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Home My WebLink AboutPO 5873: 3510 LAKE ARTHUR DRIVE - SALE OF PROPERTYMemorandum City of Port Arthur, Texas Purchasing Division TO: Stephen Fitzgibbons; City Manager FROM: Clifton Williams, Senior Purchasing Assistant °;, xI DATE: April 9, 2008 SUBJECT: Proposed Ordinance No. X873 . RECOMMENDATION The Purchasing Division recommends that the City Council adopt, Proposed Ordinance 5873. This ordinance will authorize the City Manager to execute a Special Warranh Deed and other insu'uments necessary for the sale of Lot 7, Block 3, The Park at Lake Arthur, 3510 Lake Arthur Drive. ' The City of Port Arthur received ownership of 310 Lake Arthur Drive through a settlement stated in Resolution 05-355. The City advertised for bids on March 2, 2008 and March 10, 2008 with two identical responses. Because the two bids received were identical, the Mayor will draw to determine the award. P.O. N0.5873 04/1/2008 ys ORDINANCE NO. AN ORDINANCE AWARDING A BID FOR THE SALE OF PROPERTY LOCATED,AT 3510 LAKE ARTHUR DRIVE WHEREAS, the City Council deems it is in the best interests of the citizens to sell property located at 3510 Lake Arthur Drive; (the legal description is Lot 7, Block 3, The Park at Lake Arthur Addition, Port Arthur, Jefferson County, Texas); and A \~'HEREAS, the City Purchasing division advertised for bids on March 2, 2008 and March 10, 2008 for the sale of property located at 3510 Lake Arthur Dm~e; and WHEREAS, the City received two bids for $65,500 from Kim Redmon and Deborah Freeman; and «'IIEREAS, pursuant to section 271.901 of the Texas Local Government Code, lots were cast to determine the award of the bid; and WHEREAS, it has been determined by the casting of lots that the offer from is the most responsible bid for the purchase of the property located at 3510 Lake Arthur Drive in the amount of $65,500. NO~V THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Sec?ion 1. Section 2. THAT the facts and opinions in the preamble are true and correct. THAT the City Council awards the bid for purchase of property at 3510 Lake Arthur Drive to in the amount of $65,500. Section 3. THAT the City Council authorizes the City Manager to execute a Special Warranty Deed, attached hereto as Exhibit "A", and other instruments necessary zpo5873 04/1/2008 ys ' P.O.NO.5873 Page 2 for the sale of property located at 3510 Lake Arthur Drive, in a form to be approved by the City Attorney. Section 4. THAT this Special Warranty Deed shall be delivered once the • 565,500 is paid in full to the City. .Section 5: THAT a copy of the caption of this Ordinance be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this -day of April, 2008, A. D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: ' AYES: Pfayor Counciln~~embers: z.po5873 , 04/1/2008 ys P.O. NO.5873 Page 3 Mayor , ATTEST: Acting City Secretary APPROVED AS TO FORM: i%~ . City AttomeY % 2;y~~ %~~ ~%~ ~~ ~-«- f~ ~~ APPROVED FOR ADMINISTRATION: City Manager ' ~oss7s _ . 4 ~ EXHIBIT "A" r SPECIAL WARRANTY DEED , Date: , 2008 Grantor: CITY OF PORT ARTHUR, TEXAS, a Municipal Corporation Grantor's Mailing Address: CITY. OF PORT ARTHUR, TEXAS P.O. Box 1.089 Port Arthur, Jefferson County, Texas Grantee: Grantee's Mailing Address: Jefferson Courity, Texas. Consideration: SIXTY-FIVE THOUSAND FNE HUNDRED AND NO/100 DOLLARS (565,500) and other good and valuable consideration, the receipt and .sufficiency of which are hereby acknowledged. Property (including any improvements): ` Lot 7, Block 3, The Park At Port Arthur, Port Arthur, Jefferson County, Texas. Reservations from Conveyance: This. Conveyance is subject to the Easement filed in the Deed Records of Jefferson County Texas under Clerk's File No. 2006049414 (attached hereto as Exhibit "A-1"). Exceptions to Conveyance and Warranty: Grantor, for the consideration and subject to the reservations from and 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 to hold it to . Grantee, Grantee's heirs, executors,`administrators, successors, or assigns forever. Grantor binds Giantor 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, 1 successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. "CONDITION OF PROPERTY AS-IS" As a material part of the Consideration for this deed; Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is telying on Grantee's examination of the " Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties. ry As part of the consideration for this deed, Grantor and Grantee agree that, as between Grantor and Grantee, the risk of liability or expense for environmental problems, even if arising from events before closing, is the sole responsibility of Grantee, regardless of whether the environmental problems were known or unknown at closing. Grantee indemnifies, holds harmless, and releases Grantor from liability for any latent defects and from any liability for environmental problems affecting the property, including liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Texas Solid Waste Disposal Act, or the Texas Water Code. Grantee indemnifies, holds harmless, and releases Grantor from any liability for environmental problems affecting the property arising as the result of Grantor's own negligence or the negligence of Grantor's representatives. Grantee indemnifies, holds harmless, and releases Grantor from any liability for environmental problems affecting the property arising as the result of theories of products liability and strict liability, or under new laws or changes to existing laws enacted after the effective date that would otherwise impose on Grantor in this type of transaction new liabilities for environmental problems affecting the property. When the context requires, singular nouns and pronouns include the plural. EXECUTED on this the _ day of , A.D:, 2008. GRANTOR CITY OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER 2 ACKNOWLEDGEMENT THE 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 described 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 considerations therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D, 2008. NOTARY PUBLIC, STATE OF TEXAS APPROVED TO AS TO FORM: CITY ATTORNEY , Return to Grantor: City of Port Arthur - Legal Deparhnent P. O. Box 1089 y Port Arthur, TX 77641-1089 3' ., III EA5 .2006049414 - 2 PGS EASEMENT THE STATE OF TEXAS _ § - ~ § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT for and in conaideratiori~of~the sum of TEN DOLLARS ($10.00) AND OTHER considerations to the undersigned (herein styled Grantor, whether one or more), paid,. the receipt of which is hereby acknowledged, and subject to the agreements, covenants ,and conditions hereinafter stated,' the City of Port Arthur does hereby BARGAIN, SELL AND GRANT unto e City of Port Arthur, (herein styled Grantee), its successors and assigns, a non-exclusive easement to maintain an existing storm sewer line on land described as: 3510 Lake Arthur Drive (Lot 7,Block 3, The Park~atPOrt Arthur), Port Arthur, Jefferson County, Texas. Said storm. sewer line is directly under the residence. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted; or any of them, shall be used by Grantee for the purposes herein. granted, with ingress to and , egress from the premises, for the purposes of operating and maintaining a storm water line. SIGNED AND AGREED TO on this'the 3Cili day of ~'~~'~~~'~~-'-['.j2 2006 z. mohanmad_easement CITYOF PORT ARTHUR BY: Stephen Fitzgibbons City Manager. 1 THE STATE OF TEXAS COUNTY OF JEFFERSON `ACF¢dOWLEDGEMENT .BEFORE ME, THE UNDERSIGNED Notary Public; on this day personally appeared Stephen Fitzgibbons, City Manager, a duly authorized representative of the.. City of.POrt Arthur, known to me to be the person whose name is described to the foregoing instrument, ano aC'1CRVVJl edged %v i~ic tria i, he ci:CC::t C'd ~ti=C' ~3^'e c._ tho art ~n c1 rlaarl of City of Port Arthur, for the purposes and considerations. therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, /~, r, J ~ ,,, b e2 , 2006 . a R~ P(iSo __~°_'" '~ GWEN THIBDDEAUX ' t~f 3 ~F NMZry PoOIk. State of Tens .`~i~'Fa~$~`~ MyCmnrnisaiao~hpires 04-Od•09 "!mnun~ 5-. AFTEP. RECCRDIL3G, P?.E."-.SrS'-. RETTJF.N '^O: CITY OF PORT ARTHUR LEGAL DEPARTMENT ' P. 0. E4OX 1089 - POAT ARTHUR, TX 77641-1089 ~ 'I ~i this. the J ~~ day of Notary Public` State of Texas i ~-cam l ~ .-<s-k-ti. ~~ and for the FILED AND RECORDED OFFICIRL PUBLIC RECORDS ~~. ~. _ -2006 Dec 18.02:36 PI1 2006049414 RNNEiL ISfi $20.00 CEiROLYN L. GUIDRY ~COUN TY CLERK JEFFERSON COUNTY TEXRS z.mohammad_easemenC