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Home My WebLink AboutPO 6502: ABANDONMENT OF TAFT AVE STREET RIGHT OF WAY FOR KANSAS CITY SOUTHERN RAILWAY CO. `' Y i City of - 0.p (Ali lilL 1eWS INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: November 24, 2015 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services RE: P.O. No. 6502 — An Ordinance granting an abandonment of a portion of the Taft Avenue street right-of-way for Kansas City Southern Railway Company Nature of the request: Attached is P.O. No. 6502 granting an abandonment of a portion of the Taft Avenue Right-of-Way described as 70' x +/-4,140' (289,718 SF) of land consisting of an unpaved portion of Taft Avenue right-of-way located south of the Procter Street Extension. This request is being made on behalf of Kansas City Southern Railway Company for the purpose of limiting public access for safety reasons due to industrial development. A public hearing was held by the Port Arthur City Council on November 10, 2015 at 6:00 p.m. StaffAnalysis/Considerations: None Recommendation: The Planning and Zoning Commission recommended approval of this request. Budget Consideration:None "Remember we are here to serve the Citizens of Port Arthur" P.O. BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 P.O.NO.6502 10/24/2015 PDL PAGE 1 OF 11 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A PORTION OF TAFT AVENUE RIGHT-OF-WAY IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A15-01 —KCS Railway Company) 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, 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 typical street right-of-way with a width of 70' and a length of+/-4,140' located south of Procter Street Extension 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 November 10, 2015 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, P.R.NO.6502 11/24/2015 PDL PAGE 2 OF 11 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 right-of-way located south of Procter Street Extension 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: 6.651 ACRES (289,718 SF) OF LAND CONSISTING OF A 70' X+/-4,140' PORTION OF TAFT AVENUE RIGHT-OF-WAY LOCATED SOUTH OF PROCTER STREET EXTENSION 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 Kansas City Southern Railway Company provide a replacement easement acceptable to the Jefferson County Drainage District No. 7 (DD #7) for ingress/egress and from the District's Hurricane Flood Protection Levy (HFPL), as depicted in Exhibit"B". SECTION 3. 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 Kansas City Southern Railway Company. 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. P.R.NO.6502 11/24/2015 PDL PAGE 3 OF 11 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 December, A.D., 2015 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, TRMC, City Secretary APPROVED AS TO FORM: -- nn ,..vZ Valecia"Val" izeno, q., City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager 4011Ib--* 41.$7,) Ronald "Ron" Burt. , I rector of Development Services P.R.NO.6502 11/24/2015 PDL PAGE 4 OF 11 EXHIBIT "A" APPRAISAL TYPE: Appraisal Report PROPERTY LOCATION: The Subject Property is part of the Taft Avenue Right-of-Way that is south of the Procter Street Extension intersection and south of a pipe frame gate and fence that secures it from public access, Port Arthur, Texas 77640 ESTATE APPRAISED: Fee Simple for the surface estate OWNER: City of Port Arthur CLIENT: City of Port Arthur LAND DESCRIPTION: The right-of-way has an area of 6.651 acres or 289,718 SF. It has a typical street right-of-way shape with a width of 70' and a length of+1-4,140'. It dead-ends into the Sabine-Neches Ship Channel. There are not any improvements to the land other than a mix of what appears to be gravel, slag and shell surfacing for the two-lane road bed. The asphalt paving section of Taft Avenue ends at the aforementioned pipe gate. On either side of the paved area are open ditches for drainage. According to the map on Page 37, it is zoned for industrial uses. The FEMA Map on Page 36 indicates the land is in Zone— B; an area outside the 100-year flood plain. Adjoining uses include a large acreage vacant tract to the northeast, an industrial facility to the southwest, the Sabine-Neches Ship Channel to the east and improved Taft Avenue right-of-way to the west. HIGHEST AND BEST USE: Remnant industrial tract due to the narrow width and elongated length P.R.NO.6502 11/24/2015 PDL PAGE 5 OF 11 AERIAL PHOTOGRAPH k , „... „;,,,,..,_ .--*._.., „le: < y 4 a I< ,' ,,,t / f . all.1 _,_. AeN,........, .. 40 C S.. 4 1!IS,i‘, 1, / , ' J i , t r' �. Ot'ft [l f':ii til 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 38 & 39 are various current photos of the property. P.R.NO.6502 11/24/2015 PDL PAGE 6 OF 11 EXHIBIT "B" ......____.... ____ V 1 ( t' TOM•10••••4.0.Yarn l';i:C! 1 , , L 1 4 g ; I t,i, 411 It titi t , - I _• !-,t ii i!i iii!! • I 8 • . , 3 ISI;,•;; ,• • tz 0'•';-? -- ‘ ,1 • •, i ! t; f i- i!ii thi i 1 1 i ii - V) . 7 ; ,A. 3111111111gil ? 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'1 '':11 1 . 1 :II 1 ! t1 • 1 1 ! 11 !I Olt II !ill P.R.NO.6502 11/24/2015 PDL PAGE 7 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: December , 2015 Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address (including county) P.O. Box 1089, Port Arthur, TX 77641-1089 Grantee: Kansas City Southern Railway Company Grantee's Mailing Address (including county): P.O. Box 219335 Kansas City, MO 64121-9335 Consideration: Ten ($10.00) Dollars and other good and valuable consideration. Property (including any improvement): An area of 6.651 acres (289,718 SF) consisting of a 70' x +1-4,140' portion of Taft Avenue Right-of-Way located south of Procter Street Extension 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. In accordance with Section 94-384 of the Code of Ordinances, the Jefferson County Drainage District No. 7 (DD #7) shall be provided a replacement easement acceptable to DD #7 for ingress/egress and from the District's Hurricane Flood Protection Levy (HFPL), as depicted in Exhibit "A". 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, P.R.NO.6502 11/24/2015 PDL PAGE 8 OF 11 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 December, A.D., 2015. GRANTOR: City of Port Arthur, Texas Brian McDougal, City Manager APPROVED AS TO FORM: Valecia"Val" Tizeno, Esq., City Attorney ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.6502 11/24/2015 PDL PAGE 9 OF 11 ACKNOWLEDGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian McDougal, 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 December, A.D. 2015. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME HERE Original to Grantee: Kansas City Southern Railway Company P.O. Box 219335 Kansas City, MO 64121-9335 Certified Copy to Grantor: City of Port Arthur, Office of the City Secretary P.O. Box 1089, Port Arthur TX 77641-1089 P.R.NO.6502 11/24/2015 PDL PAGE 10 OF 11 EXHIBIT "A" ... 1_,. 1 1 / f .. ; . ;.. _...„.... ,„,........ - « , -; - 1 I I I /1} filiiiiiii ! i ! , S :! qt0i11111 ' h ' ig ‘,.;;i;;;;; • I! 1 0 Di il;; ,1 •g • , ,, ' n flii !Hi i , gg . ,• • _ ,,. . . , •• : ,•.t: • ; , ':•,e4k.- ,i„ C•Ixtrrtri3t;mt , -1.A Si.,..,a a 1 1 I 71.1#1:1.•1, 14 t ' k ' '" ---- tiMilliffillOttliOtt ,.. I \ :t 0 Aiiiii .1 . '.1 $1 .,. V 0 Ti. i i t ,-;,. •1,-,i!4 - ' i ,i,?: .1, 1.:0•!,111 At ig,. ,r, 21..Lir .. •..!, ;• I 1)111i)z i•!tio A'tr.1.:1 ;;,',;;t ,,tg. .,,,;fil rim• g,!gg Is, • :,gt 1.11EIM tVillri'lliiiiii •ra A 1 t s 1• -i! iiqt Zift ilitibthil . 02.01 ; 15— 1 'I i -. 1 i'22il'' '''l 9.1t 4.:i icri;ii g 1 i i g g gm.,g ., ...alt. ' 1 01100EI ; a rell 441 1 a f a a I a h i i 1 II it it I MI ti 1 1 lliii 111.111;:b V!Mil 1.• ,. OREM i .„ 110 . Ili . Al : g ; u, -. - 4. .to;..• Of li II ii it; III III 1 III Id II tip it !if! 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