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HomeMy WebLinkAboutPO 5835: SPECIAL WARRANTY DEEDS (210 W. 18TH STREET & 2726 6TH STREET) INTEROFFICE MEMORANDUM To: Mayor, City Council, City Manager From: Dale Watson, Director of Planning Date: January 11, 2008 Re: P. O. No. 5835; January IS, 2008 Council Meeting Attached is P. 0. No. 5835 authorizing the conveyance of two (2) vacant properties to low and moderate income residents of the City. The property was originally purchased as listed: 210 W. 18"' Street - 2$ .150.44 2726 6th Street - $1.620.76 Grant Works will build the homes for the-low and moderate income residents. P. O. No. 5835 01/11/2008 dw ORDINANCE NO. AN ORDINANCE AUTHORIZING SPECIAL WARRANTY DEEDS FOR CONVEYANCE OF PROPERTY TO LOW & MODERATE INCOME RESIDENTS OFTHE CITY. WHEREAS, Section 272:001(8) 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 two vacant lots to low & moderate income residents of the City of Port Arthur; and, WHEREAS, Grant Works, Inc. is providing the homes at their cost and at no cost to the residents; and, WHEREAS, this conveyance is hereby authorized and shall be subject to the following conditions: 1. The sale price for the lot shall be Ten (10) Dollar each. 2. Grant Works, Inc. have identified two (2) low & moderate income residents & shall provide new construction of a home to Alice McCray at 210 W. 18`h Street and to Shirley Temple at 2726 6`h Street. 3. Grant Works, Inc. must maintain the property until the completion of new construction for the two (2) low & moderate residents. 4. Should the home or homes not be constructed by December 31, 2008, the property shall revert back to the City. 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, as .listed in Exhibit "A", in a Special Warranty Deed to Shirley Temple and as listed in Exhibit "B" in a Special Warranty Deed to Alice McCray. SECTION 3. That Alice McCray agrees by signing this Ordinance that if the unit at 210 W. 18"' Street is not constructed by December 3.1, 2008, she will convey the property back to the City of Port Arthur. .SECTION 4. That Shirley Temple agrees by signing this Ordinance that if the unit at _2726 6"' Street is not constructed by December 31, 2008, she will convey the property -back to the City of Port Arthur. SECTION 5. That Grant Works will sign this Ordinance agreeing to the terms and conditions therein. 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., 2008, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: ATTEST: ACTING CITY SECRETARY APPROVED FOR FORM: ~-Zc,,,(_ _~,~,~e~ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER AGREED TO: SHIRLEY GASPER TEMPLE: BY: PRINTED NAME: Shirle~Gas~er Temple TITLE: Homeowner AGREED TO: MAYOR AGREED TO: ALICE MCCRAY: BY: PRINTED NAME: Alice McCray TITLE: Homeowner GRANT WORKS, INC. ... .. r- SPECIAL WARRANTY DEED Date: January _, 2008 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089; Port Arthur, Texas, Jefferson County, Texas 77640 Grantee: Shirley Gasper Temple Grantee's Mailing Address (including County): 927 Waco ' Port Arthur, Texas 77640 Jefferson Couhty CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, -Steve Fitzgibbons, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration and under the terms as denoted in Ordinance No. _ 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 Shirley Gasper Temple. PROPERTY (including any improvement): BEING LOT NUMBER THREE (3), IN BLOCK NUMBER ONE HUNDRED NINETY-THREE (193) OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS. RESERVATIONS.FROMRND 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 Ordinance No. _ 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 other 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, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, 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 Grantor has disclaims, any and all representations, warranties, or guaranties of any kind, oral or written, express or implied (except as to title, as hetein 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., 2008. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons, City Manager APPROVED TO A5 TO FORM: . CITY ATTORNEY ATTEST: ACTING CITY SECRETARY STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGEMENT BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, 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, this the _ day of , 2008. Notary Public, State of Texas My Commission Expires AGREED TO AND ACCEPTED ON this the _ day of , 2008. GRANTEE: BY: SHIRLEY GASPER TEMPLE ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Shirley Gasper Temple, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2008. Notary Public, State of Texas My Commission Expires Return to: Original to Grantee: Shirley Gasper Temple c/o Housing Assistance Division 444 4th Street Room 203 Annex Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Assistance Division 444 4th Street Room 203 Annex Port Arthur, TX 77640 r „g,~ lIB I I-IX3 SPECIAL WARRANTY DEED Dater January _, 2008 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, TX 77640 Jeffetson County, Texas Grantee: Alice McCray Grantee's Mailing Address (including County): 1539 Houston Avenue PortArthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration as denoted in Ordinance No. _ 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 Alice McCray. PROPERTY (including any improvement): LOT NUMBER TWO (2), IN BLOCK NUMBER SEVENTEEN (17), PORT ARTHUR HEIGHTS ADDITION, OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF RECORD IN VOL. 2 PAGE lib MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS. 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. _ 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 other 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, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, 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 bylaw, 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 coridition of the property, but is relying on Grantee's examination of the property. Executed on the ,day of A.D., 2008. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons, City Manager APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: ACTING CITY SECRETARY ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, 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, this the day of , 2008. Notary Public, State of Texas My Commission Expires .AGREED TO AND ACCEPTED ON this the _ day of , 2008. GRANTEE: BY: ALICE MCCRAY ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Alice McCray, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2008. Notary Public, State of Texas My Commission Expires Return to: Original to Grantee: Alice McCray clo Housing Assistance Division 444 4~' Street Room 203 Annex Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Assistance Division 444 4~h Street Room 203 Annex Port Arthur, TX 77640