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Home My WebLink AboutPO 7430: AUTHORIZING THE CONVEYANCE OF A CITY¬OWNED VACANT SUBSTANDARD LOT TO KEITH CARTER P.O. No. 7430 05/21/26 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A CITY- OWNED VACANT SUBSTANDARD LOT TO KEITH CARTER, A DISABLED VETERAN, FOR THE PURPOSE OF CONSTRUCTING AN AFFORDABLE OWNER-OCCUPIED RESIDENTIAL HOME; FINDING THAT SUCH CONVEYANCE SERVES A PUBLIC PURPOSE; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED FOR THE CONVEYANCE WHEREAS, pursuant to Section 272.001(g) of the Texas Local Government Code, a political subdivision is authorized to acquire or assemble real property interests and convey such property for the development of low-income or moderate-income housing and to establish the terms and conditions of such conveyance in a manner that effectuates and maintains a valid public purpose; and WHEREAS,Mr.Keith Carter,a disabled veteran,owns a vacant tract of land identified as PID No. 105277, located in the El Vista area near the 5800 block of Texas Avenue and legally described as Lot 10, Block 4, Sunnyland Addition; and WHEREAS,the City of Port Arthur owns the adjacent vacant undersized lot identified as PID No. 105278 and legally described as the South 35 feet of Lot 11,Block 4,Sunnyland Addition, as depicted in Exhibit"A"; and WHEREAS,Mr.Carter has requested that the City convey the city-owned tract to allow the replatting of the two lots into a single lot for the purpose of constructing an affordable owner- occupied residential housing; and WHEREAS, the proposed conveyance for the development and construction of owner- occupied housing for a disabled veteran is deemed a valid public purpose by promoting safe and accessible housing, supporting persons with disabilities, eliminating vacant and underutilized property, and advancing the public health, safety, and welfare of the City and its residents; and WHEREAS,the conveyance will also benefit the City by improving residential housing, putting a substandard vacant property back into productive use, increasing the tax base, and supporting a veteran with a service-connected disability; and WHEREAS, the City Council deems it appropriate and finds that such conveyance will provide housing for a disabled veteran household and therefore promote affordable housing opportunities within the City. 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 finds that, pursuant to Section 272.001(g) of the Texas Local Government Code, a political subdivision may acquire or assemble land or interests in real property, other than by condemnation, and may sell, exchange, or otherwise convey such land or interests to an entity for the development of low-income or moderate-income housing, and may establish the terms and conditions of such conveyance as necessary to effectuate and maintain the public purpose. P.O. No. 7430 05/21/26 ht Section 3.That,where such conveyance serves a public purpose,the land may be conveyed for less than its fair market value, and "entity" means an individual, corporation, partnership, or other legal entity. Section 4.That the City Council hereby finds and determines that the conveyance herein is authorized under Section 272.001(g)of the Texas Local Government Code,promotes the productive use of underutilized property, supports housing opportunities for qualifying households within the City and serves a valid public purpose. Section 5. That the City Council hereby authorizes the City Manager to execute a Special Warranty Deed,in substantially the same form as Exhibit"B",conveying the lot to Mr.Keith Carter. Section 6. That the conveyance is hereby authorized, subject to the following terms and conditions: 1. The purchase price for the property shall be Ten and No/100 Dollars ($10.00). 2. That upon conveyance of the lot, Mr. Carter shall be required to replat the lot to ensure compliance with all applicable subdivision and zoning requirements. 3. Mr.Keith Carter shall construct a new affordable single-family residential home on property in accordance with the development plan approved by the City. 4. Construction of the home shall be substantially completed within two(2)year of the date the lot is conveyed.If construction is not substantially completed on a particular tract within that time, ownership of that tract shall revert to the City. Section 7. That in the event Mr. Keith Carter fails to commence and/or complete construction within the required period,or abandons construction after commencement,the property shall revert back to the City and Mr. Carter shall execute any documents necessary to reconvey the property to the City. Section 8. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED on this day of ,A.D.,2026,at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: CITY OF PORT ARTHUR: Charlotte M. Moses, Mayor P.O. No. 7430 05/21/26 ht ATTEST: Christe Whitley Ned, TRMC City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, JD City Attorney APPROV FOR ADMINISTRATION: Ronald Burt , PM City M er P.O. No. 7430 05/21/26 ht EXHIBIT "A" (Aerial View) r 3' ti R A -0 t A ,a- / {t` N #105278 * •.4..,:;.:7)--:''-''':: ;CITY) ��105277 n ,- (CARTER ) . ,,, ..„ , ''',f , , ,,„, , ,,;,„ 4 0 ' 'bed . :b Oar uP '.11 ,� g y "3k. S .. x R F pa, P.O. No. 7430 05/21/26 ht EXHIBIT "B" (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: ,2026 Grantor: City of Port Arthur, Texas, a municipal corporation Mailing Address (including county): 444 4th Street Port Arthur, Texas 77641-1089 (Jefferson County) Grantee: Keith Carter Grantee's Mailing Address (including county): 3500 Turtle Creek Drive Apt#1003 Port Arthur,Texas 77642 (Jefferson County) Consideration: TEN AND NO/100 DOLLARS ($10.00)and other valuable consideration. Property(including any improvements): The South Thirty-five feet of Lot Number Eleven (S. 35' of 11) in Block Number Four (4), SUNNYLAND ADDITION, an addition near the City of Port Arthur, Jefferson County, Texas, according to the map or plat of said subdivision on file and of record in the Map/Plat Records in the office of the County Clerk of Jefferson County,Texas, at Beaumont. Reservations from and Exceptions to Conveyance and Warranty: The Property is conveyed subject to the following conditions: Grantee must replat the lot to ensure compliance with all applicable subdivision and zoning requirements. Grantee must substantially complete construction of a single-family residential home on the property within two (2) years from the date of this Deed and continue construction in a timely manner until completion. If Grantee fails to begin construction within the required two (2) year period, or abandons construction after it has begun, Grantor may declare the property reverted back to Grantor. In such event, Grantee shall execute any documents necessary to transfer title back to Grantor. This condition is included to ensure the property is used for the public purpose for which it was conveyed, and Grantor retains a reversionary interest in the Property for that purpose. 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 By: Ronald Burton, CPM City Manager 2 ACCEPTED AND APPROVED: GRANTEE: By: Keith Carter ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on day of 2026 by Ronald Burton, CPM, City Manager of the City of Port Arthur, Texas. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on day of 2026 by Keith Carter. 3