HomeMy WebLinkAboutPO 6539: SPECIAL WARRANTY DEED, NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP) SIDE LOT DISPOSITION PROGRAM INTEROFFICE MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF HOUSING AND NEIGHBORHOOD
REVITALIZATION
Date: March 11, 2016
To: Brian McDougal, City Manager
From: Beverly Freeman, Director of Housing and Neighborhood Revitalization
Re: P.O. No. 6539
Nature of Request:
The Housing Division recommends the City Council adopt P.O. No. 6539 authorizing the
conveyance of City owned property located at 519 Mobile Avenue, N52' of E4' of Lot 11 & N52'
of Lot 12 Block 114, City of Port Arthur, to Juan & Rosa Maria Bustos, a qualified participant in
the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program.
Staff Analysis/Considerations:
The purpose of the Neighborhood Stabilization Program 1 (NSP 1) Side Lot Disposition Program
is to make conforming or non conforming properties available for conveyance to property
physically contiguous to adjacent owner occupied residential property in efforts to expand
neighborhood revitalization.
Recommendations:
The Housing Division recommends the City Council adopt P.O. No. 6539 authorizing the
conveyance of City owned property located at 519 Mobile Avenue, N52' of E4' of Lot 11 & N52'
of Lot 12 Block 114, City of Port Arthu,r to Juan & Rosa Maria Bustos, a qualified participant in
the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program.
Budget Consideration:
N/A
P 0 6539
P. 0. No . 6539
03/11/16 BF/KR
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR CONVEYANCE OF PROPERTY TO AN ELIGIBLE
HOMEOWNER PARTICIPATING IN THE NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP 1) SIDE LOT
DISPOSITION PROGRAM.
WHEREAS, Section 272 . 001 (g) of the Local Government Code provides
that a municipality may convey land for the development of low or
moderate income housing provided that the conveyance serves a public
purpose; and
WHEREAS, the City Council wishes to convey a City owned vacant
lot located at 519 Mobile Avenue, N52' of E4' of Lot 11 & N52' of Lot
12 Block 114 , City of Port Arthur, to Juan & Rosa Maria Bustos in
furtherance of the participation of the City' s Side Lot Program; and
WHEREAS, the City of Port Arthur adopted a Side Lot Disposition
Program pursuant to the Neighborhood Stabilization Program 1 (NSP1)
making conforming and non-conforming properties available for
conveyance to property physically contiguous to adjacent owner
occupied residential property in efforts to expand neighborhood
revitalization; and
WHEREAS, a copy of the requirements specific to the Side Lot
Disposition Program are attached hereto as Exhibit "A"; and
WHEREAS, the conveyance of this lot will promote public purpose,
which includes, but is not limited to putting vacant property back on
the tax roll, maintaining the revitalization of City neighborhoods and
fulfilling the requirements of the Neighborhood Stabilization Program
1 (NSP 1) .
P0 6539
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 City Council herein authorizes the City
Manager to convey the real property located at 519 Mobile Avenue in
substantially the same form as listed in Exhibit "B" , in a Special
Warranty Deed to Juan & Rosa Maria Bustos .
SECTION 3 . That, this conveyance is hereby authorized and shall
be subject to the following conditions :
1 . The sale price for the lots shall be Ten and no/100
($10 . 00) Dollars .
2 . The property shall be physically contiguous to adjacent
owner occupied residential property with not less than
75% common boundary line on one side (left or right) .
3 . All transferees must hold title on the contiguous
property, must not own any property that has delinquent
taxes, must not be previous owner of real property
being conveyed, must not own any real property that is
subject to un-remediated citation of violation of the
state and local codes and ordinances .
4 . Should a replat not be performed by July 25 , 2016, the
property shall revert back to the City.
5 . All transferees must complete tax form 1099-MISC.
SECTION 4 . That, Juan & Rosa Maria Bustos agrees by signing this
Ordinance to accept the City owned property located at 519 Mobile
Avenue, N52' of E4 ' of Lot 11 & N52' of Lot 12 Block 114 , City of Port
Arthur.
P 0 6539
SECTION 5 . That, if for any reason, the eligible applicant does
not replat the conveyed property within 90 days after conveyance, the
City shall have a right to void the transfer and take any improvements
on the lot .
SECTION 6. That, a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A. D. , 2016, at the Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote : AYES:
Mayor:
City Council:
NOES:
DELORIS PRINCE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
AGREED TO:
APF-'OVED • S TO FORM:
Amager /Ad
Printed Name: Juan Bustos
V•L TI. i �, Y ' OR E '
Printed Name: Rosa Maria Bustos
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER BEVERLY FRENA , DIRECTOR OF HOUSING
& NEIGHBO'd►OD REVITALIZATION
P 0 6539
EXHIBIT "A"
P 0 6539
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HOUSING & NEIGHBORHOOD REVITALIZATION
Neighborhood Stabilization Program 1 (NSP 1) -- Side Lot Disposition Program
Side Lot Disposition Policies
Parcels of property eligible for inclusion in the Side Lot Disposition Program shall meet the following
minimum criteria:
• The property shall be vacant unimproved real property.
• The property shall be physically contiguous to adjacent occupied (owner) residential property with
not less than a 75% common boundary line on one side (left or right).
• Initial priority shall be given to the disposition of non-conforming properties.
• Conforming properties of sufficient size or non-conforming properties of insufficient size may also
be conveyed as side lots. No more than one lot may be transferred per contiguous lot.
• Intended use for lot is disclosed.
• The transfer shall include a deed restriction requiring the use of the property to be consistent with
the stated use and Neighborhood Stabilization Program requirements.
Transferees
• All transferees must hold title on the contiguous property. Priority is given to Transferees who
personally occupy the contiguous property.
• The transferee must not own any real property (including both the contiguous lot and all other
property within the county) that is subject to any un-remediated citation of violation of the state
and local codes and ordinances.
• The transferee must not own any real property (including both the contiguous lot and all other
property in the county) that is tax delinquent.
• The transferee must not have been the prior owner of any real property that was transferred to
the Tax Collector or to a local government as a result of tax foreclosure proceedings.
Pricing
Parcels of property will be transferred at cost. Cost may be waived at the discretion of the Director.
Obtaining Title Insurance will be the responsibility of the property owner.
Side Lot Disposition Procedures
The prospective buyer must submit the following documents to the Land Bank Office and provide
verification of income:
• List of property address(es)
• Project Description - property use must be consistent with current zoning requirements
• Picture Identification
• Evidence of compliance with all Side Lot Disposition Policies
g=11
EQUAL HOUSING
OPPORTUNITY
EXHIBIT "B"
P 0 6539
SPECIAL WARRANTY DEED
Date: , 2016
Grantor: City Of Port Arthur, Texas
Grantor' s Mailing Address (including County) :
P. 0. Box 1089,
Port Arthur, Texas,
Jefferson County, Texas 77641
Grantee : Juan & Rosa Maria Bustos
Grantee' s Mailing Address (including County) :
947 5th Street
Port Arthur, Texas 77640
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur,
Texas, Brian McDougal, for and in consideration of the sum of Ten and
No/100 Dollars ($10 . 00) and of this good and valuable consideration
and under the terms as denoted in Ordinance No. 16- to the
undersigned in hand paid by the Grantee herein named, that receipt and
sufficiency of which are hereby acknowledged, have GRANTED, SOLD and
CONVEYED, and by these present do GRANT, SELL and CONVEY unto Juan &
Rosa Maria Bustos .
PROPERTY (INCLUDING ANY IMPROVEMENT) : N52 ' of E4 ' of Lot 11 & N52 ' of
Lot 12 Block 114 , JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS
(LOCALLY KNOWN 519 MOBILE AVENUE) .
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This
conveyance is made expressly subject to all easements, rights-of-way,
restrictions, covenants, rights of reversion and conditions as denoted
in Ordinance No. 16- , which requires the use of the property to be
consistent with the stated use and Neighborhood Stabilization Program
requirements, and all exceptions reservations, and conveyances of
minerals and/or royalties oil and gas and/or mineral leases, affecting
the above described property, and to all zoning laws, ordinances,
rules and regulations of municipal and/or of this governmental
authorities, but only to extent that same are in force and effect and
relate to the above described property. This conveyance is also made
subject to all state and federal laws and regulations, if any,
affecting said property though they may be unrecorded. Grantor, for
the consideration and subject to the reservation from any exceptions
to conveyance and warranty, grants sells and conveys to Grantee the
property, to get his with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to
the Grantee' s Heirs, executors, administrators, successors, or assigns
P 0 6539
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 there
except as to the reservations from and exceptions to conveyance and
warranty, when the claim is by, through, or under Grantor, but not
otherwise .
Grantee acknowledges that Grantor has not made and does not make any
representations as to the physical condition of the property, or any
other matter affecting or related to the property (other than
warranties of title, as provided and limited herein) . As a material
part of the consideration for this deed, Grantee expressly agrees that
to the maximum extent permitted by law, the property is conveyed "as
is" and "with all faults" , and Grantor expressly disclaims, and
Grantee acknowledges and accepts that Grantor has disclaims, any and
all representations, warranties, or guaranties of any kind, oral or
written, express or implied (except as to title, as herein provided
and limited) concerning the property, including, without limitation,
the profitability, suitability, or fitness for a particular purpose of
the property. Grantee acknowledges and stipulates that Grantee is not
relying on any representation, statement, or other assertions of the
City with respect to the condition of the property, but is relying on
Grantee' s examination of the property.
Executed on the day of , A.D. , 2016 .
GRANTOR,
CITY OF PORT ARTHUR
BY:
BRIAN MCDOUGAL, CITY MANAGER
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VAL TIZENO, CITY ATTORNEY
P 0 6539
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Brian McDougal, City Manager of the City of Port Arthur,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the
act and deed of the City of Port Arthur, for the purposes and
consideration therein expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day
of , 2016 .
Notary Public, State of Texas
AGREED TO AND ACCEPTED ON the day of , 2016 .
GRANTEES:
BY:
Juan Bustos
BY:
Rosa Maria Bustos
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Juan Bustos, known to me to be the person whose name is
subscribed to the foregoing instrument .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of
, 2016 .
Notary Public, State of Texas
P 0 6539
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Rosa Maria Bustos, known to me to be the person whose name is
subscribed to the foregoing instrument .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of
, 2016 .
Notary Public, State of Texas
Return Original : Juan & Rosa Maria Bustos
947 5th Street
Port Arthur, Texas 77640
Return Copy: City of Port Arthur
Attn: Kimberly Redmon
P.O. Box 1089
Port Arthur, Texas 77640
P 0 6539