HomeMy WebLinkAboutPO 7112: SPECIAL WARRANTY DEED, CONVEYANCE OF PROPERY TO A LOW AND MODERATE-INCOME RESIDENT INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
Date: November 2, 2022
To: Ron Burton, City Manager
Mayor and City Council
From: Beverly A. Freeman, Manager of Housing &Neighborhood
Revitalization
RE: P.O. 7112
NATURE OF REQUEST:
The Housing Division recommends City Council adopt Proposed Ordinance #7112 authorizing the
City Manager to convey a City-owned property to a Port Arthur resident participating in the
Hurricane Harvey Disaster Recovery Program. They currently reside on a sub-standard lot and
require property in compliance with City Codes.
STAFF ANALYSIS/CONSIDERATIONS
The Port Arthur residents suffered extensive damage to their homes during Hurricane Harvey in
August 2017. The residents are qualified through the Texas General Land Office and AECOM to
have a new home built. The family currently resides on a lot that is substandard/undersized and
requires a lot that complies with the City Codes. The City-owned lot has been identified and will be
conveyed to the resident as follows:
Address Legal Description Applicant
1706-1710 10th Street Lot 5, Block 233, City of Port Arthur Frederick Coleman
RECOMMENDATION:
The Housing Division recommends City Council adopt Proposed Ordinance #7112 authorizing
the City Manager to convey the City-owned property to a Port Arthur resident participating in
the Hurricane Harvey Disaster Recovery Program. They currently reside on a sub-standard lot
and require property in compliance with City Codes.
BUDGETARY/FISCAL EFFECT:
N/A
P 0 7112
P. 0. No.7112
11/2/2022 BF
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR THE CONVEYANCE OF PROPERTY TO A LOW AND
MODERATE-INCOME RESIDENT OF THE CITY WHO IS
PARTICIPATING IN THE HURRICANE HARVEY DISASTER
RECOVERY PROGRAM THROUGH THE TEXAS GOVERNMENT LAND
OFFICE AND THE AECOM DISASTER RECOVERY PROGRAM.
WHEREAS, Section 272 . 001 (g) of the Local Government Code provides
that a municipality may convey land for the development of low or
moderate-income housing provided that the conveyance serves a public
purpose; and
WHEREAS, the existing lot owned by the person/family included herein
was found unsuitable for construction as delineated in Section 10-200 of
the Code of Ordinances; and
WHEREAS, the City Council wishes to convey a vacant lot to a low and
moderate-income resident of the City of Port Arthur in furtherance of
disaster recovery; and
WHEREAS, the Texas General Land Office and AECOM Disaster Recovery
Program (AECOM) are providing the homes under a program utilizing federal
funds to assist persons whose homes were damaged by Hurricane Harvey, and
the house shall be reconstructed at no cost to the resident; and
WHEREAS, the conveyance of the lot will promote the public purposes
of maintaining high-quality, safe housing and returning persons displaced
by Hurricane Harvey to permanent housing; and
WHEREAS, this conveyance is now authorized and shall be subject to
the following conditions :
P0 7112
1 . The sale price for the lots shall be Ten and no/100
($10 . 00) Dollars .
2 . The General Land Office and AECOM have identified a low
and moderate-income resident and shall provide new
construction of a home to Frederick Coleman.
3 . Should the home not be constructed by November 21, 2023,
the property shall revert to the City.
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 herein authorizes the City Manager
to convey the real property in substantially the same form as listed in
Exhibit "A" in a Special Warranty Deed to Frederick Coleman.
SECTION 3 . If, for any reason, the Texas General Land Office and
AECOM do not agree to construct homes under the disaster recovery program
on the lot so transferred and require that, while living, the transferee
maintain at least three years of consecutive residency from the time of
the completion of the dwellings built on these lots, the City shall have
a right to void the transfer and take any improvements on the lots .
SECTION 4 . That Frederick Coleman agrees by signing this Ordinance
that if the unit at 1706-1710 10th Street is not constructed by November
3 , 2023 , Mr. Coleman will convey the property back to the City of Port
Arthur.
SECTION 5. That a copy of the caption of this Ordinance is spread
upon the Minutes of the City Council .
P 0 7112
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:
City Council :
NOES:
MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
AP OVED FOR FORM:
VAL TIZ 0, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON, CITY MANAGER
BEVERLY F E , HOUSING &
NEIGHBORH OD REVITALIZATION MANAGER
AGREED TO:
FREDERICK COLEMAN
BY:
PRINTED NAME: FREDERICK COLEMAN
TITLE: Homeowner
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EXHIBIT " A "
SPECIAL WARRANTY DEED
Date: , 2022
Grantor: City Of Port Arthur, Texas
Grantor' s Mailing Address (including County) :
P. 0. Box 1089, Port Arthur, Texas,
Jefferson County, Texas 77640
Grantee: Frederick Coleman
Grantee' s Mailing Address (including County) :
Port Arthur, Texas 77640
Jefferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas,
Ron Burton, for and in consideration of the sum of Ten and No/100 Dollars
($10. 00) and other good and valuable consideration and under the terms as
denoted in Ordinance No. 22- 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 Frederick Coleman.
PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT FIVE (5) , BLOCK TWO HUNDRED
THIRTY-THREE (233) , CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF
JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 1706-1710 10TH STREET) .
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
in Ordinance No. 22- 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 the
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,
P07112
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 guarantees 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,
CITY OF PORT ARTHUR
BY:
Ron Burton, City Manager
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED TO AS TO FORM:
VAL TIZENO, CITY ATTORNEY
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ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Ron 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
AGREED TO AND ACCEPTED ON this the day of , 2022 .
GRANTEE:
BY:
Frederick Coleman
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Frederick 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
Return to: Original to Grantee: Frederick Coleman
Port Arthur, Texas 77640
Copy to Grantor: City of Port Arthur Legal Dept.
P. O. Box 1089,
Port Arthur, TX 77640-1089
P 07112