HomeMy WebLinkAboutPO 5238 LAKESHORE DRIVE R-O-WINTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
STEVE FITZGIBBONS, CITY MANAGER
DALE L. WATSON, DIRECTOR OF PLANNING
P.O. NO. 5238 - STREET ABANDONMENT (LAKESHORE DR./NORTH
OF "EYEBROW")
01/17/02
RECOMMENDATION:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5238
be approved. This Ordinance would abandon, vacate and relinquish that portion of
Lakeshore Dr. north of the "eyebrow" in the 1500-1700 block o£ Lakeshore to Lamar
State College.
BACKGROUND:
Lamar State College has requested that a portion of Lakeshore Dr. north of the easterly
"eyebrow" in the 1500 - 1700 block be closed and abandoned to permit the construction
of a performing arts building (see attached memo).
The Planning and Zoning Commission voted at its meeting of January 14, 2002 to
recommend to the City Council that the request be approved.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
The Planning and Zoning Commission recommends that Proposed Ordinance No. 5238
vacating and abandoning a portion of Lakeshore Dr. be approved.
P.O. No. 5238
01/17/02 DLW
ORDINANCE NO.
AN ORDINANCE ABANDONING, VACATING AND
RELINQUISHING A PORTION OF THE
LAKESHORE DR. RIGHT-OF-WAY NORTH OF THE
"EYEBROW" IN THE 1500 - 1700 BLOCK TO
LAMAR STATE COLLEGE AND PROVIDING THE
EFFECTIVE DATE OF THIS ORDINANCE.
V~IEREAS, 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 right-of-ways, 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, that dedicated right-of-way of Lakeshore Dr. lying north of the arc shaped
tract of land marked "D' out of and a part of Lakeshore Park as shown on the map of Port
Arthur, recorded in Volume 1, Page 50, Map Records of Jefferson County, Texas. Said
portion of Lakeshore Drive being located south of Lots 6 through 12, Block 154 and north of
heretofore mentioned tract "D".
WHEREAS, a request has been received fi.om Lamar State College that the referenced
right-of-way be abandoned; and,
WHEREAS, the City Council held public hearings on October 30, 2001 and November
27, 2001 after giving written notice to all property owners in 200 feet and publishing notice
in the official newspaper of the City; and,
P.O. NO. 5238
o~/zT/O~
Page 2 of 4
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; and,
WHEREAS, the City can also donate land to an institution of higher education to
promote a public purpose related to higher education; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
Section 1. The following described public right-of-way in the City of Port Arthur be, and
the same is hereby abandoned, vacated and relinquished to Lamar State College, as to all
rights and interest of the City of Port Arthur therein, to-wit:
Being a portion of the 70 foot wide Right-Of-Way of Lakeshore Drive that is
situated north of the arc shaped tract of land marked "D" east of Stilwell Boulevard,
out of and a part of Lakeshore Park as shown on the map of Port Arthur, Recorded
in Volume 1, Page 50, Map Records of Jefferson County, Texas. Said portion of
Lakeshore Drive located south of lots 6 through 12, Block 15 and north of the
heretofore described arc shaped tract "D".
Section 2. That the Mayor shall be authorized to execute a Special Warranty deed (in
form substantially in accordance with Exhibit "A") conveying the abandoned property to
Lamar State College on the effective date of this Ordinance.
Section 3. This being an Ordinance not requiring publication it shall be in full rome 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.
P.O. NO. 5238
01/17/01
Page 3 of 4
Section 5. 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. As required by Section 7 of Article 14 of the City Charter, this Ordinance must
be passed by an affirmative vote of two-thirds (2/3) of all members of the City Council (i.e.,
at least six (6) of the nine (9) Councilmembers must vote in the affirmative).
READ, ADOPTED AND APPROVED this day of January, A.D., 2002, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
ATTEST:
City Secretary
APPROVED AS TO FORM:
Mayor
City Attorney
P.O. NO. 5238
01/17/01
Page 4 of 4
APPROVED FOR ADMINISTRATION:
City Manager
~irector of Planning
EXHIBIT "A'
P.O. NO. 5238
SPECIAL WARRANTY DEED
Date: January 22, 2002
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: Lamar State College
Grantee's Mailing Address (including county) P.O. Box 310, Port Arthur
Jefferson County, Texas 77643-0310
Consideration: Ten Doliars and other good and valuable consideration
Property (including any improvement): Being a portion of the 70 foot wide Right-Of-Way of
Lakeshore Drive that is situated north of the arc shaped tract of land marked "D" east of Stilwell
Boulevard, out of and a part of Lakeshore Park as shown on the map of Port Arthur, Recorded in
Volume 1, Page 50, Map Records of Jefferson County, Texas. Said portion of Lakeshore Drive
located south of lots 6 through 12, Block 15 and north of the heretofore described arc shaped tract "D"
as shown on Exhibit "A".
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.
That such property shall be used for the construction of a performing arts building
and adjacent parking.
Grantor, for the consideration and subject to the reservations f~om 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, when the claim is by, through, or under Grantor, but
not otherwise.
Executed on the __ day of A.D., 2002.
GRANTOR:
City of Port Arthur
APPROVED AS TO FORM:
Mayor
City A~omey
ATTEST:
City Secretary
Original to Gramee: Lamar State College
P.O. Box 310
Port Arthur TX 77641-0310
Copy to Grantor: City of Port Arthur
Engineering Department
P.O. Box 1089
Port Arthur TX 77641
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 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 UNER MY HAND AND SEAL OF OFFICE, this the __ day of ., A.D. 2002.
PRINT NOTARY'S NAME HERE
NOTARY PUBLIC SIGNS ON THIS LINE
NOTARY PUBLIC IN AND FOR
JEFFERSON COUNTY, TEXAS
Exhibit "A"
%,,
)ROW W LSON
R. HIGH SCHI
STREET o
I $70'
i00' ,, - ~ ... ........ I00' 40'
~ 12 ~ - ~ ~ ,
35Q~
DRIVE '
CHANNEL
PARK
U A//Y£~;'SI T}/. ,z~OP£
~40°40~3d'W 7~,~ 74'
~%~tTF'w z,~.~A ~
)OL [~