HomeMy WebLinkAboutPO 7034: SPECIAL WARRANTY DEED , ANDY GREEN AND JOYCE GREEN P.O. No. 7034
01/18/22 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
SPECIAL WARRANTY DEED TO ANDY GREEN AND
JOYCE GREEN, AS IT PERTAINS TO THE PROPERTY
LOCATED AT 580 PLEASURE PIER BOULEVARD;
LEGALLY DESCRIBED AS UNIT 318, BUILDING "B",
PHASE II,PLEASURE ISLAND SEA CABINS.
WHEREAS, during the 75th Legislative Regular Session,the Texas Legislature enacted
House Bill 2914, which authorized the General Land Office to convey the state's interest in the
land known as Pleasure Island to the City of Port Arthur; and
WHEREAS, effective June 19, 1997, the conveyance granted and relinquished all rights,
title and interests in the island, with the exception of mineral rights and easements,to the City for
the sum of$25,000.00; and
WHEREAS, HB 2914 further provides that the City may use, develop, lease, sell, option
or convey all or part of the property for public or private purposes; and
WHEREAS,the City is the landowner of the property known as Pleasure Pier Sea Cabins
located at 580 Pleasure Pier Boulevard on Pleasure Island; and
WHEREAS,prior to the enactment of said bill,various individuals that purchased units at
this location were provided with ninety-nine (99)year leases; and
WHEREAS, it is now deemed appropriate for the City to grant fee simple title to the
owners in order to facilitate the sale of the units to prospective buyers; and
WHEREAS, Unit 318, Building B, Phase II now has a prospective buyer, but in order to
facilitate the closing, it is necessary for the City to provide a Special Warranty Deed granting fee
simple title to the current owners,Andy Green and spouse, Joyce Green.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to execute a Special Warranty
Deed, granting fee simple title to current owners, Andy Green and spouse, Joyce Green. in
substantially the same form, as delineated in Exhibit"A".
Section 3. That a copy of the caption of this Ordinance be spread upon the Minutes of
the City Council.
Section 4. That this Ordinance shall be effective immediately after passage.
READ, ADOPTED AND APPROVED on this day of A.D., 2022,
at a 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:
AL_ .4,4_ j
alecia R izeno, CityAttorney
Y
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
Exhibit "A"
(Special Warranty Deed)
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 DRIVERS LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: day of , 2022
Grantor: City of Port Arthur
Mailing Address (including county):
444 4t Street
Port Arthur, Texas 77641-1089
(Jefferson County)
Grantee: Andy Green, and spouse, Joyce Green
Grantee's Mailing Address (including county):
705 Blume Drive
Galveston, Texas 77554
(Galveston Count)
Consideration:
$10.00 and other good and valuable consideration.
Property (including any improvements):
That certain apartment designated as Unit 318, in Building "B" PHASE II, PLEASURE
PIER SEA CABINS, a condominium project in Port Arthur, Jefferson County, Texas, including
the patio space and the carport assigned thereto and an undivided interest in the common elements
thereof, according to the Condominium Declaration and By-Laws which are recorded in Vol. 9,
Page 309 and the Plat thereof being recorded in Vol. 2,Page 163,all in the Condominium Records
of Jefferson County, Texas, which property is conveyed subject to the provision of the
Condominium Act of the State of Texas, which act is incorporated herein and made a part hereof
by reference and the provisions, easements, agreements, covenants, restrictions, limitations and
conditions contained in and set out in Declaration and By-Laws,and also subject to all easements,
restrictions, reservations and conditions otherwise appearing of record and affecting the project
tract of land or any part thereof.
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
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.
CITY OF PORT ARTHUR
Ronald Burton,
CITY MANAGER
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STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on day of ,
2022 by Ronald Burton, City Manager of the City of Port Arthur, Texas.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
City of Port Arthur
Legal Department
444th Street
Port Arthur,Texas 77641-1089
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