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HomeMy WebLinkAboutPO 6066: SPECIAL WARRANTY DEED (TDHCA)Interoffice .MEMORANDUM To: Mayor, City Council, and City Manager V" From: Valecia R. Tizeno, Acting City Attorney U `/J~" Date: February 19, 2010 Subject: P. O. No. 6066; Council Meeting February 23, 2010 Attached is P. O. No. 6066 authorizing a Special Warranty Deed for conveyance of property to low and moderate income. residents of the City who are participating in the Hurricane Rita Housing Reconstruction Program through the Texas Department of Housing & Community Affairs (TDHCA). VRT:gt Attachment s.po6066_memo P. O. No. 60b6 02/19/2010 gt ORDINANCE N0. AN ORDINANCE AIITHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO LOW AND MODERATE INCOME RESIDENTS OF THE CITY WHO ARE PARTICIPATING IN THE HIIRRICANE RITA HOIISING RECONSTRIICTION PROGRAM THROIIGH THE TEAS DEPARTMENT OF HOIISING 6 COMMIINITY AFFAIRS (TDHCA) 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 publio purpose; and WHEREAS, the City Council wishes to convey two vacant lots to low and moderate income residents of the City of Port Arthur; and WHEREAS, Jefferson County through a Texas Department of Housing Community Affairs (TDHCA) HOME Disaster Relief Grant is providing the homes at their cost and at no cost to the residents; and WHEREAS, this conveyance is hereby authorized and shall be subject to the following conditions: 1. The sale price for the lots shall be Ten (10) Dollars. 2. Jefferson County has identified three low and moderate income residents and shall provide new construction of a homes to Frank Morgan at 1000 18t° Street, Ronnie Mickens at 3002 10`hStreet, and Lucille S. Mayfield at 1109 17th Street. 3. Should the home or homes not be constructed by December 31, 2010, the property shall revert back to the City. NOW, THEREFORE, BS IT ORDAINED HY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: 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 real property, as listed in Exhibit "A", in a Special Warranty Deed to Frank Morgan, as listed. in Exhibit "B", in a Special Warrahty Deed to Ronnie Mickens, and as listed in Exhibit."C", in a Special Warranty Deed to Lucille S. Mayfield. SECTION 3. That the Texas Department. of Housing & Community Affairs (TDHCA) must sign. the resolution agreeing to the terms thereof. for housing to be built under their program. SECTION 4. That Frank Morgan agrees by signing this Ordinance that if the unit at 1000 18th Street is not constructed by December 31, 2.010,. he will convey the property back to the City of Port Arthur. SECTION 5. That Ronnie.Mickens agrees by signing this Ordinance that if the unit at 3002 10th Street is not constructed by December 31, 2010, he will convey the property back to the City of Port Arthur. SECTION 6. That Lucille S. Mayfield agrees by signing, this Ordinance that if the unit at 1109 17th Street is not constructed by December 31, 2010, she will convey the property back to the City of Port Arthur. SECTION 7. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AHD APPROVED on this day of _ _ A.D., 2.010, at the. Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote.: AYES: Mayor City Council NOES: MAYOR ATTEST: CITY SECRETARY AP ~ D OR FORM: ACTING CITY TORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER AGREED TO: TE%AS DEPARTMENT OF ROIISING & COMMIINITY AFFAIRS BY: PRINTED NAME: TITLE: AGREED TO: FRANK MORGAN . BY: PRINTED NAME: Frank Morgan TITLE: Homeowner AGREED TO: LIICILLE 3. HAYFIELD BY: PRINTED .NAME: Lucille S. Mayfield TITLE: Homeowner AGREED TO: RONNIB MICRENS BY: PRINTED NAME: Ronnie Mickens TITLE: Home owner BY: EXFiL~IT ®`A®® SPECIAL WARRANTY DEED Date: 2010 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77640 Grantee: Frank Morgan Grantee's Mailing Address (including County): Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration. and under the terms as denoted in Ordinance No. 10-_ 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 Frank Morgan. PROPERTY (including any improvement): The north or front 85.75 feet of Lot 6, Block 427, City of Port Arthur, Jefferson County, Texas,. according to the map or plat thereof recorded in Volume 1, Page 50, of the Map Records of Jefferson County, Texas (Locally known as 1000 18Th Street). RESERVATIONS FROM AND EBCEPTION3 TO CONVSYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of-way, restrictions., covenants, rights of reversion and conditions as denoted Ordinance No. 10- 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 other 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 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. 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., 2010. GRANTOR, CITY OF PORT ARTHIIR BY: Steve Fitzgibbons, City Manager APPROVED TO AS TO FORM: ACTING CITY ATTORNEY ATTEST: CITY SECRETARY ACRNOWLSDGEMENT STATE OF TEBAS § COIINTY OF JEFFERSON § BEFORE ME, TBE IINDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, 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 IINDER MY HAND AND SEAL OF OFFICE, this the day of 2010. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of 2010. GRANTEE: BY: FRANK MORGAN ACKNOWLEDGEMENT STATE OF TEBAS § COIINTY OF JEFFERSON § BEFORB MB, THE IINDERSIGNSD Notary Public, on this day personally appeared Frank Morgan, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN IINDER MY HAND AND SEAL OF OFFICE, this the day of 2010. Notary Public, State of Texas Return to: Original to Grantee: Frank Morgan Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur -Legal Dept. P. O. Sox 1089 Port Arthur, TS 77640-1089 ~°;X~~~Z,' va~so SPECIAL WARRANTY DEED Date: , 2010 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, TX 77640 Jefferson County, Texas Grantee: Ronnie Mickens Grantee's Mailing Address (including County): Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration as denoted in Ordinance No. 10-_ 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 Ronnie Mickens. PROPERTY (including any improvement): LOT NUMBER NINE (9), IN BLOCK NUMBER FIVE HUNDRED SIXTY-TWO (562), OF MODEL ADDITION 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 VOLUME 3 PAGE 199 MAP RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 3002 10'" STREET). 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. 10-_ and all exceptions reservations, and conveyances. of minerals and/ orroyalties 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 other 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 singularthe 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, againstevery 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., 2010. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons, City Manager APPROVED TO AS TO FORM: ACTING CITY ATTORNEY ATTEST: CITY SECRETARY ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, 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, this the _ day of , 2010.. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2010. GRANTEE: BY: RONNIE MICKENS ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Ronnie Mickens, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2010. Notary Public, State of Texas Return to: Original to Grantee: Ronnie Mickens Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Legal Dept. P. O. box 1089 Port Arthur, TX 77840-1089 SPECIAL WARRANTY DEED Date: , 2010 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, TX 77640 Jefferson County, Texas Grantee: Lucille S. Mayfield Grantee's Mailing Address (including County): Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and. in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration as denoted in Ordinance No. 10- 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 Lucille S. Mayfield. PROPERTY (including any improvement): LOT NUMBER EIGHT (8), BLOCK NUMBER FOUR HUNDRED TWENTY (420), TO THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 50, MAP RECORDS, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 1109 17T" STREET). 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. 10-_ 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 other 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 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 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 orwritten, 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., 2010. APPROVED TO AS TO FORM: ay: GRANTOR, CITY OF PORT ARTHUR Steve Fitzgibbons; City Manager ACTING CITY ATTORNEY ATTEST: CITY SECRETARY STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGEMENT BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, 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, this the. _ day of , 2010. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the _ day of , 2010. GRANTEE: BY: LUCILLE S. HAYFIELD ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this. day personally appeared Lucille S. Mayfield, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of , 2010. Notary Public, State of Texas Return to: Original to Grantee: Lucille S. Mayfield Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Legal Dept. P. O. box 1089 Port Arthur, TX 77640-1089