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Home My WebLink AboutPO 6953: SALE OF CITY OWNED PROPERTY, LOT 44, MARINA COLONY SUBDIVISION IN PLEASURE ISLAND P. O. No. 6953 04/07/21 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED PROPERTY LEGALLY DESCRIBED AS LOT 44, MARINA COLONY SUBDIVISION IN PLEASURE ISLAND, COMMONLY KNOWN AS 400 ISLAND WAY AND EXECUTION OF A SPECIAL WARRANTY DEED FOR CONVEYANCE THEREOF WHEREAS, on February 19, 2021, City Council authorized a Motion to sell the city owned property commonly known as 400 Island Way in Pleasure Island by a licensed real estate broker; and WHEREAS, pursuant to Section 253.014(b)(d) of the Texas Local Government Code, the City of Port Arthur listed the tract of land for sale for a minimum of thirty (30) days with a multiple-listing service; and WHEREAS, it is deemed in the best interests of the public to authorize the sale of Lot 44, Marina Colony Subdivision in Pleasure Island, Port Arthur, Jefferson County,Texas, for the purchase price of $20,500.00. 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 finds that the requirements under Section 253.014 of the Texas Local Government Code have been met. Section 3. That a readily willing and able buyer has been produced by a broker using the multiple listing service. Section 4. That the City Manager, is authorized to convey the city owned property legally described as Lot 44, Marina Colony Subdivision in Pleasure Island, commonly known as 400 Island Way, Port Arthur, Jefferson County, Texas, and contingent upon closing, s.po6953 execute a Special Warranty Deed, in substantially the same form, as attached hereto as Exhibit "A", to Mark Diaz in the amount of $20,500.00. Section 3. 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., 2021, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: l(t1 ,-.0 Valecia R. Tiz , City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager s.po6953 EXHIBIT "A" s.po6953 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THE INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: day , 2021 Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address (including county) P.O. Box 1089 Port Arthur, Texas 77641 Jefferson County Grantee: Mark Diaz Grantee's Mailing Address (including county): 7418 Circle 5 Orange, Texas 77632 Orange County Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): Lot Numbered Forty-four (44) of REPLAT OF MARINA COLONY, SECTION ONE (.133AC), a Subdivision to the City of Port Arthur, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Vol. 14, Page 207 Map Records of Jefferson County, Texas. Reservations from and Exceptions to Conveyance and Warranty: Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and to hold it to Grantee and Grantee' s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor' s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. 1 Easements,rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances,that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; property taxes for prior years,the payment for which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes; and navigational servitude asserted by any governmental authority. 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 relying 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 except for limited warranties of title set forth in this deed. 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 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 thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. Executed on the day of A.D. 2021. GRANTOR: CITY OF PORT ARTHUR By: Ronald Burton, City Manager APPROVED AS TO FORM: Val Tizeno, City Attorney 2 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton for City of Port Arthur, known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the County of Jefferson, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 2021. Notary Public, State of Texas Print Notary Name Here 3 Grantee' s Acceptance of Deed Mark Diaz, accept the attached Deed and consent to its form and substance. Grantees acknowledges that the terms of the Deed conform with Grantee's intent and that they will control in the event of any conflict with any contract Grantees signed regarding the Property described in the Deed. GRANTEE: By: Mark Diaz ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Mark Diaz,known to me to be the person whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same as the act and deed of the County of Jefferson, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 2021. Notary Public, State of Texas Print Notary Name Here 4