HomeMy WebLinkAboutPO 6006: DISANNEXATION OF PROPERTY - HWY. 347 & HWY. 87Interoffice MEMORANDUM To; Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ~.,i( ~'~~ Date: May 9, 2009 Subject: P. 0. No. 6006; Council Meeting May 19, 2009 P. 0. No. 6006 pertains to the disannexation of approximately 10.185 acres of land. There are still areas in the corporate limits along Highway 347 and Highway 87 as delineated in the attached memo of Louise Wismer which will remain in the ETJ. The maps as to the areas being referred to by Ms. Wismer can be presented at the Council Meeting if the City Council wishes to review them. Copy to: James Black, Attorney at Law D.E. Sosa, City of Groves Director of Public Works Assistant City Manager Comeaux Louise Wismer Attachment documents) Memo of Louise Wismer (without the maps and z.p06006.memo MEMORANDUM CITY OF PORT ARTHUR ENGINEERING TO: FROM: SUBJECT DATE: Mark Sokolow, City Attorney Louise Wilmer, Right-of--way Specialist ~~~~~~~ ~1PR 1 5 2009 ~~GAL DEP~AT~,tENT Gaps in Corporate Limits along Hwy. 347 and Hwy. 87 April 1 ~, 2009 Between Hogaboom Road and 32"d Street there exists a gap between the cities of Port Arthur and Groves. The City of Groves, by Ordinance 304, disannexed all of Highway 347 from their boundaries except the East twenty feet (E 20') between 32"a street and 34th Street. A copy of that Ordinance is attached. The City of Port Arthur boundaries are located in some instances thirty feet (30') from the Range line (near the center) and in some instances along the West right- of-way line of the Highway prior to the widening of Highway 347, leaving a gap between the two cities. A drawing is attached to show the current status. You will also note as shown on the enclosed drawing that the City of Port Arthur limits are along the center line, the City of Port Neches is along the North line of Hogaboom Road, leaving a gap here. The same situation exists along Highway 87 from the Lakeview area to Taft Ave. The City of Groves, by Ordinance 304, disannexed all of Highway 87 along their southerly boundry. The City of Port Arthur's boundary line follows the Old South right-of--way line of this Highway. Since the widening of the Highway there are some lanes in this city and some are not included. (A drawing Marked "AA) depicts this situation. The property located between the North line of Highway 87 and the Fina Tract has never been included in the Corporate Limits. P. O. No. 6006 05/01/09 is ORDINANCE NO. AN ORDINANCE DISANNEXING APPROXIMATELY 10.185 ACRES AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE OF BOUNDARIES AGREEMENT WHEREAS, per Resolution No. 09-061, approved on February 24, 2009, and Resolution No. 09-091, approved on March 10, 2009, public hearings were held on April 7, 2009 and April 14, 2009, at the request of the City of Groves, for the disannexation of approximately 10.185 acres of undeveloped land, as denoted in Exhibit "A"; and WHEREAS, the City Council held these public hearings on these dates; and WHEREAS, a proposed Change of Boundaries Agreement with the City of Groves is attached, in substantially the same form as Exhibit "B", hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the approximately 10.185 acres of land, as described in Exhibit "A" is herein disannexed, effective May 19, 2009. Section 3. That the City Manager is herein authorized to execute the Change of Boundaries Agreement, in substantially the same form as attached hereto as Exhibit "B" z.po6006 Section 4. That the City Attorney shall notify the Justice Department thereof. Section 5. That an appropriate representative of the City of Groves shall sign this Ordinance agreeing to the terms hereof. Section 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: MA ATTEST: CITY SECRETARY APPRO}V--END AS TOAFOpRM: / u~ ~"~.~' CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po6006 AGREED TO: CITY OF GROVES BY: z.po6006 EXHIBIT "R" ARCENEAUX 8< GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR TAE PROPOSED DE-ANNEXATION OF THE LIMITS OF THE CITY OF PORT ARTHUR OUT OF THE HINARD SUBDIVISION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 10.185 acre tract or pazcel of land delineating the limits of the City of Port Arthur, Texas, being all of Lots L and 2 and a portion of Lots 3, 4, 5, 6, 7 and 8 of the Kinard Subdivision, as recorded in Volume 3, Page 184 of the Map or Plat Records, County Clerk's Office, Jefferson County, Texas, also being a portion of the 4.31 acre Residue of the Groves Church of Christ 13.16 acie tract of land as recorded in Volume 1431, Page 607 of the Deed Records of said County and a portion of that certain Replat to the City of Port Arthur, Texas titled Tracts 3 and 4, a 9.71 ! acre Replat of a portion of Lots 1 thru 8 of the Kinard Subdivision, said Replat being recorded in Clerk's File No. 2009004311 of the Official Public Records of said County, said 10.185 acre tract being more particulazly described by metes and bounds as follows: BEGINNING at a %:" steel rod with cap mazked Arceneaux & Gates found located on the South line of the limits of the City of Port Arthur and North line of the limits of the City of Groves, this point mazks the Southeast comet of said Lot 1, the Southeast comer of said 9.711 acre Replat and the Southeast corner of the herein described tract of land, said point also being located on the West line of the Twelve Oaks Estates Subdivision, as recorded in Volume 15, Page 166 of said Map Records, this point also marks the Northeast comer of that certain Replat to the City of Groves, Texas titled Tracts 1 and 2, a 5.858 acre Replat of a portion of Lots 5 and 6, Block 8, Range "F" Port Arthur Land Company Subdivision, said 5.858 acre Replat being recorded in Clerk's File No. 2009003730 of said Official Public Records; THENCE South 41 deg. 12 min. 35 sec. West (South 41 deg. 13 min. 00 sec. West-plat) along the South line of said 9.711 acre Replat and Lot 1 and City limits of Port Arthur with the North line of said 5.858 acre Replat and the City limits of Groves, passing at a distance of 775.02 feet the Northwest comer of said 5.858 acre Groves Replat and lower Southwest corner of said 9.771 acre Port Arthur Replat and East line of said 4.31 acre Church Residue tract and continuing for a total distance of 1250.64 feet to a point located on the Easterly line of State Highway No. 347 (a.k.a. Twin City Highway) and West line of said 4.31 acre Church Residue tract marking the common West comer of said City Limits of Groves and Port Arthur and the Southwest comer of said Lot 1 and the herein described tract of land; THENCE North 48 deg. 46 min. 11 sec. West (reference bearing) along the said Easterly Right of Way line, passing at a distance of 64.00 feet a'/:" steel rod with cap mazked Arceneaux & Gates found marking the Northwest comer of said 4.31 acre Residue tract and upper Southwest comer of said 9.771 acre Replat and continuing for a total distance of 128.00 feet to a'/I' iron pipe found mazking the lower Northwest corner of said 9.771 acre Replat and the herein Page 1 of 3 z:urcw,c maverr+cu~'rzt + eot~nassorncvsaaae.• described tract of land, this point also being located on the common line of Lots 2 and 3 Kinard Subdivision; THENCE North 41 deg. 12 min. 00 sec. East (North 41 deg. 13 min. 00 sec. Eazt-plat) departing said Easterly Right of Way line along the North line of Lot 2 and South line of Lot 3 a distance of 356.05 feet to a %" steel rod with cap marked Arceneaux & Gates found marking an "Ell" corner; THENCE North.48 deg. 55 min. 26 sec. West a distance of 25.00 feet to a %s" steel rod with cap marked Arceneaux & Gates found within Lot 3 marking an "Ell" comer; THENCE North 41 deg 12 min. 15 sec. East a distance of 166.39 feet to a point located within Lot 3 marking an "Ell" comer of said 9.771 acre Replat and the herein described tract of land; THENCE North 48 deg. 46 min. 02 sec. West across Lots 3, 4, 5, 6, 7 and 8 along the upper West line of said 9.771 acre Replat a distance of 358.88 feet to a %:" steel rod with cap marked Arceneaux & Gates found located on the North line of Lot 8 and South tine of Lot 9 marking the upper Northwest comer of the herein described tract of land and said 9.771 acre Replat; THENCE North 41 deg. 13 min. 32 sec. East (North 41 deg. 13 min. 00 sec. East-plat) along the North line of Lot 8 with the South line of Lot 9 and North line of said 9.771 acre Replat a distance of 727.76 feet to a %:" iron pipe found mazking the Northeast comer of said 9.771 acre Replat and Lot 8 and the Southeast comer of Lot 9, this point also being located on the said West line ofsaid Twelve Oaks Subdivision; THENCE South 48 deg. 48 min. 12 sec. East along the East line of said 9.771 acre Replat and Lots 3, 4, 5, 6, 7 and 8 with .the West line of said Twelve Oaks Subdivision a distance of 383.76 feet to 'h" steel rod with cap marked Arceneaux 8c Gates found mazking an angle point for corner; THENCE South 48 deg. 53 min. 43 sea East along the East line of said 9.771 acre Replat and Lots 1 and 2 with the West line of said Twelve Oaks Subdivision a distance of 127.87 feet to the Southeast comer and PLACE OF BEGINNING and containing in area 10.185 acres of land, more or less. Surveyed: March, 2009 Note: / / ' An exhibit of even date is being submitted with and being made a part of this metes and bounds description. Bearings referenced to the Kinard Subdivision common lot lines (North 41 deg. 13 min. 00 sec. East). Map Volume 3, Page 184 M.R.J.C. Page 2 of 3 z:uacu~csuavzrvrc~nsrtcs t eourmsuooswn-eaaae. wa.Y ~ mwc No ausl f m v v.D1vm Im. on~ ~+ n o/~O wa.. vR 14 auR nrtnoai Syr a riP fir u ur • •~""° ~ Haan YPl K 41a4 'raooar~a 1 - - - - - - - Am4TeaSGer ~ 1 vA`~ t ~iuJ~ J .,w ,YO .b YA.6 ~.. iOfe4p ,GC .PP[V IvM W4N MIY0of0 a4t0 ~Y4DNO wipM11444 ~1L ~. OIAJL V ~ a ~~~. w1a ~, n M O~ z U~ =ZR W <~ ~Q wn1 ~ ~ v wie4R. YAK . a~ ru 4mou ar ,~u,~a CWOt 11VLIf 1, ! . ] .p4~ue ru. 1.++. aNa wr aAJc NOTE: A METES AND BOUNDS DESCRIPTION OF EVEN~DATE ACCOMPANIES THIS EXHIBR. ® eecexsevx ~ care: r°'O~"'~ ~°'Q'' HOC ARCSNaAmc /11aw]an laaaa+ ~ :. GAT69 a awi nro. cnw n.1... a,J1. Iw av ~ne~nu~c rwt ~~~ ~_ +w4+ law 4Y110 lolm d aw r. new r+ IIL~6Q(ri^~II1I y.~yy~j yIIII Y- M } I un I _ 1 •^ 1 )~I~t YaCw C ~~r TRAGTY i T.xtACREs J--"~Dwwl _ _ - .~ /~ar srwr aow Oma ~/wr4L\w4~ea~iG T~~g]IWOn On1NE _ ~ L.dl Ak u TRACT] - ~ .-.].]w ACREACRE]-mod :~L-_ r- - -1' ~L._J I ].0.N NGRE9. TRA4T51Arn~81M~PUT L A6.6lSACRE AERAT OF I Igy ~~ APORTON OP LOT960.l. BlW1a. RANDS BOA TMCTI I I THE pCRTARTHURI:WD CCMPANT SUBOM ION ].]IB ACREB CFp00Y00.tTJD OP.RJ.G I X17 1P1 1 w e i1o vae Y w 1 N' u rYm /.410 W 0! 1~aA ar Yam m IYa vn rru L W -r ~ u Z ~' Q .. ~_~ t- ,~ pd .~ s ;ra// i 100 200 SCALE IN FEET ----' II ~ EXHIBI HST OWING PROPOSED PAGE DE-ANNEXATION OF THE 3 PORT ARTHUR CITY LIMITS 10.185 ACRES OUT OF of LOTS 1-8 KINARD SUBDIVISION 3 PORT ARTHUR, JEFFERSON COUNfY, TEXAS DATE: MARCH 10, 2009 SCALE: '1"=200' DRAWN: TMR PROJ. NC.: GVS-060 VER.: AutoCAD 2009 CHECKED: JRH " ' EXHIBIT ~~B" z.po 6006 STATE OF TEXAS § COUNTY OF JEFFERSON § CHANGE OF BOUNDARIES AGREEMENT COMES NOW, the City of Port Arthur and the City of Groves and agree as to the following: (a) The City of Port Arthur has or will disannex the area described in Exhibit ~~A", effective May 19, 2009. (b) The City of Groves will annex the area described in Exhibit "A", effective May 21, 2009. (c) This agreement is authorized per Chapter 43 of the Local Government Code and specifically by Section 43.013 of the Local Government Code. SIGNED on the day of 2009. CITY OF PORT ARTHUR BY: SIGNED on the day of 2009. CITY OF GROVES BY: z.change of bounda ries_agreement EXHI(31T "A" AACENEAUX GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engfaeers • Sarveycrs • Planners METES AND BOUNDS DESCRIPTION FOR THE PROPOSED DE-ANNEXATION OF THE LIMTfS OF THE CITY OF PORT ARTHUR OUT OF THE HINARD SUBDPVLSION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS Being a 10.185 acre tract or pazcel of land delineating the limits of the City of Port Arthur, Texas, being all of Lots I and 2 and a portion of Lots 3, 4, 5, 6, 7 and 8 of the Kinard Subdivision, as recorded in Volume 3, Page 184 of the Map or Plat Records, County Clerk's Office, Jefferson County, Texas, also being a portion of the 4.31 acre Residue of the Cttoves Church of Christ 13.16 acre tract of land as recorded in Volume 1431, Page 607 of the Deed Records of said County and a portion of that certain Replat to the City of Port Arthur, Texas titled Tracts 3 and 4, a 9.711 acre Replat of a portion of Lots I thru 8 of the Kinard Subdivision, said Replat being recorded in Clerk's File No. 200900431 ] of the Official Public Records of said County, said 10.185 acre tract being more particulazly described by metes and bounds as follows: BEGINNING at a %:" steel rod with cap marked Arceneaux & Gates found located on the South line of the limits of the City of Port Arthur and North line of the limits of the City of Groves, this point mazks the Southeast comer of said Lot 1, the Southeast comer of §aid 9.71 I acre Replat and the Southeast comer of the herein described tract of land, said point also being located on the West line of the Twelve Oaks Estates Subdivision, as recorded in Volume 15, Page 166 of said Map Records, this point also mazks the Northeast comer of that certain Replat to the City of Groves, Texas titled Tracts 1 and 2, a 5.858 acre Replat of a portion of Lots 5 and 6, Block 8, Range "F" Port Arthur Land Company Subdivision, said 5.858 acre Replat being recorded in Clerk's File No. 2009003730 of said Official Public Records; THENCE South 41 deg. 12 min. 35 sec. West (South 41 deg. 13 min. 00 sec. West-plat) along the South line of said 9.711 acre Replat and Lot 1 and City limits of Port Arthur with the North line of said 5.858 acre Replat and the City limits of Groves, passing at a distance of 775.02 feet the Northwest comer of said 5.858 acre Groves Replat and lower Southwest corner of said 9.771 acre Port Arthur Replat and East line of said 4.31 acre Church Residue tract and continuing for a total distance of 1250.64 feet to a point located on the Easterly line of State Highway No. 347 (a.k.a. Twin City Highway) and West line of said 4.31 acre Church Residue tract marking the common West comer of said City Limits of Groves and Port Arthur and the Southwest comer of said Lot 1 and the herein described tract of land; THENCE North 48 deg. 46 min. 11 sec. West (reference bearing) along the said Easterly Right of Way line, passing at a distance of 64.00 feet a '/~" steel rod with cap mazked Arceneaux & Gates found mazking the Northwest comer of said 4.31 acre Residue tract and upper Southwest comer of said 9.771 acre Replat and continuing for a total distance of 128.00 feet to a'/." iron pipe found marking the lower Northwest comer of said 9.771 acre Replat and the herein Page 1 of 3 2:UiCUaG SUeVLYP1GNR1'L9 a !0[R(0.5V OMIGVSO60.e« described tract of land, this point also being located on the common line of Lots 2 and 3 Kinazd Subdivision; THENCE North 41 deg. 12 min. 00 sec. East (North 41 deg. 13 min. 00 sec. East-plat) departing said Easterly Right of Way line along the North line of Lot 2 and South line of Lot 3 a distance of 356.05 feet to a'/~" steel rod with cap mazked Arceneaux & Gates found mazking an "Ell" corner; THENCE North 48 deg. 55 min. 26 sec. West a distance of 25.00 feet to a''/s" steel rod with cap marked Arceneaux & Gates found within Lot 3 marking an "Ell" comer; THENCE North 41 deg 12 min. 15 sec. East a distance of 166.39 feet to a point located within Lot 3 mazking an "Ell" comer of said 9.771 acre Replat and the herein described tract of land; THENCE North 48 deg. 46 min. 02 sec. West across Lots 3, 4, 5, 6, 7 and 8 along the upper West line of said 9.771 acre Replat a distance of 358.88 feet to a %:" steel rod with cap mazked Arceneaux & Gates found located on the North line of Lot 8 and South line of Lot 9 marking the upper Northwest comer of the herein described tract of land and said 9.771 acre Replat; THENCE North 41 deg. 13 min. 32 sec. East (North 41 deg. 13 min. 00 sec. East-plat) along the North line of Lot 8 with the South line of Lot 9 and North line of said 9.771 acre Replat a distance of 727.76 feet to a %:" iron pipe found mazking the Northeast comer of said 9.771 acre Replat and Lot 8 and the Southeast comer of Lot 9, this point also being located on the said West line of said Twelve Oaks Subdivision; THENCE South 48 deg. 48 min. 12 sec. East along the East line of said 9.771 acre Replat and Lots 3, 4, 5, 6, 7 and 8 with the West line of said Twelve Oaks Subdivision a distance of 383.76 feet to 'h" steel rod with cap mazked Arceneaux & Gates found mazking an angle point for comer; THENCE South 48 deg. 53 min. 43 sec. East along the East line of said 9.771 acre Replat and Lots 1 and 2 with the West line of said Twelve Oaks Subdivision a distance of 127.87 feet to the Southeast comer and PLACE OF BEGINNING and containing in area 10.185 acres of land, more or less. Surveyed: Mazch, 2009 Note: R. (Bob) liodges,'fE.P.L.S. #4583 ~/<i/off An exhibit of even date is being submitted with and being made a part of this metes and bounds description. Bearings referenced to the Kinazd Subdivision common lot lines (North 41 deg. 13 min. 00 sec. East). Map Volume 3, Page 184 M.R.J.C. Page 2 of 3 LIAAGUAG SURTLTBVOU1GfG4 ! BOUNBN06-1GTB.06QOoe a1xW L moe xxD IoeE1 1 m A owoav\ am. Qf]\ ICIF] RR1C1 Q L ~ixElrl ~al{R 0~~1! v... 1, w n fTe = ~` Z 1r- U~ =ZR W ,Q V! Q ~ ~ •• ~ }~ C for fe L a~ f Tmv for vrt lam Doan ram yG~ 9' ade ~ e ~? p --------~- acY'GV ~~ w.n to aTl a.rsa\al.me x. -' ~ lalCp 1] a 1. ryp ~ 1~ ~ U 1/R Imo ~ 1n' N.i•1 Enx.x u faaV > ~ /U rm ~\' iPACT~ e~ y 1 ot • ~ f > WI ~q[ mr~~ ~a \ 1.3e) Iy'f69 _ ~ Y f9A10M~ K l 1 ~ _ _ itl80M m _ _ _Mp0 -CFI. roCl'iYa TRACT] C I I.]M ACRE9 C (~ ~ O j ~ ~ ol jlye osr® m IM t _ _ _ V ~ ~ VNPM YO WBW O Ne aAac ~. YII1C ~ • ~Na/a® f0 1rm IYaon ~ ~ F- r. Y . ar\xr 1N ,ON. WIO ,M1Y0.. ~ \.~ N]Ix aoma a, ..o0 .40GV0 msaWERi4 ~ -~~ ~ _ ~. ~ -.~.~.~•~ - ~ - IT ~.ol~. xero~aox al ~, - ,\..-.IY~ a~ a Ir -.,,a~ I ,1erValmm prMa I N x. rla. llru a vlaoo»n~ O1NL '1 T YaIM1 \ dwYa fal. 1MCx9 ] ANp ~ OF TH6 (f vM Ym IT a p alA NS IN WL mr \ 4m Y I ~ aaw ~ ImNrx . inm ~ '"' T OF wYJI ACRE REM ROIrt10NarLOis l.e of h I i w 1m lyfol-Mart ~a - _ A - TIE MNNIO6UEOIVgION- ~ ~ ~ ~ ~ - I - - reams fA] ~ ~ ~~ N\+~6 CFM300YOOWIt O.V.R J.0. I I a IC'a rr~l. ILL ImC6~ e.1a1 . ~/( , Y N11•Ix ~ W'6 MI.OY Y4'VxfW rp ahN YO9 ~ LL 1~ Nfal NI.pD L_J W s ~ x _-.--~L-_._J « ru _ ~ a '~ '• - ' ~; YR1 .x a n aT 1rn~ 1P o u _ T" 1 7 1v G OVE IT'LIMITS sn•lmwlxaA\' ~ 1/ ~ v ~ Z /( / 9aR11 O~xxYC OT 14 MO lUaYMmrl TMCT 3 iRACB 1 AND 3 OF THE REPUT I Te t AND 3 ~ y~ ~P I I //11 MN 3.e]9 A0.RE9 TRAG I ~~ ~ 4 A 6.U5ACRE REHAT OF Q 8 A RORTON Of LOT9 6 a a. BLOfX A. RIJ10E p ~ OF TMCT 1 ~ Y Tole Mmw we m av. 3 R y ~ THE PORTARTMxR LAND CdYVAMV SUBOM I ION ]31p ACREB I ~e~ vA.1 raL ppp YAAC ~ I CFfM0W0]1]OOP.RJ.G J ~ I Z I- } ~ - - ~ 1m ~ W a]1 axe n]iouT d i _ ~ _ _ - - - - - - - ~-' 7 .1 Y wA3 auaw vomfx 1 n _ ~ clfi------ --- - - - - - - -- - - u.u xc1R r nunt 1. x • ] ~ TAtlm I e ixb ~ ~ n Ya. 1.xgµCS bl A ~ e 1 i NOTE: A METES AND BOUNDS DESCRIPTION OF EVEN~OATE ACCOMPANIES THIS EXHIBIT. ® exceNSSVx ~ care: ARCBNSAUIC GOraOI~ ~O""• HOC' GA1.69 amx Sall. M.a a.\.~ A11. xao eaewr orma c "ra tY~al fi ~sw~ m sn.\ m 100 200 SCALE IN FEET NmaNa a nar I I EXHIBIT SHOWING PROPOSED PncE DE-ANNEXATION OF THE 3 PORT ARTHUR CITY LIMITS 10.185 ACRES OUT OF of LOTS 1-8 KINARD SUBDIVISION 3 PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: MARCH 10. 2009 SCALE: '1"=200• DRAWN: TMR PROD. ND.: GVS-060 VER.: lwIOCAD 2009 CHECKED: JRH