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HomeMy WebLinkAboutPO 6593: SPECIAL WARRANTY DEED PORT ARTHUR SIDE LOT DISPOSITION PROGRAM INTEROFFICE MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF HOUSING AND NEIGHBORHOOD REVITALIZATION Date: October 25, 2016 To: Brian McDougal, City Manager From: Beverly Freeman, Director of Housing and Neighborhood Revitalization tiL-- Re: P.O. No. 6593 Nature of Request: The Housing Division recommends the City Council adopt P.O. No. 6593 authorizing the conveyance of City owned property located at 835 Dunbar Avenue, Lot 2, Block 20, Brice Addition, to a qualified participant in the City of Port Arthur Side Lot Disposition Program. Staff Analysis/Considerations: The purpose of the 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. 6593 authorizing the conveyance of City owned property located at 835 Dunbar Avenue, Lot 2, Block 20, Brice Addition, to a qualified participant in the City of Port Arthur Side Lot Disposition Program. Budget Consideration: N/A P 0 6593—835 Dunbar Ave. P. 0. No. 6593 10/25/16 BF ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO AN ELIGIBLE HOMEOWNER PARTICIPATING IN THE CITY OF PORT ARTHUR 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 835 Dunbar Avenue, Lot 2 Block 20 , Brice Addition, to William Jones & Wavie L. Rodgers Jr. 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 Side Lot Disposition making conforming and non-conforming properties available for conveyance to property physically contiguous to adjacent 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 Side Lot Disposition Program. P 0 6593—835 Dunbar Ave. 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 835 Dunbar Avenue, in substantially the same form as listed in Exhibit "B", in a Special Warranty Deed to William Jones & Wavie L. Rodgers Jr. 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 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 February 25, 2017, the property shall revert back to the City. 5 . All transferees must complete tax form 1099 . SECTION 4 . That, William Jones & Wavie L. Rodgers Jr. agree by signing this Ordinance to accept the City owned property located at 835 Dunbar Avenue, Lot 2 , Block 20, Brice Addition, Jefferson County, Port Arthur, Texas . P 0 6593-835 Dunbar Ave. SECTION 5 . That, if for any reason, the eligible applicant does not replat the conveyed property within 120 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 : DERRICK FORD FREEMAN, MAYOR P 0 6593-835 Dunbar Ave. ATTEST: SHERRI BELLARD, CITY SECRETARY AGREED TO: ARO ED A' TO FORM: d' / If/id , PRINTED NAME : WILLIAM JONES V� TIZE �`Y °.TTORNEY PRINTED NAME: WAVIE L. RODGERS JR. APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL,--7 )2/ � p� � CITY MANAGER/ BEVERLY FREE , DIRECTOR OF HOUSING & NE HBORHOOD REVITALIZATION P 0 6593—835 Dunbar Ave. EXHIBIT "A" P 0 6593—835 Dunbar Ave. DERRICK FORD FREEMAN,MAYOR BRIAN MCDOUGAL, RAYMOND SCOTT,JR.,MAYOR PRO-TEM CITY MANAGER City of CIO COUNCILMEMBERS: ` SHERRI BELLARD,TRMC TIFFANY HAMILTON , CITY SECRETARY MORRIS ALBRIGHT,Ili KEITH RICHARD Ort r t h u r VALECIA R.TIZENO WILLIE"BAE"LEWIS,JR. CITY ATTORNEY OSMAN SWATI Texas CHARLOTTE MOSES KAPRINA FRANK HOUSING & NEIGHBORHOOD REVITALIZATION Side Lot Disposition Program Individual parcels of property may be acquired by the Land Bank and transferred to individuals in accordance with the following policies. The transfer of any given parcel of property in the Side Lot Disposition Program is subject to override by higher priorities as established by the Land Bank. 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 confirming 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 Side Lot 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 The parcels of property will be transferred at costs. Costs may be waived at the discretion of the Director subject to a Deed Restriction secured by a Second Lien Deed of Trust and related Note. Insuring Title on the subject property is the responsibility of the proposed property owner. Side Lot Disposition Procedures The prospective buyer must submit the following documents to the Land Bank: • 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 EXHIBIT "B" P 0 6593—835 Dunbar Ave. SPECIAL WARRANTY DEED Date: , 2016 Grantor: City Of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. O. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641-1089 Grantee : William Jones Wavie L. Rodgers Jr. Grantee' s Mailing Address (including County) : 829 Dunbar Avenue 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 William Jones & Wavie L. Rodgers Jr. PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT 2 BLOCK 20, BRICE ADDITION, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN 835 DUNBAR 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 P 0 6593-835 Dunbar Ave. 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 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 6593-835 Dunbar Ave. 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: William Jones BY: Wavie L. Rodgers Jr. ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared William Jones, 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 6593-835 Dunbar Ave. ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Wavie L. Rodgers Jr. , 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 : William Jones & Wavie L. Rodgers Jr. 829 Dunbar Avenue Port Arthur, Texas 77640 Return Copy: City of Port Arthur Attn: Beverly Freeman P.O. Box 1089 Port Arthur, Texas 77640-1089 P 0 6593-835 Dunbar Ave.