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Home My WebLink AboutPO 6798: SPECIAL WARRANTY DEED Cl!v oflT'hC of"i rtht( ItXQS INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Community Development Date: September 3, 2019 To: Interim City Manager Mayor and City Council From: Beverly A. Freeman, Director of Housing &Neighborhood Revitalization RE: P.O. 6798 Nature of the request: The Housing Division recommends the City Council adopt P.O.No. 6798 authorizing the conveyance of City owned property located at 549 Liberty Avenue N40' of Lt 1 & E25' of N40' of Lt 2, Blk 188, City of Port Arthur to Camelia Singleton, a qualified participant in the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program. StaffAnalysis/Considerations: The purpose of the Neighborhood Stabilization Program 1 (NSP1) 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. This property is appropriate for conveyance and promotes a public purpose. Recommendation: The Housing Division recommends the City Council adopt P.O.No. 6798 authorizing the conveyance of City owned property located at 549 Liberty Avenue N40' of Lt 1 & E25' of N40' of Lt 2, Blk 188, City of Port Arthur to Camelia Singleton,a qualified participant in the Neighborhood Stabilization Program 1 (NSP1) Side Lot Disposition Program. Budget Consideration: N/A P. O. No. 6798 9/3/19 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 (NSP1) 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 549 Liberty Avenue N40' of Lt 1 & E25' of N40' of Lt 2, Blk 188, City of Port Arthur, to Camelia Singleton 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 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 549 Liberty Avenue in substantially the same form as listed in Exhibit "B", in a Special Warranty Deed to Camelia Singleton. 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 November 26, 2019, the property shall revert back to the City. SECTION 4 . That, Camelia Singleton agrees by signing this Ordinance to accept the City owned property located at 549 Liberty Avenue N40' of Lt 1 & E25' of N40' of Lt 2, Elk 188, City of Port Arthur. 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. , 2019, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: City Council: NOES: THURMAN `BILL" BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY AP-R•VED AS TO FORM: L / V'NI' EN , CITY ATTORNEY APPROVE. FOR ADMINISTRATION: RON BURTON, INTERIM CITY MANAGER BEVERLY FR EMAN, HOUSING & NEIGHBORHO D REVITALIZATION AGREED TO: Printed Name: CAMELIA SINGELTON EXHIBIT "A" THURMAN"BILL"BARTIE HAROLD DOUCET,SR.,MAYOR PRO-TEM ;:.: RON BURTON INTERIM CITY MANAGER COUNCILMEMBERS: Ciry of THOMAS KINLAW III �� I SHERRI BELLAR,TRMC CAL J.JONES //1+11\1* CITY SECRETARY RAYMOND SCOTT,JR. C" CHARLOTTE MOSES ort rt h ur VALECIA R.TIZENO KAPRINA RICHARDSON FRANK CITY ATTORNEY Tc w, 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 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 subject to a Deed Restriction secured by a Second Lien Deed of Trust and related Note. Insuring Title on 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" SPECIAL WARRANTY DEED Date: , 2019 Grantor: City of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. 0. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee : Camelia Singleton Grantee' s Mailing Address (including County) : 2222 6TH Street Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the Interim City Manager of the City of Port Arthur, Texas, Ronald Burton, 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. 19- 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 Camelia Singleton. PROPERTY (INCLUDING ANY IMPROVEMENT) : N40' of LT 1 & E25' of N40' of LT 2, BLK 188 , 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 549 LIBERTY 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. 19- , 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 her 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. , 2019. GRANTOR, CITY OF PORT ARTHUR BY: RON BURTON, INTERIM CITY MANAGER ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VAL TIZENO, CITY ATTORNEY ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Ron Burton, Interim 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 , 2019 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2019 . GRANTEE : BY: Camelia Singleton ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Camelia Singleton, 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 , 2019 . Notary Public, State of Texas Return Original: Camelia Singleton 2222 6th Street Port Arthur, Texas 77640 Return Copy: City of Port Arthur Attn: Kimberly Redmon P.O. Box 1089 Port Arthur, Texas 77640