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Home My WebLink AboutPO 6504: ABANDONMENT OF A PORTION OF A STREET AND ALLEY RIGHTS OF WAY City of of rrliu Texas 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. 6504—An Ordinance granting abandonment of a portion of a street and alley rights-of-way Nature of the request: Attached is P.O. No. 6504 granting an abandonment for approximately 0.6543 acre of land (28,500 SF) consisting of a 60' x 430' (25,800 SF) portion of the unimproved 17th Street Right-of-Way and a 20' x 135' (2,700 SF) portion of the adjacent Alley Right-of-Way located between Gulfway Drive (A.K.A. S.H. 87) and Dryden Road Extension, west of 9th Avenue in Port Arthur, Jefferson County, Texas. This request is being made on behalf of Magna Properties, LTD for future development of an Express Mart convenience store, owned and operated by Tri- Con, Inc. A public hearing was held by the Port Arthur City Council on November 10, 2015 at 6:00 p.m. Staf fAnalysis/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.6504 10/24/2015 PDL PAGE 1 OF 9 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A SIXTY FEET (60') WIDE PORTION OF THE 17TH STREET RIGHT-OF-WAY AND A TWENTY FEET (20') WIDE ALLEY RIGHT OF WAY LOCATED BETWEEN GULFWAY DRIVE [A.K.A. S.H. 87] AND DRYDEN ROAD EXTENSION, WEST OF 9TH AVENUE IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A15-03—Magna Properties, LTD) 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 0.6543 acre of land consisting of a 60' x 430' (25,800 SF) portion of the unimproved 17th Street Right-of-Way and a 20' x 135' (2,700 SF) portion of the adjacent Alley Right-of-Way located between Gulfway Drive [A.K.A. S.H. 87] and Dryden Road Extension, west of 9th Avenue 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, P.R.NO.6504 10/24/2015 PDL PAGE 2 OF 9 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, 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 rights-of-way located between Gulfway Drive [A.K.A. S.H. 87] and Dryden Road Extension, west of 9th Avenue 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: 0.6543 (28,500 SF) ACRE OF LAND CONSISTING OF A 60' X 430' (25,800 SF) PORTION OF THE UNIMPROVED 17TH STREET RIGHT-OF-WAY AND A 20' X 135' (2,700 SF) PORTION OF THE ADJACENT ALLEY RIGHT-OF-WAY 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. P.R.NO.6504 10/24/2015 PDL PAGE 3 OF 9 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 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: \cl 1, Vaia` (4►' z o, q., City Attorney P.R.NO.6504 10/24/2015 PDL PAGE 4 OF 9 APPROVED FOR ADMINISTRATION: Brian McDougal, Cit anager 0014 z/ Ronald"Ron" Burton, 'r i ector of Development Services P.R.NO.6504 10/24/2015 PDL PAGE 5 OF 4 EXHIBIT "A" a ` 'jam'"`�• w,�. '1 .' 4 m N. '•• • i/ ./ f ' . .•,- , .:40040. 1 i 4 1 ° _ 19 4 w P.R.NO.6504 10/24/2015 PDL PAGE 6 OF 9 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: Magna Properties, LTD Grantee's Mailing Address (including county): P.O. Box 20555 Beaumont, Texas 77720 Consideration: Ten($10.00) Dollars and other good and valuable consideration. Property (including any improvement): An area of 0.2479 (10,800 SF) acre of land consisting of a 60' x 135' (8,100 SF) portion of the unimproved 17th Street Right-of-Way and a 20' x 135' (2,700 SF) portion of the adjacent Alley Right-of-Way located between Gulfway Drive [A.K.A. S.H. 87] and Dryden Road Extension, west of 9th Avenue in Port Arthur, Jefferson County, Texas as delineated 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 P.R.NO.6504 10/24/2015 PDL PAGE 7 OF 9 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 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.6504 10/24/2015 PDL PAGE 8 OF 9 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: Magna Properties, LTD P.O. Box 20555 Beaumont, Texas 77720 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.6504 10/24/2015 PDL PAGE 9 OF 9 EXHIBIT "A" - ii ! i.;1 Y/ 1 s y; . / w iil tg �`^ w _.. i, j ii,. z � - til 'b°• a ,4 t $ ;ila , 'I i C 1 • I • _ ., .It, t4 I. • k EMI o a n! a 1 s .wa• j