HomeMy WebLinkAboutPO 7208: ABANDONMENT, PORTION OF TERMINAL ROAD STREET RIGHT OF WAY ERCl�Y
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INTEROFFICE MEMORANDUM
Date: October 28, 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 M
RE: P.O. No. 7208 —Abandonment of a portion of the Terminal Road Street
rig ht-of-way
Introduction:
This Agenda Item intends to seek approval from the City Council for P.O. NO. 7208,
abandoning an approximate 1.026-acre (44,693 SF) portion of the following improved
dedicated public right-of-way in Port Arthur, Jefferson County, Texas:
• Portion of Terminal Road (bounded between Matthews Street (City
Water Tower) and State Highway 87 [A.K.A. Gulfway Drive/W. 16th
Street])
Motiva Enterprises, LLC submitted a request to the city to abandon the referenced
portion of the right-of-way to improve the security hardening of its perimeter as it
continues to meet dynamic and evolving security challenges responsibly. This proposed
abandonment will also allow Motiva to secure more of its property contiguously.
Background:
Motiva Enterprises, LLC., submitted a completed abandonment application to the City's
Planning and Zoning Division on or around August 31, 2023, requesting consideration
for the abandonment of the said request located in the Downtown area of the City of
Port Arthur, TX, Jefferson County, Texas.
As part of the abandonment process, the application was accompanied by signed and
written consent of all utility entities. Utility entities include the City of Port Arthur
Water/Sanitary Sewer, Public Works — Drainage, Charter/Spectrum Cable, Texas Gas
Service, GSU/Entergy, AT&T — Texas, and Drainage District No. 7.
The City's Planning and Zoning Commission held a public hearing on Monday,
September 25, 2023. Public Notices were mailed to adjacent property owners within
200 feet of the proposed site on Thursday, September 7, 2023, and published in the
Port Arthur Newspaper on Wednesday, September 13, 2023.
Due to concerns posed by two members of the public, the Planning and Zoning
Commission tabled the item. The primary concern was access to property in the
adjoining block of the proposed site (i.e., former Carver Terrace property) and the
continued use of the former Carver Terrace Park.
The Planning and Zoning Commission reconvened on October 2, 2023, and voted 4:0
to approve the abandonment request.
On September 26, 2023, the City Council approved Resolution No. 23-385, calling for
a public hearing to consider the proposed abandonment. The public hearing was held
on October 24, 2023, at 6:00 p.m. The City Secretary's Office published the public
hearing in the Port Arthur Newspaper on October 14, 2023. There were no members of
the public present at the October 24, 2023 meeting providing written or verbal
opposition to the request. -
An appraisal was conducted by Cooks & Associates, Inc. of Beaumont, Texas, on
August 30, 2023. Based on fair and reasonable consideration, the fair market value of
the portion of public right-of-way appraised the same at $42,500.00.
Upon approval of this proposed ordinance, Motiva will be required to establish utility
and access easements requested by the City.
Budget Impact:
Motiva Enterprises, LLC, requestor, will provide the city with a payment of $42,500.00
to convey the 1.026-acre portion of the improved dedicated public right-of-way, known
as a portion of Terminal Road.
Recommendation:
It is recommended that the City Council approve P.O. NO. 7208, abandoning an
approximate 1.026-acre (44,693 SF) portion of the following improved dedicated public
right-of-way in Port Arthur, Jefferson County, Texas:
• Portion of Terminal Road (bounded between Matthews Street (City
Water Tower) and State Highway 87 [A.K.A. Gulfway Drive/W. 16th
Street])
"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. 7208
10/27/2023 PDL
PAGE 1 OF 15
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, CLOSING,
VACATING, ABANDONING, AND CONVEYING A 1.026-ACRE
PORTION OF AN IMPROVED DEDICATED PUBLIC RIGHT-OF-WAY,
KNOWN AS TERMINAL ROAD, 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.
A23-05 (MOTIVA ENTERPRISES, LLC)
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 Motiva Enterprises,
LLC (the "Requester") that the City close, vacate, abandon, and convey a 1 .026-acre
portion of an improved dedicated public right-of-way, known as Terminal Road, 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 October 24, 2023, at 6:00
P.O. NO.7208
10/27/2023 PDL
PAGE 2 OF 15
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
the same to the extent of the public right, title, and interest in and to the Property that the
City may lawfully abandon.
I
P.O. NO.7208
10/27/2023 PDL
PAGE 3 OF 15
SECTION 3. That the City possesses the Property that shall be conveyed to the
abutting property owner, Motiva Enterprises, LLC, 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 same 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
unconstitutionally 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.
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.
P.O. NO.7208
10/27/2023 PDL
PAGE 4 OF 15
READ, ADOPTED, AND APPROVED this day of November, 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 Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
ona "Ron" Burto City Man er
aft./ uh
Pamela D. Langford, Assistant City Manager — Operations/
Director of Development Services
P.O.NO.7208
10/27/2023 PDL
PAGE 5 OF 15
EXHIBIT "A"
(SURVEY - SEE HIGHLIGHTED SECTIONS)
P.O. NO.7208
10/27/2023 PDL
PAGE 6 OF 15
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P.O. NO.7208
10/27/2023 PDL
PAGE 7 OF 15
TBPE Firm No. F-5755
TBPLS Firm No.10123800
-vie; LA EF.0005711
t A3737 Doctors Drive
� Porrthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
TRACT H
1.026 ACRES OF LAND
PART OF TERMINAL ROAD
PORT ARTHUR HEIGHTS
JEFFERSON COUNTY,TEXAS
BEING 1.026 acres of land, part of Terminal Road, as shown on the plat of Port Arthur Heights,
recorded in Volume 2, Page 138, Map Records, Jefferson County, Texas; said 1.026 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.
COMMENCING at a 5/8 inch steel rod found on the intersection of the Northeast right-of-way line of
State Highway 82 and the West right-of-way line of Terminal Road, for the Southeast corner of a
(Called 44.2161) acre tract of land, described as Tract III and an industrial district agreement between
Motiva Enterprises LLC and the City of Port Arthur, recorded in File No. 2019036053, Official Public
Records, Jefferson County, Texas, and the Southwest corner of a (Called 2.042) acre tract of land
surveyed by me on November 1, 2019; said 5/8 inch steel rod having coordinates of N: 13895478.97, E:
3 566505.60;
THENCE, North 06 deg. 46 min. 57 sec. West (Called North 06 deg. 45 min. 55 sec. West), on the
West right-of-way line of Terminal Road and the East line of Tract III, a distance of 1498.06' to a half-
inch steel rod, capped and marked "SOUTEX", found for the Northwest corner of the (Called 2.042)
acre tract, the POINT OF BEGINNING, and Southwest corner of the herein described tract; said
capped rod having coordinates of N: 13896966.62,E: 3566328.66;
[HENCE,North 06 deg. 46 min. 46 sec. West(Called North 06 deg. 45 min. 55 sec. West), continuing
on the West right-of-way line of Terminal Road and the East line of Tract III, a distance of 698.88' to a
concrete monument found on the Southeast right-of-way line of State Highway 87, for the Northeast
corner of Tract III, and the Northwest corner of the herein described tract;
THENCE, North 41 deg. 07 min. 16 sec. East, a distance of 89.27' to a half-inch steel rod, capped and
marked "SOUTEX", found on the intersection of the East right-of-way line of Terminal Road and the
Southeast right-of-way line of State Highway 87, for the Northwest corner of Block 42 of the re-
subdivision of Blocks 41 and 42 of Port Arthur Heights, recorded in Volume 5, Page 6, Map Records,
Jefferson County, Texas, and the Northeast corner of the herein described tract;
THENCE, South 06 deg. 20 min. 50 sec. East, on the West line of Block 42 and the East line of
Terminal Road, a distance of 439.23' to a disturbed 1 inch steel pipe found on the Northwest right-of-
way line of West 15th Street, for the Southwest corner of Block 42;
P.O. NO.7208
10/27/2023 PDL
PAGE 8 OF 15
THENCE, South 02 deg. 24 min. 17 sec. East, a distance of 882 1' to a half-inch steel rod, capped and
marked "AW&C", found on the intersection of the Southeast right-of-way line of West 15th Street and
the East right-of-way line of Terminal Road, for the Northwest corner of a (Called 2.543) acre tract of
land described in a deed to the City of Port Arthur, recorded in File No. 2016003795, Official Public
Records, Jefferson County, Texas;
THENCE, South 06 deg. 53 min. 14 sec. East, on the West line the (Called 2.543) acre tract and the
East line of Terminal Road, a distance of 231.23' to a bent half-inch steel rod found for the South West
corner of the (Called 2.543) acre tract, the Northeast corner of the (Called 2.042) acre tract, and the
Southeast corner of the herein described tract;
THENCE, South 82 deg. 53 min. 05 sec. West, on the North line of the (Called 2.042) acre tract, a
distance of 56.63' to the POINT OF BEGINNING, and containing 1.026 acres of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvev Creel,
Registered Professional Land Surveyor No. 6678 on August 31, 2023.
City of Port Arthur
23-0501
P.O.NO.7208
10/27/2023 PDL
PAGE 9 OF 15
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P.O. NO.7208
10/27/2023 PDL
PAGE 10 OF 15
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 Motiva Enterprises, LLC, whose mailing
address is 2555 Savannah Avenue, Port Arthur, Texas 77640 ("Grantee"), the receipt
and sufficiency of which consideration is 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 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.7208
10/27/2023 PDL
PAGE 11 OF 15
EXECUTED AND DELIVERED the day of , 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
, 2023.
Notary Public in and for the State of Texas
P.O.NO.7208
10/27/2023 PDL
PAGE 12 OF 15
ATTACHMENT "A"
(SURVEY - SEE HIGHLIGHTED SECTIONS)
P.O. NO.7208
10/27/2023 PDL
PAGE 13 OF 15
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SIUBCT 1 OP 1
P.O. NO. 7208
10/27/2023 PDL
PAGE 14 OF 15
TBPE Firm No.F-5755
4:_ n,y TBPLS Firm No.10123800
_ LA EF.0005711
k ,OUTEX .
Firm Doctors Drive
Port Arthur,Texas 7 r6r2
SURVEYORSENGINEERS Offke(409)983.2004
Fax(409)983.2005
TRACT H
1.026 ACRES OF LAND
PART OF TERMINAL ROAD
PORT ARTHUR HEIGHTS
JEFFERSON COUNTY,TEXAS
BEING 1.026 acres of land, part of Terminal Road, as shown on the plat of Port Arthur Heights,
recorded in Volume 2, Page 138, Map Records, Jefferson County, Texas; said 1.026 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.
COMMENCING at a 5/8 inch steel rod found on the intersection of the Northeast right-of-way line of
State Highway 82 and the West right-of-way line of Terminal Road, for the Southeast corner of a
(Called 44.2161) acre tract of land, described as Tract III and an industrial district agreement between
Motiva Enterprises LLC and the City of Port Arthur, recorded in File No. 2019036053, Official Public
Records, Jefferson County, Texas, and the Southwest corner of a (Called 2.042) acre tract of land
surveyed by me on November 1, 2019; said 5/8 inch steel rod having coordinates of N: 13895478.97, E:
3566505.60;
THENCE, North 06 deg. 46 min. 57 sec. West (Called North 06 deg. 45 min. 55 sec. West), on the
West right-of-way line of Terminal Road and the East line of Tract III, a distance of 1498.06' to a half-
inch steel rod, capped and marked "SOUTEX", found for the Northwest corner of the (Called 2.042)
acre tract, the POINT OF BEGINNING, and Southwest corner of the herein described tract; said
capped rod having coordinates of N: 13896966.62,E: 3566328.66;
THENCE,North 06 deg. 46 min. 46 sec. West(Called North 06 deg. 45 min. 55 sec. West), continuing
on the West right-of-way line of Terminal Road and the East line of Tract III, a distance of 698.88' to a
concrete monument found on the Southeast right-of-way line of State Highway 87, for the Northeast
corner of Tract III, and the Northwest corner of the herein described tract;
THENCE, North 41 deg. 07 min. 16 sec. East, a distance of 89.27' to a half-inch steel rod, capped and
marked "SOUTEX", found on the intersection of the East right-of-way line of Terminal Road and the
Southeast right-of-way line of State Highway 87, for the Northwest corner of Block 42 of the re-
subdivision of Blocks 41 and 42 of Port Arthur Heights, recorded in Volume 5, Page 6, Map Records,
Jefferson County, Texas, and the Northeast corner of the herein described tract;
THENCE, South 06 deg. 20 min. 50 sec. East, on the West line of Block 42 and the East line of
Terminal Road, a distance of 439.23' to a disturbed 1 inch steel pipe found on the Northwest right-of-
way line of West 15th Street, for the Southwest corner of Block 42;
P.O. NO. 7208
10/27/2023 PDL
PAGE 15 OF 15
THENCE, South 02 deg. 24 min. 17 sec. East, a distance of 88.21' to a half-inch steel rod, capped and
marked "AW&C", found on the intersection of the Southeast right-of-way line of West 15th Street and
the East right-of-way line of Terminal Road, for the Northwest corner of a (Called 2.543) acre tract of
land described in a deed to the City of Port Arthur, recorded in File No. 2016003795, Official Public
Records, Jefferson County, Texas;
THENCE, South 06 deg. 53 min. 14 sec. East, on the West line the (Called 2.543) acre tract and the
East line of Terminal Road, a distance of 231.23' to a bent half-inch steel rod found for the South West
corner of the (Called 2.543) acre tract, the Northeast corner of the (Called 2.042) acre tract, and the
Southeast corner of the herein described tract;
THENCE, South 82 deg. 53 min. 05 sec. West, on the North line of the (Called 2.042) acre tract, a
distance of 56.63' to the POINT OF BEGINNING, and containing 1.026 acres of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on August 31, 2023.
City of Port Arthur
23-0501