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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" { • P.R. NO. 17545 01/12/2013 - PDL Page 4 of 9 -, - -- - il tra -,..--- ... po" rt7t .- - 5 ...,.. 41 4 ii-a- ....i..—, r....i. -....-,,,,,..-1-..., -..,...,- -..i - ,-- .. --x .4,.... ....L., „ , r i,,-..c:F.,-:_1„.:,,,....i.,-, i..; -------------------- - " Ai: .:--.. - -,. t:43!‘„/.... • --.......... - ,:l'Im,.70 .1 ,,,. .....,_:-....,- 'i4 7,,Iii,a7--;-:.-:7-7-■,-7"-7- e"-C.-.. -4". i rltA''''' 1 .--:- 7 :::V- i - 14 - 19 :- F ''''.,-(:?"-- - ' 4- ' -'-' -- ':' '-? ' - --i. Ar • - 0 7 :70.r.,....,1'..-litt , 4 r ,- _ .,P „, i . -u:• .÷_.i t4 IVt . i45 1 . -,‘ .: ,1 '- i• tl! Z=1:tr, 4 i'V :--:-' . 4 •W'V .-1-' ' -' 1 17 .tItiAl'h . ,"4 : 4 - it - 4 - T .2 7-':-%,,t-' 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 , j . / ..,1 1,1 , 1 / a . '',/,' . .....-,.._ W-4.4 - l l / - 1 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. • 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 •