HomeMy WebLinkAboutPO 7040: SALE OF CITY OWNED VACANT TRACT OF LAND P. O. No. 7040
02/09/22 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED VACANT
TRACT OF LAND LEGALLY DESCRIBED AS LOT 3,BLOCK 23,BRICE
ADDITION, BEING MORE COMMONLY KNOWN AS 743 BOOKER T.
WASHINGTON AVENUE AND THE EXECUTION OF A SPECIAL
WARRANTY DEED
WHEREAS, on November 9, 2021, City Council authorized a Motion in Open Session to
sell the city owned vacant tract of land legally described as Lot 6, Block 26 in the Brice Addition,
being more commonly known as 743 Booker T. Washington Avenue, 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 with a licensed real estate broker to list the vacant tract of land for sale
for a minimum period 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 vacant land to the highest offered purchase price of$3,000.00.
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 properly 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 6, Block 26 in the Brice Addition, or commonly known as 743 Booker T.
Washington, and contingent upon closing, execute a Special Warranty Deed, in substantially the
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same form,as attached hereto as Exhibit"A",to Randy and Joyce Moten for the consideration of
sum in the amount of$3,000.00 less the closing and brokerage fees.
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., 2022.
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
APP O D AS TO FORM:
V ecia R. i ttomey
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 of , 2022
Grantor: City of Port Arthur
Mailing Address (including county):
444 4th Street
Port Arthur, Texas 77641-1089
(Jefferson County)
Grantee: Randy Moten, and Joyce E. Moten
Grantee's Mailing Address (including county):
506 Anchors Flat
San Antonio, Texas 78245
(Brazos County)
Consideration:
$10.00 and other good and valuable consideration.
Property (including any improvements):
Lot Three (3), Block Twenty-Six(26), Brice Addition in the City of Port Arthur, Jefferson
County, Texas. Commonly known as 743 Booker T. Washington Avenue
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
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
4446 Street
Port Arthur,Texas 77641-1089