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HomeMy WebLinkAboutORD 6413: ABANDONMENTS OF ALLEY AND STREET RIGHTS-OF-WAY IN PORT ARTHUR, (A14-03-THE HUGHEN CENTER, INC.) INTEROFFICE MEMORANDUM TO: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER AND CITY COUNCIL FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: P.O. NO. 6413 — AN ORDINANCE GRANTING AN ABANDONMENT OF ALLEY AND STREET RIGHTS-OF-WAY TO THE HUGHEN CENTER, INC. DATE: 9/22/2014 BACKGROUND: Presented for City Council consideration and approval is Proposed Ordinance No. 641 3 granting abandonment for approximately 0.5299 acre of land consisting of the following alley and street rights-of way: • 20' wide alley R.O.W. within Block 22, Pear Ridge Subdivision; and, • 10' wide alley R.O.W. within and adjacent to the Old Interurban R.O.W., Block 5, Griffing Addition; and, • 20' wide and 10' wide alley R.O.W. located within and adjacent to the Old Interurban R.O.W., Block 17, Griffing addition; and, • 50' wide street R.O.W. consisting of an unimproved portion of 26th Street adjacent to Blocks 17 and 26, Griffing Addition. The property was appraised on August 21, 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 September 1 6, 2014 at 6 p.m. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: City Council is being requested to consider and approve Proposed Ordinance No. 641 3 granting abandonment for approximately 0.5299 acre of land consisting of alley and street rights-of way. P.O. NO. 6413 09/22/2014- PDL Page 1 of 12 ORDINANCE NO. AN ORDINANCE GRANTING ABANDONMENTS OF ALLEY AND STREET RIGHTS-OF-WAY IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS FOR THE HUGHEN CENTER, INC. PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A14-03 — 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 within Block 22, Pear Ridge Subdivision, a ten feet (10') wide alley right-of-way within and adjacent to the Old Interurban right-of-way, Block 5, Griffing Subdivision, a twenty fee (20') wide and a ten feet (10') wide alley rights-of-way located within and adjacent to the Old Interurban right-of-way, Block 17, Griffing Subdivision and a fifty feet (50') wide right-of-way consisting of an unimproved portion of 26th Street adjacent to Blocks 17 and 26, Griffing Subdivision in Port Arthur, Jefferson County, Texas as delineated in Exhibit "A" and Exhibit "B"; 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, P.O. NO. 6413 09/22/2014- PDL Page 2 of 12 WHEREAS, the City Council held a public hearing on September 16, 2014 at 6:00 p.m., after giving notice to all property owners within 200 feet and publishing notice in the official newspaper of the City; and, 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 Block 22, Pear Ridge Subdivision and Blocks 5, 17, 26 and the Old Interurban right-of-way, Griffing Subdivision 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 31,389 SF consisting of a Twenty feet (20') wide alley right-of-way within Block 22, Pear Ridge Addition, a ten feet (10') wide alley right-of-way within and adjacent to the Old Interurban right- of-way, Block 5, Griffing Addition, a twenty fee (20') wide and a ten feet (10') wide alley rights-of-way located within and adjacent to the Old Interurban right-of-way, Block 17, Griffing Addition and a fifty feet (50') wide right-of-way consisting of an unimproved portion of 26th Street adjacent to Blocks 17 and 26, Griffing Addition Port Arthur, Jefferson County, Texas as described above and shown on the drawing attached hereto as Exhibit "A" and Exhibit "B" and made a part hereof. P.O. NO. 6413 09/22/2014- PDL Page 3 of 12 SECTION 3. That this Ordinance is contingent on the following: Payment to the City of Port Arthur of $1 2,500.00 as determined by Exhibit "C". SECTION 4. That the City Manager shall be authorized to execute a Special Warranty Deed (in a form substantially in accordance with Exhibit "D") 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 September, A.D., 2014 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: CO UNCILMEMBERS: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary P.O. NO. 6413 09/22/2014-PDL Page 4 of 12 APPROVED AS TO FORM: \ff- _ Valecia "Val" Ti eno/ ity Attorney APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager 401111, Ronald "Ron" Burton, Director t velopment Services P.O. NO. 6413 09/22/2014- PDL Page 5 of 12 EXHIBIT "A" 4 4, QP� SCALE: 1' — 100• moo PALCO NORTH 4' 5:Alt. R�•9 t ANTHONy� LEGER 1 : 5481...x:...,, 1A".9.O ,p: r • ti;.. SStQ.•Aka'i • SCiFtVE..' 20' WIDE ALLEY -10' WIDE ALLEY —`- TO BE ABANDONED TO BE ABANDONED 0.0906 ACRE 0.1055 ACRE o I oo�u scan s ununEs URBAN R.O.W n IO o J I - - 1 — �g�ao L - - 1,SM - 5 _It�§a 1— — w 8TH AVENUE — — Sg — — N I I I 1 I li _ en cL I — L 8TH AVENUE g I 0 I I HIK W _ - - - 1 E I I I II--- _© --I V 1- - - - o _ I 1- _ I— - - - o -- ,......_.(2....... co O 4 • ANY M. LEGER REGISTERED PROFESSIONAL D SURVEYOR NO. 5481 ""` EXHIBIT "A" "" � 20' WIDE & 10' MADE ALLEYS �4-0059 v SO1JT ( 3737 Doctors 2004 TO BE ABANDONED 1 = 100' a Port Arthur, to” 77642 24924 a Te1409.983.2004 m SURVEYORS&ENGINEERS Fax_409.983.2005 CITY OF PORT ARTHUR R. CREEL soutexsurveyon.com 8TH AVENUE ocixm Ae ML T.X.L.S. .10123000 � �� PORT ARTHUR. TEXAS 77642 1 or 1 a, P.O. NO. 6413 09/22/2014- PDL Page 6 of 12 EXHIBIT "B" do 16. 4j, P.A.L. CO. NORTH FI I I E L :LK. I- F 20 —J � F ,\` ' . ipp�UL S7 its ``��L. R.( \\\\\ f �NTER�RBAN O.W co CV ---"41.116,40.0.0r44411014 1 O w �\ o w ; o a a :LK. a\ 2 ;`''' ....\u j t; I 1 N v LI\N\o ¢ a h m I a W V N 8TH AVENUE_ O ( 50'R.O.W. ) o - • r 1 TBLK. I r i I I I 16 I I I- ti r O t _ . ANTHONY M.LEGER • 1, ..q 5481 rr S —, �9;�°FESS1'3 OQ( _0 VEy- o ANTHONY M. LEGER _SUR a REGISTERED PROFESSIONAL LAND S.. •R NO. 5481 i SHEET T1111 EXHIBIT °A° 14-0059 O 0.3338 ACRE PROPOSED ABANDONMENT OF SCALE i- 3737 Doctors Drive 26111 STREET 50' WADE RIGHT OF WAY. NTS o Port Arthur,Texas 77642 BETWEEN MK 17 & 26 AND ALLEYS WITHIN 8LK 17 "6/11/14 cc TeL409.983.2004 TOWN OF GRIFFING, VOLUME 3, PAGE 56 MAP RECORDS ouS>t or I SURVEYORS&ENGINEERS Fax 409.983.2005 .. JEFFERSON COUNTY, TEXAS 1,r O . soutersurvegorscom a+O(CT HUGHEN CENTER AML > -. - T.B•v.E.nra 0755 2849 9TH AVENUE 9 .l. FIRM T.x r #10123800 a, CMS WOW PORT ARTHUR, TEXAS 77642 1 of 1 P.O. NO. 6413 09/22/2014— PDL Page 7 of 12 EXHIBIT "C" EXECUTIVE SUMMARY SUMMARY OF SALIENT FACTS AND CONCLUSIONS APPRAISAL TYPE: Narrative Appraisal Report PROPERTY LOCATION: The right-of-ways include unimproved 26th Street right-of-way between 8th Avenue and the Old Interurban R.O.W., and alley R.O.W.'s in Blocks 5, 12 & 22, Town of Griffmg. They are delineated on the surveys on Pages 31-33. ESTATE APPRAISED:Fee Simple for the surface estate OWNER:City of Port Arthur PURCHASER:Hughen Center CLIENT: City of Port Arthur LAND DESCRIPTION: The 26th Street R.O.W. has an area of 0.1818 acre or 7,919 SF. It is 50' and extends easterly from 8th Avenue. There are two alley R.O.W.'s in Block 17. There is a 20' wide alley that has an area of 0.0885 acre or 3,855 SF plus a 10' alley that has an area of 0.0635 acre or 2.766 SF that is in a generally north-south direction. Block— 12 - There is a 20' alley that has an area of 0.1209 acre or 5.266 SF that is in an east-west direction and a 10' wide alley with an area of 0.0698 acre or 3.040 SF that runs in a north-south direction. Block 5 — There is an"L" shaped 10' wide alley that has an area of 0.1055 acre or 4,596 SF. Block 22 — There is a 20'wide alley that has an area of 0.0906 acre or 3.947 SF. The combined area for all the right-of-ways is 31,389 SF. All are unimproved but have some all-weather surfacing and the 26th Street ROW is partially wooded. According to the FEMA Map on Page 35,the land is in Zone —B; an area outside the 100-year flood plain. The Zoning Map on Page 34 indicates the land is zoned for Two Family Residential uses. The shape and configuration of the various 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: Individual Uneconomic Remnants RECONCILED MARKET VALUE OPINION $12,500 EFFECTIVE DATE OF APPRAISAL: August 21,2014 DATE OF REPORT:August 28,2014 P.O. NO. 6413 09/22/2014—PDL Page 8 of 12 •' M AERIAL P'* OTa O GRAH • � ice7"Y! i�~M.�f,x z s .or - ; !z . x :.r' t J v .fi .zG a - 0"\. , l ry • a .» r ' i , NA �/ i r A,f" / "` , ;• \AL,,,., 4 , . ., ,. IS, !.:20, ,,,,, . t �7`-e a The photo is believed to be a couple years old but still representative of the subject property and surrounding land uses. The red lines were drawn for general illustrative purposes only and not intended to represent exact boundary lines. Presented on Pages 36-39 are various current photos of the property. P.O. NO. 6413 09/22/2014- PDL Page 9 of 12 EXHIBIT " D " 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: September 29, 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 7764 1-1 089 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 31,389 SF consisting of a twenty feet (20') wide alley right-of-way within Block 22, Pear Ridge Addition, a ten feet (10') wide alley right-of-way within and adjacent to the Old Interurban right-of-way, Block 5, Griffing Addition, a twenty fee (20') wide and a ten feet (10') wide alley rights-of-way located within and adjacent to the Old Interurban right-of-way, Block 17, Griffing Addition and a fifty feet (50') wide right-of-way consisting of an unimproved portion of 26th Street adjacent to Blocks 17 and 26, Griffing Addition 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. 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 Return to: Original to Grantee: The Hughen Center, Inc. 2849 9th Avenue, Port Arthur,TX 77642 Copy to Grantor: City of Port Arthur,Office of the City Secretary P.O. Box 1089, Port Arthur TX 77641-1 089 EXHIBIT "A" LAND DESCRIPTION: The 26th Street R.O.W. has an area of 0.1818 acre or 7,919 SF. It is 50' and extends easterly from 8th Avenue. There are two alley R.O.W.'s in Block 17. There is a 20' wide alley that has an area of 0.0885 acre or 3,855 SF plus a 10' alley that has an area of 0.0635 acre or 2,766 SF that is in a generally north-south direction. Block— 12 - There is a 20' alley that has an area of 0.1209 acre or 5,266 SF that is in an east-west direction and a 10' wide alley with an area of 0.0698 acre or 3,040 SF that runs in a north-south direction. Block 5 — There is an "L" shaped 10' wide alley that has an area of 0.1055 acre or 4.596 SF. Block 22 — There is a 20' wide alley that has an area of 0.0906 acre or 3,947 SF. The combined area for all the right-of-ways is 31,389 SF. All are unimproved but have some all-weather surfacing and the 26th Street ROW is partially wooded. According to the FEMA Map on Page 35, the land is in Zone — B; an area outside the 100-year flood plain. The Zoning Map on Page 34 indicates the land is zoned for Two Family Residential uses. The shape and configuration of the various 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. PROPERTY IDENTIFICATION: Legal-I have relied on the surveys on Pages 31-33 as the basis for the property descriptions. Local Address—No physical street addresses were provided for any of the parcels. They are all in the Hughen Center Complex that has a primary address of 2849 Ninth Avenue, Port Arthur, 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