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HomeMy WebLinkAboutPR13357: RELEASE OF LIENSINTER MEMO OFFICE To: Mayor, City Council & City Manager From: Mark T. Sokolow, City Attorney Subject: P. R. No. 13357 Council Meeting Dece~er 6, 2005 Date: Dece~er 2, 2005 Attached is P.R. No. 13357 a resolution approving a release of liens as to Lots 2, 3, 5, 8, 9, 10, Block 1, Lots 1, 10, 11, 12, Block 2, Lots 3, 6, Block 4, Lots 7, 9, 10, 11, 12, Block 5, 5.156 Acres Reserve "A", all in replat of Stonegate Manor, Section Four Addition, Port Arthur, Jefferson County, Texas (Vol. 14, Pages 112-114 Map Records. This is NOAA property and it will facilitate development to have these properties placed back on the tax rolls. We do not have a timeline for the construction of the homes. MTS/gt Attachment cc: VIA FACBIMILE (409) 985-9484 Mr. George Scully z .pr13357 .memo Established 1934 COMMERCIAL - INDUSTRIAL - RESlDENTAL 1936 LAS PALMAS DR., PORT ARTHUR, TX 77642 PHONE - 409-983-3333 FAX - 409-985-9484 geor~e~ullyrealty.tom November 23, 2005 Mr. Stephen Fitzgibbons City Mmmger Port Arthur, Tx RE: NOAA Property, Labor grass Lien's: $20,888.65 Lots 2,3,5,8,9,10,Blk 1, Lots 1,10,11,12, Blk 2, LOts 3,6, Blk 4, LOts 7,9,10, t 1,12, Blk 5, 5.156 acres Reserve "A", All in REPLAT OF STONEGATE MANOR, SECTION FOUR addition, Port Arthur, Je~ Cotmty, Texas 0/o1.14, pages 112-114 Map Records). Dear Mr. Fitzglbbons: We are selling the above propex~y, 17 Lots plus Reserve A (to be 33 Lots) To a Developer from Houston. GP Realty Building Co., Inc., They are land developers, they than get builders to build homes. In this development they plan to build 50 Single Family Homes. The above Liens are homing uo the ~ale of this orontrtv. I spoke to you and Mark the other night requesting thut these liens be waved. You indicated you could do that. Please see attached as follows: 1. Two maps showing the above pro~erty, copy ofthe liens shown by the Title Co. 2. Seven sheets showing liens lhat needs to be released. 3. Copy of adding machine tape that Title Co received from City showing the $20,888.65 owed to City, I have marked 6 properties in green, Reserve B, and Lot 1, Blk 1, that are not part of this sale. (Total $1,680.60). 4. CopiesofInvoicesfia~mCity, ResarveA, Blkl, Blk2, Blk4, Blk5. Please advise as soon as poss~le. PS: These developers are negating on two other Waets that NOAA owns that they plan to build homes on: (A). One a~ct on Lake Arthur Dr, Tract 3, 6.748 acres between Bent Tree Apt & Park Central ~ Homes, (B). Two long narrow traets, Reserve B & C Fairway Est. out of Title X, Tract V. On Jimmy Johnson across from each othar and on the golf course 8.375 acres ~ Patio homes. That is a total of 50 + 43 + 55 -- A grand total of 148 new homes P. R. Ho. 13357 12/02/05 gt RESOLUTION NO. A RESOLUTION APPROVING A RELEASE OF LIENS AS TO LOTS 2, 3, 5, 8, 9, 10, BLOCK 1, LOTS 1, 10, 11, 12, BLOCK 2, LOTS 3, 6, BLOCK 4, LOTS 7, 9, 10, 11, 12, BLOCK 5, 5.156 ACRES RESERVE ~A", ALL IN REPLAT OF STONEGATE MANOR, SECTION FOUR ADDITION, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (VOL. 14, PAGES 112- 114 MAP RECORDS) WHEREAS, the City Council desires to promote the sale of land by NOAA so that 50 single family homes can be built thereon by G. P. Realty Building Company, Inc. or its assignee as described in Exhibit 'A"; and, WHEREAS, the City expects that the new construction value or cost of construction will be at least three (3) times the value of the liens; and, WHEREAS, the City can promote this development per Chapter 380 Local Government Code and per Section 34-88 of the Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the release of liens in substantially the same form as described in Exhibit ~A". Section 3. That this release of liens is approved on the agreement that G.P. Realty Building Company, Inc. or its assignees will build the homes as quickly as possible, depending on market conditions. Section 4. That a copy of this caption be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this __ day of , A.D., 2005, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ' Council Members ' NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTP. ATION: CITY MANAGER ~.p. RE~LTY BUILD~N~ CO~P~I~Y, ~NC. BY: EXHIBIT "A" TEE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under the laws of the State of Texas, has heretofore been the ovrner and holder of a lien or liens upon and against the property described below; said lien or liens being more particularly described as follows: Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0625 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 2, Block 1) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0442 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 2, Block 1) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0311 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 2, Block 1) Labor Lien dated 6-25-1992 filed 7-20-1992 under County Clerk's Film Code No. 104-34-1067 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $39.30. {Lot 2, Block 1) Labor Lien dated 8-6-1992 filed 9-8-1992 under County Clerk's Film Code No. 104-42-0201 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $39.30. (Lot 2, Block 1) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0631 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Tourn, Inc., being a claim in the amount of $37.65. (Lot 3, Block 1) Labor Lien dated 4-22-1991 filed 5-8-1991 under County z.releaBe lien.NOAA Clerk's Film Code No. 103-65-0433 Real Property Records of Jefferson county, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 3, Block 1) Labor Lien dated 8-29-1991 filed 9-25-1991 under County Clerk's Film Code No. 103-88-1280 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 3, Block 1) Labor Lien dated 6-25-1992 filed 7-20-1992 under County Clerk's Film Code No. 104-34-1073 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $39.30. (Lot 3, Block 1) Labor Lien dated 8-6-1992 filed 9-8-1992 under County Clerk's Film Code No. 104-42-0207 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Tow~ in Town, Inc., being a claim in the amount of $39.30. (Lot 3, Block 1) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0628 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.98. (Lot 5, Block 1) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0439 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.98. (Lot 5, Block 1) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0314 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $38.98. (Lot 5, Block 1) Labor Lien dated 8-6-1992 filed 9-14-1992 under County Clerk's Film Code No. 104-43-0317 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $40.54. (Lot 5, Block 1) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0640 Real Property Records z. release 1 ±eh. NOAA 2 of Jefferson County, Texas, executed by City of Port Arthur against New To~rn in Tow~, Inc., being a claim in the amount of $43.87. (Lot 1, Block 2) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0756 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.87. (Lot 1, Block 2) Labor Lien dated 5-12-1988 filed 5-18-1988 under County Clerk's Film Code No. 102-26-2231 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $311.80. (Lot 10, Block 2) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0601 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $37.39. (Lot 10, Block 2) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0741 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.39. (Lot 10, Block 2) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0744 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town ~n Town, Inc., being a claim in the amount of $37.39. (Lot 10, Block 2) Labor Lien dated 8-6-1992 filed 9-14-1992 under County Clerk's Film Code No. 104-43-0308 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $39.05. (Lot 10, Block 2) Labor Lien dated 5-12-1988 filed 5-18-1988 under County Clerk's Film Code No. 102-26-2228 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $260.42. (Lot 11, Block 2) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0587 Real Property Records of Jefferson County, Texas executed by City of Port Arthur z. release lie~. NOAA 3 against New Town in Tow~, Inc., being a claim in the amount of $37.84. (Lot 11, Block 2) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0726 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.84. (Lot 11, Block 2) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0290 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town an Town, Inc., being a claim in the amount of $37.84. (Lot 11, Block 2) Labor Lien dated 5-12-1988 filed 5-18-1988 under County Clerk's Film Code No. 102-26-2225 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $161.85. (Lot 12, Block 2) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0590 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town an Town, Inc., being a claim in the amount of $37.90. (Lot 12, Block 2) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0424 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim an the amount of $37.90. (Lot 12, Block 2) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0308 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.90. (Lot 12, Block 2) Labor Lien dated 6-25-1992 filed 7-20-1992 under County Clerk's Film Code No. 104-34-1061 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Tow~, Inc., being a claim in the amount of $39.53. (Lot 12, Block 2) Labor Lien dated 8-6-1992 filed 9-14-1992 under County Clerk's Film Code No. 104-43-0245 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount z. release lien. NOAA 4 of $39.53. (Lot 12, Block 2) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0634 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.55. (Lot 3, Block 4) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0430 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.56. (Lot 3, Block 4) Labor Lien dated 8-29-1991 filed 9-25-1991 under County Clerk's Film Code No. 103-88-1283 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.56. (Lot 3, Block 4) Labor Lien dated 8-6-1992 filed 9-8-1992 under County Clerk's Film Code No. 104-42-0212 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $40.14. (Lot 3, Block 4) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0637 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $35.87. (Lot 6, Block 4) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0421 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $35.87. (Lot 6, Block 4) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0427 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Tow~, Inc., being a claim in the amount of $35.87. (Lot 6, Block 4) Labor Lien dated 8-29-1991 filed 9-25-1991 under County Clerk's Film Code No. 103-88-1286 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $35.87. (Lot 6, Block 4) z. release lien .NOAA 5 Labor Lien dated 6-25-1992 filed 7-20-1992 under County Clerk's Film Code No. 104-34-1022 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.62. (Lot 6, Block 4) Labor Lien dated 8-6-1992 filed 9-8-1992 under County Clerk's Film Code No. 104-42-0215 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.62. (Lot 6, Block 4) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0717 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 7, Block 5) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0272 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $37.65. (Lot 7, Block 5) Labor Lien dated 3-6-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0613 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim ~n the amount of $38.56. (Lot 9, Block 5) Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0714 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.56. (Lot 9, Block 5) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0305 Real Property Records of Jefferson County, Texas executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $38.56. (Lot 9, Block 5) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0616 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 10, Block 5) Labor Lien dated 4-22-1991 filed 5-2-1991 under County z. release lien .NOAA 6 Clerk's Film Code No. 103-64-0711 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 10, Block 5) Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0275 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 10, Block 5) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0619 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 11, Block 5) Labor Lien dated 4-22-1991 filed 5-8-1991 under County Clerk's Film Code No. 103-65-0445 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 11, Block 5) Labor Lien dated 8-9-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0278 Real Property Records of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $43.54. (Lot 11, Block 5) Labor Lien dated 3-5-1991 filed 3-21-1991 under County Clerk's Film Code No. 103-58-0607 Official Public Records of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $353.10. Labor Lien dated 4-22-1991 filed 5-2-1991 under County Clerk's Film Code No. 103-64-0720 Official Public Records of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $99.17. Labor Lien dated 8-19-1991 filed 8-29-1991 under County Clerk's Film Code No. 103-84-0302 Official Public Records of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $99.17. Labor Lien dated 6-25-1992 filed 7-20-1992 under County Clerk's Film Code No. 104-34-0972 Official Public Records z.release lien. NOAA 7 of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $96.92. Labor Lien dated 2-19-1993 filed 3-3-1993 under County Clerk's Film Code No. 104-69-0986 Official Public Records of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $96.92. Labor Lien dated 5-12-1988 filed 5-18-1988 under County Clerk's Film Code No. 102-26-2222 Official Public Records of Real Property of Jefferson County, Texas, executed by City of Port Arthur against New Town in Town, Inc., being a claim in the amount of $3,825.78. The City hereby releases the above-described lien heretofore existing against such property, to-wit: Lots 2, 3, 5, 8, 9, 10, Block 1, Lots 1, 10, 11, 12, Block 2, Lots 3, 6, Block 4, Lots 7, 9, 10, 11, 12, Block 5, 5.156 Acres Reserve "A", all in replat of Stonegate Manor, Section Four Addition, Port Arthur, Jefferson County, Texas (Vol. 14, Pages 112-114 Map Records). IN WITNESS WHHREFORE, the City of Port Arthur has caused by these presents to be executed by the City Manager, Stephen Fitzgibbons, duly authorized, and attested by its City Secretary, Evangeline Green, this day of , A.D., 2005. THE CITY OF PORT ARTHUR By: Stephen Fitzgibbons, City Manager ATTEST: Evangeline Green, City Secretary z. release lien. NOAA 8 THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen 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 deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HA~D ~ SEAL OF OFFICE, this __ day of , 2005. Notary Public in and for the State of Texas AFTER RECORDING RETURN TO: City of Port Arthur Legal Department Attn: City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z. release lien. NOAA 9