HomeMy WebLinkAboutPO 7119: AUTHORIZINT THE SALE OF A CITY OWNED VACANT TRACT OF LAND, SPECIAL WARRANTY DEED P.O. No. 7119
12/08/22 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF A CITY OWNED
VACANT TRACT OF LAND LOCATED IN THE MARINER'S COVE
SUBDIVISION ON PLEASURE ISLAND,LEGALLY DESCRIBED AS LOT
NUMBER 84, MARINA COLONY, SECTION ONE, AS SET FORTH IN
CHAPTER 253 TEXAS LOCAL GOVERNMENT CODE AND TO FURTHER
AUTHORIZE THE EXECUTION OF SPECIAL WARRANTY DEED
WHEREAS,on February 19,2021,the City Council passed a Motion authorizing the sale of
city-owned properties located in the Marina Colony Subdivision,also known as Mariner's Cove on
Pleasure Island, by a licensed real estate broker as set forth in Chapter 253 of the Texas Local
Government Code (TLGC); and
WHEREAS,the Motion further authorized the City Manager to execute such contract with a
licensed broker with the final approval of sale to be approved by the City Council; and
WHEREAS, a certified local appraiser was hired to determine the fair market value for
eleven(11)tracts of land,(i.e.,legally described as: Lots 35,75, 76, 77, 78,78, 80,81, 82, 83,&84
Marina Colony Section 1), in the Mariner's Cove Subdivision; and
WHEREAS, pursuant to Section 253.014(d) of the TLGC, the City contracted with a
licensed broker to list the tracts of vacant land for sale for a minimum of thirty(30)days(i.e.,June
23 — August 3, 2022) on a multiple listing service and ready, willing and able buyers whom
submitted the highest cash offers were produced by the licensed broker on or after the thirtieth(30th)
day as delineated in Exhibit"A"; and
WHEREAS, pursuant to Resolution No. 22-381, on August 21, 2022, the City Council
authorized the City Manager and City Attorney to executed Real Estate Sales Contract with the
ready, willing and able buyers and to further proceed with the closing process for the eleven(11)
vacant tracts of land for at least fair market value; and
WHEREAS,pursuant to Ordinance No.22-70,the City Council authorized the final sale of
ten(10)vacant tracts of land, which excluded Lot Number 84; and
WHEREAS,the sales contract for Lot Number 84 was terminated by mutual consent due to
the unsatisfactory outcome of a survey completion and was relisted for sale on a multiple listing
service by the broker after a reevaluation of the fair market value; and
1
WHEREAS, a ready, willing and able buyer has now been produced by the broker after
relisting and it is now deemed in the best interest of the City Council to approve the final sale to
authorized conveyance of Lot 84 to the prospective Buyer,Nhan Le.
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 as set forth in Chapter 253 of the Texas Local
Government Code.
Section 4. That the City Manager and City Attorney are hereby authorized to sale the
remaining vacant tract,(i.e.,Lot 84)of land at the fair market value of$13,500.00,contingent upon
closing, less the closing and brokerage fees associated with the sale, and to further authorize the
execution of a Special Warranty Deed,in substantially the same form attached hereto as Exhibit"A",
to Buyer,Nhan Le.
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:
ti
alecia R. Ti eno, 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 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 , 2022
Grantor: City of Port Arthur, Texas, a municipal corporation
Grantor's Mailing Address (including county)
P.O. Box 1089
Port Arthur, Texas 77641
Jefferson County
Grantee: Nhan Le
Grantee's Mailing Address (including county):
Consideration:
$10.00 and other good and valuable consideration.
Property (including any improvements):
Lot Number Eighty(84) of a Replat of 0.716 acres out of the Reserve Tract"F" in THE REPLAT
OF MARINA COLONY, SECTION ONE, a Subdivision to the City of Port Arthur, Jefferson
County, Texas, as the same appears upon the map or plat thereof, on file and of record in Vol. 17,
Page 141, Map Records of Jefferson County, Texas.
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.
1
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 the day of A.D. 2022.
GRANTOR:
CITY OF PORT ARTHUR
By:
Ronald Burton, City Manager
APPROVED AS TO FORM:
Val Tizeno,
City Attorney
2
ACKNOWLEDGEMENT
THE 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 names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the same as
the act and deed of the County of Jefferson,for the purposes and considerations therein expressed,
and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D. 2022.
Notary Public, State of Texas
Print Notary Name Here
I
4
3
Grantee' s Acceptance of Deed
Nhan Le accept the attached Deed and consent to its form and substance. Grantee acknowledges
that the terms of the Deed conform with Grantee's intent and that they will control in the event of
any conflict with any contract Grantee signed regarding the Property described in the Deed.
GRANTEE:
By:
Nhan Le
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Nhan Le,
known to me to be the person whose names are subscribed to the foregoing instrument, and
acknowledged to me that they executed the same as the act and deed of the County of Jefferson,
for the purposes and considerations therein expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D. 2022.
Notary Public, State of Texas
Print Notary Name Here
4
