HomeMy WebLinkAboutPO 7151: CITY OWNED BACANT TRACT OF LAND LOCATED AT 627 W. 10TH STREET AND EXECUTION OF A SPECIAL WARRANTY DEED P.O. No. 7151
07/11/23 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF A CITY OWNED
VACANT TRACT OF LAND LOCATED AT 627 W. 10th STREET AND
EXECUTION OF A SPECIAL WARRANTY DEED
WHEREAS, on January 31, 2023, the City Council authorized a Motion to list the city
owned vacant tract of land located at 627 W. 10th Street by a licensed real estate broker as set forth in
Chapter 272 of the Texas Local Government Code (TLGC); and
WHEREAS, pursuant to Section 253.014(b)(d) of the TLGC, the City contracted with a
licensed real estate broker to list the property for a minimum period of thirty (30) days with a
multiple-listing service; and
WHEREAS,a ready,willing and able buyer has now been produced by the broker and it is
now deemed in the best interest of the City Council to approve the final sale to authorized
conveyance of the lot to prospective Buyer, Kevin Roach of KCK Investments, LLC for the fair
market value amount of$1,200.00.
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 readily 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 sale the vacant tract of land at
627 W. 10th Street, legally described as R40' OF LOT 11 & LOT 12 RES 7 RESV, to KCK
Investments,LLC for the fair market value amount of$1,200.00,less the closing and brokerage fees.
Section 5. That the final conveyance will be contingent upon closing and execute a
Special Warranty Deed, in substantially the same form attached hereto as Exhibit"A".
READ, ADOPTED AND APPROVED on this day of ,A.D., 2023,
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:
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Valecia R(_zeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron 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
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 , 2023
Grantor: City of Port Arthur
Mailing Address (including county):
444 4th Street
Port Arthur, Texas 77641-1089
(Jefferson County)
Grantee: KCK Investments, LLC
Grantee's Mailing Address (including county):
1309 8th Street
Port Arthur, Texas 77642
(Jefferson County)
Consideration:
$10.00 and other good and valuable consideration.
Property(including any improvements):
R40' OF LT 11 & LT 12 RES 7 RESV LOCATED IN THE CITY OF PORT ARTHUR
AS PER MAP OR PLAT IN JEFFERSON COUNTY, TEXAS
(PROPERTY ID: 95409) (GEOGRAPHIC ID: 055020-000-011200-00000)
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.
GRANTOR:
CITY OF PORT ARTHUR
Ronald Burton,
City Manager
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on day of
2023 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
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