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Home My WebLink AboutPO 6393: ORD GRANTING ABANDONMENT OF A PORTION OF THE SHREVEPORT AVE RIGHT OF WAY ,••s Department of Development Services Oft of � Division of Planning & Zoning urt rthu ^ /<crcn Ronald"Ron"Burton Director of Development Services MEMORANDUM To: John A. Comeaux, P.E., Interim City Manager From: Ronald Burton, Director of Development Services Date: August 11, 2014 Re: P.O. NO. 6393 — An Ordinance granting an abandonment of a portion of the Shreveport Avenue right-of-way. Presented for City Council consideration and approval is Proposed Ordinance No. 6393 granting an abandonment of a portion of Shreveport Avenue right-of way described as the following: A vacant 20' x 70' (1,400 SF) strip of land described as a portion of Shreveport Avenue right-of-way located along the southerly side of the Fourth Street right-of- way across from the Shreveport Avenue intersection. This request is being made on behalf of Jefferson County for the purpose of constructing a new public health and adult probation facility. A public hearing was held by the Port Arthur City Council on April 15, 2014 at 9 a.m. P.O. NO. 6393 08/11/2014 - PDL Page 1 of 5 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A PORTION OF SHREVEPORT AVENUE RIGHT-OF-WAY IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY MAP AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A14-02 — Jefferson County) 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 the north twenty-foot (20') of the Shreveport Avenue right-of-way adjacent to the southerly side of the Fourth Street right-of-way 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. 6393 08/11/2014 - PDL Page 2 of 5 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 adjacent to the southerly side of the Fourth Street right-of-way 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: The north twenty-foot (20') of the Shreveport Avenue right-of-way adjacent to the southerly side of the Fourth Street right-of-way Port Arthur, Jefferson County, Texas SECTION 3. That the City Manager shall be authorized to execute a Special Warranty Deed conveying the abandoned property to Jefferson County, Texas. SECTION 4. 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 5. That a certified copy of this Ordinance shall be filed for record in the Office of the County Clerk of Jefferson County, Texas. P.O. NO. 6393 08/11/2014- PDL Page 3 of 5 READ, ADOPTED AND APPROVED this day of August, 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" 'zeno, City Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager 411"0-* • Ronald "Ron" Burto ,l'irector of Development Services P.O. NO. 6393 08/11/2014 - PDL Page 4 of 5 EXHIBIT "A" PROPERTY LOCATION: The property is located along the southerly side of 4th Street across 4th Street from the Shreveport Avenue intersection, Port Arthur, Texas 77640 ESTATE APPRAISED: Fee Simple for the surface estate OWNER: Assumed to be the City of Port Arthur CLIENT: City of Port Arthur LAND DESCRIPTION: This parcel of land has an area of 1,400 SF with 70' frontage along the southerly side of 4th Street and a depth of 20'. I understand this is a remnant part of the former Shreveport Avenue right-of-way that was not abandoned when the balance of the right-of-way south of 4th Street was abandoned many years ago. This land is near level and there is a concrete driveway that extends across the land from 4th Street to land to the south of the subject property. However, as an independent parcel of land, the paving does not offer any measurable contributory value. The land is small in size and its narrow depth of 20' tends to render it as an Uneconomic Remnant. According to the FEMA Map on Page 30, the land is in Zone — B; an area outside the 100-year flood plain. All public utilities are available and the land is zoned for commercial uses with a Planned Development (PD) class. P.O. NO. 6393 08/11/2014— PDL Page 5 of 5 • w 0 L1J w ce 20 22 70' Raw m 4th ST. 00 70' William 3„` : Shreveport Avenue Vacate°Ab°ro d Closed, Jefferson Kestler <r — Relinquished By Proposed * E ❑dlinance 6369.Public utility a a g i and stare sever Easenent County . to be reserea >a6o Forney North RIght-ofWAy ea^« Line of Lakeshore Drive LC ctoa.d,Vacated,Abandoned, >'A bj+,c and Relinquished by erdbance _ 72-56 Jefferson - - - - - - - - County Exhibit A REV. DATE DESCRIPTION DWG. APPR. Proposed Ordinanace 6389 Closing, Vacating, Abandoning, and Relinquishing of a Portion of Shreveport Avenue Right—Of—Way. CITY OF PORT ARTHUR, TEXAS abases COB?. °RA. A NOM SSE I'- ZOX Stab L Ndldran APPROVED L M<Maam ouE 2/10/2D14 oea I OT I