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HomeMy WebLinkAboutPO 6381: ABANDONMENT OF A 20' WIDE ALLEY RIGHT-OF-WAY AND A 10' WIDE ALLEY RIGHT-OF-WAY Department of Development Services 4 , f - - Division of Planning & Zoning art ril Texus Ronald "Ron" Burton Director of Development services MEMORANDUM To: John A. Comeaux, P.E., Interim City Manager From: Ronald Burton, Director of Development Services d * Date: May 1, 2014 Re: P.O. NO. 6381 — An Ordinance granting an abandonment of alley rights -of -way to the Hughen Center, Inc. Presented for City Council consideration and approval is Proposed Ordinance No. 6381 granting an abandonment of a twenty feet (20') wide alley right -of -way and a ten feet (10') wide alley right -of -way located within and adjacent to the Old Interurban right -of -way, Block 12, Town of Griffing in Port Arthur, Jefferson County, Texas. The property was appraised on March 7, 2014 by Bishop Real Estate Appraisers, Inc. using the "fee simple for the surface estate." A public hearing was held by the City Council on April 15, 2014 at 9 a.m. P.O. NO. 6381 04/24/2014 - PDL Page 1 of 11 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A TWENTY FEET (20') WIDE ALLEY RIGHT -OF -WAY AND A TEN FEET (10') WIDE ALLEY RIGHT -OF -WAY LOCATED WITHIN AND ADJACENT TO THE OLD INTERURBAN RIGHT -OF -WAY, BLOCK 12, TOWN OF GRIFFING, IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A14 -01 — The Hughen Center, Inc.) 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 rights -of -way, alleys and easements, subject to the provisions of Article VI, Chapter 94 of the Code of Ordinances of the City of Port Arthur (Abandoning and Vacating City Streets, Alleys and Easements; Conveying, Selling and Exchanging City Land); and, WHEREAS, a request has been received to abandon a twenty feet (20') wide alley right- of-way and a ten feet (10') wide alley right -of -way located within and adjacent to the Old Interurban right -of -way, Block 12, Town of Griffing in Port Arthur, Jefferson County, Texas as delineated 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. Similarly all other utility companies retain existing easements; 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; and, WHEREAS, the City Council held a public hearing on April 15, 2014 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, P.O. NO. 6381 04/24/2014 - PDL Page 2 of 11 WHEREAS, recommendation of approval from 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. SECTION 2. That the following described platted and developed rights -of -way located within and adjacent to the Old Interurban right -of -way, Block 12, Town of Griffing in Port Arthur, Jefferson County, Texas 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: Combined area of 11,306 SF consisting of a Twenty (20') feet wide alley right -of -way and a Ten (10') feet wide alley right -of -way located within and adjacent to the Old Interurban Right -of -Way, Block 12, Town of Griffing Port Arthur, Jefferson County, Texas as described above and shown on the drawing attached hereto as "Exhibit "A" and made a part hereof, provided, however, that a 2,000 SF (20' width X 100' depth) portion of said alley, adjacent to the 8th Avenue street right -of -way, vacated, abandoned for street purposes is hereby retained as an easement for all public utility (including, without limitation, water and sewer, gas, cable, and electricity) and storm drainage purposes, it being hereby intended that all other rights and uses shall be subordinate to such easement for public purposes. SECTION 3. That this Ordinance is contingent on the following: Payment to the City of Port Arthur of $3,400 as determined by Exhibit "B ". P.O. NO. 6381 04/24/2014 - PDL Page 3 of 11 SECTION 4. That the City Manager shall be authorized to execute a Special Warranty Deed (in a form substantially in accordance with Exhibit "C ") conveying the abandoned property to The Hughen Center, Inc. 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 May, A.D., 2014 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia "Val" Tize o, City Attorney P.O. NO. 6381 04/24/2014 - PDL Page 4 of 11 APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager Ronald "Ron" Burton, Director of Development Services P.O. NO. 6381 04/24/2014 - PDL Page 5 of 11 EXHIBIT "A" . , �. — f v ' ‘,.N...'� A / - '' ' s t -N. - 4 It 4 • . ,, r n w , r f • r M 1 , i .4%1: , Sg - � � �, /- ..-40ir a � \� €- 7 s ce . P.O. NO. 6381 04/24/2014 - PDL Page 6 of 11 EXHIBIT "B" EXECUTIVE SUMMARY SUMMARY OF SALIENT FACTS AND CONCLUSIONS APPRAISAL TYPE: Narrative Appraisal Report PROPERTY LOCATION: The property is located in Block 12, Town of Griffing. It's southerly boundary is 27 Street, 8th Avenue is the westerly boundary, Ninth Avenue is the easterly boundary and the Hughen School is along the northerly line across the closed 28 Street right -of -way, Port Arthur, Texas 77640. The subject property consists of two platted and developed alley right -of -ways. ESTATE APPRAISED: Fee Simple for the surface estate. OWNER: City of Port Arthur CLIENT: City of Port Arthur LAND DESCRIPTION: The subject property consists of two platted and developed alley right - of -ways within Block 12, Town of Griffmg. According to the survey on Page 29, the two have a combined area of 8,306 SF. One alley that extends from 8th to 9 Avenues is 20' wide and the alley from 27 to "closed" 28 Street is 10' wide. Both are cleared and have some all- weather surfacing. According to the FEMA Map on Page 30, the land is in Zone — B; an area outside the 100 -year flood plain. The Zoning Map on Page 31 indicates the land is zoned for two Family Residential uses. The shape and configuration of the two right -of -ways severely limit their overall utility and they are not adequately shaped for independent use. They would have utility only in conjunction with an adjoining property that would create a better shape and size for independent use. HIGHEST AND BEST USE: Uneconomic Remnant RECONCILED MARKET VALUE OPINION $3,400* *Subject to the Extraordinary Assumptions outlined on Page 4. EFFECTIVE DATE OF APPRAISAL: March 7, 2014 P.O. NO. 6381 04/24/2014 - PDL Page 7 of 11 4 DATE OF REPORT: March 10, 2014 ESTIMATED EXPOSURE TIME: It is estimated at one year or less with the most likely purchaser being an adjoining property owner. If an adjoining property owner does not acquire the land, the estimated exposure time would likely be several years. SALES HISTORY: USPAP requires the appraiser to report and analyze any sales of the Subject Property over the last three years. Any current listings and /or pending sales should also be disclosed and discussed. The following is a summary available to the appraiser from public sources. The sales history, if relevant, will be discussed in the Reconciliation section of the report. The property has not been offered for sale nor has there been a sale within the last three years. The adjoining property owner has requested the right -of -ways be abandoned/sold so they can expand the Hughen School campus. I understand this appraisal report is to be used as a value basis for the possible sale. Therefore, there was not any recent sales history that was available for review and analysis. SPECIAL FACTORS INCLUDED IN THIS ANALYSIS AND VALUATION (These assumptions, if any, may impact the value of the real estate): Extraordinary Assumptions: I have assumed the City of Port Arthur owns 100% of the surface estate and the City will retain any existing utility easements that may now be in -place within the boundaries of the two alley right -of -ways. Hypothetical Conditions: None This term is very important to this analysis: Remnant: A remainder that has negligible economic utility or value due to its size, shape, or other detrimental characteristics; also called uneconomic remnant. Source: "The Dictionary of Real Estate Appraisal, 5 Edition ", Page 167, published by the Appraisal Institute. P.O. NO. 6381 04/24/2014 - PIDL Page 8 of 11 EXHIBIT "C" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE 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. SPECIAL WARRANTY DEED Date: May , 2014 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 -1089 Grantee: The Hughen Center, Inc. Grantee's Mailing Address (including county): 2849 9th Avenue Port Arthur, Texas 77642 Consideration: Ten ($10.00) Dollars and other good and valuable consideration. Property (including any improvement): A combined area of 1 1,306 SF consisting of a 20' wide alley right -of -way easterly fronting 8th Avenue between 27th and 28th Street and a 10' wide alley right -of -way northerly fronting 27th Street between 8th and 9th Avenues, Block 1 2, Town of Griffing in Port Arthur, Jefferson County, Texas, as shown in Exhibit "A ". 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 reserves 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, and hereby described as: 2,000 SF (20' width X 100' depth) portion of said alley, adjacent to the 8th Avenue street right -of -way, vacated, abandoned for street purposes is hereby retained as an easement for all public utility (including, without limitation, water and sewer, gas, cable, and electricity) and storm drainage purposes, it being hereby intended that all other rights and uses shall be subordinate to such easement for public purposes. 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., 2014. GRANTOR: City of Port Arthur, Texas John A. Comeaux, P.E., Interim City Manager APPROVED AS TO FORM: Valecia "Val" Tizeno, City Attorney ATTEST: Sherri Bellard, City Secretary ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, the undersigned Notary Public, on this day personally appeared John A. Comeaux, P.E. Interim City Manager 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. 2014. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME HERE Original to Grantor: City of Port Arthur, Office of the City Secretary P.O. Box 1089, Port Arthur TX 77641 -1089 EXHIBIT "A" LAND DESCRIPTION: The property consists of two platted and developed alley right -of -ways within Block 1 2, Town of Griffing. The two have a combined area of 1 1,306 SF. One alley that extends from 8t" to 9th Avenues is 20' in width and the alley from 27t" to "closed" 28t" Streets is 10' in width. Both are cleared and have some all- weather surfacing. According to the FEMA Flood Hazard Map No. 4854990035E, the land is in Zone — B; and area outside the 1 00 -year flood plain. The Official Zoning Map of the City of Port Arthur indicates the and is zoned for Two - Family Residential uses. PROPERTY IDENTIFICATION: Legal: No metes and bounds description was provided. Local Address: The property consists of two alley rights -of -way and no physical street address. The 20' wide alley fronts the easterly 8t" Avenue between 27t" and 28t" Street and the 10' alley fronts the northerly side of 27th Street between 8t" and 9th Avenues, Port Arthur, Jefferson County, Texas 77642. Census Tract: 48245 - 0103.00 Provided by: BISHOP REAL ESTATE APPRAISERS, INC. Jimmy W. Bishop, MAI, SRA State Certified #TX- 1320188 -G General Real Estate Appraiser