HomeMy WebLinkAboutPO 6072: SPECIAL WARRANTY DEED
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MEMORANDUM
_ I, _
To: Mayor, City Council, and City Manager
From:. Valecia R. Tizeno,~ City Attorney
Date.: March.23, 2010
Subject: P. O. No. 6072; Council Meeting April 6, 2010.
Attached is P. .O. No. 6072 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)
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Attachment
s.po6072 memo
P. O. No. 6072
03/23/2010 gt
ORDINANCE NO.
AN ORDINANCE AII_THORIZING A SPECIAL WARRANTY DEED
FOR CONVEYANCE OF PROPERTY TO LOW AND MODERATE
INCOME RESIDENTS OF THE CITY WHO ARE PARTICIPATING
IN THE HIIRRICANE RITA HOUSING RECONSTRIICTION
PROGRAM THROIIGH THE TEXAS DEPARTMENT OF HOIISING ~
COMMIINITY AFFAIRS (TDHCA) .
WHEREAS, Section 272.001(8) 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 in that the existing lots of the persons included herein were
found unsuitable for construction under local-ordinance; and.
WHEREAS, the City Council wishes to convey two vacant lots to low
and moderate 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 federal funds awarded to the State of Texas to assist persons
whose homes were damaged by Hurricane Rita and the homes shall be
reconstructed 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 by 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 and
no/100 ($10.00) Dollars.
s
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2. Jefferson County has identified two low and
moderate income residents and shall provide new
construction of a homes to Earline Thomas at 620
W. 19th and Linda Simpson at 826 DeWalt Avenue.
3. Should the home or homes not be constructed by
December 31, 2010, the property shall revert
back to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF
PORT ARTHDR:
SECTION 1. That the facts and opinions in the preamble are true
and correct.
3ECTION 2. That the City Council herein authorizes the City
Manager to convey the real property in substantially the same form as
listed in Exhibit "A", in a Special Warranty Deed to Earline Thomas,
and as listed in Exhibit "B", in ,a Special Warranty Deed to Linda
Simpson.
SECTION 3. If for. any reason, TDHCA does not agree to construct
homes under the disaster recovery program on any of the lots so
transferred, and require that, while 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 Earline Thomas agrees by signing this Ordinance
that if the unit at 620 W. 19th Street is not. constructed by December
31, 2010, she will convey the property back to the City of Port Arthur.
SECTION 5. That Linda Simpson agrees by signing this Ordinance
that if the unit at 626 Dewalt Avenue is not constructed. by December
31, 2010, she will' convey the property back to the City of Port Arthur.
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SECTION 6. That a copy of
upon the Minutes of the City Co
READ, ADOPTED AND APPROVED
2010, at the Regular Meeting of
Arthur, Texas, by the following
Mayor
City Council
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED FOR-FORM: `
~gti ~
CITY AT ORNE~
APPROVED FOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
BARLINE THOMAS
BY:
PRINTED NAME: Earline Thomas
TITLE: Homeowner
e
the caption of this Ordinance be spread
incil.
on this day of A.D.,
the-City Council: of the City of Port
vote: AYES:
AGREED TO:
LINDA SIMPSON
BY:
PRINTED NAME: Linda Simpson
TITLE: Home owner
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~EXI~I~IT ®`~i'®
,A
t p
i
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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: Sarline Thomas
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.Giantee 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 Earline Thomas.
PROPERTY (including any improvement): Lot 3, Block.22, Port Arthur
Heights, Jefferson County, Texas, according to the map or plat. thereof.
recorded in the Deed Records of Jefferson County, Texas (Locally known
as 620 W. 19th)
RESERVATIONS FROM AND E%CEPTION3 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- 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
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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 ARTBUR
BY:
APPROVED TO AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY SECRETARY
Steve Fitzgibbons, City Manager
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ACKNOWLEDGEMENT
STATE OF TEAS §
COIINTY OF JEFFERSON §
BEFORE ME, THE 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:
Earline Thomas
ACKNOWLEDGEMENT
STATE OF TESAS §
COIINTY OF JEFFERSON §
BEFORE ME, THE IINDERSIGNED Notary Public, on this day personally
appeared.Earline Thomas, 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: Earliae Thomas
Port Arthur, Texas. 77640.
Copy to Grantor: City of Port Arthur
Legal Dept.
P: O. Box Y089
Port Arthur, T% 77640-1089
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EXI-LI~IT ®`~"
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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: Linda Simpson
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 Linda Simpson.
PROPERTY (including any improvement): LOT NUMBER FOURTEEN (14), IN
BLOCK NUMBER TWENTY (20), OF BRICE ADDITION TO THE CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS (LOCALLY~KNOWN AS 826 DEWALT 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. 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
s.po6072
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
Grantees examination of the property.
Executed on the ,.day of
GRANTOR,
CITY. OF PORT ARTHIIR
By:
A.D., 2010.
Steve Fitzgibbons, City Maaager.
APPROVED TO AS TO FORM:
CITY ATTORNEY
ATTBST:
CITY SBCRBTARY
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ACKNOWLEDGEMENT
STATE OF TSSAS §
COIINTY OF JEFFERSON §
BEFORE ME, THE 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. •-
Y
Notary Public, State of Texas
AGREED TO AND ACCEPTED ON this the day of 2010.
GRANTEE:
BY:
Linda Simpson
ACKNOWLEDGEMENT
STATE OF ~TE%AS §
COIINTY OF JEFFERSON §
BEFORE ME, THE IINDERSIGNSD Notary Public, on this day personally
appeared Linda Simpson, known to me to be the person whose name is
subscribed to the foregoing instrument. '
GIVIs'N IINDER MY HAND AND SEAL OF OFFICE, this the day of ,
2010.
Notary Public,- State of Texas
Return to: Original to Grantee: Linda Simpson
Port Arthur, Texas 77640
Copy.to Grantor:
City of Port Arthur
Legal Dept.
P. O. Box 1089
Port Arthur, T% 77640-1089 ,,
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