HomeMy WebLinkAboutP.O. 6069: AMENDING ORD 10-11 AND AUTHORIZING SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO LOW AND MODERATE INCOME RESIDENTS PARTICIPATING IN THE HURRICANE RITA HOUSING RECONSTRUCTION PROGRAM THROUGH TDHCAMEMORANDUM
To: Mayor, City Council, and City Manager
From: Valecia R. Tizeno, Acting City Attorney
Date: March 17, 2010
Subject: P. O. No. 6069; Council Meeting March 23, 2010
Attached is P. O. No. 6069 amending Ordinance 10-11
and authorizing a Special Warranty Deed for conveyance of
property to low and moderate income residents of the City
who are participating in ithe Hurricane Rita Housing
Reconstruction Program through the Texas Department of
Housing & Community Affairs (TDHCA).
VRT:gt
Attachment
s.po6069 memo
P. O. No. 6069
03/17/2010 gt
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 10-11 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)
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 ~>rovided that the conveyance serves a public
purpose in ghat the existing lots of` the persons included herein were
found unsuitable for construction under local ordinance; and
WHEREAS, the City Council wishes to convey three vacant lots to
low and modE~rate income residents of: the City of Port Arthur in
furtherance of disaster recovery; and
WHEREAS, Texas Department of Housing & Community Affairs (TDHCA)
CDBG Disaster Recovery Program is providing the homes under a program
utilizing fE~deral funds awarded to t:he State of Texas to assist persons
whose homes were damaged by Hurricane Rita and the homes shall be
reconstructE~d at no cost to the residents; and
WHEREAS, the transfer of these lots will promote the public
purposes of maintaining high quality safe housing and returning persons
displaced b;,r Hurricane Rita to permanent housing; 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 hats identified three low and
moderate income res:idents and shall provide new
construction of a homes to Frank Morgan at 1000
18th Street, Ronnie Mickens at 3002 10th Street,
and Lucille S. Mayfield at 1109 17th Street.
3. Should the home or ]homes not be constructed by
December 31, 2010, ithe property shall revert
back to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 amends Ordinance 10-11 and
herein authorizes the City Manager t.o convey the real property in
substantially the same form as listed in Exhibit "A", in a Special
Warranty Deed to Frank Morgan, as listed in Exhibit "B", in a Special
Warranty Deed to Ronnie Mickens, and as listed in Exhibit "C", in a
Special Warranty Deed to Lucille S. Mayfield.
SECTION 3.
If for any reason, TDHCA does not agree to construct
homes under the disaster recovery program on any of the lots so
transferx°ed, and require that, whiles living, the transferees maintain
at. least three years of consecutive residency from the time of the
completion of the dwellings built on these lots, the city shall have a
right to void the transfer and take any improvements on the lots.
SECTION 4. That Frank Morgan 2igrees by signing this Ordinance
that if t:he unit at 1000 18th Street is not constructed by December 31,
2010, he wi]_1 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 wi]_1 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 AND APPROVED on this day of A.D.,
2010, at they 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
APP V D F R FORM:
CITY AT. RNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
FRANK MORGAN
BY:
PRINTED NAME;: Frank Morgan
TITLE: Homec>wner
AGREED TO:
LUCILLE S. HAYFIELD
BY:
AGREED TO:
RONNIE MICKENS
BY:
PRINTED NAME: Ronnie Mickens
TITLE: Home owner
PRINTED NAME;: Lucille S. Mayfield
TITLE: Homeowner
EXHIBIT "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. 10-11 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 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
Ordinance No. 10-11 and all exceptions reservations, and conveyances of
minerals and./ or royalties oil and gas and/ or mineral leases,
affecting th.e 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, Gra.ntee'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 they 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 reservat:ions from and exceptions to conveyance and
warranty, when the claim is by, through, or under Grantor, but not
otherwise.
Grantee acknowledges that: Grantor ha.s not made and does not make any
represent:ati.ons as to the physical condition of the property, or any
other matteY• affecting or. related to the property (other than
warranties c>f title, as provided andl limited herein). As a material
part of t:he consideration for this deed, Grantee expressly agrees that
to the maximum extent permitted by law, the property is conveyed "as
is" and `"wit.h 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
profitabi.lit.y, suitability, or fitness for a particular purpose of the
property. Grantee acknowledges and stipulates that Grantee is not
relying on a.ny 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:
CITY ATTORNEY
ATTEST:
CITY SECRETARY
ACKNOWLEDGEMENT
STATE OF TEXAS §
COl7NTY 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
GRANTEE:
BY:
FRANK MORGAN
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
2010.
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally
appeared Frank Morgan, known to me to be the person whose name is
subscribed t.o 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:
Frank Morgan
Port Arthur, Texas 77640
Copy to Grantor: City of Port Arthur
Legal Dept.
P. O. Box 1089
Port Arthur, TX 77640-1089
EXHIBIT "B"
SPECIAL WARRANTY DEED
Date: - _ 2010
Grantor: City Of Port Ax-thur, Texa~~
Grantor's Mailing Address (including County):
F'. O. Box 1089,
Fort Arthur, TX 77640
J"efferson County, Texas
Grantee: Ronnie Mickens
Grantee's Mailing Address (including County):
408 E. 18th Street
Fort Arthur, Texas 77640
J"efferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas,
Steve Fit:zgi.bbons, for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration as
denoted i.n Ordinance No. 10-11 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 FINE 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 THER'.EOF, ON FILE AND OF RECORD IN VOLUME 3 PAGE 199 MAP RECORDS
OF JEFFERSONf COUNTY, TEXAS (LOCALLY KNOWN AS 3002 10TH STREET).
RESERVATIONS' FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This
conveyance is made expressly subject to all easements, rights-of-way,
restricti.ons,, covenants, rights of reversion and conditions as denoted
in Ordinance: No. 10-11 and all exceptions reservations, and conveyances
of minerals and/ or royalties oil anal 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, Gra.ntee'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 reservat:ions from and exceptions to conveyance and
warranty, when the claim is by, thrc>ugh, 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 tc> 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 maxin-um extent permitted by l.aw, the property is conveyed "as
is" and "with all faults'", and Grantor expressly disclaims, and
Grantee ackr.~owledges and accepts that Grantor has disclaims, any and
all represer.~tations, warranties, or guaranties of any kind, oral or
written, express or implied (except as to title, as herein provided and
limited) cor.~cerning 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
APPROVED TO AS TO FORM:
CITY ATTORNEY
ATTEST:
GRANTOR,
CITY OF PORT ARTHIIR
A.D., 2010.
Steve Fitzgibbons, City Manager
$Y=
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 pez•son 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.
2010.
GIVEN UNDER MY HAND AND SEAL OF' OFFICE, this the _ day of ,
Notary Public, State of Texas
AGREED TO AND ACCEPTED ON this the day of
2010.
GRANTEE:
BY:
R.ONNIE 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.
2010.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of ,
Notary Public, State of Texas
Return to: Original to Grantee: Ronnie Mickens
408 E. 18th Street
Fort Arthur, Texas 77640
Copy to Grantor:
City of Port Arthur
Legal Dept.
F. O. Box 1089
Port Arthur, TX 77640-1089
EXHIBIT "C"
SPECIAL WARRANTY DEED
Date:
2010
Grantor: City Of Port Arthur, Texas;
Grantor's Mailing Address (including County):
F~. O. Box 1089,
Fort Arthur, TX 77640
Jefferson County, Texas
Grantee: Lucille S. Mayfield
Grantee's Mailing Address (including County):
Fort Arthur, Texas 77640
J"efferson County
CONSIDERATION: That the City Manager of the City of Port Arthur, Texas,
Steve Fit:zgi.bbons, 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. 10-11 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
17~rH STREET) ..
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This
conveyance is made expressly subject to all easements, rights-of-way,
restricti.ons., covenants, rights of reversion and conditions as denoted
in Ordinance: No. 10-11 and all exceptions reservations, and conveyances
of minerals and/ or royalties oil anal gas and/ or mineral leases,
affecting th.e 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 mat:ter affecting ox- 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 maxin-um extent permitted by l.aw, 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
profitabi.lit.y, 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
GRANTOR,
CITY OF PORT ARTHIIR
By:
A.D., 2010.
Steve Fitzgibbons, City Manager
APPROVED TO AS TO FORM:
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
GRANTEE:
BY:
2010.
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 ta: Original to Grantee: Lucille S. Mayfield
Copy to Grantor:
Port Arthur, Texas 77640
City of Port Arthur
Legal Dept.
P. O. Box 1089
Port Arthur, TX 77640-1089
