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HomeMy WebLinkAboutPO 6654: SPECIAL WARRANTY DEED (NSP 1) City of 1 ort rthrt Texas INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Community Development Date: October 24, 2017 To: Brian McDougal, City Manager Mayor and City Council From: Beverly A. Freeman, Director of Housing &Neighborhood Revitalization RE: P.O. 6654 Nature of the request: The Housing Division recommends the City Council adopt P.O. No. 6654 authorizing the conveyance of City owned properties located at 430 Mobile Avenue, R 35' of Lt 6, Blk 126, City of Port Arthur and 446 Mobile Avenue, C 53' of Lt 6, Blk 126, City of Port Arthur to Adeline Williams, 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 nonconforming properties available for conveyance to property physically contiguous to adjacent owner occupied residential property in efforts to expand neighborhood revitalization. Recommendation: The Housing Division recommends the City Council adopt P.O. No. 6654 authorizing the conveyance of City owned properties located at 430 Mobile Avenue, R 35' of Lt 6, Blk 126, City of Port Arthur and 446 Mobile Avenue, C 53' of Lt 6, Blk 126, City of Port Arthur to Adeline Williams, a qualified participant in the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program. Budget Consideration: N/A "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. 6654 10/24/17 BF/KR ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTIES 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 lots located at 430 Mobile Avenue, R 35' of Lt 6, Blk 126, City of Port Arthur; and 446 Mobile Avenue, C 53' of Lt 6, Blk 126, City of Port Arthur, to Adeline Williams 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 P 0 6654 fulfilling the requirements of the Neighborhood Stabilization Program 1 (NSP 1) . 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 properties located at 430 Mobile Avenue and 446 Mobile Avenue in substantially the same form as listed in Exhibit "B" and Exhibit "C", in Special Warranty Deeds to Adeline Williams . 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 January 16, 2018, the property shall revert back to the City. SECTION 4 . That, Adeline Williams agrees by signing this Ordinance to accept the City owned properties located at 430 Mobile Avenue, R 35' of Lt 6, Blk 126, City of Port Arthur and 446 Mobile Avenue, C53' of Lt 6, Blk 126, City of Port Arthur. P 0 6654 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. , 2017, 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 ATTEST: SHERRI BELLARD, CITY SECRETARY AGREED TO: APPROVED S TO FORM: \ra1-CPrinted Name: Adeline Williams VAL TIZENO, TY ATTORNEY APPROVED FOR ADMINISTRATION: BEVERLY FREEMAN, DIRECTOR OF HOUSING & NEIGHBORHOOD REVITALIZATION BRIAN MCDOUGAL, CITY MANAGER P 0 6654 EXHIBIT "A" P 0 6654 AM 0* City of 77,4�• urt rtlrrrr 1, ,; HOUSING & NEIGHBORHOOD REVITALIZATION Neighborhood Stabilization Program (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 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 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 The parcels of property will be transferred at costs. Costs 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 EXHIBIT "B" P 0 6654 SPECIAL WARRANTY DEED Date: , 2017 Grantor: City of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. 0. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee : Adeline Williams Grantee' s Mailing Address (including County) : 348 Schuh Place Port Arthur, Texas 77642 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. 17- 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 Adeline Williams. PROPERTY (INCLUDING ANY IMPROVEMENT) : R 35' OF LOT 6, BLOCK 126 OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN 430 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. 17- , 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 P 0 6654 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. , 2017 . GRANTOR, CITY OF PORT ARTHUR BY: BRIAN MCDOUGAL, CITY MANAGER ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VAL TIZENO, CITY ATTORNEY P O 6654 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 , 2017 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2017 . GRANTEE: BY: Adeline Williams ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Adeline Williams, 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 , 2017 . Notary Public, State of Texas Return Original: Adeline Williams 348 Schuh Place Port Arthur, Texas 77642 Return Copy: City of Port Arthur Attn: Kimberly Redmon P.O. Box 1089 Port Arthur, Texas 77640 P 0 6654 EXHIBIT "C" P 0 6654 SPECIAL WARRANTY DEED Date: , 2017 Grantor: City of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. 0. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee: Adeline Williams Grantee' s Mailing Address (including County) : 348 Schuh Place Port Arthur, Texas 77642 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. 17- 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 Adeline Williams. PROPERTY (INCLUDING ANY IMPROVEMENT) : C 53' OF LOT 6, BLOCK 126 OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN 446 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. 17- , 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 P 0 6654 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. , 2017 . 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 6654 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 , 2017 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2017 . GRANTEE: BY: Adeline Williams ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Adeline Williams, 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 , 2017 . Notary Public, State of Texas Return Original: Adeline Williams 348 Schuh Place Port Arthur, Texas 77642 Return Copy: City of Port Arthur Attn: Kimberly Redmon P.O. Box 1089 Port Arthur, Texas 77640 P 0 6654