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HomeMy WebLinkAboutPO 5848: RESCIND 08-10 & EXECUTE SPECIAL WARRANTY DEEDS - 210 W. 18TH STREET & 821 W. 15TH STREETINTEROFFICE MEMORANDUM To: Mayor, City Council, City Manager From: Dale Watson, Director of Planning ~~~ Date: February 7, 2008 Re: P. O. No. 5848; February 12, 2008 Council Meeting Please find attached Proposed Ordinance No. 5848. This item rescinds Ordinance No. 08-10, in order to make a correction to the address that was listed from 831 W. 15"'. St. to 821 W. 15~' St. This ordinance authorizes 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 - 2 150.44 821 W. 15~h Street - $ 2.929.29 Grant Works will build the homes for the low and moderate income residents. z.po5835_temple_mcray_grant works-2 amended P. 0. No. 5848 02/7/2008 dw ORDINANCE N0. AN ORDINANCE RESCINDING ORDINANCE NO. 08-10 AND AUTHORIZING THE EXECUTION OF._SPECIAL WARRANTY DEEDS FOR THE CONVEYANCE OF PROPERTY TO -LOW & MODERATE INCOME RESIDENTS OF THE CITY WHEREAS, at the January 29, 2008, Council Meeting, Ordinance No. 08-10 authorized the conveyance of two vacant lots to low & moderate income residents of the City of Port Arthur; and WHEREAS, there is a need to make a correction to one of the addresses; and WHEREAS, the correct address to be conveyed is 821 West 15"' Street instead of 831 West 15"' Street, as listed in Ordinance No. 08-10; and 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 servesa public purpose; and WHEREAS, Jefferson County through a Texas Department of Housing & Community Affairs (TONGA) HOME Disaster Relief Grant is providing the funding for the homes at no cost to the residents; and WHEREAS, the City Council wishes to rescind Ordinance No. 08-10 and authorizes the conveyances of the two vacant lots subject to the following conditions: 1. The sale price for the lot shall be Ten (10) Dollar each. 2. Jefferson County has identified two (2) low & moderate income residents & shall provide new construction of a home to Alice McCray at 821 W. 15"' Street and to Shirley Temple at 210 W. 18`h Street 3. 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 rescinds Ordinance No. 08-10. z.po5835_temple_mcray~rant works-2 amended SECTION 3. That the City Council authorizes the City Manager to convey the real ,„ property, as listed in Exhibit' A , in a Special Warranty Deed to Shirley Temple at 210 West 18tH Street and as listed in Exhibit "B" in a Special. Warranty Deed to Alice McCray at 821 West 15"' Street. SECTION 4. That Alice McCray agrees by signirig this Ordinance that if the unit at 821 W. SStn Street is not constructed by December 31, 2008,. she will convey the property back to the City of Port Arthur. SECTION 5. That Shirley Temple agrees by signing this Ordinance that. if the unit at 210 W. 18th Street is not constructed by December 31, 2008, she will-convey the property back to the City of Port Arthur. 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: MAYOR ATTEST: ACTING CITY SECRETARY APPROVED F RFORM: CITY ATTOR (CYO b . O ~~ APPROVED FOR ADMINISTRATION: CITY MANAGER z.po5835_temple_mcray_granttyorks-2 amended AGREED TO: SHIRLEY GASPER TEMPLE: BY: PRINTED NAME: Shirley Gasper Temale TITLE: Homeowner AGREED TO: ALICE MCCRAY: BY: PRINTED NAME: Alice McCrav TITLE: Homeowner z.po5835_temple_mcray~rant works-2 amended EXHIBIT ~~A" z.po5835_temple_mcray_grantworks-2 amended SPECIAL WARRANTY DEED Date: 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 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 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 arid CONVEY unto Shirley Gasper Temple: 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 fN VOL. 2 PAGE T38 MAP RECORDS IN THE OFFICE OF THE COiJNTY CLERK OF JEFFERSON COUNTY, TEXAS, ALSO,KNOWN AS 210 W. 18T" STREET. 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 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 othergovernmental 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, togetherwith 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 othervvise. 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, z.po5835_temple_mcray_grant works-2 amended 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 guararities 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 proftability, suitability, or ftness 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 Fitrgibbons, 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 z.po5835_temple_mcray_grant works-2 amended 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 4`h Street Room 203 Annex Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Assistance Division 444 4"' Street Room 203 Annex Port Arthur, TX 77640 z.po5835_temple_mcray_grant works-2 amended EXHIBIT ~~B" z.po5835_temple_mcray_grant works-2 amended SPECIAL WARRANTY DEED Date: Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, TX 77640 Jefferson County, Texas Grantee: Alice McCray Grantee's Mailing Address (including County): 1539 Houston Avenue Port Arthur, 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 ten (10), IN BLOCK G, OF 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 138 MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF JEFFERSON COUNTY, TEXAS, ALSO KNOWN AS 82l WEST 15T" STREET. 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, forthe consideration and subject to the reservation from any exceptions to conveyance and warranty, grants sells and conveys to Grantee the properly, 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, orassigns forever. Grantor binds Grantor and Grantor's Heirs, executors, . administrators, and successors to warranfand foreverdefend 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, z.po5835_temple_mcray~rant works-2 amended 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 APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: ACTING CITY SECRETARY A.D., 2008. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitrgibbons, City Manager 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 z.po5835_temple_mcray_grant works-2 amended AGREED TO AND ACCEPTED ON this the _ day of , 2008. GRANTEE: BY: ALICE MCCRAY STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGEMENT 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: Copy to Grantor: Alice McCray c/o Housing Assistance Division 444 4~' Street Room 203 Annex Port Arthur, Texas 77640 City of Port Arthur Housing Assistance Division 444 4`h Street Room 203 Annex Port Arthur, TX 77640 z.po5835_temple_mcray_granftyorks-2 amended