HomeMy WebLinkAboutPO 6984: CITY OF CITY OWNED PROPERTY, LOT 43, MARINA COLONY SUBDIVISION IN PLEASURE ISLAND P. O.No. 6984
09/21/21 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED
PROPERTY LEGALLY DESCRIBED AS LOT 43, MARINA COLONY
SUBDIVISION IN PLEASURE ISLAND, COMMONLY KNOWN AS 400
ISLAND WAY AND EXECUTION OF A SPECIAL WARRANTY DEED FOR
CONVEYANCE THEREOF
WHEREAS, in a Special Executive Meeting held on February 19, 2021, City Council
authorized a Motion to sell the city owned properties located in the Marina Colony Subdivision on
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 contracted a licensed real estate broker to list a tract of land legally described as
Lot 43, Marina Colony Subdivision in Pleasure Island, commonly known as 406 Island Way, Port
Arthur, Jefferson County,Texas for sale for a minimum of thirty(30) days with a multiple-listing
service; and
WHEREAS, it is now deemed in the best interests of the City to authorize the sale of said
tract of land to the highest offered 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 the licensed real
estate broker utilizing the multiple listing service.
Section 4. That the City Manager,is hereby authorized to convey the city owned property
legally described as Lot 43,Marina Colony Subdivision in Pleasure Island,commonly known as 406
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Island Way, Port Arthur, Jefferson County, Texas, and contingent upon closing, execute a Special
Warranty Deed, in substantially the same form, as attached hereto as Exhibit"A", to Marcus G.
Morris, and wife Opal G. Morris in the amount of$20,500.00.
Section 5. 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 Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia ize ty Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
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EXHIBIT"A"
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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 I\Iailing Address (including county)
P.O. Box 1089
Port Arthur, Texas 77641
Jefferson County
Grantee: Marcus G. Morris and wife, Opal G. Morris
Grantee's Mailing Address (including county):
7638 Kidd Road
Beaumont, Texas 77713
Jefferson County
Consideration:
$10.00 and other good and valuable consideration.
Property (including any improvements):
Lots Numbered Forty-three (43) of REPLAT OF MARINA COLONY, SECTION ONE, 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.
(commonly known as 406 Island Way, Port Arthur, 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.
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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
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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
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Grantee' s Acceptance of Deed
Marcus Morris and wife Opal Morris, 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:
Marcus G. Morris, husband
By:
Opal G. Morris, wife
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Marcus G.
Morris, husband, 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
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ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Opal G.
Morris, husband, 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
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