HomeMy WebLinkAboutPO 5653: A05-01 TOTAL INTERK}FFICE MEMORANDUM
TO:. STEVE FITZGIBBONS, CITY MANAGER
FROM: D.AI.R L. WATSON, DIRECTOR OF PLANNING ~)/V
SUBJECt: P.O. NO. 5653 - ABANDONMENT REQUEST (TOTAL)
DATE: 08/22/06
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5653
be approved. This Ordinance would abandon Grandview Ave and a portion of Holley,
Terrell and Laurel Streets in the Fairlea Addition.
BACKGROUND:
The applicant has requested abandonment of these street rights-of-way to permit the
construction of a parking lot and office building on the adjacent property. Abandonment
of the rights-of-way will permit the contxol of l~affic to and from the TOTAL facility.
BUDGETARY/FISCAL EFFECT:
TOTAL 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. 5653
be approved.
P.O. NO. 5653
08/25/06 DLW
ORDINANCE NO.
AN ORDINANCE ABANDONING, VACATING AND
RELINQUISHING THE GRANDVIEW AVE. RIGHT-OF-WAY,
HOLLEY STREET AND TERRELL STREET RIGHTS-OF-WAY
BETWEEN GRANDVIEW AND LOCUST AND LAURAL
STREET BETWEEN GRANDVIEW AND 146 FEET EAST OF
LOCUST AVE. AND PROVIDING THE EFFECTIVE DATE OF
THIS ORDINANCE.
(A05-01 TOTAL)
WHEREAS, under Section 272.001, Texas Local Government Code and Ar~clc 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 a~andon certain streets located in the Fairlea
Addition, City of Port Arthur, Texas; and,
WHEREAS, the City Council held a public hearing on May 9, 2006 at 7:00 pm, after 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,
P.O. NO. ~653
08/18/06
Page 2 of 3 BE IT ORDAINED BY TIlE CITY COUNCIL OF TIlE CITY OF PORT ARTHUR:
SECTION 1. That thc facts and opinions in thc preamble are true and correct.
SECTION 2. That the following described public streets in thc City of Port Arthur be, and
the same arc hereby abandoned, vacated and relinquished to the owners of the abutting property,
as to all rights and interest of thc City of Port Arthur therein, to wit:
Grandview Ave.;
Holley Street and Terrell Street between Grandview and Locust
Ave.; and
Laural Street between Grandview and 146 feet east of Locust
SECTION 3. That this Ordinance is confingem on thc following:
Payment to the City of Port Arthur an amount to be determined by a Certified Public Appraiser
(cost to be borne by applicant) as additionally approved by the City Manager, by Decernbcr 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 thc abandoned property to TOTAL
Petrochemicals, Inc. once the 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 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 [
P.O. NO. 5653
Page 3 of 3
COUNCILMEMBERS
NOES:
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PLANNING
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 Arthur,
Jefferson County, Texas 77641
Grantee: TOTAL Petrochemical, Inc.
Grantee's Mailing Address (including county) P.O. Box 849 Port Arthur
Jefferson County, Texas 77641-0849
Consideration: Dollars and other good and valuable
consideration
Property (including any improvement): Grandview Ave. from the north right-of-way
line of 39th Street to the south line of 32~ Street; Holley Street and Terrell Street
between Grandvicw and the east right-of-way line of Locust Ave. and Laurel between
Grandview and 145 feet east of Locust Ave.
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 fi'om and exceptions to conveyance and warranty.
Executed on the day of A.D., 2006
GRANTOR:
City of Port Arthur
Mayor
APPROVED AS TO FORM:
City Attomey
ATTEST:
City Secretary
Original to Grantor: City of Port Arthur
Engineering 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 Ortiz, known to me to be the person whose names a~e subscribed to the foregoing
instrument, and acknowledged to me that they executed the same as the act and deed o£
the Cit~ o£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