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Home My WebLink AboutPO 6520: ABANDONMENT OF 70' WIDE PORTION OF THE ORLEANS AVE. STREET RIGHT-OF-WAY, LOCATED BETWEEN PROCTER ST. AND 5TH ST. \,' ''aaNIV4 City of - 2)0' u l-! l' INTEROFFICE MEMORANDUM Department of Development Services Division of Planning and Zoning Date: January 15, 2016 To: Brian McDougal, City Manager Mayor and City Council From: Ronald Burton, Director of Development Services RE: P.O. NO. 6520—Abandonment requested for a portion of the New Orleans Avenue street right-of-way Nature of the request: Attached is P.O. NO. 6520 granting an abandonment for 0.4821 acre of land consisting of a portion of the New Orleans Avenue street right-of-way (21,000 SF). The property is located between 5th Street and Procter Street in Port Arthur, Texas. The purpose of this request is for Lamar State College—Port Arthur to construct a Technology Education Building, approved during the 84th Legislative Session. This project will require the closing of New Orleans Avenue street right-of-way and may be used for the following: • Improve parking and traffic flow to the Technology Education Building; and/or • Provide green space in front of the Technology Building. A public hearing was be held by the Port Arthur City Council on January 12, 2016 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.6520 01/15/2016 PDL PAGE 1 OF 10 ORDINANCE NO. AN ORDINANCE GRANTING AN ABANDONMENT OF A SEVENTY FEET (70') WIDE PORTION OF THE NEW ORLEANS AVENUE STREET RIGHT-OF-WAY LOCATED BETWEEN PROCTER STREET AND FIFTH STREET IN PORT ARTHUR, JEFFERSON COUNTY, TEXAS AND DEPICTED ON THE DISPLAY AND PROVIDING THE EFFECTIVE DATE OF THIS ORDINANCE (A15-04—Lamar State College—Port Arthur) 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 0.4821 acre of land consisting of a 70' x 300' (21,000 SF)portion of the improved New Orleans Avenue street right-of-way located between Procter Street and Fifth Street 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 January 12, 2016 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.6520 01/15/2016 PDL PAGE 2 OF 10 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 Procter Street and Fifth Street 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: 0.4821 (21,000 SF) ACRE OF LAND CONSISTING OF A 70' X 300' PORTION OF THE IMPROVED NEW ORLEANS AVENUE STREET 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 Lamar State College—Port Arthur. SECTION 4. 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.6520 01/15/2016 PDL PAGE 3 OF 10 SECTION 5. 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 January. A.D., 2016 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 A TO FORM: \if- I 0111 •F 11. Valecia"Val" zeno,71r. City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager /CM*or Ronald"Ron"Burto', Director of Development Services P.R.NO.6520 01/15/2016 PDL PAGE 4 OF 10 EXHIBIT "A" ...._ . — , .. , _ . . __, ,.... _ —I :- I -- ."-:-'7.,-1—,H - 5-3 Thriel I f I r 1 0 7 1 1 - 1 ,C) - IL •, 7 . ! al `'‘ i: : . 2 I ... MB- ) • i 1 03 '' MEE MI 1 —J II) 4.:cr, 0•t all ,...., ca.. at 1 . 4' NM c* "' • ., '.-=III - f 961185)(DIA, •. 7 i —.I.. I ri _ r..4 ',N I Mill Ell= i 1 t i — I 41----------4113 I ,... .., 1 i'"'t , . k-i'--. •,. _.1 I ...._ V' .1 IIIIIIII I .... i - i r .... _ •.., r r w-1' *--- — i . 11- N' ..„.. 4: - 1.../1 ttt t--- c 1 I- tit 4„........0........ZZ°11‘11 U'iCr ,..—._ er .Of 0 — . - 4211 ': ' ••I I ° l' —1 1 CC _ 1 10.00. '---- k >41 .. . .... / i• C 0-. -.I . e..... Eno.' SIHCIIA,31,4 Cos) , ---. 1. ' I it- , 1 ------i t______ 1 v. =MI 7 ' t Ft . r -- i I I i ; I . I . I ' t I -, ____ 1 1- — ' T . [ , 1 ! . 1 r----i 1 -1 1 1 J i...........1, .... L..- 0 le Z 1 :r a illall '1 t P.R.NO.6520 01/15/2016 PDL PAGE 5OF10 — _, swp 1,VIE7; OF NE7T 'I:'RL.EP NO FF fI:',1 PRO TER -moi • , . row A • R a. Y .. X h' [, 11 :M• - aur+.` .�'. ;. �• ~` d w « am ..., _ � .... n- P V I OF I-TE7,,r C .:JP:L.E µ1•I2 FRC.'N,T STREET P.R.NO.6520 01/15/2016 PDL PAGE 6 OF 10 EXHIBIT "B" P.R.NO.6520 01/15/2016 PDL PAGE 7 OF 10 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: January , 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: Lamar State College—Port Arthur Grantee's Mailing Address (including county): P.O. Box 310 Port Arthur, Texas 77641 Consideration: Ten ($10.00) Dollars and other good and valuable consideration. Property (including any improvement): An area of 0.4821 (21,000 SF) acre of land consisting of a 70' x 300' (21,000 SF) portion of the improved New Orleans Avenue street right-of-way located between Procter Street and Fifth Street 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 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 P.R.NO.6520 01/15/2016 PDL PAGE 8 OF 10 thereof, except as to the reservations from and exceptions to conveyance and warranty by and through only the grantor. Executed on the day of January, A.D., 2016. 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.6520 01/15/2016 PDL PAGE 9 OF 10 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 January, A.D. 2016. NOTARY PUBLIC, STATE OF TEXAS PRINT NOTARY'S NAME HERE Original to Grantee: Lamar State College—Port Arthur P.O. Box 310 Port Arthur, Texas 77641 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.6520 01/15/2016 PDL PAGE 10 OF 10 EXHIBIT "A" ........._ . I -.- • - L- T _4 . _ _........ ,______ 1 i 1 4 - I __... .... ...._ .. .._ i ; 1 . . : 1 f " ' 4 - -- , - :-'• 1 . . 4- - ----, ! , , _ I I . - 1 -----4 '4,------1 - i I 44. - I i ! , 1 i i 1 1 1 . , .a .! • C1 i • ix, . . , , ,.. . • --I i L I i .,., .. _____,:_ „. -k_ __„_:___j ,i. c•,..._2.,:___Lat_.......a„.„_____ es; i ii '.; I o tri IF i C.,___,....,...d )--- 1 – , } . . - - • r _ ._ - 4 , --' • , „... -, i• „Q, ., 1..: 0.4 N. 0 0 ,- – C) ' ' . , "I ' 'II ........_ *0 -• 4 1 - N), • * 1 1 11F ____ _.....4. -- i 1 'i N , .-- .1 ii , i 4I_ .,? I —____-_.... , 03 ________. Iiii- , i I '''' – - 1 ; - . ---- 5 , . , a r _ . 1 1 i ..c , 4 I. .:: • ... 0 >4 --- ..- ...--- ---. ."' :....• S'"C.'.V‘::Y4 t' CINO) ...... 1 .c.-6 r –: 1 i'.' . • –: _ I J ' 1 1 I' -• I ---. 1 - • Mill/ . r'"q g . r- 1 —1- i 1-- f, -', n t 4 . 4, 1 ; I : . -i —1 . I "..• l ,..., ' -. . ,• ..• GG , --- - i . - — I 1 I i I •o 1 l'" I _ 1.--1 ---, --1 H- ______, - 1 --- __ ' .. IC 111101111 I: _ .1 ----- ______I 1-- --/ i , - ..1 [ -4, C',. i MIMI 4' ,........, `,...._—...._i .---—_, ,.... - • . 0 V .Ir i.11 1 .4, 1 • — 1