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HomeMy WebLinkAboutPO 7028: THE SALE OF CITY OWNED VACANT TRACTS OF LAND P.O. No. 7028 03/16/22 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED VACANT TRACTS OF LAND LOCATED IN BLOCK 81 OF THE CITY OF PORT ARTHUR ADDITION,BEING MORE COMMONLY KNOWN AS 714,724& 728 8TH STREET AND 730 & 732 BEAUMONT AVENUE AND THE EXECUTION OF SPECIAL WARRANTY DEEDS WHEREAS,on November 30,2021,City Council authorized a Motion in Open Session to the city owned vacant tracts of land located in Block 81 of the City of Port Arthur Addition,being more commonly known as 714, 724 & 728 8th Street and 730 & 732 Beaumont Avenue, by a licensed real estate broker; and WHEREAS,pursuant to Section 253.014(b)(d)of the Texas Local Government Code. the City contracted with a licensed real estate broker to list the vacant tracts 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$16,000.00. 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 vacant tracts of land located in Block 81 of the City of Port Arthur Addition,or more commonly known as 714, 724 & 728 8th Street and 730 & 732 Beaumont Avenue, contingent upon closing, execute s.po7028 Special Warranty Deeds,in substantially the same forms attached hereto as Exhibits"A-E",to Roger Van Dyke for and in consideration of the sum of$16,000.00 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 APPROVED AS TO FORM: WtAti,a-A— keitiLyab Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, City Manager s.p07028 EXHIBIT "A" (Special Warranty Deed) 714 8th Street W 1/2 OF LT 8&ALL OF LT 9 BLK 81 CITY OF PORT ARTHUR s.po7028 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 count): 444 4th Street Port Arthur, Texas 77641-1089 (Jefferson County) Grantee: Roger Van Dyke Grantee's Mailing Address (including county): 741 Rev. Dr. Ransom Howard Street(aka 7th Street) Port Arthur, Texas 77640 (Jefferson County) Consideration: $10.00 and other good and valuable consideration. Property(including any improvements): West 1/2 of Lot 8 &All of Lot 9 Block 81 City of Port Arthur Addition, more commonly known as 714 8th Street, 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. 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 444th Street Port Arthur,Texas 77641-1089 2 EXHIBIT "B" (Special Warranty Deed) 724 8th Street LT 6 BLK 81 CITY OF PORT ARTHUR s.po7028 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: Roger Van Dyke Grantee's Mailing Address (including county): 741 Rev. Dr. Ransom Howard Street (aka 7th Street) Port Arthur, Texas 77640 (Jefferson County) Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): Lot 6 Block 81 City of Port Arthur Addition, more commonly known as 724 8th Street, 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. 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 444th Street Port Arthur,Texas 77641-1089 2 EXHIBIT "C" (Special Warranty Deed) 728 8th Street LT 6 BLK 81 CITY OF PORT ARTHUR s.po7028 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: Roger Van Dyke Grantee's Mailing Address (including county): 741 Rev. Dr. Ransom Howard Street(aka 7th Street) Port Arthur, Texas 77640 (Jefferson County) Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): Lot 5 Block 81 City of Port Arthur Addition, more commonly known as 728 8th Street, 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. 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 444th Street Port Arthur,Texas 77641-1089 2 EXHIBIT "D" (Special Warranty Deed) 730 Beaumont Avenue S 50'OF LT 10 THRU LT 12 BLK 81 CITY OF PORT ARTHUR s.po7028 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: Roger Van Dyke Grantee's Mailing Address (including county): 741 Rev. Dr. Ransom Howard Street(aka 7th Street) Port Arthur, Texas 77640 (Jefferson County) Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): South 50'Feet of Lots 10 Thru 12 Block 81 City of Port Arthur Addition, more commonly known as 730 Beaumont Avenue, 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. 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 444th Street Port Arthur,Texas 77641-1089 2 EXHIBIT "E" (Special Warranty Deed) 732 Beaumont Avenue N 90'OF LT 10& 11 &LT 12 BLK 81 CITY OF PORTARTHUR s.po7028 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: Roger Van Dyke Grantee's Mailing Address (including county): 741 Rev. Dr. Ransom Howard Street (aka 7th Street) Port Arthur, Texas 77640 (Jefferson County) Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): North 90' Feet of Lots 10 Thru 12 Block 81 City of Port Arthur Addition, more commonly known as 732 Beaumont Avenue, 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. 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 2