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HomeMy WebLinkAboutPO 7115: SPECIAL WARRANTY DEED, STEPHEN ROMEO P.O. No. 7115 11/21/22 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED TO STEPHEN ROMEO, AS IT PERTAINS TO THE PROPERTY LOCATED AT 580 PLEASURE PIER BOULEVARD; LEGALLY DESCRIBED AS UNIT 215, BUILDING "B", PHASE II, PLEASURE ISLAND SEA CABINS. WHEREAS,pursuant to 75th Legislative Regular Session, the Texas Legislature enacted House Bill 2914, effective June 19, 1997, authorizing the General Land Office to convey the State's interest in the lands on Pleasure Island to the City of Port Arthur; and WHEREAS,the City is the landowner of the property known as Pleasure Pier Sea Cabins located at 580 Pleasure Pier Boulevard on Pleasure Island; and WHEREAS, prior to the enactment of HB 2914, various individuals who purchased condominium units at this location were provided with ninety-nine (99) year leases; and WHEREAS, it is now deemed appropriate for the City to grant fee simple title to the owners in order to facilitate the sale of the units to prospective buyers; and WHEREAS, Stephen Romeo, owner of Unit 215, Building B, Phase II has requested that the City provide a deed granting fee simple title for purpose plans of marketing the unit; and WHEREAS, it is deemed in the best interest for the City to grant Mr. Romeo's request with a Special Warranty Deed. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute a Special Warranty Deed, granting fee simple title to owner, Stephen Romeo, in substantially the same form, as delineated in Exhibit"A", for Unit 215. Section 3. That the executed Special Warranty Deed shall be filed of record with the Jefferson County Clerk. Section 4. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 5. That this Ordinance shall be effective immediately after its passage. READ, ADOPTED AND APPROVED on this day of A.D., 2022, at a 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: L1AtC—!' Y''L - `O Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Exhibit "A" (Special Warranty Deed) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY 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: December ,2022 GRANTOR AND GRANTOR'S MAILING ADDRESS: CITY OF PORT ARTHUR P.O. Box 1089 Port Arthur, Texas 77641-1089 GRANTEE AND GRANTEE'S MAILING ADDRESS: STEPHEN F. ROMEO 326 Golfview Dr.NE Arab,Alabama 35016 CONSIDERATION: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration. PROPERTY(including any improvements): See Exhibit"A"attached hereto. RESERVATIONS FROM AND 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 to hold unto Grantee, Grantee's heirs, 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 heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part hereof, by,through or under Grantor,but not otherwise, except as to the reservations from and exceptions to the conveyance and warranty. Disclosure to Purchasers The real property described herein is located seaward of the Gulf Intracoastal Waterway to its southernmost point and then seaward of the longitudinal line also known as 97 degrees 12' 19" which runs southerly to the international boundary from the intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship Channel. If the property is in close proximity to a beach fronting the Gulf of Mexico, the purchasers are hereby advised that the public may have acquired a right of use or easement to or over the are of any public beach by prescription, dedication, or presumption, or has retained a right by virtue of continuous right in the public since time immemorial,as recognized in law and custom. The extreme seaward boundary of natural vegetation that spreads continuously inland customarily marks the landward boundary of the public easement. If there is no clearly marked natural vegetation line the landward boundary of the easement is as provided by Sections 61.016 and 61.017,Natural Resources Code. State law prohibits any obstruction,barrier,restraint, or interference with the use of the public easement, including the placement of structures seaward of the landward boundary of the easement. STRUCTURES ERECTED SEAWARD OF THE VEGETATION LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BECOME SEAWARD OF THE VEGETATION LINE AS A RESULT OF THE NATURAL PROCESSES ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO REMOVE THE STRUCTURES. The purchasers are hereby notified that the purchasers should seek the advice of an attorney or other qualified person before accepting this instrument of conveyance as to the relevance of these statutes and facts to the value of the property the purchasers are hereby purchasing. When the context requires, singular nouns and pronouns include the plural. Grantor: CITY OF PORT ARTHUR By: Ronald Burton, City Manager THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of December, 2022, by RONALD BURTON, as City Manager of CITY OF PORT ARTHUR, on behalf of said City of Port Arthur. Notary Public, State of Texas Grantee's Acceptance of Deed STEPHEN F. ROMEO, Grantee, accepts the attached Deed and consents to its form and substance. STEPHEN F. ROMEO THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of December, 2022, by STEPHEN F. ROMEO. Notary Public, State of Texas AFTER RECORDING, RETURN TO: City of Port Arthur Legal Department P.O. Box 1089 Port Arthur,Texas 77641-1089 ,g _ ... . EXHIBIT"A" That certain apartment designated as Unit Two Hundred Fifteen (215), Building "B", PHASE II, PLEASURE PIER SEA CABINS, a condominium project in Port Arthur, Jefferson County, Texas, including the patio space assigned thereto and an undivided interest in the common elements thereof, according to the Condominium Declaration and By Laws which are recorded in Vol. 2, Page 163 in the Condominium Records of Jefferson County, Texas, which property is conveyed subject to the provisions of the Condominium Act of the State of Texas, which act is incorporated herein and made a part hereof by reference and the provisions, easements, agreements, covenants, restrictions, limitations and conditions contained in and set out in Declaration and By Laws, and also subject to all easements,restrictions, reservations and conditions otherwise appearing of record and affecting the project Tract of land or any part thereof.