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Home My WebLink AboutPR 22878: ACCEPTANCE OF PROPERTY - FREDERICK COLEMAN City of art rth x Texas DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF HOUSING & NEIGHBORHOOD REVITALIZATION Date: November 2, 2022 To: Ron Burton, City Manager Mayor and City Council From: Beverly A. Freeman, Manager of Housing&Neighborhood Revitalization RE: P.R.22878 -Acceptance of Property— Frederick Coleman NATURE OF REQUEST: The Housing Division recommends the City Council adopt Proposed Resolution No. 22878 authorizing the acceptance of real property from Frederick Paul Coleman located at 932 Welford (aka Wellford) Avenue, legally described as Lot Number Twenty-two(22),in Block Number Three(3)of Pekin Addition,an addition to the City of Port Arthur in Jefferson County,Texas,according to the map or plat thereof recorded in/under the Map/Plat Records of Jefferson County,Texas. STAFF ANALYSIS CONSIDERATIONS: The Texas General Land Office and AECOM approved Mr. Frederick Coleman's participation in the Hurricane Harvey Disaster Recovery Program. Mr. Coleman resides on a substandard lot at 932 Welford Avenue,and the City will convey a city-owned property at 1706-1710 10th Street to Mr.Frederick Coleman. Mr. Coleman will transfer his property located at 932 Welford Avenue to the City of Port Arthur after the improvements on the property are demolished and cleared. RECOMMENDATIONS: The Housing Division recommends the City Council adopt Proposed Resolution No. 22878 authorizing the acceptance of real property from Frederick Coleman,at 932 Welford Avenue,Lot Number Twenty-two(22), in Block Number Three (3) of Pekin Addition, an addition to the City of Port Arthur in Jefferson County, Texas, according to the map or plat thereof recorded in/under the Map/Plat Records of Jefferson County, Texas. BUDGET CONSIDERATION: N.A. P.R. 22878 P.R. No. 22878 11/2/22 BF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPERTY DONATION FROM FREDERICK PAUL COLEMAN FOR THE PROPERTY LOCATED AT 932 WELFORD (AKA WELLFORD)AVENUE WHEREAS, Mr. Frederick Paul Coleman was approved to participate in the Hurricane Harvey Disaster Recovery Program,and the Texas General Land Office and AECOM will fully fund the construction of his new home; and WHEREAS,as part of the recovery program,the City will convey the city-owned lot located at 1706-1710 10th Street, (i.e., Lot 5 Block 233, City of Port Arthur Addition)to Frederick Coleman because his property located at 932 Welford(aka Wellford) Avenue is deemed substandard; and WHEREAS, Mr. Coleman wishes to donate his property located at 932 Welford (aka Wellford) Avenue to the City of Port Arthur after the improvements on the property have been demolished and cleared by the Texas General Land Office. 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 Council hereby authorizes the City Manager to accept the property donation located at 932 Welford (aka Wellford) Avenue from Frederick Coleman, legally described as Lot Number Twenty-two (22), in Block Number Three (3) of Pekin Addition to the City of Port Arthur, Jefferson County, Texas, in substantially in the same form attached hereto as Exhibit "A". SECTION 3. That the acceptance of the property will be contingent upon the demolition of all improvements on the property by the Texas General Land Office. SECTION 4. That a copy of the caption of this Resolution is spread upon the Minutes of the City Council. P.R. 22878 READ, ADOPTED, AND APPROVED on this day of , A.D., 2022, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY AP ROVED FOR FORM: /t2IL kelarZA VAL TIZEN , CITY ATTORNEY APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER BEVERLY F EMAN, HOUSING & NEIGHBORHOOD REVITALIZATION MANAGER P.R. 22878 EXHIBIT " A " GENERAL WARRANTY DEED Date: / /20 Grantor: Frederick Paul Coleman Grantor' s Mailing Address (including County) : 932 Welford (aka Wellford) Avenue Port Arthur, Texas 77640 Jefferson County Grantee : City of Port Arthur Grantee ' s Mailing Address (including County) : P.O. Box 1089 Port Arthur, Texas 77641 Jefferson County CONSIDERATION: That Frederick Paul Coleman, for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other goods and valuable consideration to the undersigned in hand paid by the Grantee herein, named, that receipt and sufficiency of which are hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these present do GRANT, SELL and CONVEY unto City of Port Arthur. PROPERTY (including any improvement) : Lot Numbered Twenty-two (22) , in Block Number Three (3) of Pekin Addition to the City of Port Arthur, Jefferson County, Texas (Locally Known As 932 Welford (aka Wellford) Avenue) RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of- way, restrictions, covenants, rights of reversion and conditions as denoted and all exceptions reservations, and conveyances of minerals and/ or royalties oil and gas and/ or mineral leases, affecting the above described property, and to all zoning laws, ordinances, rules and regulations of municipal and/ or other governmental authorities, but only to extent that same are in force and effect and relate to the above described property. This conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property though they may be unrecorded. Grantor, for the consideration and subject to the reservation from any 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 P.R. 22878 • Grantee ' s heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part there except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise. Grantee acknowledges that Grantor has not made and does not make any representations as to the physical condition of the property, or any other matter affecting or related to the property (other than warranties of title, as provided and limited herein) . As a material part of the consideration for this deed, Grantee expressly agrees that to the maximum extent permitted by law, the property is conveyed "as is" and "with all faults", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor has disclaims, any and all representations, warranties, or guaranties of any kind, oral or written, express or implied (except as to title, as herein provided and limited) concerning the property, including, without limitation, the profitability, suitability, or fitness for a particular purpose of the property. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertions of the City with respect to the condition of the property, but is relying on Grantee' s examination of the property. Executed on the , day of , A. D. , 2022 . GRANTOR, By: Frederick Paul Coleman ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Frederick Paul Coleman known to me to be the person whose name is subscribed to the foregoing instrument . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2022 . Notary Public, State of Texas P.R. 22878 AGREED TO AND ACCEPTED ON this the day of , 2022 . GRANTEE: City of Port Arthur BY: Ronald Burton, City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Ronald Burton,City Manager of the City of Port Arthur, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Port Arthur, for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2022 . Notary Public, State of Texas Return to: City of Port Arthur Housing Division Attn: Beverly Freeman P.O. Box 1089 Port Arthur, Texas 77641-1089 P.R. 22878