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HomeMy WebLinkAboutPO 5687: STONEGATE MANOR INTEROFFICE MEMORANDUM TO:. STEVE FITZGIBBONS, CITY MANAGER mtOM: D.A!.F.L. WATSON, DIRECTOR OF PLANNING ~/4/ suBl£cr: P.O. NO. 5687 - ABANDONMENT- (ITEX) D~,IF~ 10/16/06 RECOMMENDATION: I recommend that Proposed Ordinance No. 5687 be approved. This Ordinance would abandon an existing access and utility easement in Stonegate Manor Section Two "B" upon the dedication of a replacement right-of-way and utility easements. BACKGROUND: The applicant is proposing to develop an office park on this property. He is proposing to dedicate a street right-of-way and two fifteen (15) foot utility easements for this development. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend that Proposed Ordinance No. 5687 be approved. P.O. NO. 5687 10/17/06 DLW ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING THE 1.461 ACRE ACCESS AND UTILITY EASEMENT LOCATED IN UNRESTRICTED RESERVE "B", STONEGATE MANOR, SECTION TWO "B" AND PROVIDING FOR THE DEDICATION OF A REPLACEMENT RIGHT-OF-WAY AND EASEMENTS AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. 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 thc City of Port Arthur; and, WHEREAS, Itex Professional Park, LLC/ Ike Akbari wishes to develop this tract of land located in Stonegate Manor, Section Two "B"; and, WHEREAS, a plat has been submitted to the City of Port Arthur's Planning Department wherein a thirty (30') foot right-of-way and two fifteen foot (15') foot wide utility easements will be dedicated in exchange for the abandonment and vacation of the existing access and utility easement, and; WHEREAS, the City Council has reviewed the request and found it to be in the best interest of the public to grant the Itex Professional Park, LLC/Ike Akbari request; and, WHEREAS, all requirements of Article V (Abandoning and Vacating Streets, Alleys and Easements, etc) of Chapter 94 have been satisfied except as follows: 1. $200.00 Administrative fee; and P.O. NO. 5687 10/17/06 Page 2 of 4 2. Planning and Zoning reconnxnendation; and 3. Public Hearing; and 4. Appraisal of land value; WHEREAS, the following facts justify waiver of the requirements not satisfied: 1. The timely abandonment and vacation of subject unoccupied easement and the granting of a new easement will allow development to occur on the property. 2. The abandonment and vacation of subject access and utility easement and the right-of-way and utility easements to be granted are acceptable to all utility companies 3. The property through which the subject utility and access easement is to be abandoned and vacated, and the new right-of-way and utility easement to be granted is under the sole ownership of Itex Professional Park, LLC/Ike Akbari; WHEREAS, the City Council finds there is sufficient justification as set out above for waiving the above described requirements which have not been satisfied and said requirements are waived 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 following described public utility easement in the City of Port Arthur, Texas be and are hereby abandoned and vacated as to all rights for the purpose of the installation of public utilities, to-wit: Being the 1.461 acre utility and access easement in Unrestricted Reserve "B', Stonegate Manor, Section Two "B', as shown on the drawing attached hereto, marked as Exhibit "A". Provided, however, the foregoing abandonment and vacation of the above easement shall not be effective unless and until the replacement right-of-way and utility easements described in Section P.O. NO. 5687 10/17/06 Page 3 of 4 2 has been dedicated by plat and the plat has been approved and accepted by the proper City anthodfies and filed for record. SECTION 2. That in exchange for the abandoning and vacating of the 10461 utility and access easement located in Unrestricted Reserve B, Stonegate Manor Section Two "B", the Planning depamnent is hereby authorized to approve the plat as presented by Itex Professional Park, LLC/Ike Akbari, wherein a thirty (30') foot right of way and two fifteen (15') foot wide utility easements are shown on the drawing attached hereto, marked as Exhibit "A". SECTION 3. That this being an Ordinance not requiring publication it shall be in full force and effect from and after its passage. SECTION 4. A certified copy of this ordinance shall be filed for record in the office of the County Clerk~of Jefferson County, Texas. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any corot of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. REAI~, ADOPTED AND APPROVED this __ day of October, 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..~687 10/17/06 Page 4 of 4 ATTEST: MAYOR CITY SECRETARY APPROVED AS TO FORM: (SFF ~'~INI:TI~FNTIAI IqFIqfD CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER EXHIBIT "A'