HomeMy WebLinkAboutPO 7091: VACANT TRACTS OF LAND IN THE PERKIN ADDITIONS P.O. No. 7091
08/04/22 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CITY OWNED VACANT
TRACTS OF LAND IN THE PEKIN ADDITION OF THE CITY OF PORT
ARTHUR'S WESTSIDE LOCATED NEAR WELFORD AVENUE TO FOLEY
AVENUE, FROM JAMES GAMBLE BOULEVARD TO REVEREND
DOCTOR RANSOM HOWARD STREET AND THE EXECUTION OF A
SPECIAL WARRANTY DEED
WHEREAS,on March 1,2022,the City Council passed a Motion authorizing the listing of
city owned properties located in the Pekin Addition on the City's Westside near Welford Ave. to
Foley Ave.,from James Gamble Blvd. to Rev. Dr. Ransom Howard St. for sale with a licensed real
estate broker; and
WHEREAS, on June 9, 2022, pursuant to Section 253.014(d) of the Texas Local
Government Code,the City contracted with a licensed broker to list twenty-five(25)vacant tracts of
land for sale at fair market value, for at least thirty(30) days on a multiple listing service; and
WHEREAS,the licensed broker stated that only one offer was received during the listing
period and therefore, on or after the thirtieth (30th) day, produced to the City, a ready, willing and
able buyer who had submitted the highest cash offer of$70,000.00; and
WHEREAS,on July 26,2022,the City Manager executed an Earnest Money Contract with
the Buyer, Premcor Refining Group, Inc., to proceed with the closing process for the sale of the
twenty-five (25)vacant tracts of land at fair market value; and
WHEREAS,it is now deemed in the best interests of the City Council to approve the final
sale and conveyance of said vacant tracts of land to the Buyer.
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 ready, 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 tract of
land legally described in Exhibit "A", and contingent upon closing, execute a Special Warranty
Deed(s), in substantially the same form attached hereto as Exhibit"B",to The Premcor Refining
Group, Inc., for the consideration of sum in the amount of $70,000.00 less the closing and
brokerage fees associated with the sale.
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:
tiL it)/ /
Valecia R. treno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
EXHIBIT "A"
7° 9
EARNEST MONEY CONTRACT
1. PARTIES: City of Port Arthur ("Seller) agree to sell and convey to THE PREMCOR REFINING GROUP INC., a Delaware corporation
("Buyer'),and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY:The real property located in Pekin Addition,City of Port Arthur.Jefferson County,Texas and further described on EXHIBIT A,(the
"Property') as shown on the plat thereof recorded in the Map and Plat Records of Jefferson County, Texas, together with all fixtures and
improvements located thereon,and all rights, privileges and appurtenances related thereto.
3. CONTRACT SALES PRICE:$70,000.00('Sales Price').This is an ALL CASH safe;no financing is involved.
4. EARNEST MONEY: Buyer will deposit $7,000.00 (the "Earnest Money") with Texas Regional Title, LLC, 7675 Folsom Dr., Bldg 100,
Beaumont,TX 77706,phone no.409-861-7333,fax no.409-861-7373("Title Company'),upon execution of this Contract by both parties.
5. INSPECTIONS: Until the Closing Date, Buyer shall have the right,at its sole cost and expense,to enter onto the Property to examine it and to
conduct such studies, examinations and tests as Buyer shall deem necessary; provided that Buyer agrees that it will, at its sole cost and
expense,promptly repair any damage to the Property caused by it or any of its agents or contractors as a result thereof. Prior to performing any
tests at the Property, Buyer will provide Seller with reasonable advance notice. Buyer may terminate this Contract for any reason by sending
written notice of termination to Seller by 14 days after the Effective Date. If Buyer sends timely written notice to Seller terminating this Contract
pursuant to this Section, this Contract shall be terminated immediately as of the date of that termination notice, the Earnest Money shall be
promptly returned to Buyer (except for $100 to be retained by Seller as independent consideration for the Buyer's rights described in this
paragraph), and neither party shall have any further obligations to the other hereunder, except to the extent any provision of this Contract
provides that it is to survive termination of this Contract.
6. CLOSING:The closing of the sale will occur on(the"Closing Date')August 24,2022,or within 7 days after Title Objections have been cured,
whichever date is later. If either party fails to close this sale by the Closing Date, the non-defaulting party shall be entitled to exercise the
remedies contained in Section 11 immediately and without notice.
7. POSSESSION:The possession of the Property shall be delivered to Buyer at closing,as is condition."As Is"means the present condition of the
Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract.
8. SALES EXPENSES TO BE PAID IN CASH AT OR PRIOR TO CLOSING.
A. Seller's Expenses: Principal, interest, prepayment penalties on any existing loans or other debts or obligations of Seller, paid at closing,
plus cost of releasing such loans, debts or other obligations and recording releases; past due ad valorem taxes, penalties and interest;
Seller's own attorney's fees,Seller's Broker's commissions incurred,and other expenses incurred by Seller.
B. Buyer's Expenses: Except for the expenses to be paid by Seller,all other closing costs shall be paid by Buyer,including,without limitation,
recording fees, copies of restrictions and easements, any Owner's Title Policy and any Broker's commissions incurred and agreed to by
Buyer in writing.
9. PRORATIONS AND TAXES: Current ad valorem taxes and any rents shall be prorated through the Closing Date, so that Seller will be
obligated for that portion of the current year's taxes for the period of time prior to the Closing Date.
10. TITLE APPROVAL: The title to Seller's interest in the Property shall be fee simple, good and indefeasible subject only to: (a) recorded
restrictive covenants affecting the Property and approved by Buyer; (b) taxes for the current and subsequent years and subsequent
assessments for prior years due to a change in land usage or ownership; (c) existing building and zoning ordinances; (d) rights of parties in
possession under written lease agreements approved in writing by Buyer and which are assigned to Buyer with Buyer's written consent at the
closing,otherwise there shall be no parties in possession of the Property at the Closing; and(e) utility easements to the platted subdivision of
which the Property is a part. If the title commitment obtained by Buyer shows that Seller's interest is subject to exceptions other than those
described above,inclusive,then Buyer shall have 15 business days after receiving copies of the relevant documents to make written objections
to Seller(the"Title Objections"), Seller shall have 10 days after Buyer notifies Seller of any Title Objections to cure those'Title Objections,and
the Closing Date shall be extended if necessary, as provided in Section 6 above. If the Title Objections are not satisfied by the extended
Closing Date,then this Contract shall terminate and the Earnest Money shall be refunded to Buyer,unless Buyer elects to waive the unsatisfied
Title Objections and complete the purchase of the Property.
11. DEFAULT:If Buyer fails to comply herewith,Seller may,as Seller's sole and only remedy,terminate this Contract and retain the Earnest Money
as liquidated damages. If Seller is unable to deliver title to the Property in the condition required by this Contract on or before the Closing Date,
then Buyer may either: (a)extend the time for performance up to 15 days and the Closing Date shall be extended pursuant to other provisions
of this Contract,or(b)terminate this Contract and receive the Earnest Money;if Seller otherwise fails to comply with the terms of this Contract,
Page 1 of 3
Form Rev.10;18
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Buyer may (a) enforce Specific pelormance. seek such other relief as may be provided by law, or both. or(b) terminate this Contract and
receive the Earnest Money.
12. ATTORNEYS'FEES:If either party to this Contract is the prevailing party in any legal proceeding brought under or with relation to this Contract
or transact on. the prevailing party shall be additionally entitled to recover court costs and reasonable attorneys'fees from the non-prevailing
party. . .
13 REPRESENTATIONS Seller represents that as of the Closing Date there will be no unrecorded liens, assessments or Uniform Commercial
Code security interests against the Property that will not be satisfied out of the Sales Price. and if this representation is untrue on the Closing
Date. this Contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer, All representations contained in this
Contract shall survive closing
14. REMOVAL OF IMPROVEMENTS.Seller does intend to remove various pieces of personal property located on the Property.if Seller intends to
remove such property. it shall be done at Sellers sole cost, risk and expense and shall be completed on or before the Closing Date (the
"Removal Deadline). and any personal property,improvements or other property on the Property after the Removal Deadline shall be owned
by Buyer.which may dispose of them in any manner Buyer desires in its sole discretion.
15. SUCCESSORS AND ASSIGNS: This Contract shall be binding on and shall inure in the benefit of the parties hereto and their respective heirs.
executors. administrators, persona representatives. successors and assigns. it being agreed that Buyer shall have the right to transfer and
assign this Contract to a third party
16. AGREEMENT OF PARTIES: This Contract contains the entire agreement of the parties and cannot be changed except by their written
agreement
17 NOTICES:All notices to or between the parties shall be in writing and effective when delivered at the addresses shown below
18 CONSULT YOUR ATTORNEY: This is intended to be a legally binding contract READ IT CAREFULLY. Federal law may impose certain duties
upon Brokers or signatories to this Contract when any of the signatories is a foreign party, or when any of the signatories receives certain
amounts of U.S. currency in connection with a real estate closing. If you do not understand the effect of any part of this Contract. consult your
attorney BEFORE signing
19 EXPIRATION PRIOR TO COMPLETE EXECUTION If this Contract is not signed by both Seller and Buyer on or before July 26, 2022 (the
'Expiration Date).then it shall be void and of no force or effect
20. EFFECTIVE DATE: The"Effective Date'of this Contract is the date on which the Title Company signs this Contract acknowledging receipt of
both a fully executed copy of this Contract and the Earnest Money(as evidenced by the date in Title Company's signature below).
SELLER \ BUYER
THE PREMCOR REFINING GROUP INC..
Ronald Burton.City Manager of f Port Arthur a Delaware corporation
Seller Address For Notices: By:
Name: %,JQS J
444 4"Street Title. V\C.� Q 5\Q E T_
;gym��Sreei A�aessl
Port Arthur,Texas 77641 Buyer Address for Notices:
lc y State 1 al One Valero Way
Telephone No.:409-983-8126 San Antonio,TX 78249
Attn. Real Estate Dept.
[SELLER SIGNATURES CONTINUED ON NEXT PAGE; Telephone No:210 345 2720
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of a fully executed copy of the Contract and$7,000.00 Earnest Money is acknowledged on _Augur st 2,-2022 _
Date]
Texas Regional Title.LLC
By: r � c' >✓t .s
Molly Mallet*VP
Page 2 of 3
cam Rev 16'18
EXHIBIT A
Property Descriptions
NUMBER PARCEL ID PHYSICAL ADDRESS LEGAL ADDRESS GEO ID
1 82441 FOLEY AVE LT 23 BLK 13 PEKIN 051700-000-021000-00000-8
2 82440 936 FOLEY AVE LT 21< 22 BLK 13 PEKIN 051700-000-020900-00000-0
3 82439 924 FOLEY AVE LT 20 BLK 13 PEKIN 051700-000-020800-00000-2
4 82437 920 FOLEY AVE LT 17< 18 BLK 13 PEKIN 051700-000-020600-00000-6
5 82435 910 FOLEY AVE LT 14< 15 BLK 13 PEKIN 051700-000-020400-00000-1
6 82460 848 FOLEY AVE LTS 22 23< 24 BLK 14 PEKIN 051700-000-022900-00000-8
7 82456 818 FOLEY AVE LT 17 BLK 14 PEKIN 051700-000-022500-00000-6
8 82476 W.8TH STREET TR 2 LT 18 BLK 15 PEKIN 051700-000-024550-00000-9
9 82408 1037 HERGET AVE LT 5< 6 BLK 12 PEKIN 051700-000-017700-00000-9
10 82409 1021 HERGET AVE LT 7 BLK 12 PEKIN 051700-000-017800-00000-7
11 82410 1019 HERGET AVE LT 8 BLK 12 PEKIN 051700-000-017900-00000-5
12 82411 1015 HERGET AVE LT 9 BLK 12 PEKIN 051700-000-018000-00000-3
13 82412 1003 HERGET AVE LT 10 BLK 12 PEKIN 051700-000-018100-00000-1
14 82425 921 HERGET AVE LT4 BLK 13 PEKIN 051700-000-019400-00000-4
15 82426 919 HERGET AVE LT 5 BLK 13 PEKIN 051700-000-019500-00000-1
16 82427 917 HERGET AVE LT 6 BLK 13 PEKIN 051700-000-019600-00000-9
17 82444 847 HERGET AVE LT 2 BLK 14 PEKIN 051700-000-021300-00000-2
18 82445 837 HERGET AVE LT 3 BLK 14 PEKIN 051700-000-021400-00000-0
19 82446 833 HERGET AVE LT 4 BLK 14 PEKIN 051700-000-021500-00000-7
20 82450 819 HERGET AVE LT 8 BLK 14 PEKIN 051700-000-021900-00000-9
21 82451 811 HERGET AVE LT 9< 10 BLK 14 PEKIN 051700-000-022000-00000-7
22 82466 727 HERGET AVE LT 6 BLK 15 PEKIN 051700-000-023500-00000-5
23 82468 701 HERGET AVE LT 9 BLK 15 PEKIN* 051700-000-023700-00000-1
24 82369 1043 WELLFORD AVE LT 2 BLK 9 PEKIN 051700-000-013500-00000-7
25 82338 823 WELLFORD AVE LT 7 BLK 7 PEKIN 051700-000-010400-00000-3
Page 3 of 3
Form Rev.1W18
EXHIBIT "B"
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, a municipal corporation
Mailing Address (including county):
444 4th Street
Port Arthur, Texas 77641-1089
(Jefferson County)
Grantee: The Premcor Refining Group, Inc., a Delaware corporation
Grantee's Mailing Address (including county):
One Valero Way
San Antonio, Texas 72849
(Bexar County)
Consideration:
$10.00 and other good and valuable consideration.
Properties (including any improvements):
See attached Exhibit"A"
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.
Executed on this day of , 2022.
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 A
Property Descriptions
NUMBER PARCEL ID PHYSICAL ADDRESS LEGAL ADDRESS GEOID
1 82441 FOLEY AVE LT 23 BLK 13 PEKIN 051700-000-021000-00000-8
2 82440 936 FOLEY AVE LT 21< 22 81K 13 PEKIN 051700-000-020900-00000-0
3 82439 924 FOLEY AVE LT 20 BLK 13 PEKIN 051700-000-020800-00000-2
4 82437 920 FOLEY AVE LT 17< 18 BLK 13 PEKIN 051700-000-020600-00000-6
5 82435 910 FOLEY AVE LT 14< 15 BLK 13 PEKIN 051700-000-020400-00000-1
6 82460 848 FOLEY AVE LTS 22 23< 24 BLK 14 PEKIN 051700-000-022900-00000-8
7 82456 818 FOLEY AVE LT 17 BLK 14 PEKIN 051700-000-022500-00000-6
8 82476 W.8TH STREET TR 2 LT 18 BLK 15 PEKIN 051700-000-024550-00000-9
9 82408 1037 HERGET AVE LT 5< 6 BLK 12 PEKIN 051700-000-017700-00000-9
10 82409 1021 HERGET AVE LT 7 BLK 12 PEKIN 051700-000-017800-00000-7
11 82410 1019 HERGET AVE LT 8 81K 12 PEKIN 051700-000-017900-00000-5
12 82411 1015 HERGET AVE LT 9 BLK 12 PEKIN 051700-000-018000-00000-3
13 82412 1003 HERGET AVE LT 10 BLK 12 PEKIN 051700-000-018100-00000-1
14 82425 921 HERGET AVE LT 4 BLK 13 PEKIN 051700-000-019400-00000-4
15 82426 919 HERGET AVE LT 5 BLK 13 PEKIN 051700-000-019500-00000-1
16 82427 917 HERGET AVE LT 6 BLK 13 PEKIN 051700-000-019600-00000-9
17 82444 847 HERGET AVE LT 2 BLK 14 PEKIN 051700-000-021300-00000-2
18 82445 837 HERGET AVE LT 3 BLK 14 PEKIN 051700-000-021400-00000-0
19 82446 833 HERGET AVE LT 4 BLK 14 PEKIN 051700-000-021500-00000-7
20 82450 819 HERGET AVE LT8 BLK 14 PEKIN 051700-000-021900-00000-9
21 82451 811 HERGET AVE LT 9< 10 BLK 14 PEKIN 051700-000-022000-00000-7
22 82466 727 HERGET AVE LT 6 BLK 15 PEKIN 051700-000-023500-00000-5
23 82468 701 HERGET AVE LT 9 BLK 15 PEKIN* 051700-000-023700-00000-1
24 82369 1043 WELLFORD AVE LT 2 BLK 9 PEKIN 051700-000-013500-00000-7
25 82338 823 WELLFORD AVE LT 7 BLK 7 PEKIN 051700-000-010400-00000-3