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Home My WebLink AboutPO 6503: ABANDONMENT OF A UTILITY EASEMENT FOR THE HUGHEN CENTER, INC. City of =A.,n oft rtltur ler.xus 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. 6503—An Ordinance granting an abandonment of a utility easement for the Hughen Center, Inc. Nature of the request: Attached is P.O. No. 6503 granting an abandonment of a twenty feet (20') wide alley right-of-way located within Tracts 1-A and 1-B, Block 12, Town of Griffing in Port Arthur, Jefferson County, Texas. This request is being made on behalf of The Hughen Center, Inc. for the purpose of allowing the construction of new classrooms. A public hearing was held by the Port Arthur City Council on November 10, 2015 at 6:00 p.m. Staff Analysis/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.6503 10/24/2015 PDL PAGE 1 OF 8 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A TWENTY FEET (20') WIDE UTILITY EASEMENT LOCATED WITHIN TRACTS 1-A AND 1-B, BLOCK 12, TOWN OF GRIFFING, IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A15-02—The Hughen Center, Inc.) 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 twenty feet (20') wide utility easement located within Tracts 1-A and 1-B, 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 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, P.R.NO.6503 10/24/2015 PDL PAGE 2 OF 8 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 utility easement located within Tracts 1-A and 1-B, 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: 0.4959 ACRE (2,000 SF) UTILITY EASEMENT LOCATED WITHIN TRACTS 1-A AND 1-B, 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 SECTION 3. That the City Manager shall be authorized to execute a Special Warranty Deed (in a form substantially in accordance with Exhibit"B") conveying the abandoned property to The Hughen Center, Inc. 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.6503 10/24/2015 PDL PAGE 3 OF 8 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: Debris"Bobbie" Prince, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: I._ _AgrAIIIP Valecia"VAller no, s ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, Ci anager 41417*--AS#4Ronald "Ron" B on, II irector of Development Services P.R.NO.6503 10/24/2015 PDL PAGE 4 OF 8 EXHIBIT "A" CLIENT: HUGHEN CENTER Line Table LINE# BEARING DISTANCE $ L1 N 53'2227 W 20.00' it"' g L2 N 36'37'33"E 100.00' �.1,po' L3 S 53'22'27-E 20.00' 5�~- ,,0 0. ` L4 5 36'37'33'W 100.00' 1pG' . P� f.,Op ' L2 I r PART OF TRACTS 1-A&1-B.REPIAT OF BLL 12. I n 1r — — - TOWN OF GRIFFIN.JZFTTJSON COUNTY p 20'WIDE ALZY tg 0.4959(2000 SQ/FT) I \8Y. `POINT OF BEGINNING L4 I ' N:13914744.25 I ' U 3573714.78 I 1 1 I A. ,,D.6 M1�8?0. 1 IA O?' 8; 1 1 -s 1 I I .( R NSI i co, '''. 9I I � ( I Zvl / 1 P I I I 1hi I Il I S. o 1 I =I ,$ I < W'3 ¢Iti°`P>°69 i I O WI f., I 3$ i �� I 1 cC�' i —�NORTH ROW UNE — S 3617.33"W 248.43'— — — 1 POINT OF COMMENCING (CALLED 5 41 3'00"W 248.50') 1 1 1OUND 360.3TEEL PIPE I N:1}914660.]3• E:3573827.14• 27TH STREET gNOTFS (50'R.O.W. ) j 1. 1195 SURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS, V OR OTHER MATTERS NOT SHOWN. y, 2. THIS SURVEY WAS COMPLETED W1THOU1 THE BENEFIT OF OFA TITLE REPORT. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY THIS PLAT ▪ 3. BEARING,DISTANCES.COORDINATES MID ACREAGE SHOWN ARE BASED ON o STATE PINE COMDINRN 1E GSYSTEM.TEXAS SOUTH-CENTRAL ZONE.NAD83. U.S.SURVEY FEET,(2011 EPOCH). 511511 1111E -Al10JECT ND t. SCALE FACTOR 0.999911201,CONVERGENCE-278'59' EXHIBIT "8" 15-0605 66 REFERENCE SMARINET,NA 0.0459 ACRE OF LAND 3cxL 4D• PROPOSED ABANDONMENT OF UTILITY EASEMENT WITHIN TRACTS 1-A&1-B,BLOCK 12 naI"07� 26/15 TOWN OF GRIFF1NG,F./20T4016268.O.P.R.J.C. NP..4r '''''"1 HUGHEN CENTER CAIOISO DNS 2849 9TH AVENUE AML PORT ARTHUR TEXAS 77642 ��VED ML 3737 Donoo:Dm. ‘,( PRELIMINARY,1145 DOCUMENT SHALL NOT BE RECORDED FOR SSURVEYORS T I�',{�r`J[T Port Art4or.Texas 77642 6 ANY PURPOSE AND SHALL NOT BE USED OR MEWED OR RELIED CNA. 1.LA(i Te1409.963.I 1 • UPON AS A ANAL DOCUMENT. RELEASE DATE ]/z]/15 &ENGINEERS F4.. 05 409.983.20 ANTHONY M. LEGER .000em.,.eNonmm REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 TBFE MI IM•TATS IWN 50+23600 P.R.NO.6503 10/24/2015 PDL PAGE 5 OF 8 EXHIBIT "B" 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, 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): An area of 2,000 SF consisting of a 20' x 100' utility easement located within Tracts 1-A and 1-B, Block 12, 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. 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 P.R.NO.6503 10/24/2015 PDL PAGE 6 OF 8 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 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.6503 10/24/2015 PDL PAGE 7 OF 8 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: The Hughen Center, Inc. 2849 9th Avenue Port Arthur, Texas 77642 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.6503 10/24/2015 PDL PAGE 8 OF 8 EXHIBIT "A" CLIENT: HUGHEN CENTER Line Table UNE/ BEARING DISTANCE g LI N 5322'27'W 20.00' I PG,� g L2 N 36.3733'.E 100.00' o136 '' fi g'� L3 S 53'22'27'E 20.00' 5C' %;'165 0 0 L4 S 3637'33"W 100.00' 0vC' 't� Py L2 ' 1 1 PART OF TRACTS 1-A&1-B.REPLAT OF BUL 12. _J I 7v- —- IN TOWN OF GRIFF ,JV/ERSON COUNTY 20'TIDE ALLEY H / 0.4959(2000 8Q/FT) o L4 / ((l 'POINT OF BEGINNING I N:13914744.25 / E:3573714.78 1 / I L I , P I 1 I o :'� 4A I I 1 031 1 1 w V81 1 I z • <,.. NZI I I CO � I I I 1 v Zi / I J P I I I I 1 ti Ie I < I W T ;I c�NRp1' I I = 3 10A �O' 8 s O R wI �.�OQa Q)40 O 1 g I� x / I - -- f NORTH R.O.W.UNE — —.1'j-36137'3r W 248.43' I 1 (CALLED S 4193'00"W 248.50') POINT OF COMMENCING 1 / ,C2 FOUND 080.STEEL PIPE o N:13914660.73' q 0 3573827.14' 27TH STREET a (50'R.0.8.) I I — I..Q M ISURVEY DOES NOT WARRANT OWNERSHIP.THERE MAY BE EASEMENTS. OR OTHER MATTERS NOT SHOWN. z THIS SURVEY WAS COMPLETED WITHOUT THE 9(14017 OF OF A WILE REPORT. METES AND BOUNDS OF EVEN DATE TO ACCOMPANY THIS PLAT ▪ 3. BEARING,DISTANCES.COORDINATES AND ACREAGE SHOWN ARE BASED ON 2 STATE PLANE COORDINATE CAW SYSTEM.TEXAS SOUTH-CENTRAL ZONE.NA083. �A U.S.SUft1EY FEET,(FOIL EPOCH). 5NEF1 nn[ EXHIBIT B PApI:Ci x10. SCALE FACTOR a0999914201.CONVERGENCE-228'59" 15-0605 REFERENCE SMARTHET,NA LAND0.0459 ACRE OF PROPOSED ABANDONMENT £ DATE UTILITY EASEMENT WITHIN TRACTS 1—A&1-8.BLOCK 12 X.07BY 28/15 TOWN OF GRIFFING,F./2014016268.O.P.R.J.C. 00. $ 0000.01 HUGHEN CENTER CENTERtntOCED BNS 2849 9TH AVENUE AML PORT ARTHUR TEXAS 77642 AP�o�AML R3737 Doctor.Do=o C PREUMINARY.THIS DOCUMENT SHALL NOT BE RECORDED FOR 1 Port Arthur.Texas 77642 � ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED ��i./ Te1409.983.2004 UPON AS A FINAL DOCUMENT. RELEASE DATE 7/27/15 3 ANTHONY M. LEGERSURVEYORS v ENGD�S m�ie.a.. o...m • REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 tr\s\S 7B.PE.PIN One•1.1.5 TAM Flamm