HomeMy WebLinkAboutPO 5654: A06-01 JONES & CARTER INTEROFFICE MEMORANDUM
TO:. STEVE FITZGIBBONS, CITY MANAGER
~OM: D_ALF, L. WATSON, DIRECTOR OF PLANNING
SU~I~CT: P.O. NO. 5654 - ABANDONMENT REQUEST 0ONES AND CARTER)
DATE: 08/22/06
RECOMMENDATION:
The Planning and Zoning Commission recomanends that Proposed Ordinance No. 5654
be approved. This Ordinance would abandon a portion of Dominion Court from 205 feet
south of Aero Dr.
BACKGROUND:
The applicant has requested abandonment of these street fights-of-way to permit the
construction of townhomes. This would allow the street to be gated.
BUDGETARY/FISCAL EFFECT:
The applicant will be required to pay the appraised value of the property.
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5654
be approved.
P.O. NO. 5654
08/25/06 DLW
ORDINANCE NO.
AN ORDINANCE ABANDONING, VACATING AND
RELINQUISHING THE DOMINION COURT RIGHT-OF-WAY
FROM A POINT 205 FEET SOUTH OF AERO DR.
(A06-01 JONES & CARTER)
WHEREAS, under Section 272.001, Texas Local Government Code and Article I, Section 7 of
the Charter of the City of Port Arthur, the City has the power to abandon and vacate streets, public
road rights-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 certain streets located in the Fairlea
Addition, City of Port Arthur, Texas; and,
WHEREAS, the City Council held a public hearing on July 5, 2006 at 7:00 p.m., at, er giving
notice to all property owners within 200 feet and publishing notice in the official newspaper of the
City; and,
WHEREAS, the recommendation of the Planning and Zoning Commission has been received
and considered; 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 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.
P.O. NO. 5654
08/18/06
Page 2 of 3
SECTION 2. That the following desccibed public streets in the City of Port Arthur be, and
the same are hereby abandoned, vacated and relinquished to the owners of the abutting property,
as to all rights and interest of the City of Port A~ur therein, to wit:
Dominion Court from a point 205 feet south of Aero Dr.
SECTION 3. That th~s Ordinance is contingent on the following:
Payment to the City of Port Arthur an amount equal to the cost of the right-of-way being
abandoned as determined by a Certified Public Appraiser (cost of the appraisal to be borne by
applicant) and as additional approved by the City Manager by December 31, 2006.
SECTION 4. That the Mayor shall be authorized to execute a Special Warranty deed (in a
form substantially in accordance with Exhibit "A") conveying the abandoned property to
Dominion Court Reai Estate Development Co., Ltd. once the f~mds are received.
SECTION 5. That if any port~on of this Ordinance shall, for any reason be declared invalid by
any court of" competent jurisdiction, such invalidity shall not affect the remaining provisions
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 August, A.D., 2006 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
P.O. NO. 5654
08/18/06
P~e 3 d3
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
APPROVED FOR ADMINISTRATION:
D~ECTOR OF PLANNrNG
EXHIBIT "A"
SPECIAL WARRANTY DEED
Date: August 22, 2006
Grantor: City of Port Arthur, Texas, a municipal corporation
Grantor's Mailing Address (including county) P.O. Box 1089, Port A~ur,
Jefferson County, Texas 77641
Grantee: Dominion Court Real Estate Development Co., Ltd.
Grantee's Mailing Address (including county) 490 Park Street Beaumont
Jefferson County, Texas 77704
Consideration: Dollars and other good and valuable
consideration
Property (including any improvement): That portion of the dedicated right-of-way of
Dominion Court from 205 feet south of the south right-of-way line of Aero Dr.
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.
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.
Executed on the day of A.D., 2006
(iRANTOR:
City of Port Arthur
Mayor
APPROVED AS TO FORM:
City Attomey
ATTEST:
City Secretary
Original to Grantor: City of Port Arthur
Engineedng 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
Oscar Orfiz, 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. 2006,
NOTARY PUBLIC SIGNS ON THIS LINE
NOTARY PUBLIC 1N AND FOR
PRINT NOTARY'S NAME HERE JEFFERSON COUNTY, TEXAS