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HomeMy WebLinkAboutPO 6624: SPECIAL WARRANTY DEED TO DAVID R. HINDS P.O. No. 6624 06/23/17 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED TO DAVID R. HINDS AS IT PERTAINS TO THE PROPERTY LOCATED AT 580 PLEASURE PIER BOULEVARD; ALSO KNOWN AS PLEASURE ISLAND SEA CABINS. WHEREAS, the Pleasure Island Commission is the owner of 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 105, Building A, Phase I was transferred to the current owner David R. Hinds via the ninety-nine (99) year lease; and WHEREAS, there is now a prospective buyer for Unit 105 ; 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 David R. Hinds, who was 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 David R. Hinds, as delineated in Exhibit "A" . Section 3 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . Section 4 . That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of July A.D. , 2017, 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 ATTEST: Sherri Bellard, City Secretary s.po6624 APPROVED AS TO FORM: Val Tizeno, Ci Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.po6624 Exhibit "A" (Special Warranty Deed) s.po6624 File No. 17245035634 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: , 2017 Grantor: CITY OF PORT ARTHUR Grantor's Mailing Address: Grantee: DAVID R. HINDS, a Married Person Grantee's Mailing Address: 3443 Allie Payne, Orange, Orange County, Texas 77632 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consider- ation Property (including any improvements): That certain apartment designated as Unit 105, Building "A",PHASE I, 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 Vol. 9, Page 309 in the Condominium Records of Jefferson County, Texas, and Amendment recorded under County Clerk's Film Code No. 103-02-1730 and 103-36-2310, both of the Real Property Records and County Clerk's File No. 2002014262 of the Official Public 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 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. 1 This Property may also be known as 560 Pleasure Pier Boulevard, Unit 105, 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 Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantee's 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 Grantee and Grantee's 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 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 Purchaser 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 purchaser is 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 2 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 purchaser is hereby notified that the purchaser 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 purchaser is hereby purchasing. As a material part of the Consideration for this Deed, Grantor and Grantee agree that Grantee is 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. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes 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. CITY OF PORT ARTHUR By Name Title 3 Grantee's Acceptance of Deed DAVID R. HINDS, a Married Person, Grantee, accepts the attached Deed and consents to its form and substance. Grantee acknowledges that the terms of the Deed conform with Grantee's intent and that they will control in the event of any conflict with any contract Grantee signed regarding the Property described in the Deed. Dated: , 2017. DAVID R. HINDS, a Married Person THE STATE OF TEXAS )( COUNTY OF )( This instrument was acknowledged before me on the day of , 2017, of the CITY OF PORT ARTHUR, on behalf of the CITY OF PORT ARTHUR. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed or typed name of notary: My commission expires: 4 THE STATE OF TEXAS )( COUNTY OF )( This instrument was acknowledged before me on the day of , 2017, by DAVID R. HINDS, a Married Person. 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. David R. Hinds 3443 Allie Payne Orange,TX 77632 5 GRIFFIN & MATTHEWS Attorneys at Law SANTA FE DEPOT 400 NECHES AT CROCKETT BEAUMONT, TEXAS 77701 TELEPHONE(409)832-6006 TELECOPIER(409)832-1000 MICHAEL D. MATTHEWS HOUSTON June 23, 2017 City of Port Arthur, Seller, and Mr. David R. Hinds,Buyer RE: That certain apartment designated as Unit 105, Building"A", Phase I, Pleasure Pier Sea Cabins, a Condominium Project in Port Arthur, Jefferson County, Texas; File No. 17245035634 Dear Sirs/Madams: This firm was contacted by Stewart Title Company, in regards to the preparation of vari- ous real estate-related documents. As such,we have acted solely as the preparers of the instru- ments requested. Buyer and Seller acknowledge that the law firm of Griffin &Matthews and Michael D. Matthews have been retained solely to prepare the documents in accordance with the agreement and instructions of Buyer and Seller and/or to witness the transaction. Neither Michael D. Matthews nor Griffin& Matthews have been involved in the negotiating of the agreement between Buyer and Seller. Both Buyer and Seller have been advised of the status of Michael D. Matthews prior to being retained to prepare the documents and have had an opportunity to retain independent counsel to review the proposed transaction and documents prior to execution. Buyer and Seller acknowledge that they have negotiated their own agreement and have requested Michael D. Matthews and the law firm of Griffin&Matthews to prepare certain documents, even though their agreement may not be completely reflected in a written agreement executed by the parties, if any. Buyer and Seller further acknowledge that the documents prepared by Michael D. Matthews accurately reflect the parties' agreement and the parties do hereby amend and ratify their agreement to comport with the terms of the documents prepared by the law firm of Griffin &Matthews. The legal services provided by the law firm of Griffin&Matthews and described in the invoice attached were provided on behalf of Buyer and Seller, regardless of the fact that others may have agreed to reimburse or pay for the legal services provided by Griffin&Matthews or to directly pay the attorneys for the services rendered. City of Port Arthur, Seller, and Mr. David R. Hinds, Buyer Page Two June 23, 2017 Each party in this real estate transaction has rights which may vary from the others. These documents have been prepared based upon information provided by others and also based upon an earnest money contract previously prepared by others and signed by the parties to this transaction; however, you should seek your own individual counsel as no warranty or opinion whatsoever is given or intended by this firm as acting in your behalf or as to the accuracy of the information provided, or as to the title or any liens,restrictions, or taxes. We ask that each of you sign this letter as an acknowledgment of receipt at closing. Very truly yours, Original Signed By Michael D. Matthews For the Firm CITY OF PORT ARTHUR, Seller By Name Title DAVID R. HINDS, a Married Person, Buyer MDM/lno