HomeMy WebLinkAboutPR 14750: TRUMAN ADDITION - RELEASE OF LIENSinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney /.~~ ~~~
Date:. May 30, 2008
Subject: P. R. No. 14750; Council Meeting June 3, 2008
.Attached is P. R. No. 14750 as it pertains to release of
liens on Lots 57, 58, and 59 of Truman Addition.
MTS:gt
Attachment
cc: Linda Park
Realtor
COLDWELL BANKER SOUTHERN HOMES
2.pr14750_memo
P. R. No. 14750
05/28/08 gt
RESOLIITION NO.
A RESOLIITION AS IT PERTAINS TO RELEASE OF
LIENS ON LOTS 57, 58, AND 59 OF TRIIMAN
ADDITION
WHEREAS, Section 34-88 of the Code of Ordinances indicates
that for liens in excess of $5,000 per lot, the liens can be waived
at the discretion of the City Council on the showing that the new
construction value or cost of construction will be at least three
(3) times the value of liens; and
WHEREAS, the Director of Community Services received a request
from Linda Park, Realtor for Coldwell Banker Southern Homes, to
release the liens on Lots 57, 58, and 59 of Truman Addition and
that they have a potential buyer, TruCraft Builders, Inc., for the
property at Davis Avenue (Lots 57, 58, and 59 of Truman Addition),
as denoted in Exhibit "A"; and
WHEREAS, the City has a lien on this property in the amount of
approximately $8,142.94, as denoted in Exhibit "B"; and
WHEREAS, the City Council will release the lien on the
condition that the buyer or seller will pay the City of Port Arthur
$4,000, and the purchaser will build two (2) duplexes, with,a total
value of .three (3) times the value of the liens within twelve (12) '
months of the date of this Resolution; as denoted in Exhibit "C".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY
',,
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OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Manager is herein authorized
to sign the Release of Lien, in substantially the same form as
attached hereto as Exhibit "D", which conditions the release of
the liens on the construction by the buyer of two (2) duplexes or
residential structures at a value of at least $100,000 within
twelve (12) months.
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the Corporation.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
NOES:
Mayor
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
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APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
Lawrence Baker
From: "Linda Park" >
To: <bakerl@portarthur.net>
Sent: Tuesday, May 20, 2008 12:35 PM
Subject: Re:Lots 57 - 59 on Davis in Port Arthur
Mr. Baker
Per our conversation 1 ask for a re-deduction in the
fees charged by the City of Port Arthur I assume for
maintenance on this property (Lots 57 - 59 of Truman
addition, Port Arthur)
I am Erma Thomas Realtor I have a Buyer for this
property that would like to build new homes on this
property and we are ready to close this deal and just
learned about these fees. The seller has no money to
bring to the table to close if we could reduce these
fees it could benefit all party involved
The City of Port Arthur would not have to keep cutting
the grass the Seller could get rid of this property
that is costing the City and the buyer would improve
the property with new homes
I have already reduced Broker fees in order to get
this closed and now we find out about the maintenance
fees of $8142.94
Your help with this situations would be greatly
appreciated.
Linda Park, Realtor
Coldwell Banker Southern Homes
727-0420 ex 26 '
626-1324 cell
~~
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DEVELG;?~,4EN7
SERVI(;ES D1ViS1C3N
5/20/2008
EXHIBIT ~~B"
Mt2D1101 Cl ty
of
Port
Arthur 4/23/08
_______
_
_
_ ____ ___________
~ ~.
~ Customer Type Balance Detaf I Di s~pl ay '
~ Customer I D .. 1895 Cur~nt ba I a nce 7, 052. 00 '
THOMAS, ERM4 Loan balance . 00 '
~ Customer tyype cod e CE Total 7,052.00 '
CODE ENFORCENfNT
~ Pend1 ng. balance . 00 '
Deposit balance .00 '
~.
Trans Date Code Descri ptl on Trans Arrount Open Amount '
' 3/25/08 stnrn Statements Processed .00 .00 '
1/09/08 strrrn Statements Processed .00 .00 '
12/ 18/07 CE 8132 DAVI S AVE 100. 00 100. 00 ~
12/ 18/07 CE 8132 DAVI S AVE 26.25 26.25
12/ 18/07 CE
8138 DAVI S AVE
100. 00 ~
100. 00
12/ 18/07 .CE
8138 DAVI S AVE
26.25 ~
26. 25
fibre... '
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7v052.00t
119.33+
iU8.21+
108.21+
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10783+
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10'1.03+
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EXHIBIT ~~C"
Page 1 of 1
Mark Sokolow
From: "Linda Park" >
To: <mark@portarthur.net>
Sent: Thursday, May 29, 2008 2:$7 PM
Attach: John Wynn.pdf
Subject: Lots on Davis
Mark
Attached is info you ask about concerning the property
at 8132 Davis Lot 57 Blk Truman; 8138 Davis Lot 58
Truman, and 8144 Davis Lot 59 Truman Port Arthur.
The Builder e-mailed me saying two of the houses will
be $200,000. and one Will be $160,000. The
constructions will begin in the next 2 to 3 weeks
Attached is his e-mail to me. We would appreciate you
help on this matter
Thanks You and have a great day
Linda Park
Coldwell Banker Southern Homes
727-0420 ex 26
626-1324 cell
5/29/2008
Hi Linda:
I got your message late last nigfit.
. Two of the homes will lie approx $200K -and one will be $1'60K. "The construction loans are almost inplace and we
will begin building in the next 2 to 3 weeks. The engineering is already complete`.
Iwill. be out of town, but you can contact Antonio for additional infomiafion. His email is in the CC line.
John L. Wynn
TruCraft Builders, Inc. - -
22606 Kuykendahl Rd.
Spring, TX 77389
Ph: 281-376-7904
Cell: 281-220-9087
Fax: 281-376-0368 -
EXHIBIT "D"
RELEASE OF LIENS
THE STATE OF TESAS §
§
COUN'PY OF JEFFERSON §
WHEREAS, the City of Port Arthur, a Municipal Corporation
duly organized under the laws of the State of Texas, has
heretofore been the owner and holder of a lien or liens upon and
against the property described below; said lien or liens being
more particularly described as follows:
Weed and/or Trash Lien dated December 13, 1971 filed by the
City of Port Arthur against Owen Laphan, in the amount of
$168.73, recorded in Volume 1414, Page 390 of the Mortgage &
Lien Records of Jefferson County, Texas.
Weed and/or Trash Lien dated January 18, 1988 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$22.33, recorded under County Clerk's Film Code No. 102-14-
2334 of the Real Property Records of Jefferson County,
Texas.
weed and/or Trash Lien dated January 18, 1988 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$22.33, recorded under County Clerk's Film. Code No. 102-14-
2340 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated September 9, 1988 filed by the
City of Port Arthur against Erma C..Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-42-
0311 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated September 9, 1988 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-42-
0314 of the Real Property Records of Jefferson County,
Texas.
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Weed and/or Trash Lien dated September 9, 1988 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-42-
0317 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated March 27, 1989 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-66-
0712 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated March 27, 1989 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-66-
0715 of the Real Property Records of Jefferson County,
Texas.
weed and/or Trash Lien dated March 27, 1989 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$39.91, recorded under County Clerk's Film Code No. 102-66-
0718 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated November 12, 1990 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-45-
2593 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated November 12, 1990 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-45-
2596 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated November 12, 1990 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-45-
2599 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated April 29, 1991 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-65-
1150 of the Real Property Records of Jefferson County,
Texas.
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Weed and/or Trash Lien dated April 29, 1991 filed by the
City of-Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-65-
1153 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated April 29, 1991 filed by the
City of Port Arthur against Erma C. Thomas in the amount of
$38.65, recorded under County Clerk's Film Code No. 103-65-
1156 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated July 27, 1992 filed by the City
of Port Arthur against Erma C. Thomas in the amount of
$40.23, recorded under County Clerk's Film Code No. 104-35-
1242 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated June 25, 1992 filed by the City
of Port Arthur against Erma C. Thomas in the amount of
$40.23, recorded under County Clerk's Film Code No. 104-35-
1245 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated June 25, 1992 filed by the City
of Port Arthur against Erma C. Thomas in the amount of
$40.23, recorded under County Clerk's Film Code No. 104-35-
1248 of the Real Property Records of Jefferson County,
Texas.
Weed and/or Trash Lien dated October 17, 2000 filed by the
City of Port Arthur in the amount of $394.00, $345.00 and
$295.00, recorded under County Clerk's File No. 200039457 of
the Official Public Records of Real Property of Jefferson
County, Texas.
The City hereby releases the above-described liens
heretofore existing against such property, to-wit:
Lot Numbers Fifty-seven (57), Fifty-eight (58) and Fifty-
nine (59) of TRUMAN ADDITION to the City of Port Arthur,
Jefferson County, Texas, according to the map or plat of
record in the office of the County Clerk in Volume 8, Page
66, of the Map Records of said County and State.
THAT this release is contingent upon the buyer, TruCraft
Builders, Inc., building two duplexes or residential structures
within twelve months, maintaining the lots and not causing the
City to-expend funds therefore, and building two duplexes. or
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residential structures thereon that will be appraised for over
$100,000.
IN WITNESS WHEREFORE, the City of Port Arthur has caused by
these presents to be executed by the City Manager, Stephen
Fitzgibbons, duly authorized, and attested by its City Secretary,
Evangeline Green., this day of June, A.D., 2008.
THE CITY OF PORT ARTHDIt
By:
Stephen Fitzgibbons, City Manager
ATTEST:
Terri Hanks, Acting City Secretary
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS §
CODNTY OF JEFFERSON ~
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Stephen 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 deeds of the City of
Port Arthur, for the purposes and considerations therein
expressed, and in the capacities therein stated.
GIVEN DNDER MY HAND AND SEAL OF OFFICE this day of
2008.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
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AGREED TO:
TRIICRAFT BIIILDERS, INC.
BY:
DATE:
THE STATE OF TEAS
COIINTY OF JEFFERSON
BEFORE ME, the undersigned Notary Public, on this day
personally appeared 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 deeds
of TruCraft Builders, Inc. for the purposes and considerations
therein expressed, and, in the capacities therein stated.
GIVEN IINDER M7C HAND AND SEAL OF OFFICE, this day of
. 2008.
Notary Public In And For
The State of Texas
AFTER RECORDING RETIIRN TO:
CITY OF PORT ARTHIIR
Legal Department
P. O. Box 1089
Port Arthur, Texas 77641-1089
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