HomeMy WebLinkAboutPO 6072: SPECIAL WARRANTY DEED T 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) VRT:gt 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 s.po6072 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. s.po6072 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 s.po6072 ~EXI~I~IT ®`~i'® ,A t p i s.po6072 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 s.po6 D72 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 5.po6072 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 s.po6072 EXI-LI~IT ®`~" s.po6072 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 S.po6072 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 ,, s.po6072