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Home My WebLink AboutPO 6581: SPECIAL WARRANTY DEED TO JAMES AND DONNA WADE P.O. No. 6581 08/26/16 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED TO JAMES AND DONNA WADE AS IT PERTAINS TO THE PROPERTY LOCATED AT 580 PLEASURE PIER BOULEVARD; ALSO LOCALLY KNOWN AS PLEASURE ISLAND SEA CABINS. WHEREAS, the City of Port Arthur is the owner of the property known as Pleasure Island Sea Cabins; and WHEREAS, various individuals have purchased units at that location; however, the original arrangement only provided those individuals with ninety-nine (99) year leases; and WHEREAS, in order for owners with the ninety-nine (99) year leases to convey the property to prospective buyers, it is necessary for a Special Warranty Deed to be granted; and WHEREAS, Unit Nos . 113 & 114 , Building B, Phase II were transferred to the current owners James and Donna Wade via the ninety-nine (99) year lease; and WHEREAS, there are now prospective buyers for Unit Nos . 113 & 114 ; and WHEREAS, in order to facilitate the closing on said property, it is necessary to do so by the conveyance of a Special Warranty Deed to James and Donna Wade, who were previously provided a ninety-nine (99) year lease for said property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Manager is authorized to execute the Special Warranty Deed to James and Donna Wade, in substantially the same form as delineated in Exhibits "A" . Section 3 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . Section 4 . That this Ordinance does not require publication and shall become effective immediately. READ, ADOPTED AND APPROVED on this day of September A.D. , 2016, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmembers : NOES : Derrick Freeman, Mayor s.po6581 ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Com- �) Val Tiz , City Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.po6581 Exhibit "A" s.po6581 File No. 16245033195 SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY 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. Date: 2016 Grantor: CITY OF PORT ARTHUR Grantor's Mailing Address: 444 4th Street, Port Arthur, Jefferson County, Texas 77640 Grantees: JAMES E. WADE and wife, DONNA L. WADE Grantees' Mailing Address: P.O. Box 22719, Beaumont, Jefferson County, Texas 77720 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consider- ation Property (including any improvements): Tract I: That certain apartment designated as Unit 113, Building "B", PHASE II, PLEASURE PIER SEA CABINS, a Condominium Project in Port Arthur, Jefferson County, Texas, including the patio space and the carport assigned thereto and an undivided interest in the common elements thereof, according to the Condominium Declaration and By-Laws which are recorded in Volume 9, Page 309, and the Plat thereof being recorded in Volume 2, Page 163, all in the Condominium Records of Jefferson County, Texas, which property is conveyed subject to the provisions of the Condominium Act of the State of Texas, which act is incorporated herein and made a part hereof by reference and the provisions, easements, agreements, covenants,restrictions, limitations and conditions contained in and set out in Declaration and By-Laws, and also subject to all easements,restrictions, reservations and conditions otherwise appearing of record and affecting the project tract of land or any part thereof. This Property may also be known as 580 Pleasure Island Boulevard,Unit 113, Port Arthur, Jefferson County, Texas 77640. 1 Tract II: That certain apartment designated as Unit 114, Building "B" PHASE II, PLEASURE PIER SEA CABINS, a condominium project in Port Arthur, Jefferson County, Texas, including the patio space and the carport assigned thereto and an undivided interest in the common elements thereof, according to the Condominium Declaration and By-Laws which are recorded in Volume 9, Page 309 in the Condominium Records of Jefferson County, Texas, and Amendment recorded under County Clerk's Film Code No. 103-02-1730 Real Property Records of Jefferson County, Texas, and the Plat thereof being recorded in Volume 2, Page 163 in the Condominium Records of Jefferson County, Texas, which property is conveyed subject to the provisions of the Condominium Act of the State of Texas, which act is incorporated herein and made a part hereof by reference and the provisions, easements, agreements, covenants, restrictions, limitations and conditions contained in and set out in the Declaration and By- Laws, and also subject to all easements, restrictions, reservations and conditions otherwise appearing of record and affecting the project Tract of land or any part thereof. This Property may also be known as 580 Pleasure Island Boulevard, Unit 114, Port Arthur, Jefferson County, Texas 77640. Reservations and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all conditions and restrictions, if any, relating to the hereinabove described property,to the extent, and only to the extent, that the same may still be in force and effect, shown of record in the office of the County Clerk of Jefferson County, Texas. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantees the Property, together with all and singular the rights and appurtenances thereto in any way belonging,to have and hold it to Grantees and Grantees' heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantees and Grantees' heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations covenants, conditions, oil and gas leases,mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of 2 CITY OF PORT ARTHUR By BRIAN MCDOUGAL, City Manager Grantees' Acceptance of Deed JAMES E. WADE and wife, DONNA L. WADE, Grantees, accept the attached Deed and consent to its form and substance. Grantees acknowledge that the terms of the Deed conform with Grantees' intent and that they will control in the event of any conflict with any contract Grantees signed regarding the Property described in the Deed. Dated: , 2016. JAMES E. WADE DONNA L. WADE THE STATE OF TEXAS )( COUNTY OF )( This instrument was acknowledged before me on the day of , 2016, by BRIAN MCDOUGAL, City Manager of CITY OF PORT ARTHUR, on behalf of CITY OF PORT ARTHUR. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed or typed name of notary: My commission expires: 4 improvements; property taxes for prior years,the payment for which Grantees assume; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantees assume; and navigational servitude asserted by any governmental authority. Disclosure to Purchasers The real property described herein is located seaward of the Gulf Intracoastal Waterway to its southernmost point and then seaward of the longitudinal line also known as 97 degrees 12' 19"which runs southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship Channel. If the property is in close proximity to a beach fronting the Gulf of Mexico,the purchasers are hereby advised that the public may have acquired a right of use or easement to or over the area of any public beach by prescription, dedication, or presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom. The extreme seaward boundary of natural vegetation that spreads continuously inland customarily marks the landward boundary of the public easement. If there is no clearly marked natural vegetation line,the landward boundary of the easement is as provided by Sections 61.016 and 61.017,Natural Resources Code. State law prohibits any obstruction, barrier, restraint, or interference with the use of the public easement, including the placement of structures seaward of the landward boundary of the easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT OF THE NATURAL PROCESSES ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE STRUCTURES. The purchasers are hereby notified that the purchasers should seek the advice of an attorney or other qualified person before accepting this instrument of conveyance as to the relevance of these statutes and facts to the value of the property the purchasers are hereby purchasing. As a material part of the Consideration for this Deed, Grantor and Grantees agree that Grantees are taking the Property"AS IS"with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantees acknowledge and stipulate that Grantees are not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantees' examination of the Property. Grantees take the Property with the express understanding and stipulation that there are no express or implied warranties. When the context requires, singular nouns and pronouns include the plural. 3 THE STATE OF TEXAS )( COUNTY OF )( This instrument was acknowledged before me on the day of , 2016, by JAMES E. WADE and wife, DONNA L. WADE. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed or typed name of notary: My commission expires: PREPARED IN THE LAW OFFICES OF: MICHAEL D. MATTHEWS GRIFFIN&MATTHEWS 400 Neches at Crockett Santa Fe Depot Beaumont, Texas 77701 (409)832-6006 Please Return To: Mr. and Mrs. James E. Wade P. O. Box 22719 Beaumont, TX 77720 5