HomeMy WebLinkAboutPR 18198: APPROVING EDC TO REPURCHASE PROPERTY FROM THE PORT ARTHUR HOUSING AUTHORITY Interoffice
MEMORANDUM
To: Mayor, City Council, Acting City Manager
From: Floyd Batiste, CEO g!3
Date: February 11, 2014
Subject: P. R. No. 18198; Council Meeting on February 18, 2014
A RESOLUTION APPROVING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO RE- PURCHASE PROPERTY FROM
THE PORT ARTHUR HOUSING AUTHORITY
P.R. No. 18198
2/11/14 CS
RESOLUTION NO.
A RESOLUTION APPROVING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC DEVELOPMENT
CORPORATION TO REPURCHASE PROPERTY FROM
THE PORT ARTHUR HOUSING AUTHORITY
WHEREAS, per Resolution 09 -584, the City Council approved the sale of property by
PAEDC to the Port Arthur Housing Authority for the purpose of constructing a building for its
business operations and for the relocation of its employees; and
WHEREAS, on or about November 4, 2013, the PAEDC Board of Directors decided to
exercise its reversionary right as set forth in Section 2.12 of the Purchase Agreement; and
WHEREAS, the PAEDC Board of Directors at their Special Board meeting on February
10, 2014, approved the repurchase of the 3.001 acre tract out of and part of Lots 6, 7, 8, 9 and 10,
Block 152, Port Arthur, Jefferson County, Texas (the "Property ") from the Port Arthur Housing
Authority for the purchase price of $130,000 less the closing costs and charges in the amount of
$1,536.42; and
WHEREAS, the PAEDC will repurchase the property for $128,463.58.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur approves PAEDC
repurchasing the Property for $128,463.58.
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., 2014,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor
Councilmembers
NOES:
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED:
Floyd Batiste, PAEDC CEO
APPROV S TO FORM:
Guy N. Goodson, PAEDC Attorney
#1056028
Page 2
APPROVED AS TO FORM:
aleci9rT eno, ty Attney
0-. be D�
#1056028
Page 3
Exhibit "A"
FROM : C. L. DAUGHR I TY PHONE NO. : Feb. 05 2014 10:54AM P2
C. Lynn Daughrity
Attorney at Law
$700 9 Avenue, Suite 107
Port Arthur, Texas 77642 -8069 Phone (409) 722 -8883
February 5, 2014
GERM>R, P.L.L.C.
Kate Leverett, Esq.
530 Fannin, Suite 400
Beaumont, Texas 77701
Via fax 409/835 -2115
Re: City of Port Arthur Section 4A Economic Development
corporation reversion of realty from Housing Authority of the
City of Port Arthur
Dear Ms. Leverett:
The Board of Commissioners has approved the reversion of the
property to the Port Arthur Economic Development Corp. Attached
is a proposed Special Warranty Deed for your review. If it meets
with approval, I will have it executed on behalf of the Port
Arthur Housing Authority and delivered to you or your designee,
at which time will be presented the payment to the housing
authority in the amount of $128,463.58.
If there are any questions, comments or changes regarding any of
these matters, please do not hesitate to call me.
Thank you for your cooperation and assistance.
sincere y,1
C. Lynn D- .lfrity/
FROM : C. L. DAUGHR I TY PHONE NO. : Feb. 05 21314 10: 54AM P3
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IG
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Special Warranty Deed
Date: , 2014
Grantor: Port Arthur Housing Authority, a Texas public corporation
Grantor's Mailing Address:
Port Arthur Housing Authority
P.O. Box 2295
Port Arthur, TX 77643
Grantee: City of Port Arthur Section 4A Economic Development Corporation, a Texas
public corporation
Grantee's Mailing Address:
City of Port Arthur Section 4A Economic Development Corporation
4173 9th Street
Port Arthur, Texas 77640
• Consideration:
Cash and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged.
Property (including any improvements):
The tract of land more fully described on Exhibit "A" attached hereto and made a
part hereof for all purposes (the "Property ").
Reservations from Conveyance:
None
Exceptions to Conveyance and Warranty:
Validly existing easements, rights- of-way, and prescriptive rights, whether of record or
not; all presently recorded and validly existing instruments, other than conveyances of the
surface fee estate, that affect the Property; and taxes for 2014, which Grantee assumes and agrees
1
FROM : C.L.DAUGHRITY PHONE NO. : Feb. 05 2014 10:55AM P4
to pay, but not subsequent assessments for that and prior years due to change in land usage,
ownership, or both, the payment of which Grantor assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
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 way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty.
GRANTEE IS TAKING THE PROPERTY IN AN ARM'S- LENGTH AGREEMENT
BETWEEN TI-IE PARTIES. TFIE CONSIDERATION WAS BARGAINED ON THE BASIS
OF AN "AS IS, WHERE IS" TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS OR EXPRESS OR IMPLIED
WARRANTIES. GRANTEE HAS NOT RELIED ON ANY INFORMATION OTHER THAN
GRANTEE'S INSPECTION.
When the context requires, singular nouns and pronouns include the plural.
This instrument was prepared based on information furnished by the parties, and no
independent title search has been made.
Port Arthur Housing Authority, a Texas public
corporation,
Seledonio Quesada, Executive Director
City of Port Arthur Section 4A Economic
Development Corporation, a Texas public
corporation,
2
FROM : C.L.DAUGHRITY PHONE NO. : Feb. 05 2014 10:55AM P5
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on , 2014, by
Seledonio Quesada, as the Executive Director of Port Arthur Housing Authority, a Texas public
corporation, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
STATE OF TEXAS )
COUNTY OF JEFFERSON )
This instrument was acknowledged before me on , 2014, by
and of City of Port Arthur Section 4A
Economic Development Corporation, a Texas public corporation, on behalf of said corporation.
Notary Public, State of Texas
My commission expires:
AFTER RECORDING RETURN TO:
City of Port Arthur Section 4A Economic Development Corporation
4173 9th Street
Port Arthur, Texas 77640
3
FROM : C. L. DAUGHR I TY PHONE NO. : Feb. 05 2014 10: 56AM P6
.EXHIBIT 'A'
Fita.No.: 1452149 -8TB9 (AO
Proper Vacant Land, "E3efferson3 County", TX •
LEGAL DESCRIPTION: 3.0501 ACRE TRACT OR PARCEL•OF LAND OUT OF AND PART OF LOTS
B,7is.,p,.AN0.20# BLOCK 152 MAP OF PORT ARTHUR (ALSO KNOWN A5 CITY OF PORT
ARTHUR) VOLUME 1, PAGES 7 -8 AND VOLUME 1, PAGE 50, MAP R:ECORDS•OUT OF AND PART
QF LOYS. 1, 2, 4, 5, AND $ AND A 20 FOOT WIDE ALLEY F.D. MARRY SUBDIVISION VOLUME
3,. PAGE 187, MAP RECORDS JOSEPH BUTLER SURVEY, ABSTRACT NO, 9 PORT. ARTHUR,
3EFFERSON COUNTY, TEXAS.
BEING•A1.D001 ACRE TRACY OR PARCEL OF LAND SITUATED IN THE 3OSEPH'BUTLER
SURVEY, ABSTRACT NO. 9, JEFFERSON COUNTY, TEXAS AND.BFING OUT OF AND PART OF
LOTS 6,7, 8, 9, AND 10, BLOCK 152, MAP OF PORT ARTHUR .(ALSO KNOWN AS CITY OF PORT
ARTHUR), A SUBDIVISYON OF THE CITY OF PORT ARTHUR, JEFFERSON CO.tJNTY, TEXAS,
ACCORDING TO THE: PLAT THEREOF RECORDED IN VOLUME'1, PAGES. 7 -8 AND VOLUME 1,
• PAGE 50, MAP RECORD$, .IEFFERSON COUNTY, TEXAS AND.ALSO BEING OUT OF AND PART
OF LOTS, 1, 2, 2, 4, S AND•8 AND A 20 FOOT WIDE ALLEY,.F.D. MABRY SUBDIVISION, A
SUBDIVISION OF THE CITY•OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS ACCORDING TO
THE pLATTHEREOF RECORDED/El VOLUME 3, PAGE 87, MAP RECORDS, 3EFFERSON
COUNTY., TEXAS AND BEING ALL' OF THOSE CERTAIN 3 TRACTS OF LAND BEINGCALLED A
62,858 SQUARE FOOT TRACT, A.37,513 SQUARE FOOT 'TRACT AND A 0.674 ACRE TRACT AS •
DESCRIBED IN .A "SPECIAL WARRANTY REED" FROM .PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO TRES CABALLEROS, LTD. AS..RECORDED IN CLERK'S FILE
. NO. 202015247, OFFICIAL PUBLIC RECORDS OP REAL PROPERTY,.3EFFERSON COUNTY, •
T£XAS•AND FURTHERMORE BEING ALL OF THOSE 3 CERTAIN TRACTS OF LAND BEING
CALLED A.62,858 SQUARE .FOOTTRACT, A 37,513 SQUARE FOOT TRACT AND PART OF LOTS
7 MW 8, BLOCK 152 CITY OF PORT ARTHUR AS DESCRIBED IN A "SPECIALW LRRANTY
DEED" FROM TRES CABALLEROS, LTD, TO PORT ARTHUR SECTION 4A ECONOMIC
• DEVELOPMENT CORPORATION AS RECORDED IN CLIERK'S NO. 2004040959, OFFICIAL
PUW.IC RECORDS 0F•REA.L PROPERTY, 3F.FFERSDN COUNTY, TEXAS, SAID 3.0001 ACRE
TRACT BEING MORE. PARTICULARLY DESCRIBED AS FOLLOWS:
•
NOTE:. ALL BEARINGS AOEE BASED ON THE NORTHEASTERLY LINE OF THE SAID 62,858
SQUARE FOOT.PQRTARTHURSECTION 4A ECONOMIC DEVELOPMENT CORPORATION TRACT
AS SOUTH. 48"47' 00" EAST AS RECORDED IN THE ABOVE REFERENCED CLERK'S FILE NO.
2004040959, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, 3EFFERSON COUNTY TEXAS.
ALL SET 5/8" /RON RODS SET WITH A CAP STAMPED "MW WHITELEY & ASSOCIATES"
BEGINNING. AT A 1/2" IRON ROD WITH A CAP STAMPED "A &C" FOUND FOR THE MOST
NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED, SAID CORNER ALSOEEING THE
MOST NORTHERLY CORNER OF THE SAID 62,858 SQUARE FOOT PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION TRACT AND BEING
INTERSECTION OP THE SOUTHWESTERLY RIGHT -OF-WAY LINE OF MOBILE AVENUE (BASED
ON A WIDTH OF 50 FEET) AND THE SOUTHEASTERLY LINE OF A 20 FODT WIDE ALLEY IN
THE SAID BLOCK 152;
•
•
FROM : C. L. DAUGHR I TY PHONE NO. : Feb. 05 2014 10: 56AM P7
THENCE SOUTH 48 °47'00" EAST, ALONG AND WXTH THE SOUTHWESTERLY RIGHT -OF -WAY
UNE OF MOBILE AVENUE, FORA DISTANCE OF 270.15 FEET TO A 112" IRON ROD WITH A
CAP STAMPED "A&G" FOUND FOR CORNER, SAID CORNER BEING THE INTERSECTION OF
THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF MOBILE AVENUE AND THE NORTHWESTERLY
RIGHT -OF -WAY LINE OF MUM URTH STREET (EASED ON A WIDTH OF. 80 FECE1), SAID CORNER
ALSO BEING THE MOST EASTERLY CORNER OF THE SAID 6s2,258 SQUARE FOOT PORT
ARTHU.R•SECCION•4A Ecoi'IOMIC DEVELOPMENT CORPORATION TRACT AND ALSO BEING
THE E ;EGINNINC OF A cuRve TURNING TO THE RIGHT HAVING A RADIUS OF 1.105,92 FEET
ANDBEING SUBTENDED BY A CHORD BEARING OF SOUTH 52 °38'O5" WEST HAVING A
CHORD LENGTH OF 275.47 FEET;
T EN41w SOUTHWESTERLY, ALONG AND Writ; SAID CURVE AN.D THE NORTHWESTERLY
€ G3 T =b . r-WAY LINE OF FOURTH STREET, PASSING AT AN. ARC LENGTH OF 261.58 FEE' A
1/2 IRON ROD IN CONCRETE FOUND FOR THE MOST 54UTHERLY CORNER OF TE•EE SAID
62,11ES SQUARE FOOT PORT ARTHUR SECTION 4A ECONOMXC DEVELOPMENT CORPORATION
TRACT AND CONTINUING POR A TOTAL ARC LENGTH OF 276.19 FEET TO A "PK" NAII. SET
FOR CORNER;
THENCE:SOUTH 59 °49 CONTINUING ALONG AND WITH TNE.NORTHWESTERLY
IRSGHT »Or'WAY LINE OF FOURTH STREET FOR A DISTANCE OF 7347 . FEETTO A SCRIBED "X"
SET IN CONCRETE. FOR CORNER, SAID CORNER ALSO SEZ G THE BEGINNING OF A CURVE
TURNING; TO THE LEFT HAVING A RADIUS OF 994.92 FEET AND BEING SUBTENDED BY A
CHORD BEARING OF SOUTH 50 °18'29'` WEST HAVING A CHORD LENGTH OF 320.61 FEET;
THENCE:SO.U3'HWES i"ERLY, ALONG AND WI'YH,S1¢ID CURVE AND THE NORTHWESTERLY
RIGHT -OP -WAY LINE.OF•FOURTH STREET, PASSING AT AN.ARG' LENGTH OF 69.73 FEET A
COOPERWEU MONUMENT FOUND FOR THE MOST EASTERLY CORNER OF THE SAID 37,513
SQUARE FOOT PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TRACT
AND CONTINUING FOR A.TOTAL. AN ARC LENGTH OF 322.02 FEET TO.A 1/2" IRON ROD
FOUND FOR CORNER, SAID CORNER I3EING THE MOST SOLUTHEIRLY'CORWER OF THE SAID
37,523 SQUARE FOOT PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
TRACT AND BEING THE INTERSECTION OF THE NORTHWESTERLY RIGHT -OF -WAY LINE OF
FOURTH STREET AND THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SHRPORT AVENUE
(BASED ON A WIDTH OF 70 FEET);
THENCE. NORTH 48 °4700" WEST, ALONG AND 'WITH THE NORTHEASTERLY ERIGHT.OF -WAY
LINE OF SHREVEPQRT AVENUE, FOR A DISTANCE OF 139.50 FEETTO A 5/8" IRON ROD SET
FOR CORNER, SAID CORNER BEING THE MOST WES7ERLYCORNER OF THE SAID 37,513
SQUARE .FOOT PORT ARTHUR. SECSON 4A ECONOMIC: DEVELOPMENT NT CORPORATI.ON TRACT
AND THE INTERSECTION OF THE NORTHEASTERLY RIGHT- OF -WAY LINE OF SHREVEPORT
AVENUE AND THE SOUTHEASTERLY LINE OF A 20 FOOT WIDE ALLEY AN THE SAID BLOCK
152 AND FROM.SAZD CORNER A FOUND i/2 "'IRON ROD WITH A CAP STAMPED "A &G"
FEARS SOUTH 52 °07'02 "'W.EST A b!STANCE OF 0.3.4 FEET;
THENCE NORTH 41 EAST, ALONG AND WYTH THE SOUTHEASTERLY LINE OF A 20
E. FOOT WtDE.ALLEY IN THE SAID BLOCK 152„ FOR A DISTANCE OF 655.95 FEET TO THE POINT
OF BEGYNNZNG AND CONTAINING 3.0001 ACRES, MORE OR LESS.
•
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•
e
FROM : C.L.DAUGHRITY PHONE NO. : Feb. 05 2014 10 :53RM P1
C. LYNN DAUGBRITY
Attorney at Law
8700 9th Avenue, Suite 107
Port Arthur, TX 77642 -8069 Phone: (409) 722 - 8883
FACSIMILE TRANSMISSION COVER SHEET
FEB 05 2014
DATE: NO.OF PGS (including cover sheet ): 7
To: t �If- r eaf COMPANY NAME: _ _ frog
FAX NO: Y01/4. RE: J..a A w .00
,: •
Sender's name: Lynn Sender's fax #: X09 721 -9231
SPECIAL NOTE:
NOTE: This facsimile contains • PRIVILEGED and CONFIDENTIAL
information intended only for the specific individual or entity
named above. If you or your employer are not the intended
recipient of this facsimile or an employee or agent responsible for
delivering it to the intended recipient, you are hereby notified
that any unauthorized dissemination or copying of this facsimile or
the information contained in it is strictly prohibited. If you
have received this facsimile in error, please immediately notify
the sender named above by telephone and return the original
facsimile to us at the address on the letter head above via the
U.S. Postal Service. Thank you.
•