicate ROW for Anchor Dr.
DATE 05 February 2009
RECOMMENDATION:
I recommend that the City Council approve Proposed.Ordinance No. 5978, accepting a
deed for street right-of-way for Anchor Drive and dedicating said right-of-way for public
use.
BACKGROUND:
In Resolution 08-247, the City Council accepted the public infrastructure for the extension
of Anchor Driye southward from Jimmy Johnson Boulevard. The property owner, Redwine
Family Partners, has since deeded the property comprising the 60 feet wide right-of-way to
the City for this street.
BUDGETARY/FISCAL EFFECT:
None.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
' I recommend that the City Council approve Proposed Ordinance No. 5478, accepting a
deed for street right-of-way for Anchor Drive and dedicating said right-of-way for public.
use.
Ross E.-Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\CAMS\ACCept Anchor Dr ROW.doc _
P.O. 5978
2/03/09
RB/pb
ORDINANCE NO.
AN ORDINANCE ACCEPTING THE DEED FORA 60 FOOT WIDE STREET
RIGHT-OF-WAY OUT OF AND A PART OF LOTS 1 AND 2, BLOCK 12, RANGE "J"
AND LOTS 7 AND 8, BLOCK 11 RANGE °J°, ,PORT ARTHUR LAND COMPANY
SUBDIVISION IN PORT ARTHUR, TEXAS FROM REDWINE FAMILY PARTNERS,
LTD. AND DEDICATING THE 60 FOOT WIDE. STREET RIGHT-OF-WAY FOR
ANCHOR DRIVE EXTENSION FROM ]IMMY JOHNSON BLVD. SOUTHERLY FOR
A DISTANCE OF 500 FEET, MORE OR LESS.
BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City of Port Arthur, a municipal corporation incorporated under and by virtue
of the Constitution and laws of Texas and domiciled in Jefferson County, Texas hereby
accept the Deed fora 60 foot wide street right-of-way-from Redwine Family.Partners,
LTD., a copy of which is attached hereto and. made a part hereof as 6chibit "A"; and,
THAT, the City Council of the City of Port Arthur hereby dedicates said 60 foot wide
tract for public use and designates it as a portion of the right-of-way for Anchor Drive;
and,
THAT, The City of Port.Arthur shall hereafter maintain said. tract of land as a public
street right-of-way; and,
THAT, a copy of this ordinance shall be recorded in the office of the County Clerk of
Jefferson County; and,
' THAT, this being an Ordinance not requiring publication the same shall take effect and
be in force immediately from and after its passage; and,
ti
THAT, if any portion of this Ordinance shall, for any reason, be declared invalid by a
court of competent jurisdiction, such invalidity shall not affect the remaihing provisions
hereof.
THAT, a copy of the caption of this Ordinance be spread upon the Minutes of the City
Council. READ, ADOPTED AND APPROVED this day of ,February, A.D.,
2009 at a Regular Meeting of the City Council of Port Arthur, Texas by the following
vote:
AYES: Mayor
Council
members:
Noes:
ATTEST:
Mayor
Acting City Secretary
II - - AP-P--ROVED AS TO-FORM:- - - - - - - - - - - - - - - - - _ .
~2~,,t ~
City Attorney .
f
APPROVED FOR ADMINISTRATION:
City Manager
Ross Blackketter '
Director of Public Works
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ scats 2009002459
EXHIBIT °A"
TO PO 597$
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.
RIGHT-OF-WAY DEED
THE STATE OF TEXAS
' KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON
That REDWINE FAMILY PARTNERS, ,LTD., a Texas limited paztnership (hereinafrer
called "Grantor(s)") for the consideration of One and No/100 ($1.00) Dollazs in hand paid by the
City of Port Arthur, Texas, the receipt whereof is hereby Acknowledged, and for the
consideration of the benefits accruing to us and to the public, do hereby give, grant, bargain, sell,.
and convey unto the said City of Port Arthur, a Municipal Corporation of Jefferson County,
Texas, its successors and assigns, aright-of--way hereinafrer described, over and across the lands
of the undersigned for a Street. Said right-of--way is situated in the City of Port Arthur, Jefferson
County, Texas, to wit:
BEING- 0.7179 acre of land out of and a part of Lots 1 and 2, Block 12, Range
"J" and Lots 7 and 8, Block 11, Range "J", Port Arthur Land Company
Subdivision, City of Port Arthur; being part of a tract of land Conveyed to
Redwine Family Partners, Ltd., described in a Deed of Trust,. recorded in File No.
2003021484, Official Public Records, Jefferson County, Texas; and part of a
(Called 39.1709) acre tract of land conveyed:to D. J. & Son Enterprises, Inc.
recorded in File No. 9837316, Official Public Records, Jefferson County, Texas;
said 0.7179 acre tract being more fully described by metes and- bounds with a
drawing attached hereto and made a part hereof, marked Exhibit "A".
TO HAVE ANB TO HOLD the above described premises, together with. aL' and
singulaz the rights and appurtenances thereto in anywise belonging, Tinto the said City of Port
Arthur, its successors and assigns, forever; 'and, the said. GRANTOR(S) do hereby bind
themselves, their heirs, successors, and assigns to warrant and forever defend all and. singulaz the
said premises unto the said City of Port Arthur, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same, or any part thereof, except as to recorded
reservations.
For and in consideration of the benefits accruing to their property, Grantor(s) hereby
release the City of Port Arthur from all consequential damages, present or prospective, to their
property, arising out of the construction, maintenance, or repair of said street; that said street is a
benefit to their property is hereby admitted and acknowledged.
1
WITNESS (MY) (OUR) HAND(S) this the ~ 2 day of _ lJ~ 2008.
REDWINE FAMILY PARTNERS, LTD.,
a Texas limited partnership
By: Redwine Enterprises-I, L.L.C.,
a Texas limited liability company;
its General Partner
By~ ! Z-~
Pat Redwine, President
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Before me, the undersigned authority, a Notary Public, in and for Jefferson County,
Texas,. on this day personally appeared Pat Redwine, President of Redwine Enterprises-I, L.L.C.,
a Texas limited liability company, general partner to Redwine Family Partners, Ltd., a Texas
limited partnership, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
lEN UNDER MY HAND AND SEAL OF OFFICE, this _ r~ day of
2008.
MONKIUE K. HOppryg
Plotary P~01ic Stets d Texas (/y'~~~~ /~.~ ~ ,~
My Comm- E~hgs.0331~OB - I ' t C~ /~.~,Qti.~.l 7 l ~ ( ~(~
' NOTARY P~ TE OF "'Prr'EXAS
After Recording Return To:
City of Port Arthur
Attn: C ; '1~t A 11-0¢ N u~
.o. g Io8
t l~r~-I.~,~~ ~ X7651- 10$~
2
~XIil01T "A"
sry(:~T 1 aF 3
U.7.179 ACRIE OF LAND
OuT OF
I1T.OCTCS 11 AND 12, RANGT; ",T",
PORT' ARTFTUR LAND COMPANY SU[3pTVSfQN,
CTTY OF PORT.ARTNUR,
,IIsFFf'RSON COUNTY, TEXAS
AFTNG 0,7179 acre of land out of and a part of Gots 1 and 2, 131nck l2, Range "J" and
lots 7 and 8, 131ock 1 L Rattge "J", Pore Arthur Land Company Suhdivision, City of Port
Arthur, recorded in Vulumc 1, Page 22, Map Records, Jefferson Gaunry, Texas; being
part of a tract of land conveyed to Redwine Family Partners, ltd., described in q ilced of
Trust, recorded in -File No, 2003021484, Official Public Records; "Jefferson County,
Texas; and pan of a (CEtllcd 39,1704}. acre tract of land conveyed to P..f. & Son
Enterprises, l.nc., recorded In File No, 9837316, Uflicial Public .Retards, .lefferson
County, Texas; said 0,7179 acre tract being more fully doscribed by metes and bounds as
follows, to wit: ,
COMMT:NCINC at a point being the Narthegslcrly corner of a tract of Ignd conveyed to
2 M.V,p„ Inc„ Studio b, recorded in File No. 2000036874, Official Public Records,
Jefferson Caunty, Tcxgs; said point also being the Northwesterly corner of a (C:alled
60.191) acre tract knawn qs TracC Jl conveyed to the Ci[y of Port Arthur, recorded in
Volume 1763, Page 154, Qeed Records, Jefferson County, Texas; glsa being an the
Southeasterly right of way line of a dedicAted road named Jimmy Johnson I3aulevgrd;
TIIFNCIs, an the Southeasterly right of way line of said ..Timmy Johnson anulcvard,
same being the Northerly line of said 2 M,V.p„ Inc., Studio 6 tract, on the arc of a curve
to the left having a radius of 1460,00', a called arc length of 33,16', a called chard
bearing of South 41 deg., 58 min., 19 sec., West, a called chard distance of 33.16' to a
paint;
TFT1rNCE, (Called South.. 41 deg., 21 min„ 2S sec.,. West), continuing an the
Southeasterly right of way line of said-Jimmy Johnson Boulevard, same being the
Northerly line of said 2 M.V,p„ Inc., Studio 6 tract, a distanec of 222,07' to a point for
comer far the PAINT OF A>:GTNNTNG and Northeasterly corner of the herein
dC3CiIbCd trACt;
TTI.rNCr, South 33 deg., OS min„ 34 sec., East, a distance of 70.90' to a point for
comer;
THFNCT>;, an the arc of q eurvc to the left having a radius of 150,00', an arc length n f
40,77', a chord bearing of South 40 deg„ 52 min., 42 sec,,.F.gs[, a chord distance of
40,64' to q point for carver;
1'T~TFNCt:, nn the arc of a curve to the right figving a radius of 355.50', qn arc length of
183,26', a chord bearing of South 32 deg„ S4 min., 41 sec., East, a chord distance of
181.24' to a point.far corner;
TT~Ii:NCF, South' IS deg,; 37 min., 31 sec., East, a distance of 24,87' to a point far
comer;
~xNl61T ^A"
sH~t:T z of a
THTNCT, nn the arc of a curve to the left having a radius of 295.00', an arc Icngth of
IS9,96', a chord bcaring of .South 33 deg., 40 min., 21 sac., F.aei, n chard distnnce of
158.01' to A point for corner;
THFNC~, South 48 deg„ 43 min„ 11 sec., Gast, A distnnce of 26.15' to A point for
comcr;
THTNC~, South 41 deg., 14.min., 43 scc, West, a distnnce of 60,00' to n point fnr
corner;
Tf-TrNC.T, North 48 dcg., 43 min., 11 sec., West, u dislnnec of 25.94' to a point For
comcr;
THisNCF, nn the arc oFq curve to the right having a radius of 355.00', an arc Icngth of
162.62', a chord hearing of North 31 deg., 18 min., 17 sec., West, a chord distnnce of
161,21' to a point for corner;
T.HrNC~, North 18 deg., 3T min., 31 sac., West, a disWncc of 24,90"fo a point for
corner;
T1I1rNCE, on the tu•e of a curve to the Ie1~ having a radius oF295.00', an arc length of
160.03', n chord bcaring of North 33 deg., 37 min., 31 sec„ West, a chord distance al' ,
158.07' to a point fnr comer;
TH~NCG, North 48 deg„ 37 min., 31 ace„ West, a distance of 100.16' to a point for
comer on the Southeasterly right of way line of said Jimmy ,iahi~snn Soulcvard, same
bcing the Northerly line of said Redwine Family 1'Artncrs, T.Cd. trACR snid point fnr corner
being the Northwesterly corner of the herein described tract;
THENCE, Noi4h 41 dcg„ 23 min., 59 sec„ Gast, on the SoutheASterly right of way line of
said Timmy Johnson Boulevard, a distgncc of 84.46' to the POIIY'l' AF Af~GINNING
contAining 0.7179 acre of land, more or less.
Note; Reference Linn baseQ on the Northeasterly line of the A.J. & Son Enterprises, loc.
(CAI led 39,1709) acre tract. South 48 dcg„ 41 min., 49 sec., East
Thie description is based nn previous surveys made by S~utcx Surveyors, loc. And does
oat represent a current field survey.
Anthony M. i.eger, Registered Arofessional Land Su
March 24, 2008
City of f ort Arthur
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