HomeMy WebLinkAboutPO 6664: SPECIAL WARRANTY DEED (NSP 1) a`
N.PC I
„ ! rthu —
Texas
INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Community Development
Date: November 27, 2017
To: City Manager
Mayor and City Council
From: Beverly A. Freeman, Director of Housing &Neighborhood r/
Revitalization
RE: P.O. 6664
Nature of the request:
The Housing Division recommends the City Council adopt P.O. No. 6664 authorizing the conveyance of
City owned property located at 621 Charleston Avenue R 60'of Lt 12, Blk 93, City of Port Arthur to Jessica
Johnson, 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. 6664 authorizing the conveyance of
City owned property located at 621 Charleston Avenue R 60'of Lt 12, Blk 93,City of Port Arthur to Jessica
Johnson, a qualified participant in the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition
Program.
Budget Consideration: N/A
P 0 6654
P. O. No . 6664
11/27/17 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 621 Charleston Avenue R 60 ' of Lt 12, Blk 93, City of Port
Arthur, to Jessica Johnson 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 621 Charleston Avenue
in substantially the same form as listed in Exhibit "B", in a Special
Warranty Deed to Jessica Johnson.
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 March 6, 2018, the
property shall revert back to the City.
SECTION 4 . That, Jessica Johnson agrees by signing this Ordinance
to accept the City owned property located at 621 Charleston Avenue R 60 '
of Lt 12, Blk 93, City of Port Arthur.
P06654
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:
Nr(4 Printed Name : JESSICA JOHNSON
VAL TIZENO, C Y ATTORNEY
APPROVED FOR ADMINISTRATION: 4 � /
BEVERLY F: EEMAN, DIRECTOR OF HOUSING
& NEIGHB6'HOOD REVITALIZATION
CITY MANAGER
P 0 6654
EXHIBIT "A"
P 0 6654
DERRICK FORD FREEMAN,MAYOR BRIAN MCDOUGAL,
RAYMOND SCOTT,JR.,MAYOR PRO-TEM CITY MANAGER
room
City of
COUNCILMEMBERS: 1 SHERRI BELLARD,TRMC
TIFFANY HAMILTON ,J CITY SECRETARY
MORRIS ALBRIGHT, Ili
KEITH RICHARD p r t r t it u VALECIA R.T[ZENO
WILLIE"BAE"LEWIS,JR. CITY ATTORNEY
OSMAN SWATI Teras
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 6654
SPECIAL WARRANTY DEED
Date: , 2017
Grantor: City of Port Arthur, Texas
Grantor' s Mailing Address (including County) :
P. O. Box 1089,
Port Arthur, Texas,
Jefferson County, Texas 77641
Grantee: Jessica Johnson
Grantee' s Mailing Address (including County) :
1245 6TH Street
Port Arthur, Texas 77640
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas,
, 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 Jessica Johnson.
PROPERTY (INCLUDING ANY IMPROVEMENT) : R 60 ' OF LT 12, BLK 93, 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 621 CHARLESTON 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
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:
CITY MANAGER
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
VAL TIZENO, CITY ATTORNEY
PO 6654
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared , 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:
Jessica Johnson
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Jessica Johnson, 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: Jessica Johnson
1245 6th Street
Port Arthur, Texas 77640
Return Copy: City of Port Arthur
Attn: Kimberly Redmon
P. O. Box 1089
Port Arthur, Texas 77640
P 0 6654
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared , 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:
Jessica Johnson
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Jessica Johnson, 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: Jessica Johnson
1245 6th Street
Port Arthur, Texas 77640
Return Copy: City of Port Arthur
Attn: Kimberly Redmon
P.O. Box 1089
Port Arthur, Texas 77640
P 0 6654