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HomeMy WebLinkAboutPO 6383: THE CONVEYANCE OF PROPERTIES TO LOW AND MODERATE INCOME RESIDENTS, (TDHCA) INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: John A. Comeaux, P.E., Interim City Manager From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization Date: May 5, 2014 Re: P.O. #6383 RECOMMENDATION: It is recommended that City Council adopt Proposed Ordinance #6383 authorizing the City Manager to deed city -owned properties to two low to moderate income Port Arthur residents that qualified for TDHCA Ike Round 2 Program. These two residents have substandard sized lots. BACKGROUND: The two low to moderate income Port Arthur Residents suffered extensive damage to their homes during Hurricane Ike in September 2008 and both have qualified through Texas Department of Housing and Community Affairs (TDHCA) to have a new home built. 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. Homeowner City Owned Property Legal Dorothy Moten 723 Booker T. Washington Ave Less N. 6' of Lt 5 & 6 Blk 26 912 Herget Brice Addition Robert Harrison 721 DeWalt Avenue Lt 4 Blk 28 Brice Addition 1204 W. 8th BUDGETARY /FISCAL EFFECT: N/A STAFFING /EMPLOYEE EFFECT: Housing Administration Staff will be responsible for administration. SUMMARY: It is recommended that City Council adopt Proposed Ordinance #6383 authorizing the City Manager to deed city -owned properties to two (2) low to moderate income Port Arthur residents that qualified for TDHCA Ike Round II Program. These two residents have substandard sized lots. P 0 6383 P. O. No 6383 5/5/14 BF /DF ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTIES TO LOW AND MODERATE INCOME RESIDENTS OF THE CITY WHO ARE PARTICIPATING IN THE HURRICANE IKE ROUND TWO (2) HOUSING RECONSTRUCTION PROGRAM THROUGH THE TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS (TDHCA) 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, the City Council wishes to convey city -owned property to a low and moderate income resident of the City of Port Arthur in furtherance of disaster recovery; and WHEREAS, Texas Department of Housing & Community Affairs (TDHCA) CDBG Disaster Recovery Program is providing the homes under a program utilizing federal funds awarded to the State of Texas to assist persons whose homes were damaged by Hurricane Ike and the homes shall be reconstructed at no cost to the residents; and WHEREAS, the transfer of the property will promote the public purposes of maintaining high quality safe housing and returning persons displaced by Hurricane Ike to permanent housing; and WHEREAS, this conveyance is hereby authorized and shall be subject to the following conditions: P06383 1. The sale price for the lots shall be Ten and no /100 ($10.00) Dollars. 2. Jefferson County has identified two (2) low and moderate income residents and shall provide new construction homes; one home for Dorothy Moten and the other home for Robert Harrison. 3. Should the homes not be constructed by January 1,2015 the property shall revert back to the City. NOW, THEREFORE, BE IT ORDAINED 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 convey the real property, in substantially the same form as listed in Exhibit "A ", in a Special Warranty Deed to Dorothy Moten, and Exhibit "B" in a Special Warranty Deed to Robert Harrison. SECTION 3. If for any reason, TDHCA does not agree to construct the homes under the disaster recovery program on the lots so transferred, and requires that, while living, the transferees maintain at least three years of consecutive residency from the time of the completion of the dwelling built on the lots, the City shall maintain the right to void the transfers and take any improvements on the lots. SECTION 4. That Dorothy Moten agrees by signing this Ordinance that if the unit at 723 Booker T. Washington (Less N. 6' of Lot 5 & Lot 6 Block 26, Brice Addition) is not constructed by January 1, 2015, She will convey the property back to the City of Port Arthur. P 0 6383 SECTION 5. That Robert Harrison agrees by signing this Ordinance that if the unit at 721 DeWalt Avenue (Lot 4 Block 28, Brice Addition) is not constructed by January 1, 2015, he will convey the property back to the City of Port Arthur. SECTION 5. That a copy of the caption of this Ordinance 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 ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR FORM: VAL TIZENO Y ATTORNEY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, INTERIM CITY MANAGER P 0 6383 AGREED TO: Dorothy Moten BY: PRINTED NAME: Dorothy Moten TITLE: Homeowner AGREED TO: Robert Harrison BY: PRINTED NAME: Robert Harrison TITLE: Homeowner P 0 6383 EXHIBIT "A" SPECIAL WARRANTY DEED Date: , 2014 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. O. Box 1089, Port Arthur, TX 77640 Jefferson County, Texas Grantee: Dorothy Moten Grantee's Mailing Address (including County): 912 Herget Avenue Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, John A. Comeaux, P.E., Interim City Manager, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration as denoted in Ordinance No. 14- to the undersigned in hand paid by the Grantee herein, named, that receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these present do GRANT, SELL and CONVEY unto Dorothy Moten. PROPERTY (including any improvement): Less North Six Feet (6') of Lots & Lot 6 Block 26, Brice Addition, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 723 BOOKER T. WASHINGTON) 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 in Ordinance No. 14- 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, P 0 6383 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 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, CITY OF PORT ARTHUR By: John A. Comeaux,P.E.,Interim City Manager ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED TO AS TO FORM: VAL TIZENO, CITY ATTORNEY P 0 6383 ACKNOWLEDGEMENT 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 AGREED TO AND ACCEPTED ON this the day of , 2014. GRANTEE: BY: Dorothy Moten ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Dorothy Moten, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2014. Notary Public, State of Texas Return to: Original to Grantee: Dorothy Moten 912 Herget Avenue Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Division /Mike Mason P. O. Box 1089 Port Arthur, TX 77640 -1089 P 0 6383 EXHIBIT "B" SPECIAL WARRANTY DEED Date: , 2014 Grantor: City Of Port Arthur, Texas Grantor's Mailing Address (including County): P. 0. Box 1089, Port Arthur, TX 77640 Jefferson County, Texas Grantee: Robert Harrison Grantee's Mailing Address (including County): 1204 W. 8 th Street Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, John A. Comeaux, P.E., Interim City Manager, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration as denoted in Ordinance No. 14- to the undersigned in hand paid by the Grantee herein, named, that receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these present do GRANT, SELL and CONVEY unto Robert Harrison. PROPERTY (including any improvement): Lot 4, Block 28, Brice Addition, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 721 DEWALT ) 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 in Ordinance No. 14- 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 P 0 6383 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 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, CITY OF PORT ARTHUR By: John A. Comeaux, P.E.,Interim City Manager ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED TO AS TO FORM: VAL TIZENO, CITY ATTORNEY P 0 6383 ACKNOWLEDGEMENT 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 AGREED TO AND ACCEPTED ON this the day of , 2014. GRANTEE: BY: Robert Harrison ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Robert Harrison, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2014. Notary Public, State of Texas Return to: Original to Grantee: Robert Harrison 1204 W. 8th Street Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Division /Beverly Freeman P. O. Box 1089 Port Arthur, TX 77640 -1089 P 0 6383