HomeMy WebLinkAboutPO 5962: BEAUMONT HABITAT FOR HUMANITY SPECIAL WARRANTY DEEDinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager ~a.,~
From: Valecia R. Tizeno, First Assistant City Attorney
Date:. December 10, 2008 _--
Subject: P. O. No. 5962; Council-Meeting December 16, 2008 _
Attached is P. O. No. 5962 authorizing Special Warranty Deeds
for property to Beaumont Habitat for 'Humanity.
VRT:gt
Attachment
z.po5962 memo
P. O. No. 5962
12/09/08 vrt
NO.
AN ORDINANCE AIITHORIZING SPECIAL WARRANTY f I
DEEDS FOR PROPERTY TO BEAIIMONT HABITAT FOR
HIIMANITY
WHEREAS, Beaumont Habitat for Humanity was chartered as a
Texas non-profit corporation to provide safe, decent and affordable
housing to low and moderate income families; and
WHEREAS, Section 272.001(g) 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 four vacant lots
delineated in Exhibit "A - D" to Habitat-for Humanity; and
WHEREAS, this conveyance is hereby authorized and shall be
subject to the following conditions:
1. The sale price for the lot shall be ONE ($1) DOLLAR each.
2. Beaumont Habitat for Humanity shall hold title to the
lots up to and until the construction of the houses.
3. After the construction is complete, title will be
transferred to a low and moderate homebuyer at no cost.
4. Beaumont Habitat for Humanity must maintain the property
until it is conveyed 'to a low and moderate income
homebuyer.
z.po5962
5. Should the units not be constructed by January 1, 2010,
Habitat for Humanity agrees to convey the property back
to the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
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 listed in the Special
Warranty Deeds delineated in Exhibits "A through D" to Habitat
for Humanity.
Section 3. That Habitat for Humanity agrees that by
signing the Ordinance ,that if homes are not constructed on the
four lots referenced in Exhibits "A through D" by January 1,
2010, each vacant lot will be conveyed back to the City of Port
Arthur.
Section 4. 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 a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council
z.po5962
NOES:
MAYOR
ATTEST:.
ACTING CITY SECRETARY
APPROVED AS TO FORM:.
oC.X, ,
CITY ATTORNEY 0~ ~~~~~ O F-\
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.po5962
EXHIBIT ~~A"
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: Habitat for Humanity
Grantee's Mailing Address (including County): 610 Trinity
Beaumont, Texas 77701
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. 08- 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 Habitat for Humanity.
PROPERTY {including any improvement): Lot 5A, a Re-plat of Lots Numbered Five, Six,
Seven, Eight, Nine and Ten (5, 6, 7, 8, 9 & 10) and the South Thirty-five feet of Lot .
Eleven (S. 35' of 11), Block Number Three (3) of SUNNYLAND, an Addition near 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. 16 page 351 Map Records 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 Ordinance No. 08-_ 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 warranfy, 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 afl and singular the property to Grantee and Grantee's heirs, executors,.
administrators, successors, and assigns, against every person whomsoever lawfully claiming or
z.po5962_special warranty deeds
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 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 , A.D., 2008.
GRANTOR,
CITY OF PORT ARTHUR
By: Steve Fitzgibbons, City Manager
APPROVED TO AS TO FORM:
CITY ATTORNEY
ATTEST:
ACTING CITY SECRETARY
z.po5962_special warranty Reeds
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:
Habitat for Humanity
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
.2008.
Notary Public, State of Texas
My Commission Expires:
z.po5962_special vrartanty deeds
Return to: Original to Grantee:
Copy to Grantor:
Habitat for Humanity
610 Trinity
Beaumont, TX 77701
City of Port Arthur
Housing Assistance Division
444 4`h Street Room 203 Annex
Port Arthur, TX 77640
z.po5962_spetlal warranty deeds
EXHIBIT ~~B"
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: Habitat for Humanity
Grantee's Mailing Address (including County): 670 Trinity
Beaumont, Texas 77701
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitrgibbons,
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. 08-_ 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 Habitat for Humanity.
PROPERTY (including any improvement): Lot 6A, a Re-plat of Lots Numbered Five, Six,
Seven, Eight, Nine and Ten (5, 6, 7, 8, 9 & 10) and the South Thirty-five feet of Lot
Eleven (S. 35' of 11), Block Number Three (3) of SUNNYLAND, an Addition near 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. 16 page 351 Map Records 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 Ordinance No. 08- 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.
z.po5962_special warranty deeds
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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 has disclaims, any and all representations,
warranties; or guaranties of any kind, opal or written; express'or. implied (exceptas to title, as
herein provided and limited) concerning the property, iricluding; without limitation; the
profitability; suitability; or fitness for a particular purpose of-the property;.Grantee acknowledges
and stipulates 1hat.Grantee is not relying on any representation,•statement, orother assertions
of the.City with respect to the condition of.the property, but is relying on. Grantee's examination
of the property. - _ . , .. . - ..,, _ .. .., . .
Executed ori'tfie~.r, ` day of ~ ~ `° c1 s ' " ' `"'` < , A.D., 2008.
GRANTOR,
CITY OF PORT ARTHUR
.f ~ By: Steve Fitzgibbons, City Manager
APPROVED TO AS TO FORMv_ r ~ f „ _ r,
f,z•,r-4
CITY ATTORNEY -~r
ATTEST:
«:..:
ACTING CITY SECRETARY
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Return to: Original to Grantee:
Copy to Grantor:
Habitat for Humanity
610 Trinity
Beaumont, TX 77701
City of Port Arthur
Housing Assistance Division
444 4rh Street Room 203 Annex
Port Arthur, TX 77640
z.po5962_special warranty deeds
EXHIBIT ~~C"
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: Habitat for Humanity
Grantee's Mailing Address (including County): 610 Trinity
Beaumont, Texas 77701
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. 08- 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 Habitat for Humanity.
PROPERTY (including any improvement): Lot 7A, a Re-plat of Lots Numbered Five, Six,
Seven, Eight, Nine and Ten (5, 6, 7, 8, 9 & 10) and the South Thirty-five feet of Lot
Eleven (S. 35' of 11), Block Number Three (3) of SUNNYLAND, an Addition near 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. 16 page 351 Map Records 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 Ordinance No. 08-_ 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.
z.po5962_special wartanty deeds
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 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 Fitzgibbons, City Manager
z.po5962_specialwarranty deetls
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:
Habitat for Humanity
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
2008.
Notary Public, State of Texas
My Commission Expires:
z.po5962_special erdrranry deeds
Return to: Original to Grantee:
Copy to Grantor:
Habitat for Humanity
610 Trinity,
Beaumont, TX 77701.
City of Port Arthur
Housing Assistance Division
444 4th Street Room 203 Annex
Port Arthur, TX 77640
z.po5962_special wartanty deeds
EXHIBIT ~~D"
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: Habitat for Humanity
Grantee's Mailing Address (including County): 610 Trinity
Beaumont, Texas 77701
Jefferson Courity
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: 08- 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 Habitat for Humanity.
PROPERTY (including any improvement): Lot 8A, a Re-plat of Lots Numbered Five, Six,
Seven, Eight, Nine and Ten (5, 6, 7, 8, 9 & 10) and the South Thirty-five feet of Lot
Eleven (S. 35' of 11), Block Number Three (3) of SUNNYLAND, an Addition near 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. 16 page 351 Map Records 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 Ordinance No. 08-_ 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.
z.po5962_special warranty deeds
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 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
A.D., 2008.
GRANTOR,
CITY OF PORT ARTHUR
By: Steve Fitrgibbons, City Manager
APPROVED TO AS TO FORM:
CITY ATTORNEY
ATTEST:
ACTING CITY SECRETARY
z.po5962_special warranty deeds
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
2008.
day of
Notary Public, State of Texas
My Commission Expires:
AGREED TO AND ACCEPTED ON this the _ day of
GRANTEE:
BY:
Habitat for Humanity
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGEMENT
2008.
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
2008.
Notary Public, State of Texas
My Commission Expires:
z.po6962_special warranty deeds
Return to: Original to Grantee:
Copy to Grantor:
Habitat for Humanity
610 Trinity
Beaumont, TX 77701
City of Port Arthur
Housing Assistance Division
444 4`h Street Room 203 Annex
Port Arthur, TX 77640
z.po5962_special warranty deeds