HomeMy WebLinkAboutPO 5997: SPECIAL WARRANTY DEEDS OF PROPERTY TO SAVANNAH HOUSING CORPORATIONIN~'EROFFICE
l~!IEMORANDUM
To: Mayor, Gty Council,; City Manager
From: Col%en Russel% Director of Planning & Community Deve%pment
Date.• April Z, 20090
Re: P. O. No.. 5997
Attached is F'. 0. No. 5997 authorizing the conveyance of two (2) vacant properties to low
and moderate income residents of the City.
1. Lot 8 Block Four (4) Sunnyland Addition
2. Lot 9 Block Four (4) Sunnyland Addition
The lots were originally purchased for a total amount of $5,284.00. Savannah Housing
Cc-rporation will build the homes for the low and moderate income residents.
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P. O. No. 5997
04/02/2009 CR
ORDINANCE NIO.
AN ORDINANCE AUTHORIZING SPECIAL WARRANTY DEEDS
OF PROPERTY TO SAVANNAH HOUSING CORPORATION
WHEREAS, Savannah Housing Corporationn was chartered as a Texas Non-profit
corporation to provide safe, decent and affordablE: housing to low and moderate income
fal~nilies; 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 t:he conveyance serves a public purpose; and,
WHEREAS, the City Council wishes to convey two vacant lots delineated in Exhibit ~~A'"
and Exhibit "B" t:o Savannah Housing Corporation,; and,
THAT, this conveyance is hereby authorized and shall be subject to the following
conditions:
1. The sales price for the lots shall be One Dollar ($1.00) each.
2. Savannah Housing Corporation 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. Savannah Housing Corporation must maintain the property
until it is conveyed to .a low and moderate income
homebuyer.
5. Should the units not bE, constructed by April 7, 2010 the
property shall revert back to the City.
NOW, THEREFORE, BE IT ORDAINED IBY 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 herein authorizes the City Manager to convey the real
propE~rty, as listed in Exhik~it "A", in a Special Warranty Deed to Savannah Housing Corporation
and as listed in Exhibit'~B" in a Special Warranty Deed to Savannah Housing Corporation.
SECTION 3. That Savannah Housing Corporation agrees by signing this Ordinance that
if the unit at Lot 8 Block Four (4) Sunnyland Addition is not constructed by April 7, 2010 they
will convey the property back to the City of Port Arthur.
SECTION 4. That Savannah Housing Corporation agrees by signing this Ordinance that
if the unit at Lot 9 Block Four (4) Sunnyland Addition is not constructed by Apriil 7, 2010, they
wiNl convey the property back to the City of Port Arthur.
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SECTION 5. That a copy of the caption o~F this Ordinance be spread upon the Minutes
of the City Council.
READ, ADOPTED AND APPROVED on this day of _, A.D., 2009, at
the Regular Meeting of the City Council of the Cit)r of Port Arthur, Texas, by the following vote:
AYES: Mayor__
City Council _
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED FO FORM:
f,~,~
__
CITY ATTORNEY' ..~~~- ~,
APPROVED FOR ADMINISTRATION:
CTTY MANAGER
AGREED TO:
SAVANNAH HOUSING CORPORATION:
Bti':
PF;IN~TED NAME:.
TITLE=:
AGREED TO:
SAVANNAH HOUSING CORPORATION:
BY:
PRINTED NAME:
TITLE:
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EXHIBIT ~~A"
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SPECIAL WARRANTY DEED
Date:
Grantor: City Of Fort Arthur, Texas
Grant,or's Mailing Address (including County): P. O. Box 1089, Port Arthur, Texas,
Jeffs=rson County, Texas 77640
Grantee: Savannah Housing Corporation
Granl;ee's Mailing Address (including County): P. O. Box 3948
Port Arthur, TX 77641
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in
consideration of the sum of 1"en and No/100 Dollars ($10.00) and other good and valuable consideration
and under the terms as denoted in Ordinance No. __ to the undersigned in hand paid by the Grantee
herein, named, that receipt and sufficiency of which are hereby acknowledged, have GFL4NTED, SOLID
and CONVEYED, and by these present do GRANT, SIELL and CONVEY unto Savannah Housing
Corporation.
PROPERTY (including any improvement): LOT NUMBER EIGHT (8) IN BLOCK NUMBER FOUR
(4;1, SU~INYI,AND ADDITION, OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT OF RECORD IN S IN THE OFFICE OF THE COUNTY
CLEF;K 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. and all exceptions reservations, and conveyances of minerals
and/ or royalties ail and gas .and/ or mineral leases, afi~ecting 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
convE~yance 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 grid
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's Heirs, executors,
adlministrators, successors, or assigns forever. Grantor binds Grantor and Grantor's Heirs, executors,
adlministrators, arrd successors to warrant and forever defend all and singular the property to Grantee
arrd 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 frorn
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 arrd 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
w<~rra~nties 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 lis"
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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,
wii:hout limitation, the profitak>ility, suitability, or fitness lfor 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
examiination of the property.
Executed on the _ _ day of
A. D. , 2009.
GIRANTOR,
CITY OF PORT ARTHUR
By: Steve Fitzgibbons, City Manager
APPROVED TO AS TO FORM:
CITY' ATTORNEY
ATTEST:
Cl'TY" SECRETARY
ACKNOWLEIDGEMENT
S'I'A7['E OF TEXAS §
COU:~iTY OF JE;FFERSOPV §
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, aind 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 , 2009.
Notary Public, State of Texas
My Corrimission Expires
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AGREED TO AND ACCEPTED ON this the
GRANTEE:
BY:
day of , 2009.
Savannah Housing Corporation
ACKNOWLEIDGEMENT
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 , 2009.
Notary Public, State of Texas
My Commission Expires
Return to: Original to Grantee
Copy to Grantor
Savannah Housing Corporation
P. O. Box 3948
Port Arthur, TX '77641
City of Port Arthur
Housing Assistance Division
444 4th Street Room 203 Annex
Port Arthur, TX '77640
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EXHIBIT ~~B"
~~05997_SAVAN NAH
SPECIAL WARRANTY DEED
Date:
Grantor: City Of Port Arthur, Texas
Grantor's Mailing Address (including County): P. O. Box 1089,
Port Arthur, TX 77640
Jefferson County, Texas
Grantee: Savannah Housing Corporation
Grantee's Mailing Address (including County): P. O. Box 3948
Port Arthur, TX 77641
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in
consideration of the sum of 1"en and No/100 Dollars ($10.00) and other good and valuable consideration
as demoted in Ordinance No. to the undersigned in hand paid by the Grantee herein, named, that
receiK>t and sufficiency of whiich are hereby acknowledged, have GRANTED, SOLD and CONVEYED,
and by these present do GWENT, SELL and CONVEY unto Savannah Housing Corporation.
PROPERTY (including any improvement): LOT NUMBER NINE (9) IN BLOCK FOUR (4),
SLJNNYLAND ADDITION, OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT OF RECORD IN THE OFFICE OF THE COUNTY CLERK. 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 in Ordinance No. and all exceptions reservations, and conveyances of
minerals and/ or royalties oil and gas and/ or mineral IE~ases, affecting the above described property, and
to all ;?oning laws, ordinances, rules and regulations oi` municipal and/ or other governmental authorities,
but only to extent that same ;are in force and effect anti 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 anid
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
othenNise..
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 <~nd all representations, warranties, or guaranties of any kind, oral or written,
z.po5997_SAVANNAH
express or implied (except as to title, as herein provided and limited) concerning the property, including,
wii:hout limitation, the profitability, suitability, or fitness ifor 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., 2009.
G IRANTOR,
CITY OF PORT ARTHUR
APPROVED TO AS TO FORM:
CITY" ATTORNEY
ATTEST:
CITY" SECRETARY
STATE OF TEXAS
COU]vTY OF JEFFERSON
B~/: Steve Fitzgibbons, City Manager
ACKNOWLEIDGEMENT
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 capaclities therein stated.
GIVEN UNDER MY' HAND AND SEAL OF OFFICE, this the day of , 2009.
Notary Public, State of Texas
My Commission Expires
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AGREED TO AND ACCEPTED ON this the
GRANTEE:
BY:
day of , 2009.
Si4VANNAH HOUSING CORPORATION
ACKNOWLEIDGEMENT
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 , 2009.
Notary IPublic, State of Texas
My Comimission Expires
Return to: Original to Grantee
Copy to Grantor:
Savannah Housing Corporation
P. O. Box 3948
Port Arthur, TX '77640
City of Port Arthiur
Housing Assisl:ance Division
444 4th Street Room 203 Annex
Port Arthur, TX 77640
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