HomeMy WebLinkAboutPO 7033: SALE OF CITY OWNED VACANT TRACTS OF LAND P. O. No. 7033
04/19/22 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED VACANT
TRACTS OF LAND REFERENCED AS TRACTS 1, 2, 4, 5, 7, & 8 IN THE
PORT OF PORT ARTHUR NAVIGATION DISTRICT'S OFFER LETTER
AND THE EXECUTION OF A SPECIAL WARRANTY DEED
WHEREAS,on June 17,2021,the Port of Port Arthur Navigation District submitted an offer
to purchase City owned vacant tracts of land described as Tracts 1-9 in the Port's Offer letter; and
WHEREAS,on July 13,2021,City Council passed a Motion authorizing the City Attorney
and City Manager to enter into a sales agreement with the Port of Port Arthur, in conjunction with
the Local Government Code, for sale of the vacant tracts of land at the fair market value price of
$125,000.00; and
WHEREAS, Tract 3 (Parcel #88313) had to be removed from the sale after title report
revealed that the City was not the fee simple owner; and
WHEREAS, upon further review, it was determined that Tract 9, (i.e., Parcels #89000 &
#88999) also had to be omitted due to the utilization by the Transit Department for temporary
parking space; and
WHEREAS,pursuant to Resolution No.21-349,the Council authorized the City Manager to
execute a Real Estate Sale Contract for the remaining tracts(i.e.,Tracts 1,2,4,5,7,&8)at the total
fair market value amount of$87,200.00; and
WHEREAS,the sale of the remaining tracts is authorized pursuant to Section 272.001(1)of
the Texas Local Government Code which applies to the sale of land to another political subdivision;
and
WHEREAS,pursuant to§272.001(b)(5)of the Texas Local Government Code,the notice of
bidding requirements of Subsection (a) do not apply to real property interest conveyed to a
government entity that has the power of eminent domain; and
WHEREAS,the City Council has determined that it is in the best interest of the citizens to
sell and conveyed the tracts of land to the Port of Port Arthur Navigation District.
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 hereby authorizes the sale of the tract of lands to the
Port of Port Arthur Navigation District for the fair market value amount of$87,200.00,which were
determined by certified appraisals.
Section 3. That the sale of the vacant tracts of land shall be in accordance with the Texas
Local Government Code and under the terms and conditions specified in the Real Estate Sale
Contract.
Section 4. That the City Manager, is hereby authorized to convey the vacant tracts of
land,contingent upon closing,and execute a Special Warranty Deed,in substantially the same form
attached hereto as Exhibit"A",to the Port of Port Arthur Navigation District for the consideration of
sum in the amount of$87,200.00.
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:
Ac*(LZ-t,v oki-aAy z)
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
EXHIBIT "A"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: , 2022
Grantor: The City of Port Arthur, Texas
444 4th Street
Port Arthur, Jefferson County, Texas 77640
Grantee: The Port of Port Arthur Navigation District of Jefferson County,Texas, a
navigation district organized under the laws of the State of Texas
P.O. Box 1428
Port Arthur, Jefferson County, Texas 77641
Consideration: Ten dollars and other valuable consideration
Property (including any improvements):
See Exhibit"A" attached hereto and incorporated herein.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made subject to all encumbrances, restrictions, easements, covenants,
conditions and prior conveyances or reservations of minerals and/or royalties of record in said
county, affecting said property; and subject to all zoning laws, regulations and ordinances of
municipal and/or other governmental authorities, if any, but only to the extent that they are still
in effect, relating to said property.
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 successors and assigns forever.
Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and
singular the Property to Grantee and Grantee's successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
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GRANTOR:
The City of Port Arthur, Texas
By:
Printed Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of ,
2022, by , of The City of Port
Arthur, Texas on behalf of said entity.
NOTARY PUBLIC, STATE OF TEXAS
AFTER RECORDING RETURN TO:
Elizabeth McKim Broussard
MOORE LANDREY, L.L.P.
905 ORLEANS STREET
BEAUMONT, TEXAS 77701
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EXHIBIT "A"
TRACT 1:
BEING 0.0489 acre of land, part of Lot 1, Block 71, City of Port Arthur, recorded in Volume 1,
Page 50, Map Records, Jefferson County, Texas; being that same tract of land described in a
deed to Sadie Salisbury, recorded in Volume 710, Page 179, Deed Records, Jefferson County,
Texas; said 0.0489 acre tract being more fully described by metes and bounds as follows,to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System
of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America.
COMMENCING at a 5/8 inch steel rod found on the intersection of the Southeast right-of-way
line of 9th Street and the Southwest right-of-way line of Fort Worth Avenue, for the most
northerly corner of Lot 1, Block 71, City of Port Arthur, and the most northerly corner of a tract
of land described in a deed to Gerald DeBlanc, recorded in Film Code 102-38-0264, Official
Public Records, Jefferson County, Texas; said 5/8 inch steel rod having coordinates of N:
13899929.72, E: 3571603.26;
THENCE, South 53 deg. 25 min. 29 sec. East (Called South 48 deg. 47 min. 00 sec. East), on
the Southwest right-of-way line of Fort Worth Avenue, a distance of 56.72' (Called 56.50') to a
half-inch steel pipe, found for the most easterly corner of said DeBlanc tract, the POINT OF
BEGINNING, and most northerly corner of the herein described tract;
THENCE, South 53 deg. 25 min. 29 sec. East (Called South 48 deg. 47 min. 00 sec. East),
continuing on the Southwest right-of-way line of Fort Worth Avenue, a distance of 42.48'
(Called 42.50') to a half-inch steel pipe found for the most northerly corner of a tract of land
described in a deed to Larry J. Gouthia and Francis P. Gouthia, recorded in File No.
2003030272, Official Public Records, Jefferson County, Texas, and the most easterly corner of
the herein described tract; from which a "X" mark in concrete, found on the intersection of the
Southwest right-of-way line of Fort Worth Avenue and the Northwest right-of-way line of 8th
Street, for the most easterly corner of Lot 12, Block 71, bears South 53 deg. 25 min. 29 sec. East
(Called South 48 deg. 47 min. 00 sec. East), a distance of 200.65' (Called 201.00'); from said
"X" mark in concrete, a 5/8 inch steel rod found on the intersection of the Northwest right-of-
way line of 8th Street and the Northeast right-of-way line of Dallas Avenue, for the most
southerly corner of Lot 7, Block 71, bears South 36 deg. 32 min. 34 sec. West (Called South 41
deg. 13 min. 00 sec. West), a distance of 300.23' (Called 300.00');
THENCE, South 36 deg. 32 min. 34 sec. West (Called South 41 deg. 13 min. 00 sec. West), a
distance of 50.09' (Called 50.00') to a half-inch steel rod, capped and marked "SOUTEX", set
on the common line of Lots 1 and 2, Block 71, for the most westerly corner of said Gouthia tract,
and the most southerly corner of the herein described tract;
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THENCE, North 53 deg. 30 min. 16 sec. West (Called North 48 deg. 47 min. 00 sec. West), on
the common line of Lots 1 and 2, Block 71, a distance of 42.48' (Called 42.50') to a half-inch
steel rod, capped and marked "SOUTEX", set for the most southerly corner of said DeBlanc
tract, and the most westerly corner of the herein described tract; from which a half-inch steel
pipe found on the Southeast right-of-way line of 9th Street, for the most northerly common corner
of Lots 1 and 2, Block 71, and the most westerly corner of said DeBlanc tract, bears North 53
deg. 30 min. 16 sec. West (Called North 48 deg. 47 min. 00 sec. West), a distance of 56.47'
(Called 56.50');
THENCE, North 36 deg. 32 min. 34 sec. East (Called North 41 deg. 13 min. 00 sec. East), on
the Southeast line of said DeBlanc tract, a distance of 50.15' (Called 50.00') to the POINT OF
BEGINNING, and containing 0.0489 acre of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey
Creel, Registered Professional Land Surveyor No. 6678 on September 24, 2021.
The Port of Port Arthur Navigation District of Jefferson County, Texas
LS-21-0799
TRACT 2:
Lots Numbered Eleven and Twelve (11 & 12) in Block Number Seventy-six (76) of CITY OF
PORT ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof,
on file and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
TRACT 3:
Intentionally omitted.
TRACT 4:
Parcel 1:
Lot Number Eight (8), in Block Number One Hundred Three (103), of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
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Parcel 2:
Lot Number Nine (9), in Block Number One Hundred Three (103), of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
TRACT 5:
Parcel 1:
Lot Number Twenty (20) in Block Number One Hundred Three (103) of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
Parcel 2:
Lot Number Twenty-one (21) in Block Number One Hundred Three (103) of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
TRACT 6:
Parcel 1:
Lot Number Twenty-two (22) in Block Number One Hundred Four (104) of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
Parcel 2:
Lots Numbered Twenty-three and Twenty-four (23 & 24) in Block Number One Hundred Four
(104) of CITY OF PORT ARTHUR, in Jefferson County, Texas, as the same appears upon the
map or plat thereof, on file and of record in Vol. 1, Page 50, Map Records of Jefferson County,
Texas.
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TRACT 7:
Parcel 1:
Lot Number Twelve (12) in Block Number One Hundred Four (104) of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
Parcel 2:
Lot Number Thirteen (13) in Block Number One Hundred Four (104) of CITY OF PORT
ARTHUR, in Jefferson County, Texas, as the same appears upon the map or plat thereof, on file
and of record in Vol. 1, Page 50, Map Records of Jefferson County, Texas.
TRACT 8:
Northeast 9" of Lot 17 (NE 9" of 17) and all of Lot Number Eighteen (18), in Block Number
One Hundred Thirty-three (133), of CITY OF PORT ARTHUR, in Jefferson County, Texas, as
the same appears upon the map or plat thereof, on file and of record in Vol. 1, Page 50, Map
Records of Jefferson County, Texas.
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