HomeMy WebLinkAboutPO 7252: SALE OF A CITY OWNED VACANT TRACT OF LAND, 937 GRANNIS AVENUE P.O. No. 7252
06/04/24 ht
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF A CITY OWNED
VACANT TRACT OF LAND LOCATED AT 937 GRANNIS AVENUE AND
FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE A SPECIAL
WARRANTY DEED FOR THE CONVEYANCE
WHEREAS, on February 13, 2024, the City Council authorized a Motion to list the city
owned vacant tract of land located at 937 Grannis Avenue 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 subject property for a minimum period of thirty(30)days with a
multiple-listing service for the fair market value amount of$9,500.00; and
WHEREAS,a ready,willing and able buyer has been produced by the broker and it is now
deemed in the best interest of the City Council to approve the final sale and authorized conveyance to
prospective buyer,Kevin Roach of KCK Investments,LLC,for the amount of$9,500.00 as specified
in Exhibit"A".
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§253.014 of the Texas
Local Government Code have been properly met and that a ready, willing and able buyer was
produced by the licensed real estate broker utilizing the multiple listing service.
Section 3. That the City Manager,is hereby authorized to sell the vacant tract of land at
937 Grannis Avenue,to KCK Investments,LLC for the fair market value amount of$9,500.00,less
the closing and brokerage fees.
Section 4. That the final conveyance will be contingent upon closing and execute a
Special Warranty Deed, in substantially the same form attached hereto as Exhibit"B".
READ,ADOPTED AND APPROVED on this day of , A.D., 2024,
at a Council Meeting of the City Council of the City of Port Arthur, Texas,by the following vote:
AYES:
Mayor:
Councilmembers:
a
NOES:
Thurman Bill Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
es M. Black,
Interim City Attorney
APPROVE I0' ADMINISTRATION:i
�� i
i6p,
Ron Burton, CP►
City Man.
EXHIBIT "A"
(Contract)
DocuSign Envelope ID:284B1 C1 E-62E7-497E-9AAF-A4E7984D0FB0
Authentisign ID:21BC8460-B104-44FF-A7EB-957C8874F053
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) 11-07-2022
TREC UNIMPROVED PROPERTY CONTRACT
�1.G NOTICE: Not For Use For Condominium TransactionsEQUA.w�
1. PARTIES: The parties to this contract are City of Port Arthur (Seller)
and KCK Investments LLC (Buyer). Seller agrees
to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below.
2. PROPERTY: Lot Tr3-A Replat of L3&L14 Block RES 15 RESV
Addition.
City of Port Arthur , County of Jefferson
Texas, known as 937 Grannis Ave 77640
(address/zip code), or as described on attached exhibit together with all rights, privileges and
appurtenances pertaining thereto(Property).
RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is
made in accordance with an attached addendum.
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing $ 9,500.00
The term "Cash portion of the Sales Price"does not include proceeds from borrowing of any
kind or selling other real property except as disclosed in this contract.
B. Sum of all financing described in the attached:E Third Party Financing Addendum,
E Loan Assumption Addendum,-I Seller Financing Addendum $
C. Sales Price(Sum of A and B) $ 9,500.00
4. LEASES:
A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property.
After the Effective Date, Seller may not, without Buyer's written consent, create a new lease,
amend any existing lease, or convey any interest in the Property.
B. NATURAL RESOURCE LEASES: "Natural Resource Lease" means an existing oil and gas,
mineral, water, wind, or other natural resource lease affecting the Property to which Seller is a
party. Seller E is EXi is not a party to a Natural Resource Lease. If Seller is a party to a
Natural Resource Lease, check one of the following:
E (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases.
E (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall
provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective
Date. Buyer may terminate the contract within days after the date the Buyer
receives all the Natural Resource Leases and the earnest money shall be refunded to Buyer.
5. EARNEST MONEY AND TERMINATION OPTION:
A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer
must deliver to Stewart Title (Escrow Agent)at 8460 Central
Mall Dr Suite G,Port Arthur,Tx 77642 (address): $ 500.00
as earnest money and$ as the Option Fee. The earnest money and Option
Fee shall be made payable to Escrow Agent and may be paid separately or combined in a single
payment.
(1) Buyer shall deliver additional earnest money of $ to Escrow Agent within
days after the Effective Date of this contract.
(2) If the last day to deliver the earnest money, Option Fee, or the additional earnest money
falls on a Saturday, Sunday, or legal holiday, the time to deliver the earnest money, Option
Fee, or the additional earnest money, as applicable, is extended until the end of the next
day that is not a Saturday, Sunday, or legal holiday.
(3) The amount(s) Escrow Agent receives under this paragraph shall be applied first to the
Option Fee,then to the earnest money, and then to the additional earnest money.
(4) Buyer authorizes Escrow Agent to release and deliver the Option Fee to Seller at any time
without further notice to or consent from Buyer, and releases Escrow Agent from liability for
delivery of the Option Fee to Seller. The Option Fee will be credited to the Sales Price at
closing.
B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges,
and Buyer's agreement to pay the Option Fee within the time required, Seller grants Buyer the
unrestricted right to terminate this contract by giving notice of termination to Seller within
days after the Effective Date of this contract (Option Period). Notices under this
paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date
specified. If Buyer gives notice of termination within the time prescribed: (i) the Option Fee
will not be refunded and Escrow Agent shall release any Option Fee remaining with Escrow
Agent to Seller: and (ii)any earnest money ill be refunded to Buyer.
TXR-1607 Initialed for identification by Buyer�X,* and Seller VH TREC NO. 9-16
Dee Richard Real Estate.2630 Laurel Avenue Beaumont TX 77702 ?hone.(409)839-4580 Fax.0409)839-4395 City of Port Arthur
Delores Richard Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St.Suite 2200.Dallas.TX 75201 w w.lwolf con
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984DOFB0
Authentisign ID:218CS466 B104-44Fr.A7C8.e67Cs674rD621
Contract Concerning 937 Grannis Ave ,Port Arthur,Tx 77640 Page 2 of 10 11-07-2022
(Address of Property)
C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money
within the time required, Seller may terminate this contract or exercise Seller's remedies under
Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money.
D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the Option Fee or if
Buyer fails to deliver the Option Fee within the time required, Buyer shall not have the
unrestricted right to terminate this contract under this Paragraph 5.
E. TIME: Time is of the essence for Is�t:ta .graph and strict compliance with the time for
performance is required.
6. TITLE POLICY AND SURVEY: y,
A. TITLE POLICY: Seller shall furnish to Buyer a t_3 Seller's 30,1 Buyer's expense an owner's policy of
title insurance (Title Policy) issued by Stewart Title
(Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer
against loss under the provisions of the Title Policy, subject to the promulgated exclusions
(including existing building and zoning ordinances)and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees,taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 3.
(4) Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches. streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements:
X(i)will not be amended or deleted from the title policy; or
(ii)will be amended to read, "shortages in area"at the expense of❑Buyer E Seller.
(9) The exception or exclusion regarding minerals approved by the Texas Department of
Insurance.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense,
legible copies of restrictive covenants and documents evidencing exceptions in the Commitment
(Exception Documents) other than the standard printed exceptions. Seller authorizes the Title
Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address
shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to
Buyer within the specified time, the time for delivery will be automatically extended up to 15
days or 3 days before the Closing Date, whichever is earlier. If the Commitment and Exception
Documents are not delivered within the time required, Buyer may terminate this contract and
the earnest money will be refunded to Buyer.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the
Title Company and Buyer's lender(s). (Check one box only)
❑ (1) Within days after the Effective Date of this contract, Seller shall furnish to Buyer and
Title Company Seller's existing survey of the Property and a Residential Real Property
Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails
to furnish the existing survey or affidavit within the time prescribed, Buyer shall
obtain a new survey at Seller's expense no later than 3 days prior to Closing Date.
If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s),
Buyer shall obtain a new survey at E Seller's ❑Buyer's expense no later than 3 days prior
to Closing Date.
❑ (2) Within days after the Effective Date of this contract, Buyer shall obtain a new survey
at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or
the date specified in this paragraph,whichever is earlier.
❑ (3) Within days after the Effective Date of this contract, Seller, at Seller's expense shall
furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object in writing to (i) defects, exceptions, or encumbrances to title:
disclosed on the survey other than items 6A(1) through (7) above: or disclosed in the
Commitment other than items 6A(1) through (9) above: (ii) any portion of the Property lying in
a special flood hazard area (Zone V or A) as shown on the current Federal Emergency
Management Agency map: or (iii) any exceptions which prohibit the following use or activity:
N/A
Buyer must object the earlier of(i)the Closing Date or(ii) days after Buyer receives the
Commitment. Exception Documents, and the survey. Buyer's failure to object within the time
allowed will constitute a waiver of Buyer's right to object; except that the requirements in
Schedule C of the Commitment are not waived. Provided Seller is not obligated to incur any
expense, Seller shall cure any timely objections of Buyer or any third party lender within 15
days after Seller receives the objections (Cure Period) and the Closing Date will be extended as
necessary. If objections are not cured within the Cure Period, Buyer may, by delivering notice to
Seller within 5 days after the end of the Cure Period: (i) terminate this contract and the earnest
money will be refunded to Buyer; or (ii waive the objections. I uye does not terminate
e,
TXR-1607 Initialed for identification by Buyer C' and Seller ►!� TREC NO. 9-16
Produced with Lone Wolf Transactions;zipForm Edition)717 N Harwood Si,Suite 2200,Dallas,TX 752 w^\vw.lwoif,com C'ih or Purt
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984D0FB0
Authentisign ID:i1BC61CO B19''IFF ATEB 967C81174FD62
Contract Concerning 937 Grannis Ave ,Port Arthur,Tx 77640 Page 3 of 10 11-07-2022
(Address of Property)
within the time required, Buyer shall be deemed to have waived the objections. If the
Commitment or survey is revised or any new Exception Document(s) is delivered, Buyer may
object to any new matter revealed in the revised Commitment or survey or new Exception
Document(s) within the same time stated in this paragraph to make objections beginning when
the revised Commitment. survey. or Exception Document(s)is delivered to Buyer.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the
Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or
obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly
reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to
object. _
(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property is X is not subject
to mandatory membership in a property owners association(s). If the Property is subject to
mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential community
identified in Paragraph 2 in which the Property is located, you are obligated to be a member
of the property owners association(s). Restrictive covenants governing the use and
occupancy of the Property and all dedicatory instruments governing the establishment,
maintenance, and operation of this residential community have been or will be recorded in
the Real Property Records of the county in which the Property is located. Copies of the
restrictive covenants and dedicatory instruments may be obtained from the county clerk.
You are obligated to pay assessments to the property owners association(s). The
amount of the assessments is subject to change. Your failure to Day the
assessments could result in enforcement of the association's lien on and the
foreclosure of the Property.
Section 207.003, Property Code, entitles an owner to receive copies of any document that
governs the establishment, maintenance, or operation of a subdivision, inciuding, but not
limited to; restrictions, bylaws; rules and regulations, and a resale certificate from a property
owners' association. A resale certificate contains information including, but not limited to,
statements specifying the amount and frequency of regular assessments and the style and
cause number of lawsuits to which the property owners' association is a party, other than
lawsuits relating to unpaid ad valorem taxes of an individual member of the association.
These documents must be made available to you by the property owners' association or the
association's agent on your request.
If Buyer is concerned about these matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property Owners Association
should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included in
the extraterritorial jurisdiction of a municipality and may now or later be subject to
annexation by the municipality. Each municipality maintains a map that depicts its
boundaries and extraterritorial jurisdiction. To determine if the Property is located within a
municipality's extraterritorial jurisdiction or is likely to be located within a municipality's
extraterritorial jurisdiction, contact all municipalities located in the general proximity of the
Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that
you are about to purchase may be located in a certificated water or sewer service area,
which is authorized by law to provide water or sewer service to the properties in the
certificated area. If your property is located in a certificated area there may be special costs
or charges that you will be required to pay before you can receive water or sewer service.
There may be a period required to construct lines or other facilities necessary to provide
water or sewer service to your property. You are advised to determine if the property is in a
certificated area and contact the utility service provider to determine the cost that you will be
required to pay and the period, if any, that is required to provide water or sewer service to
your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice
at or before the execution of a binding contract for the purchase of the real property
described in Paragraph 2 or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district. Seller
must give Buyer written notice as required by §5.014, Property Code. An addendum
containing the required notice shall be attahed to this contract.
TXR-1607 Initialed for identification by Buyer[.X.911 and SellerW(!a)
TREC NO. 9-16
Produced with Lone Woi1 Transactions(zipForrr Edition?717 N Harwood St.Suite 2200.Dallas,TX 7v wolf c r11 City of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984DOFB0
Authentisign 1D:
Contract Concerning 937 Grannie Ave ,Port Arthur,Tx 77640 Page 4 of 10 1•,-07-2022
(Address of Property)
(8) TEXAS AGRICULTURAL DEVELOPMENT DISTRICT: The Property is X is not located in a
Texas Agricultural Development District. For additional information, contact the Texas
Department of Agriculture.
(9) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205.
Property Code requires Seller to notify Buyer as follows: The private transfer fee obligation
may be governed by Chapter 5, Subchapter G of the Texas Property Code.
(10)PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system
service area owned by a distribution system retailer, Seller must give Buyer written notice as
required by §141.010, Texas Utilities Code. An addendum containing the notice approved by
TREC or required by the parties should be used.
(11)NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water,
including a reservoir or lake, constructed and maintained under Chapter 11, Water Code.
that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal
operating level. Seller hereby notifies Buyer: "The water level of the impoundment of water
adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity
lawfully exercising its right to use the water stored in the impoundment; or (2) drought or
flood conditions."
(12)REQUIRED NOTICES: The following notices have been given or are attached to this contract
(for example, MUD. WCID, PID notices): DD6
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to
the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall
keep the utilities on during the time this contract is in effect.
NOTICE: Buyer should determine the availability of utilities to the Property suitable to satisfy
Buyer's needs.
B. ACCEPTANCE OF PROPERTY CONDITION: "As Is" means the present condition of the Property
with any and all defects and without warranty except for the warranties of title and the
warranties in this contract. Buyer's agreement to accept the Property As Is under Paragraph 7B
(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from
negotiating repairs or treatments in a subsequent amendment, or from terminating this
contract during the Option Period, if any.
(Check one box only)
X (1) Buyer accepts the Property As Is.
(2) Buyer accepts the Property As Is provided Seller, at Seller's expense, shall complete the
following specific repairs and treatments:
•
(Do not insert general phrases, such as "subject to inspections" that do not identify specific
repairs and treatments.)
C. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall
complete all agreed repairs and treatments prior to the Closing Date and obtain any required
permits. The repairs and treatments must be performed by persons who are licensed to provide
such repairs or treatments or, if no license is required by law, are commercially engaged in the
trade of providing such repairs or treatments. Seller shall: (i) provide Buyer with copies of
documentation from the repair person(s) showing the scope of work and payment for the work
completed; and (ii) at Seller's expense, arrange for the transfer of any transferable warranties
with respect to the repairs and treatments to Buyer at closing. If Seller fails to complete any
agreed repairs and treatments prior to the Closing Date, Buyer may exercise remedies under
Paragraph 15 or extend the Closing Date up to 5 days, if necessary. for Seller to complete
repairs and treatments.
D. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances,
including asbestos and wastes or other environmental hazards, or the presence of a threatened
or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is
concerned about these matters, an addendum promulgated by TREC or required by the parties
should be used.
E. SELLER'S DISCLOSURE:
(1) Seller ❑is 'X is not aware of any flooding of the Property which has had a material
adverse effect on the use of the Property.
(2) Seller ❑is [X�is not aware of any pending or threatened litigation, condemnation, or
special assessment affecting the Property.
(3) Seller is X is not aware of any environmental hazards that materially and adversely
affect the Property.
(4) Seller '❑is ]is not aware of any dumpsite, landfill, or underground tanks or containers
now or previous) located on the Property.
(5) Seller is [X'�is not aware of any wetlands, as defined by federal or state law or
regulation, affecting the Property.
(6) Seller ❑is ❑X is not aware of any threatened or endangered species or their habitat
affecting the Property. _
(7) Seller_is X is not aware that the Property is located❑wholly j partly in a floodplain.
(8) Seller is Xi is not aware that a tree or trees located on the Property has oak wilt.
If Seller is aware of any of the items above, explain (attach additional shee , if nec-.sary):
TXR-1607 Initialed for identification by Buyer and Seller TREC NO. 9-16
Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200.Dallas,TX 7 www.lwolf.com City of Port
DocuSign Envelope ID:284B1 C1 E-62E7-497E-9AAF-A4E7984DOFB0
Authentisign ID:2111ICRd.n-R1nd.d4FF-17FR-9c7(`,IR7AFrl63
Contract Concerning 937 Grannis Ave ,Port Arthur,Tx 77640 Page 5 of 10 11-07-2022
(Address of Property)
8. BROKERS AND SALES AGENTS:
A. BROKER OR SALES AGENT DISCLOSURE: Texas law requires a real estate broker or sales
agent who is a party to a transaction or acting on behalf of a spouse, parent, child. business
entity in which the broker or sales agent owns more than 10%, or a trust for which the broker
or sales agent acts as a trustee or of which the broker or sales agent or the broker or sales
agent's spouse, parent or child is a beneficiary, to notify the other party in writing before
entering into a contract of sale. Disclose if applicable:
as •
B. BROKERS' FEES: All obligations of ii-Npa),ies for payment of brokers' fees are contained in
separate written agreements. II ++��
9. CLOSING: ' t nG 1
A. The closing of the sale will be on or before 2024 , or within 7 days
after objections made under Paragraph 6D have been cured or waived, whichever date is later
(Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting
party may exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to
Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish
tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the Escrow Agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits,
releases, loan documents, transfer of any warranties, and other documents reasonably
required for the closing of the sale and the issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which will
not be satisfied out of the sales proceeds unless securing the payment of any loans
assumed by Buyer and assumed loans will not be in default.
(5) Private transfer fees (as defined by Chapter 5, Subchapter G of the Texas Property Code)
will be the obligation of Seller unless provided otherwise in this contract. Transfer fees
assessed by a property owners' association are governed by the Addendum for Property
Subject to Mandatory Membership in a Property Owners Association.
10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required
condition upon closing and funding.
11. SPECIAL PROVISIONS: (This paragraph is intended to be used only for additional informational
items. An informational item is a statement that completes a blank in a contract form, discloses
factual information, or provides instructions. Real estate brokers and sales agents are prohibited
from practicing law and shall not add to, delete, or modify any provision of this contract unless
drafted by a party to this contract or a party's attorney.
' 12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller(Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release
of Seller's loan liability; tax statements or certificates; preparation of deed; one-half of
escrow fee; and other expenses payable by Seller under this contract.
(b) Seller shall also pay an amount not to exceed $ to be applied in the
following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA,
Texas Veterans Land Board or other governmental loan programs, and then to other
Buyer's Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees:
origination charges; credit reports; preparation of loan documents; interest on the notes
from date of disbursement to one month prior to dates of first monthly payments:
recording fees; copies of easements and restrictions; loan title policy with endorsements
required by lender; loan-related inspection fees; photos; amortization schedules: one-half
of escrow fee; all prepaid items, including required premiums for flood and hazard
insurance, reserve deposits for insurance, ad valorem taxes and special governmental
assessments; final compliance inspection; courier fee; repair inspection: underwriting fee;
wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium
(PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the
lender; and other expenses payable by Buyer under this contract.
B. If any expense exceeds an amount expressly stated in this contract for such expense to be
paid by a party, that party may terminate this contract unless the other party agrees to pay
such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas
Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current year, interest. rents, and regular periodic maintenance
fees, assessments, and dues (including prepaid items) will be prorated through the Closing
Date. The tax proration may be calculated taking into consideration any change in exemptions
that will affect the current year's taxes. If taxes for the current year vary from the amount
prorated at closing, the parties shall adjust the prorations when tax statements for the current
year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the
current year.TXR-1607 Initialed for identification by Buyer Di'R1
and Seller TREC NO. 9-16
Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200.Dallas.TX 7520'. .Iwolf.corn City of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984D0FB0
Authenttslgn ID:2+13r5LeictiR+nn-diFF-a7Fp aRWxrezaFryc►
Contract Concerning 937 Grannie Ave ,Port Arthur,Tx 77640 Page 6 of 10 11-07.2022
(Address of Property)
B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the
assessment of additional taxes, penalties or interest (Assessments) for periods prior to closing.
the Assessments will be the obligation of Buyer. If Assessments are imposed because of Seller's
use or change in use of the Property prior to closing, the Assessments will be the obligation of
Seller. Obligations imposed by this paragraph will survive closing.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty
after the Effective Date of this contract, Seller shall restore the Property to its previous condition
as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due
to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money
will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date
will be extended as necessary or (c) accept the Property in its damaged condition with an
assignment of insurance proceeds, if permitted by Seller's insurance carrier, and receive credit
from Seller at closing in the amount of the deductible under the insurance policy. Seller's
obligations under this paragraph are independent of any other obligations of Seller under this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may
(a) enforce specific performance, seek such other relief as may be provided by law, or both, or
(b) terminate this contract and receive the earnest money as liquidated damages, thereby
releasing both parties from this contract. If Seller fails to comply with this contract, Seller will be
in default and Buyer may (a) enforce specific performance, seek such other relief as may be
provided by law. or both, or (b) terminate this contract and receive the earnest money. thereby
releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through
alternative dispute resolution procedures such as mediation. Any dispute between Seller and
Buyer related to this contract which is not resolved through informal discussion will be submitted
to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the
mediation costs equally. This paragraph does not preclude a party from seeking equitable relief
from a court of competent jurisdiction.
17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or Escrow Agent who prevails
in any legal proceeding related to this contract is entitled to recover reasonable attorney's fees
and all costs of such proceeding.
18. ESCROW:
A. ESCROW: The Escrow Agent is not (i) a party to this contract and does not have liability for the
performance or nonperformance of any party to this contract, (ii) liable for interest on the
earnest money and (iii) liable for the loss of any earnest money caused by the failure of any
financial institution in which the earnest money has been deposited unless the financial
institution is acting as Escrow Agent. Escrow Agent may require any disbursement made in
connection with this contract to be conditioned on Escrow Agent's collection of good funds
acceptable to Escrow Agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment,
then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, Escrow Agent
may: (i) require a written release of liability of the Escrow Agent from all parties before
releasing any earnest money; and (ii) require payment of unpaid expenses incurred on behalf
of a party. Escrow Agent may deduct authorized expenses from the earnest money payable to a
party. "Authorized expenses" means expenses incurred by Escrow Agent on behalf of the party
entitled to the earnest money that were authorized by this contract or that party.
C. DEMAND: Upon termination of this contract, either party or the Escrow Agent may send a
release of earnest money to each party and the parties shall execute counterparts of the
release and deliver same to the Escrow Agent. If either party fails to execute the release, either
party may make a written demand to the Escrow Agent for the earnest money. If only one
party makes written demand for the earnest money, Escrow Agent shall promptly provide a
copy of the demand to the other party. If Escrow Agent does not receive written objection to
the demand from the other party within 15 days, Escrow Agent may disburse the earnest
money to the party making demand reduced by the amount of unpaid expenses incurred on
behalf of the party receiving the earnest money and Escrow Agent may pay the same to the
creditors. If Escrow Agent complies with the provisions of this paragraph, each party hereby
releases Escrow Agent from all adverse claims related to the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the Escrow
Agent within 7 days of receipt of the request will be liable to the other party for
(i)damages; (ii)the earnest money: (iii)reasonable attorney's fees: and(iv)all costs of suit.
E. NOTICES: Escrow Agent's notices will be effective when sent in compliance with Paragraph 21.
Notice of objection to the demand will be deemed effective upon receipt by Escrow Agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will
be in default. Unless expressly prohibited by written agreement, Seller may continue to show the
Property and receive. negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by Internal
Revenue Code and its regulations, or if Seller fails to deliver an affidavit or a certificate of non-
foreign status to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the
sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the
Internal Revenue Service together with appropriate tax forms. Internal Revenue Service
regulations require filing written reports if currency in excess of specified amounts is received in
the transaction.
TXR-1607 Initialed for identification by Buyer L' J and Seller TREC NO. 9-16
Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St Suite 2200.Dallas.TX 75 1` vw.lwol`corn City of Port
DocuSign Envelope ID:284B1 C1 E-62E7-497E-9AAF-A4E7984D0FB0
Authentlsign ID:218C8480 8,10'441-F A7t6 0L7C8874FO.3
Contract Concerning 937 Grannis Ave ,Port Arthur,Tx 77640 Page 7 of 10 11-c7-2022
(Address of Property)
21. NOTICES: All notices from one party to the other must be in writing and are effective
when mailed to, hand-delivered at, or transmitted by fax or electronic transmission as follows:
To Buyer at: 3109 8th St To Seller at: 444 4th St
Port Arthur,Tx 77642 Port Arthur,Tx 77641
Phone: (409)549-9575 Phone:
E-mail/Fax: key roac(cDyahoo.com E-mail/Fax:
E-mail/Fax: E-mail/Fax:
With a copy to Buyer's agent at: With a copy to Seller's agent at:
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this contract
are(check all applicable boxes):
Third Party Financing Addendum ] Addendum for Coastal Area Property
] Seller Financing Addendum ] Environmental Assessment, Threatened or
] Addendum for Property Subject to Endangered Species and Wetlands
Mandatory Membership in a Property Addendum
Owners Association ❑ Addendum for Property Located Seaward
E Buyer's Temporary Residential Lease of the Gulf Intracoastal Waterway
L
Seller's Temporary Residential Lease _ Addendum for Sale of Other Property by
] Buyer
Addendum for Reservation of Oil, Gas
and Other Minerals ] Addendum for Property in a Propane Gas
System Service Area
P Addendum for"Back-Up"Contract
Addendum Concerning Right to ❑ Other(list): Info About Special Flood Hazard
Area
Terminate Due to Lender's Appraisal
] Addendum containing Notice of
Obligation to Pay Improvement District
Assessment
23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate brokers and sales agents
from giving legal advice. READ THIS CONTRACT CAREFULLY.
Buyer's Seller's Attorney is: Attorney is: 0AANte5 V
'.11;44Ai\74k(lx.k.VN(C-C111•
4s
Phone: Phone: yi r ) 3'k(25
Fax: Fax: ��a/4.) "`��—a t.2
E-mail: E-mail: ) 1Vk ,. e( B(.7�1I1/`" l -K�q✓V
TXR-1607 Initialed for identification by Buyer[34 and Seller TREC NO. 9-16
Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 752 w'ev.lwolf con City of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984DOFB0
Authenlisign ID:21BC8460-B104-44FF-A7EB-957C8874FD53
', Contract Concerning 937 Grannis Ave ,Port Arthur,Tx 77640 Page 8 of 10 11-07-2022
(Address of Property)
EXECUTED the day of , (Effective Date).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
L.7 Aulhonlieaw
61Ar4 10 3327 PM m; Seller
KCK Investments LLC City of Pont Art
Buyer Seller
The form are
ntended forof usethis onlycontract by trhasainedbeen realapproved estate licensebythe holders.Texas NoReal representationEstate isCommission.made asTREC toforms the legal
4../IN
TRECvalidity or adequacy of any provision in any specific transactions. It is not intended for complex
`+ transactions. Texas Real Estate Commission. P.O. Box 12188, Austin. TX 78711-2188, (512) 936-3000
,,,,,„E„ �o„„,,,,„„ (http://www.trec.texas.gov)TREC NO.9-16.This form replaces TREC NO.9-15.
TXR-1607 TREC NO. 9-16
Produced with Lone Wolf Transactions(zipFornf Edition)717 N Harwood St.Suite 2200,Dallas,TX 75201 www!wolf corn city of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984DOFB0
Authentisign ID:21BC8460.B104.44FF-A7EB-967C8874FD53
Contract Concerning 937 Grannis Ave Port Arthur,Tx 77640 Page 9 of 10 1•-D8-2022
(Address of Property)
BROKER INFORMATION
(Print name(s)only. Do not sign)
Dee Richard Real Estate
Other Broker Firm License No. Listing Broker Firm License No.
represents Buyer only as Buyer's agent represents _Seller and Buyer as an intermediary
Seller as Listing Broker's subagent ]Seller only as Seller's agent
Charles Austin Chevis
Associate's Name License No. Listing Associate's Name License No.
Team Name Team Name
charlchev@yahoo.com (409)828-0551
Associate's Email Address Phone Listing Associate's Email Address Phone
236504
Licensed Supervisor of Associate License No. Licensed Supervisor of Listing Associate License No.
2630 Laurel Avenue (409)839-4580
Other Broker's Address Phone Listing Broker's Office Address Phone
Beaumont TX 77702
City State Zip City State Zip
Selling Associate's Name License No.
Team Name
Selling Associate's Email Address Phone
Licensed Supervisor of Selling Associate License No.
Selling Associate's Office Address
City State Zip
Disclosure: Pursuant to a previous, separate agreement (such as a MLS offer of compensation or other
agreement between brokers), Listing Broker has agreed to pay Other Broker a fee ($1,000-flat fee
). This disclosure is for informational purposes and does not change
the previous agreement between brokers to pay or share a commission.
TXR-1607 TREC NO. 9-16
Produced w,th Lone Wolf Transactions(zipForrn Edition)717 N Harwood St,Suite 2200.Dallas,TX 75201 www,lwolf.com City of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984D0FB0
Authentlslgn ID:21BC8460.8104-44FF-A7EB-957C8874FD53
Contract Concerning 937 Granola Ave ,Port Arthur,Tx 77640 Page 10 of 10 11-07-22
(Address of Property)
OPTION FEE RECEIPT
Receipt of $ (Option Fee) in the form of
is acknowledged.
Escrow Agent Stewart Title Date
EARNEST MONEY RECEIPT
Receipt of $ Earnest Money in the form of
is acknowledged.
Escrow Agent Received by Email Address Date/Time
Address Phone
City State Zip Fax
CONTRACT RECEIPT
Receipt of the Contract is acknowledged.
Escrow Agent Received by Email Address Date
Address Phone
City State Zip Fax
ADDITIONAL EARNEST MONEY RECEIPT
Receipt of $ additional Earnest Money in the form of
is acknowledged.
Escrow Agent Received by Email Address Date/Time
Address Phone
City State Zip Fax
TXR-1607 TREC NO. 9-16
Produced with Lone N,bR Transactions)zipForrn Edition)717 N Harwood St.Suite 2220C,Dallas,-X 75201 www two11.com Cin'of Port
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984D0FB0
Authentisign ID:21BC8460.8104-44FF-A7EB.957C8874FD53
7.1 TEXAS REALTORS
INFORMATION ABOUT SPECIAL FLOOD HAZARD AREAS
USE CF THIS FORM BY PERSONS WHO ARE NOT MEMBERS CF THE TEXAS ASSOCIATION OF REALTORSi.INC.IS NOT AUTHORIZED.
®Texas Association of REALTORSO,Inc..2021
937 Grannis Ave
CONCERNING THE PROPERTY AT Port Arthur, Tx 77640
A. FLOOD AREAS:
(1) The Federal Emergency Management Agency (FEMA) designates areas that have a high risk of flooding
as special flood hazard areas.
(2) A property that is in a special flood hazard area is designated on flood insurance rate maps with
a zone beginning in a "V" or"A". Both V-Zone and A-Zone areas indicate a high risk of flooding.
(3) Some properties may also lie in the "floodway" which is the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge a flood under FEMA rules.
Communities must regulate development in these floodways.
B. AVAILABILITY OF FLOOD INSURANCE:
(1) Generally, flood insurance is available regardless of whether the property is located in or out of a special
flood hazard area. Contact your insurance agent to determine if any limitations or restrictions apply to
the property in which you are interested.
(2) FEMA encourages every property owner to purchase flood insurance regardless of whether the property
is in a high, moderate, or low risk flood area.
(3) A homeowner may obtain flood insurance coverage (up to certain limits) through the National Flood
Insurance Program. Supplemental coverage is available through private insurance carriers.
(4) A mortgage lender making a federally related mortgage will require the borrower to maintain flood
insurance if the property is in a special flood hazard area.
C. GROUND FLOOR REQUIREMENTS:
(1) Many homes in special flood hazard areas are built-up or are elevated. In elevated homes the ground
floor typically lies below the base flood elevation and the first floor is elevated on piers, columns, posts,
or piles. The base flood elevation is the highest level at which a flood is likely to occur as shown on flood
insurance rate maps.
(2) Federal, state, county, and city regulations:
(a) restrict the use and construction of any ground floor enclosures in elevated homes that are in special
flood hazard areas.
(b) may prohibit or restrict the remodeling, rebuilding, and redevelopment of property and improvements
in the floodway.
(3) The first floor of all homes must now be built above the base flood elevation.
(a) Older homes may have been built in compliance with applicable regulations at the time of
construction and may have first floors that lie below the base flood elevation, but flood insurance
rates for such homes may be significant.
(TXR 1414) 10-19-2021 Page 1 of 3
Dee Richard Real Estate.2530 Laurel Avenue Beaumont TX 77702 Phone µ09)839-4580 Fax (409)839-4395 City of Port Arthur
Delores Richard Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St.Suite 2200.Dallas.TX 75201 www.Iwolf.con
[gig]
DocuSign Envelope ID:284B1 C1 E-62E7-497E-9AAF-A4E7984D0FB0
Authentlslgn ID:218C8460-8104-44FF-A7EB-957C8874FD53
937 Grannie Ave
Information about Special Flood Hazard Areas concerning Port Arthur,Tx 77640
(b) It is possible that modifications were made to a ground floor enclosure after a home was first built.
The modifications may or may not comply with applicable regulations and may or may not affect
flood insurance rates.
(c) It is important for a buyer to determine if the first floor of a home is elevated at or above the base
flood elevation. It is also important for a buyer to determine if the property lies in a floodway.
(4) Ground floor enclosures that lie below the base flood elevation may be used only for: (i) parking; (ii)
storage; and (iii) building access. Plumbing, mechanical, or electrical items in ground floor enclosures
that lie below the base flood elevation may be prohibited or restricted and may not be eligible for flood
insurance coverage. Additionally:
(a) in A-Zones, the ground floor enclosures below the base flood elevation must have flow-through vents
or openings that permit the automatic entry and exit of floodwaters:
(b) in V-Zones, the ground floor enclosures must have break-away walls, screening, or lattice walls; and
(c) in floodways, the remodeling or reconstruction of any improvements may be prohibited or otherwise
restricted.
D. COMPLIANCE:
(1) The above-referenced property may or may not comply with regulations affecting ground floor
enclosures below the base flood elevation.
(2) A property owner's eligibility to purchase or maintain flood insurance, as well as the cost of the flood
insurance, is dependent on whether the property complies with the regulations affecting ground floor
enclosures.
(3) A purchaser or property owner may be required to remove or modify a ground floor enclosure that is not
in compliance with city or county building requirements or is not entitled to an exemption from such
requirements.
(4) A flood insurance policy maintained by the current property owner does not mean that the property is in
compliance with the regulations affecting ground floor enclosures or that the buyer will be able to
continue to maintain flood insurance at the same rate.
(5) Insurance carriers calculate the cost of flood insurance using a rate that is based on the elevation of the
lowest floor.
(a) If the ground floor lies below the base flood elevation and does not meet federal, state, county, and
city requirements, the ground floor will be the lowest floor for the purpose of computing the rate.
(b) If the property is in compliance, the first elevated floor will be the lowest floor and the insurance rate
will be significantly less than the rate for a property that is not in compliance.
(c) If the property lies in a V-Zone the flood insurance rate will be impacted if a ground floor enclosure
below the base flood elevation exceeds 299 square feet (even if constructed with break-away walls).
(TXR 1414) 10-19-2021 Page 2 of 3
Dee Richard Real Estate.2630 Laurel Avenue Beaumont TX 77702 Phone(409)836-4580 Fax(409)839-4395 City of Port Arthur
Delores Richard Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St.Suite 2200,Dallas.TX 75201 www.lwolf.com
[N21
DocuSign Envelope ID:284B1C1E-62E7-497E-9AAF-A4E7984D0FB0
Autttentisign ID:218C8460-1310444FF-A7E8-957C8874FO53
937 Grannis Ave
Information about Special Flood Hazard Areas concerning Port Arthur, Tx 77640
E. ELEVATION CERTIFICATE:
The elevation certificate is an important tool in determining flood insurance rates. it is used to provide
elevation information that is necessary to ensure compliance with floodplain management laws. To
determine the proper insurance premium rate, insurers rely on an elevation certificate to certify building
elevations at an acceptable level above flood map levels. If available in your area, it is recommended that
you obtain an elevation certificate for the property as soon as possible to accurately determine future flood
insurance rates.
You are encouraged to: (1) inspect the property for all purposes, including compliance with any ground
floor enclosure requirement; (2) review the flood insurance policy (costs and coverage) with your
insurance agent; and (3) contact the building permitting authority if you have any questions about
building requirements or compliance issues.
Receipt acknowledged by:
CAuthentislcu
ltl J 05/02/202440.1
5/2/2024 10:33:34 PM GMT 5-(33'a,)ay
Signature Date Signature Date
(TXR 1414) 10-19-2021 Page 3 of 3
Dee Richard Real Estate.2630 Laurel Avenue Beaumont TX 77702 Phone:{409)839-4580 Fax 1409)839-4395 City of Port Arthur
Delores Richard Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St.Suite 2200,Dallas.TX 7520' www Iwolf.cor
EXHIBIT "B"
(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 , 2024
Agr
Grantor: City of Port Arthur Air
/.. ' 'r,
Mailing Address (including county): •,,,1.,
4, :,":
444 4 Street '" `;.,..
Port Arthur, Texas 77641-1089 '
(Jefferson County)
Grantee: KCK Investments,LLC rr%l� j '` >-
Grantee's Mailing Address (including county)::, - .r
3109 8th Street . ''',''fF::,, ` %'>
(JeffersoPort n County)r, Texas 77642 t` .� "'�
Consideration "0,r f ',;
:el'' $10.00 and other good and val ,cefusideration.
`' i t 2,.
Property(including any irovements):
TR 3-A REPLAT OF ETS 3&4 RES 15 RESV, AS SAME AS IT APPEARS IN THE
MAP OR PLAT IN JEFFERSON COUNTY, TEXAS
(PROPERTY ID: 95551) (GEOGRAPHIC ID: 055020-000-025800-00000)
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
2024 by Ronald Burton, City Manager of the City of Port Arthur, Texas.
Notary Public, State of Texas
2