HomeMy WebLinkAboutPO 7341: CONVEYANCE OF A CITY OWNED VACANT TRACT OF LAND City of = 1
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: June 12, 2025
To: City Manager
Mayor and City Council
From: Beverly A. Freeman, Manager of Housing&Neighborhood Revitalization Division
RE: P.O. 7341
Nature of the request:
The Housing & Neighborhood Revitalization Division recommends the City Council adopt P.O. No. 7341,
authorizing the conveyance of a City owned vacant tract of land located at 730 Roosevelt Avenue (Lot 8, Block
29,Brice Addition of the City of Port Arthur)to Cheryl Burbano,a qualified participant in the City of Port Arthur
Side Lot Disposition Program.
Staff Analysis/Considerations:
The purpose of the City of Port Arthur Side Lot Disposition Program is to make conforming or nonconforming
properties available for conveyance to property physically contiguous to adjacent owner-occupied residential
property in efforts to expand neighborhood revitalization.
Recommendation:
The Housing & Neighborhood Revitalization Division recommends the City Council adopt P.O. No. 7341,
authorizing the conveyance of said City owned vacant tract of land located at 730 Roosevelt Avenue(Lot 8,Block
29,Brice Addition of the City of Port Arthur)to Cheryl Burbano,a qualified participant in the City of Port Arthur
Side Lot Disposition Program.
Budget Consideration: N/A
P07341
P.O. No . 7341
6/12/25 BF/KR
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR
THE CONVEYANCE OF A CITY OWNED VACANT TRACT OF LAND TO
AN ELIGIBLE HOMEOWNER PARTICIPATING IN THE CITY OF PORT
ARTHUR SIDE LOT DISPOSITION 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 City Council wishes to convey a City owned vacant lot
located at 730 Roosevelt Avenue (Lot 8, Block 29, Brice Addition of the City
of Port Arthur) , to Cheryl Burbano in furtherance of the participation of
the City' s Side Lot Program; and
WHEREAS, the City of Port Arthur adopted a Side Lot Disposition Program,
making conforming and non-conforming properties available for conveyance to
property physically contiguous to adjacent owner-occupied residential
property in efforts to expand neighborhood revitalization; and
WHEREAS, a copy of the requirements specific to the Side Lot Disposition
Program are attached hereto as Exhibit "A"; and
WHEREAS, the conveyance of these lots will promote public purpose, which
includes, but is not limited to putting vacant property back on the tax roll,
maintaining the revitalization of City neighborhoods; and
WHEREAS, the City Council herein authorizes the City Manager to convey
the property located at 730 Roosevelt Avenue (Lot 8, Block 29, Brice Addition
of the City of Port Arthur) , in substantially the same form as listed in
attached Exhibit "B" Special Warranty Deed to Cheryl Burbano.
P 0 7341
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 Council herein authorizes the City Manager
to convey the vacant tract of land located at 730 Roosevelt Avenue (Lot 8 ,
Block 29, Brice Addition, City of Port Arthur) in substantially the same
form as listed in the attached Exhibit "B" in a Special Warranty Deed to
Cheryl Burbano.
SECTION 3 . That, this conveyance is hereby authorized and shall be
subject to the following conditions :
1 . The sale price for the lot shall be Ten and no/100 ($10 . 00)
Dollars .
2 . The property shall be physically contiguous to adjacent owner
occupied residential property with not less than 75% common
boundary line on one side (left or right) .
3 . All transferees must hold title on the contiguous property,
must not own any property that has delinquent taxes, must
not be previous owner of real property being conveyed, must
not own any real property that is subject to un-remediated
citation of violation of the state and local codes and
ordinances .
4 . Should a replat not be performed by October 6, 2025, the
property shall revert back to the City.
5 .
SECTION 4 . That, Cheryl Burbano agrees by signing this Ordinance to
accept the City owned properties located at: 730 Roosevelt Avenue (Lot 8,
Block 29, Brice Addition, City of Port Arthur) .
SECTION 5 . That, if for any reason, the eligible applicant does not
replat the conveyed property within 90 days after conveyance, the City shall
have a right to void the transfer and take any improvements on the lot .
SECTION 6 . That, a copy of the caption of this Ordinance be spread
upon the Minutes of the City Council .
P07341
READ, ADOPTED AND APPROVED on this day of , A.D. ,
2025, at the Regular Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote: AYES :
Mayor:
Council Members:
NOES :
CHARLOTTE MOSES, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
AGREED TO:
APPROVED AS RIB:
�/ Printed Name: CHERYL BURBANO
ROXANN PAIS COTRONEO, CITY ATTORNEY
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(-13APPROVED FO' • I` IS' RATION: 11.0 O'\P"
BEVERLY FREE , MANAGER OF HOUSING
aVIAPV.
& NEIGHBORH D REVITALIZATION
RON BURTON, CP , `r TY MANAGER
P07341
EXHIBIT "A"
P07341
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Texas
HOUSING & NEIGHBORHOOD REVITALIZATION
City of Port Arthur--Side Lot Disposition Program
Side Lot Disposition Policies
Parcels of property eligible for inclusion in the Side Lot Disposition Program shall meet the following minimum criteria:
• The property shall be vacant unimproved real property.
• The property shall be physically contiguous to adjacent occupied (owner) residential property with not less than a
75% common boundary line on one side (left or right).
• Initial priority shall be given to the disposition of non-conforming properties.
• Conforming properties of sufficient size or non-confirming properties of insufficient size may also be conveyed as
side lots. No more than one lot may be transferred per contiguous lot.
• Intended use for lot is disclosed.
• The transfer shall include a deed restriction requiring the use of the property to be consistent with the stated use
and City of Port Arthur.
Transferees
• All transferees must hold title on the contiguous property. Priority is given to Transferees who personally occupy
the contiguous property.
• The transferee must not own any real property (including both the contiguous lot and all other property within the
county) that is subject to any un-remediated citation of violation of the state and local codes and ordinances.
• The transferee must not own any real property(including both the contiguous lot and all other property in the county)
that is tax delinquent.
• The transferee must not have been the prior owner of any real property that was transferred to the Tax Collector or
to a local government as a result of tax foreclosure proceedings.
Pricing
The parcels of property will be transferred at costs. Costs may be waived at the discretion of the Director. Obtaining Title
Insurance will be the responsibility of the property owner.
Side Lot Disposition Procedures
The prospective buyer must submit the following documents to the Land Bank Office and provide verification of income:
• List of property address(es)
• Project Description - property use must be consistent with current zoning requirements
• Picture Identification
• Evidence of compliance with all Side Lot Disposition Policies
P 0 7341
EXHIBIT "B"
P 0 7341
SPECIAL WARRANTY DEED
Date: , 2025
Grantor: City of Port Arthur, Texas
Grantor' s Mailing Address (including County) :
P. 0. Box 1089,
Port Arthur, Texas,
Jefferson County, Texas 77641
Grantee: Cheryl Burbano
Grantee' s Mailing Address (including County) :
734 Roosevelt Avenue
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 of this good and valuable consideration and under the terms as denoted
in Ordinance No. 25- 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 Cheryl Burbano.
PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT 8, BLOCK 29 BRICE ADDITION OF THE
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 730 ROOSELVELT AVENUE) .
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.
25- , which requires the use of the property to be consistent with the
stated use and Neighborhood Stabilization Program requirements, 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 of
this 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
P07341
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 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 guaranties 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. , 2025 .
GRANTOR,
CITY OF PORT ARTHUR
BY:
RON BURTON, CPM,
CITY MANAGER
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED AS TO FORM:
ROXANN PAIS COTRONEO,
CITY ATTORNEY
P 0 7341
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared , 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, the day
of , 2025 .
Notary Public, State of Texas
AGREED TO AND ACCEPTED ON the day of , 2025 .
GRANTEE :
BY:
Cheryl Burbano
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Cheryl Burbano, known to me to be the person whose name is
subscribed to the foregoing instrument .
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of
, 2025 .
Notary Public, State of Texas
Return Original : Cheryl Burbano
734 Roosevelt Avenue
Port Arthur, Texas 77640
Return Copy: City of Port Arthur
Attn: Beverly Freeman
P.O. Box 1089
Port Arthur, Texas 77640
P 0 7341