HomeMy WebLinkAboutPO 7147: ABANDONMENT OF A 4' WATER UTILITYEASEMENT ___._.
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www.PortArthurTx.gov
DEPARTMENT OF DEVELOPMENT SERVICES
INTEROFFICE MEMORANDUM
Date: April 27, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pamela D. Langford, Assistant City Manager— Operations/Director of
Development Services
RE: P.O. No. 7147 —Abandonment of a 4" Water Utility Easement
Introduction:
This Agenda Item intends to seek approval from the City Council for the abandonment
of a 0.019-acre of land consisting of a four (4') foot waterline easement located at a
point in the northerly boundary line of Lot 8, Block 152, Port Arthur, Jefferson County,
Texas.
The request is being made for Community Development Properties, Port Arthur, Inc.
Background:
Community Development Properties, Port Arthur, Inc. submitted a completed
abandonment application to the City's Planning and Zoning Division on or around
January 13, 2023, requesting consideration for the abandonment of a four (4') foot
waterline easement located in Block 152, Port Arthur, Jefferson County, Texas.
As part of the abandonment process, the application was accompanied by signed and
written consent of all utility entities and adjacent property owner(s), with Community
Development Properties, Port Arthur, Inc. being the registered owner of the adjoining
properties.
An appraisal report was ordered from Cook &Associates, Inc. of Beaumont, Texas, and
an investigation and analysis of the property were performed on December 6, 2021.
Based on fair and reasonable consideration, the fair market value of the 4" water utility
easement is appraised at $1 .00 per/sf * 840 SF, totaling $840.00.
The City's Planning and Zoning Commission held a public hearing on Monday, March
20, 2023. Public Notices were published in the Port Arthur Newspaper on March 4-5,
2023, and notices were sent to property owners within a 200 ft. radius of the proposed
site.
On April 11 , 2023, the City Council approved Resolution No. 23-164, calling for a public
hearing to consider the proposed abandonment. The public hearing is scheduled for
May 9, 2023.
Upon approval of this proposed ordinance, Community Development Properties. Port
Arthur, Inc. will be required to establish utility and access easements requested by the
City and other utility entities.
Budget Impact:
Community Development Properties, Port Arthur, Inc. would provide the City with a
payment of $840.00 for the conveyance of the 0.019-acre (840 SAF) of land consisting
of a four (4') foot waterline easement.
Recommendation:
It is recommended that City Council approve P.O. No. 7147, abandoning 0.019-acre of
land consisting of a four (4') foot waterline easement located at a point in the northerly
boundary line of Lot 8, Block 152, Port Arthur, Jefferson County, Texas.
"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. 7147
04/2712023 PDL
PAGE 1 OF 12
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING,
VACATING, ABANDONING, AND CONVEYING 0.019-ACRE (840 SF) OF
LAND CONSISTING OF A FOUR (4') FOOT WATERLINE EASEMENT
LOCATED AT A POINT IN THE NORTHERLY BOUNDARY LINE OF LOT
8, BLOCK 152, 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.
A23-01 — COMMUNITY DEVELOPMENT PROPERTIES,
PORT ARTHUR, INC.
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 Community
Development Properties, Port Arthur, Inc. (the "Requestor") that the City close, vacate,
abandon, and convey approximately 0.019-acre (840 SF) of land consisting of a four (4')
foot waterline easement. located at a point in the northerly boundary line of Lot 8, Block
152, Port Arthur, Jefferson County, Texas, as more specifically described in Exhibit "A"
(the "Property"). which is attached hereto and incorporated herein for all purposes; and,
WHEREAS, in accordance with Section 94-383(b)(1) of the City Charter, a
recommendation for approval was received from the Planning and Zoning Commission;
and,
P.O. NO.7147
04/27/2023 PDL
PAGE 2 OF 12
WHEREAS, in accordance with Section 94-383(b)(2) of the City Charter, the City
Council held a public hearing on May 9, 2023, at 6:00 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
Article VI, Section 94-383 of the City Charter; 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
delineated in Section 94-384 of the City Charter; 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
Article VI, Chapter 94, 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
P.O. NO.7147
04/27/2023 PDL
PAGE 3 OF 12
the same to the extent of the public right, title, and interest in and to the Property that the
City may lawfully abandon.
SECTION 3. That the Property is possessed by the City and shall be conveyed to
the abutting property owner Community Development Properties, Port Arthur, Inc., 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 the Texas
Water Code, Chapter 26, the provisions of state law will govern in the event of a conflict.
P.O. NO.7147
04/27/2023 PDL
PAGE 4 OF 12
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 May. A.D., 2023, 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 Bartie, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
fif
V1alecia Va z o, Ci Attorney
i
APPROVED FOR ADMINISTRATION:
Rona d ""on" Bu :n, ity M ager
P.O. NO.7147
04127!2023 PDL
OF 12
a-077 / D.
Pamela D. Langford, AssistaJCity Manager— Operations/
Director of Development Services
P.O.NO.7147
04/27/2023 PDL
PAGE 6 OF 12
EXHIBIT "A"
P.O. NO.7147
04/27/2023 PDL
PAGE 7 OF 12
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EXHIBIT " B "
P.O.NO.7147
04/27/2023 PDL
PAGE 10 OF 12
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 Community Development Properties, Port
Arthur, Inc. whose mailing address is 1111 Superior Avenue E, Suite 1114, Cleveland,
OH 44114 ("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 the 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 the 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.7147
04/27/2023 PDL
PAGE 11 OF 12
EXECUTED AND DELIVERED the day of May , 2023.
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 May 2023.
Notary Public in and for the State of Texas
P.O. NO.7147
04/27/2023 PDL
PAGE 12 OF 12
EXHIBIT "A"
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