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Home My WebLink AboutPR 18224: PROPERTY DONATION LOCATED AT 3308 12TH ST, BY BE VAN NGUYEN AND NUOI TAT INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: John A. Comeaux, P.E., Interim City Manager From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization Manager Date: March 18, 2014 Re: P.R. 18224 RECOMMENDATION: It is recommended the City Council adopt Proposed Resolution #18224 authorizing the acceptance of 3308 12 Street, proposed for conveyance to the City of Port Arthur by Be Van Nguyen and Nuoi Tat. BACKGROUND: The City proposes to make available property to applicants of the Hurricane Ike Round 2 Program. Be Van Nguyen and Nuoi Tat will convey property located at 3308 12 Street (N1 /2 of Lot 8 Block 595 Model) to the City of Port Arthur that will be made available to an applicant of the Hurricane Ike Round 2 Program. A title commitment report was conducted on 3308 12 Street and no outstanding liens were found on the property. BUDGETARY /FISCAL EFFECT: N/A STAFFING /EMPLOYEE EFFECT: Housing Administration Staff will be responsible for administration. SUMMARY: It is recommended the City Council adopt Proposed Resolution #18224 authorizing the acceptance of 3308 12 Street, that is proposed for conveyance to the City of Port Arthur by Be Van Nguyen and Nuoi Tat PR18224 P. R. No. 18224 3/18/14 RAF/TA RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE REAL PROPERTY DONATION LOCATED AT 3308 12 STREET FROM BE VAN NGUYEN and NUOI TAT. WHEREAS, Section 272.001(g) 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, Be Van Nguyen and Nuoi Tat will donate their property to the City, being 3308 12 Street, N 1/2 of Lot Number Eight (8) Block Number Five Hundred Ninety Five (595) to the City of Port Arthur; and WHEREAS; The City will make available property to applicants of the Hurricane Ike Round Two (2) Programs who are currently residing on substandard lots; and WHEREAS, the Texas Department of Housing & Community Affairs (TDHCA) Hurricane Ike Round 2 Disaster Recovery Program will provide homes under a program utilizing federal funds awarded to the State of Texas to assist persons whose homes were damaged by Hurricane Ike, which homes shall be reconstructed at no cost to the residents; and WHEREAS, it is in the best interest of the citizens of Port Arthur for the City to accept the donation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: PR18224 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 of property located at 3308 12 Street from Be Van Nguyen and Nuoi Tat in substantially the same form as attached as Exhibit "A ". 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 the Regular Meeting of the City Council of the City of Port • Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: MAYOR APPROVED AS TO FORM: VAL TI N ,EITY ATTORNEY ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER PR18224 EXHIBIT "A" PR18224 SPECIAL WARRANTY DEED Date: , 2014 Grantor: Be Van Nguyen and Nuoi Tat Grantor's Mailing Address (including County): 3339 Roya Court Port Arthur, Texas 77642 Jefferson County, Texas Grantee: City of Port Arthur Grantee's Mailing Address (including County): P.O. Box 1089 Port Arthur, Texas 77640 CONSIDERATION: That Be Van Nguyen and Nuoi Tat for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other goods 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. PROPERTY (including any improvement): N of LOT NUMBER EIGHT (8), BLOCK NUMBER FIVE HUNDRED NINETY FIVE (595) MODEL ADDITION, OF THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 3308 12 STREET) 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 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 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 PR18224 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., 2014. GRANTOR, By: Be Van Nguyen Nuoi Tat ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Be Van Nguyen & Nuoi Tat, known to me to be the persons whose name are subscribed to the foregoing instrument. • GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2014. Notary Public, State of Texas • PR18224 ACKNOWLEDGEMENT AGREED TO AND ACCEPTED ON this the day of , 2014. GRANTEE: City of Port Arthur BY: JOHN A. COMEAUX, P.E., Interim City Manager STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared John A. Comeaux, P.E., Interim 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 UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2014. Notary Public, State of Texas Return to: Original to Grantee: City of Port Arthur P O Box 1089 . Port Arthur, Texas 77640 Copy to Grantor: Be Van Nguyen & Nuoi Tat 3339 Roya Court Port Arthur, Texas 77642 PR18224