HomeMy WebLinkAboutPR 15303: JERRY NORRIS - PURCHASE AGREEMENT AMENDMENT #1Interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager^ ~~~~
From: Mark Sokolow, City Attorney /"L`.,h ~`
Date: June 9, 2009
Subject: P. R. No. 15303; Council Meeting June 16, 2009
Attached is P. R. No. 15303 approving Amendment No. 1
to the Purchase Agreement with Jerry Norris. The Director
of Public Works will not return from vacation until June
15, and he may suggest additional changes to the Purchase
Agreement or to the Exhibit "A", which I modified to better
reflect the location of the culvert. The proposed
Amendment No. 1 does have the changes as requested by Mr.
Norris, wherein he wanted to make certain that a culvert
was installed in front of his lots and the soil graded to
facilitate drainage.
MTS:ts
Attachment
cc: Director of Public Works
Jerry Norris
3262 Bell Street
Port Arthur, TX 77640-1105
1
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P. R. No. 15303
06/08/09 gt
RRESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE
PURCHASE AGREEMENT WITH JERRY JOSEPH NORRIS
WHEREAS, the City Council approved the Purchase Agreement with
Jerry Joseph Norris for Tracts A and B adjacent to Bell Street on
April 21, 2009 by Resolution No. 09-161, as delineated in Exhibit
"A"; and
WHEREAS, there is a necessity to have an Amendment No. 1 to
the Purchase Agreement.
NOW THEREFORE, BE IT RESOLVED 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 Manager is herein authorized to
execute Amendment No. 1 to the Purchase Agreement with Jerry Joseph
Norris, in substantially the same form as attached hereto as
Exhibit "B"
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
z.pr15303
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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EXHIBIT "A"
PURCHASE AGREEMENT
WHEREAS, Jerry Joseph Norris owns marketable fee title
to Tract A and Tract B described in Exhibit "A"; and
WHEREAS, the City of Port Arthur desires to obtain the
land for drainage purposes and to provide public right-of-
way as to extend Bell Street.
NOW THEREFORE, the City of Port Arthur and Jerry
Joseph Norris herein agree as follows:
1) Jerry Joseph Norris will sell, with marketable
title to the City of Port Arthur, Tract A and Tract B as
described in Exhibit "A", for a total of $9,000, with said
purchase to be completed by June 1, 2009.
2) Within ninety (90) days of receipt of the Deed,
the City of Port Arthur plans to extend Bell Street on
Tract A and Tract B, as described in Exhibit "A", for a
distance of approximately 107 feet, 16 feet in width,
matching the existing width and pavement construction.
3) Within ninety (90) days of receipt of the Deed,
the City of Port Arthur plans to install, within the City's
right-of-way or property to be purchased herein, a 24 inch
reinforced concrete pipe culvert across the front of Lots
3, 10, 11 and 12, Block 28, Port Acres Subdivision, and
will not install an open ditch in front of Lots 3, 10, 11
and 12, Block 28, Port Acres Subdivision (owned by Jerry
z. norris nu: chase agreement_upda ted
Joseph Norris) as described in Exhibit "A". All work will
be performed in accordance with City of Port Arthur
standards and requirements.
4) The City of Port Arthur will repair any driveways
to match existing material if damaged by culvert
installation.
5) The parties will utilize Texas Regional Title for
the closing, and the City will pay for all closing costs,
except for liens, if any, which will be paid by Jerry
Joseph Norris.
SIGNED AND AGREED TO this the ~ ~_ day of
y 2009.
SIGNE/D AND AGREED TO this the 2 7~ day of
~~ ( 2009.
CITY OF PORT ARTHUR
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EXH1BiT "A"
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EXHIBIT "B"
AMENDMENT NO. 1 TO PURCHASE AGREEMENT
WHEREAS, Jerry Joseph Norris and the City of Port
Arthur entered into a purchase agreement as approved by
Resolution No. 09-161; and
WHEREAS, there is a need to amend Sections 1 and 3 of
said agreement as to clarify the location for the concrete
pipe culvert and the time for the real estate transaction
to be completed
NOW THEREFORE, the City of Port Arthur and Jerry
Joseph Norris herein agree that Sections 1 and 3 shall be
amended as follows:
"1) Jerry Joseph Norris will sell, with marketable
title to the City of Port Arthur, Tract A and Tract B as
described in Exhibit "A", for a total of $9,000, with said
purchase to be completed as soon as
possible and at or about the same time that the City is
receiving a deed from Margie Ferguson."
"3) Within ninety (90) days of receipt of the Deed,
the City of Port Arthur plans to install, within the City's
right-of-way or property to be purchased herein, a 24 inch
reinforced concrete pipe culvert across the front of JCAD
Lots 12, 11, 10, 3, and 2, Block 28, Port Acres
Subdivision, and will not install an open ditch in front of
JCAD Lots 12, 11, 10, 3, and 2, Block 28, Port Acres
z.norris~urchase ag reementamendmen[
Subdivision (owned by Jerry Joseph Norris) as described in
Exhibit "A"• All work will be performed in accordance with
City of Port Arthur standards and requirements. The
excavated dirt will remain on the property of Jerry Joseph
Norris and will be placed at a grade to facilitate the flow
of water to the culvert drains."
That all other sections and the preamble in the
original agreement shall stay in effect.
SIGNED AND AGREED TO this the day of
2009.
JERRY JOSEPH NORRIS
SIGNED AND AGREED TO this the day of
2009.
CITY OF PORT ARTHUR
BY:
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EXHIBIT "A"
TO THE AGREEMENT
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