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Home My WebLink AboutPO 6005: ACCEPT PROPERTY DEED & DEDICATED ROW - ANCHOR DRIVEPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO Stephen B. Fitrgibbons, City Manager FROM Ross E. Blackketter, P.E., Director of Public Works SUBJECT P.O. #6005 -Accept Property Deed and Dedicate ROW for Anchor Dr. DATE 28 April 2009 RECOMMENDATION: I recommend that the City Council approve Proposed Ordinance No. 6005, accepting a deed for street right-of-way for Anchor Drive and dedicating said right-of-way for public use. BACKGROUND: In Proposed Resolution 15228 on this agenda, we recommend the City Council accept the public infrastructure for the extension of Anchor Drive southward to Lake Arthur Drive. The property owner, Redwine Family Partners, has also 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. 6005, 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 ROW2.doc P.O. 6005 4/28/09 RB/pb ORDINANCE NO. AN ORDINANCE ACCEPTING THE DEED FORA 60 FOOT WIDE STREET RIGHT-OF-WAY OUT OF AND A PART OF LOTS 2 AND7, BLOCK 11, RANGE "7", 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, FOR A DISTANCE OF 1360.19 FEET. BE IT 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 Exhibit "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, 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 remaining 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 May, A.D., 2009 at a Regular Meeting of the City Council of Port Arthur, Texas by the following vote: AYES: Mayor Council membe Noes: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Step en B. Fitrgibbons City Manager Ross E. Blackketter, P.E. Director of Public Works EXHIBIT "A" RIGHT-OF-WAY" DEED THE STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: That REDWINE FAMILY PARTNERS, LTD., a Texas limited partnership (hereinafter 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 eive, 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 hereinafter 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 1.873 acres of land out of and a part of Lots 2 & 7, Block 11, Range "J", Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume 1, Page 22, Map Records, Jefferson County, Texas; being part of a (Called 38.25) acre tract of land conveyed to Redwine Family Partners, LTD., recorded in File No. 2003021484, Official Public Records, Jefferson County, Texas; said 1.873 acre tract being more fully described by metes and bounds with a drawing attached hereto and made a part hereof, marked Exh;l_it "A". TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto 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 singular 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. WITNESS (NIY) (OUR) HAND(S) this c~3.~~ day of -_'~u.e , 200. THE STATE OF TEXAS COUNTY OF JEFFERSON REDWINE FAD~IILY PARTNERS, LTD., A Texas limited partnership By: Redwine Enterprises-I, L.L.C. a Texas limited liability company; its General Partner Pat Redwine, President 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 [he purposes and consideration therein expressed. GIVEN TINDER MY HAND AND SEAL OF OFFICE, this c;y~iG( day of -S~~ "`~ > 200 ~ ~ ~ Notary public, State of Texas i ;., res My Commission Exp °~%rit•` June 22, 2009 Lr7l//Z.CZ~ /.LC ~G..~ NOTARY PUBLIC, STATE OF TEXAS After Recording Return To: City of Port Arthur Attn: City Attorney P.O. Box 1089 Port Arthur, Texas 77641-1089 1.873 ACRES OF LAND OUT OF BLOCK 11, RANGE "J" PORT ARTHUR LAND CORIPANY SUBDIVISION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS BEING 1.873 acres of land out of and a part of Lots 2 & 7, Block 11, Range "J", Port Arthur Land Company Subdivision, City of Port Arthur, recorded in Volume 1, Page 22, Map Records, Jefferson County; Texas; being part of a (Called 38.25) acre tract of land conveyed to Redwine Family Partners, LTD., recorded in File No. 2003021484, Official Public Records, Jefferson County, Texas; said 1.873 acre tract being more fully described by metes and bounds as follows, to wit: COMMENCING at a `/~" steel rod found on the intersection of the Easterly right of way line of a dedicated road named US Hwy. 69, 96, 287 (a.k.a. Memorial Boulevard) and the Northerly right of way line of a dedicated road named Lake Arthur Drive, recorded in Film Code 100-29-2110, Official Public Records. Jefferson County, Texas; said %" steel rod being the most Southwesterly comer of the (Called 38.2>) acre tract; THENCE, North 86 deg., 45 min., 17 sec., East, on the Northerly right of way line of said Lake Arthur Drive, same being the Southerly line of the (Called 38.20 acre tract, a distance of 14.28' to a''/z" steel rod found; THENCE, North 41 deg., 22 min., 14 sec., East, continuing on the Northerly right of way line of said Lake Arthur Drive, same being the Southerly line of the (Called 38.20 acre tract, a distance of 368.86' to a point for comer being the POINT OF BEGINNING and Southwest comer of the herein described tract; THENCE, North 48 deg., 43 min., 11 sec., West, a distance of 1360.06' to a point for comer being the Northwest comer of the herein described tract; THENCE, North 41 deg., 14 min., 43 sec., East, a distance of 60.00' to a point for comer being on the West line of a (Called 1.5000) acre tract of land conveyed to NAFS, recorded in File No. 2008008200, Official Public Records, Jefferson County, Texas; said point for comer being the Northeast corner of the herein described tract; THENCE, South 48 deg., 43 min., 11 sec., East, a distance of 1360.19' to a point for comer on the Northerly right of way line of said Lake Arthur Drive; said point for comer being the Southwest comer of a (Called 21.21) acre tract of land conveyed to Stone Creek Apartments, LTD., recorded in File No. 2008027479, Official Public Records, Jefferson County, Texas; and being the Southeast corner of the herein described tract; THENCE, South 41 deg., 22 min., 14., West, on the North right of way line of said Lake Arthur Drive, a distance of 60.00' to the POINT OF BEGINNING containing 1.873 acres of land, more or less. Note: Reference Line based on the Northeasterly line of the (Called 38.20 acre tract. South 48 deg., 41 min., 33 sec., East This description is based on prior surveys made by Soutex Surveyors, Inc. and does not represent a current field survey. Anthony M. Leger, Registered Professional Land Surveyor No. 5481. August 6, 2008. City of Port Arthur LS-07-1132-AD w~ ~TL'f,~ .,.. ~.~-. ~" .. 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