HomeMy WebLinkAboutPR 17545: ACCEPTANCE OF REAL PROERTY DONATION INTEROFFICE MEMORANDUM
TO: FLOYD T. JOHNSON, CITY MANAGER AND CITY COUNCIL
FROM: RONALD BURTON, DIRECTOR OF PLANNING ,4
SUBJECT: P.R. NO. 17545 - ACCEPTANCE OF REAL PROPERTY DONATION
DATE: 01/11/2013
RECOMMENDATION:
It is recommended that City Council adopt Proposed Resolution No. 17545 authorizing the
acceptance of the real property from Wilbert Moore, Jr., located at 730 Beaumont Avenue
(A.K.A. the South of Rear Fifty feet of Lots Numbered Ten, Eleven, and Twelve (S. or R.
50' of Number 10, 11 and 12) all in Block Eighty-one (81) of the City of Port Arthur,
Jefferson County, Texas).
BACKGROUND:
Wilbert Moore Jr., currently resides at 5230 Shreveport Avenue, Port Arthur, Texas and
would like to donate the real property located at 730 Beaumont Avenue, Port Arthur, Texas
to the City of Port Arthur.
BUDGETARY /FISCAL EFFECT:
None
STAFFING /EMPLOYEE EFFECT:
None
SUMMARY:
It is recommended that City Council adopt Proposed Resolution No. 17545 authorizing the
acceptance of the real property from Wilber Moore, Jr., located at 730 Beaumont Avenue
(AKA. the South of Rear Fifty feet of Lots Numbered Ten, Eleven, and Twelve (S. or R.
50' of Number 10, 11 and 12) all in Block Eighty-one (81) of the City of Port Arthur,
Jefferson County, Texas).
P.R. NO. 17545
01/12/2013 - PDL
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ACCEPT THE REAL PROPERTY
DONATION FROM WILBERT MOORE, JR.
LOCATED AT 730 BEAUMONT AVENUE.
WHEREAS, Wilbert Moore, Jr. wishes to donate to the City the South or Rear Fifty
feet of Lots Numbered Ten, Eleven and Twelve (S. or R. 50' of Number 10, 11 and 12) all in
Block Number Eighty -one (81), City of Port Arthur being 730 Beaumont Avenue; and
WHEREAS, upon receipt of the Title Certificate performed by Jefferson County Title
Co., as delineated in Exhibit "A ", it is in the best interest of the citizens of Port Arthur that
the City accepts the donation, whereby the property can be utilized for neighborhood
revitalization and other valid public purposes.
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 Council herein authorizes the City Manager to accept the
donation from Wilbert Moore, Jr., in substantially the same form as attached hereto as
Exhibit "B".
SECTION 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2013, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by
the following vote: AYES:
Mayor:
P.R. NO. 17545
01/12/2013 - PDL
Page 2 of 9
Councilmembers:
NOES:
Deloris "Bobbie" Prince, MAYOR
ATTEST:
Sherri Bellard, CITY SECRETARY
APPROVED AS TO FORM:
Va eci `Val" Tize •, CIisATTORNEY
rrc 6r
APPROVED FOR ADMINISTRATION:
Floyd T ohnso , CITY MANAGER
� I
P.R. NO. 17545
01/12/2013 - PDL
Page 3 of 9
I i
EXHIBIT "A"
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P.R. NO. 17545
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Page 4 of 9
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So (H-10 North Beaumont, Texas 77702
(40 Fax: (409)833-3865
TITLE CERTIFICATE
1.)itte: February 8, 2012 TC13-03
Paracla D. Longford
Administrative Aide '
Planning & Zoning Division-City of Port Arthur
P. 0. Box 1089
Port Arthur. Texas 77641.
The South or Rear Fifty feet of Lots Numbered Ten, Eleven, and Twelve (S. or R. 50' of Number 10, 11 and 12) all in Block
fi tun bc r Eighty-one (81) of the City of Port Arthur, Jefferson County, TeXaS.
We have examined the Rai Property .•:ttcititils of 4 TRIANGLE TITLE SI•.i INC. DBA
JEFFERSON COUNT' TITLE COMPANY to the above -closcribcd property from JIIrte 9,2006, being the
recording date of that certain 4: Warranty Deed flied for rec under County Clerk's File No,
204)6022674, Official Public Ei.ecos of Real Property of Jefferson Co:in iy T t. F',-,;.- 1,2013 at 5:00
J.M. and find the following Federal Liens, State Tax Liens, and Jun Lietis oft:cling said property:
FIND NONE OF RECORD Al - 11 - 11S TIME.
TSTLE APPEARS TO BE VESTED IN:
Wilitr-rt Moor. Jr. by virtue of a Genera! Warranty Deed dated June 7, 2006, reed for record on June 9, 2006 and recorded
sander County Clerk's File No. 2006022674, 0fficiaI Public Records of Real Property ofJefferson County, Texas.
NOTES: FIND NO OTHER LIENS OF RECORD AT THIS TIME.
CA.1. 'EON:
The undersigned assumes no liability for errors or omissions in this eport or Cor vitrbal statements. 'Ili is
type of protection is only available in the form of title insurance (as prescribed by the Texas Depart me.ut of
insurance <tort as ineusored and limited thereby).
.J COUN'"I'Y TITLE COMPANY
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W-4.4
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Catherine McFarland
P.R. NO. 17545
01/12/2013 - PDL
Page 5 of 9
EXHIBIT "B"
SPECIAL WARRANTY DEED
Date: , 2013
Grantor: Wilbert Moore, Jr.
Grantor's Mailing Address: 5230 Shreveport Avenue
Port Arthur, Texas 77640
Grantee: City of Port Arthur
Grantee's Mailing Address (including County):
P.O. Box 1089
Port Arthur, Texas 77641 -1089
Jefferson County, Texas
CONSIDERATION: That Wilbert Moore, Jr. for and in consideration of the sum of Ten and
No /100 Dollars ($10.00) and other good and valuable consideration 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 City of Port Arthur the following property, to -wit:
PROPERTY (including any improvement):
SOUTH OR REAR FIFTY FEET OF LOTS NUMBERED TEN, ELEVEN AND TWELVE (S. OR R.
50' OF NUMBER 10, 11 AND 12) ALL IN BLOCK NUMBER EIGHTY -ONE (81) LOCATED IN
JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 730 BEAUMONT AVENUE)
RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This
conveyance is made expressly subject to all easements, rights -of -way, restrictions,
covenants, right of reversion and conditions as denoted 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 through
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
II
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 Grantor 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., 2013.
GRANTOR,
By:
Wilbert Moore, Jr.
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ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
COUNTY OF JEFFERSON: §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Wilbert Moore. Jr., known to me to be the person whose names are subscribed to the
foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D.,
2013.
NOTARY PUBLIC, STATE OF TEXAS
AGREED TO AND ACCEPTED ON this the day of A.D., 2013
BY:
Floyd T. Johnson, CITY MANAGER
ACKNOWLEDGEMENT
THE STATE OF TEXAS: §
COUNTY OF JEFFERSON: §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Floyd T. Johnson of the City of Port Arthur, known to me to be the person whose names are
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 A.D.,
2013.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM:
Valecia "Val" Tizeno, CITY ATTORNEY
Return To
Original to Grantee: City of Port Arthur
Office of the City Secretary
P.O. Box 1089
Port Arthur TX 77641 -1089
Copy to Grantor: Wilbert Moore, Jr.
5230 Shreveport Avenue
Port Arthur, Texas 77640
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