HomeMy WebLinkAboutPO 6184: AMENDING ZONING ORDINANCE GRANTING AN ABANDONMENT FOR A SECTION OF HOUSTON AVE - MOTIVA ENTERPRISES, LLC CITY OF PORT ARTHUR
PLANNING & ZONING DIVISION
M emo
To: Steve Fitzgibbons, City Manager, Mayor and City Council
From: Ronald Burton, Planning Director Ilk
y
Date: 10/6/2011
Re: P.O. NO. 6184 (A11 -01) - Abandonment of a section of Houston Avenue in the
2000 Block extending northward from 19th Street to the entrance of the Motiva
Refinery
RECOMMENDATION:
It is recommended that Proposed Ordinance No. 6184 be approved. This Ordinance
would abandon an estimated 16,974 sq ft. of Houston Avenue that measures: 70' wide
and length ranges from 196.39' on the west side of the street and 288.59' on the east
side of Houston Avenue that is part of Blocks 458 and 459.
BACKGROUND:
Motiva Enterprises, LLC has requested that this portion of Houston Avenue be
abandoned. The appraised value of this property as determined by an independent
appraiser is $9,000. Motiva Enterprises, LLC will be required to pay this amount.
BUDGETARY /FISCAL EFFECT:
The City will receive $9,000 in payment for the abandonment of this right -of -way. This
money must be placed in an account and used for the purchase of right -of -way.
STAFFING /EMPLOYEE EFFECT:
None
SUMMARY:
It is recommended that Proposed Ordinance No. 6184 be approved.
P.O. NO. 6184
10/07/2011
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF PORT ARTHUR BY GRANTING AN
ABANDONMENT FOR A SECTION OF HOUSTON AVENUE IN
THE 2000 BLOCK THAT EXTENDS NORTHWARD FROM
EAST 19TH STREET TO THE ENTRANCE OF THE MOTIVA
REFINERY IN THE CITY OF PORT ARTHUR, JEFFERSON
COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND
PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE
(A11-01 - MOTIVA ENTERPRISES, LLC)
WHEREAS, under Section 272.001, Texas Local Government Code and Article I,
Section 7of the Charter of the City of Port Arthur, the City has the power to abandon and
vacate streets, public road right -of -way, alleys and easements, subject to the provisions of
Article VI (Abandoning and Vacating City Streets, Alleys and Easements; Conveying, Selling
and Exchanging City Land) of Chapter 94 of the Code of Ordinances of the City of Port
Arthur; and,
WHEREAS, a request has been received to abandon a section of Houston Avenue in
the 2000 block that extends northward from east of 19th Street to the entrance of the
Motiva Refinery, City of Port Arthur, Texas as denoted in Exhibit "A "; and,
WHEREAS, Article VI, Section 94 -384 authorizes that upon the abandonment of any
street, alley or easement, the City shall have the right to retain the utility easement within
the street, alley or easement. The other utility companies also desire to retain their rights.
WHEREAS, the City Council held a public hearing on October 4, 2011 at 9:00 a.m.,
after giving notice to all property owners within 200 feet and publishing notice in the
official newspaper of the City; and,
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P.O. NO. 6184
10/07/2011
WHEREAS, recommendation of approval from the Planning and Zoning Commission
has been received and considered; and,
WHEREAS, upon abandoning and vacating of any street, alley or easement, the City
shall have the right, if it so desires, to retain utility easements within the street, alley or
easement, hence there's an appropriate reduction in fair market value.
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 of said 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:
SECTION 1. That the facts and opinions in the preamble are true and correct.
SECTION 2. That the following described section of Houston Avenue in the City of
Port Arthur be and the same are hereby abandoned, vacated and relinquished to the
owners of the abutting property, but retains the rights to the easements and in the interest
of the City of Port Arthur therein, to wit:
Approximately 16,974 SF of a portion of
Houston Avenue that measures:
70' wide and length ranges from
196.39' on the west side of the street
and 288.59' on the east side of Houston Avenue
that is a part of Blocks 458 and 459
City of Port Arthur, Jefferson County, Texas
SECTION 3. That this Ordinance is contingent on the following:
Payment to the City of Port Arthur of $9,000 is determined by Exhibit "B
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P.O. NO. 6184
10/07/2011
SECTION 4. That the Mayor shall be authorized to execute a Special Warranty Deed
(in a form substantially in accordance with Exhibit "C ") conveying the abandoned property
to Motiva Enterprises, LLC once funds are received.
SECTION 5. That if any portion of this Ordinance shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining
provision hereof.
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 October, A.D., 2011 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
Mayor
ATTEST:
City Secretary
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P.O. NO. 6184
10/07/2011
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
City Manager
" 41 1 1111114 meer
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Director of Pl. ning
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EXHIBIT "A"
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EXHIBIT "B"
BISHOP REAL ESTATE APPRAISERS, INC.
August 19, 2011
Ms. Pamela D. Langford
Administrative Aide
Planning & Zoning Division
City of Pt. Arthur
444 4 Street
Pt. Arthur, Texas 77640
RE: A Summary Appraisal Report of a section of Houston Avenue in the 2000 Block, City of
Port Arthur, Pt. Arthur, Texas 77640.
Dear Ms. Langford,
Pursuant to your request, I have personally inspected and analyzed the above captioned property for
the purpose of estimating its Market Value, excluding minerals. Please refer to the Scope of Work
on Page 7 for an outline of the appraisal process utilized for this analysis.
Based primarily on the facts and analyses contained in this report, it is my opinion the Market Value
of the property, assuming no environmental issues are present, as of August 16, 2011, was:
NINE THOUSAND ($9,000) DOLLARS*
*Subject to the Special Assumption on Page 4.
This report is subject to the Certification, General Limiting Conditions, and General Underlying
Assumptions outlined therein. Presented on the following pages is a detailed report containing
pertinent descriptive and market data considered in the estimate.
If I can be of any further assistance, please contact me.
Respectfully submitted,
BISHOP REAL ESTATE APPRAISERS, INC.
I mo:0, 14 &yr ._
Jimmy W. Bishop, MAI, SRA Steve Peyton
State Certified #TX- 1320188 -G State Certified #TX- 1325521 -R
General Real Estate Appraiser Residential Real Estate Appraiser
-DID NOT INSPECT PROPERTY -
4749 Odom Road, Suite 101, Beaumont, Texas 77706 * 409/898 -8800 * 409/898 -8988
3
EXECUTIVE SUMMARY
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
APPRAISAL TYPE: Summary Appraisal Report
1
PROPERTY LOCATION: The property is part of the 2000 Block of Houston Avenue that
extends northward from E. 19 Street to the entrance of the Motiva refinery in Pt. Arthur, Texas
77640
ESTATE APPRAISED: Fee
Simple Estate less any mineral interest
OWNER: City of Pt. Arthur
CLIENT: City of Pt. Arthur
LAND DESCRIPTION: The subject property is a section of Houston Avenue in northwest Pt.
Arthur. This is a dedicated street that extends from E. 19 Street northward to the entrance of the
Motiva refinery complex and has an area of approximately 16,974 SF. According to the plat and
survey attached on Pages 35 & 36, it is 70' wide and its length ranges from 196.39' on the west
side of the street and 288.59' on the east side of Houston Avenue. The property is bound to the
north by KCS railroad tracks then by the refinery complex. Adjoining the property to the east is a
Motiva parking to may down yard and vacant refinery land is to the west. To parcel is bound to
the south by E. 19 Street then by residential subdivisions built up with old wood frame and
brick homes. According to the attached Zoning Map, the land is zoned (I) Industrial. Public
utilities extend to the various surrounding properties in the immediate neighborhood. The land is
in FEMA Flood Zone — B. This is an area of periodic flood hazard. The site is improved with
asphalt paving and is considered in the overall valuation of the property.
HIGHEST AND BEST USE: An industrial use in conjunction with the adjoining property use.
RECONCILED MARKET VALUE OPINION $9,000*
*Subject to the Special Assumption on Page 3
EFFECTIVE DATE OF APPRAISAL: August 16, 2011
DATE OF REPORT: August 19, 2011
EXHIBIT "C"
SPECIAL WARRANTY DEED
Date: , 2011
Grantor: City of Port Arthur, Texas, a municipal corporation
Grantor's Mailing Address (including county) P.O. Box 1089, Port Arthur,
Jefferson County, Texas 77641
Grantee: Motiva Enterprises, LLC
Grantee's Mailing Address (including county) 2555 Savannah Avenue
Port Arthur, Jefferson County, Texas 77640
Consideration: A value for abandoned land was established for an estimated 16,974 sq. ft., at a
dollar value of nine thousand ($9,000.00) Dollars.
Property (no improvements -via 2000 Block of Houston Avenue extending northward from
19 Street to the entrance of the Motiva Refinery):
Reservations from and Exceptions to Conveyance and Warranty: That such deed is subject
to all restrictions, covenants, conditions, easements, rights -of -way and prescriptive rights
whether recorded or not, and all recorded reservations if any and zoning and other laws affecting
the property. The City reserve easement rights for all existing water, sewer and storm sewer
easements, similarly all other utility companies retain easements in accordance with Section 94-
384 of the Code of Ordinances.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance
and warranty, grants, sells and conveys to Grantee the property, together with all and singular the
rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee,
Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all
and singular the property to Grantee and Grantee's heirs executors, administrators, successors,
and assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, except as to the reservations from and exceptions to conveyance and warranty by and
through only the grantor.
Executed on the day of A.D., 2011.
GRANTOR:
City of Port Arthur
Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Secretary
Original to Grantor: City of Port Arthur
Legal Department
P.O. Box 1089
Port Arthur TX 77641 -1089
ACKNOWLEDGEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Deloris "Bobbie" Prince, known to me to be the person whose names are subscribed to the
foregoing instrument, and acknowledged to me that they executed the same as the act and deed
of the City of Port Arthur, for the purposes and considerations therein expressed, and in the
capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, A.D. 2011.
NOTARY PUBLIC SIGNS ON THIS LINE
NOTARY PUBLIC IN AND FOR
PRINT NOTARY'S NAME HERE JEFFERSON COUNTY, TEXAS