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HomeMy WebLinkAboutPO 6409: DEED CITY-OWNED PROPERTY TO CITIZEN INTEROFFI CE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: John A. Comeaux, P. E. , Interim City Manager From: Beverly Freeman, Interim Director of Housing and Neighborhood Revitalization Date : August 26, 2014 Re: P.O. No. 6409 RECOMMENDATION: It is recommended that City Council adopt Proposed Ordinance No. 6409 authorizing the City Manager to deed city-owned property to one (1) low to moderate income Port Arthur resident that qualified for TDHCA Ike Round 2 Program. The resident currently has a substandard sized lot . BACKGROUND: The low to moderate income Port Arthur Resident suffered extensive damage to her home during Hurricane Ike in September 2008 and has been 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 conveyances serve a public purpose in that the existing lot of the person included herein was found unsuitable for construction under local ordinance. Homeowner City Owned Legal Description Property Tract 8-A, Block 595, Model Genevieve Joubert 3308 12th Street Addition 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 No. 6409 authorizing the City Manager to deed city-owned property to one (1) low to moderate income Port Arthur resident that qualified for TDHCA Ike Round 2 Program. The resident currently has a substandard sized lot . P.O. No. 6409 08/26/2014 PDL ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO A LOW AND MODERATE INCOME RESIDENT OF THE CITY WHO IS 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; and WHEREAS, the property located at 735 Augusta Avenue was found unsuitable for construction and deemed substandard under the building code, and other local ordinances; and WHEREAS, the City Council has determined that it the conveyance of city- owned property to a low and moderate income resident of the City of Port Arthur in furtherance of disaster recovery meets the requirements of Section 272 . 001 (g) ; 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 P.O. No. 6409 P.O. No. 6409 08/26/2014 PDL persons displaced by Hurricane Ike to permanent housing; and WHEREAS, this conveyance is hereby authorized and shall be subject to the following conditions : 1. The sale price for the lots shall be Ten and no/100 ($10 . 00) Dollars . 2 . The City of Port Arthur has identified one (1) low and moderate income resident and a new construction home shall be provided under the terms of the program for Genevieve Joubert. 3. Should the home 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 deems this conveyance to meet a valid public purpose and authorizes the conveyance under the guidelines specified in Section 272 . 001 (g) of the Texas Local Government Code. SECTION 3 . 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 Genevieve Joubert. SECTION 4. If for any reason, TDHCA does not agree to construct the homes under the disaster recovery program on the lot so transferred, and requires that, while living, the transferee maintain at least three years of consecutive residency from the P.O. No. 6409 P.O. No. 6409 08/26/2014 PDL time of the completion of the completion of the dwelling built on the lot, the city shall maintain the right to void the transfer and take any improvements on the lot . SECTION 4 . That Genevieve Joubert agrees by signing this Ordinance that if the home at 3308 12th Street (Tract 8-A, Block 595, Model Addition) is not constructed by January 1, 2015, she 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 September, 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 : Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED FOR FORM: 14;e Valecia "V " Tizeno, City Attorney P.O. No. 6409 P.O. No. 6409 08/26/2014 PDL APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E. , Interim City Manager Beverly Freeman, Interim Director of Housing AGREED TO: Genevieve Joubert By: Printed Name: Genevieve Joubert Title: Homeowner P.O. No. 6409 EXHIBIT "A " P.O. No. 6409 SPECIAL WARRANTY DEED Date: September , 2014 Grantor: City Of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. O. Box 1089, Port Arthur, TX 77641-1089 Jefferson County, Texas Grantee: Genevieve Joubert Grantee ' s Mailing Address (including County) : 735 Augusta Avenue Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the Interim City Manager of the City of Port Arthur, Texas, John A. Comeaux, P.E. , 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-[ i 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 Genevieve Joubert: PROPERTY (including any improvement) : Tract 8-A, Block 595, Model Addition, PORT ARTHUR, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 3308 12th Street) I 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-[ 7 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 P.O. No. 6409 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 September, A. D. , 2014 . GRANTOR, CITY OF PORT ARTHUR By: John A. Comeaux, P.E. , Interim City Manager APPROVED TO AS TO FORM: Valecia "Val" Tizeno, City Attorney ATTEST: Sherri Bellard, City Secretary P.O. No. 6409 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 September, 2014 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of September, 2014 . GRANTEE: BY: Genevieve Joubert ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Genevieve Joubert, 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 September, 2014 . Notary Public, State of Texas Return to: Original to Grantee: Genevieve Joubert 735 Augusta Avenue Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur • Housing Division/Beverly Freeman P. O. Box 1089 Port Arthur, TX 77641-1089 P.O. No. 6409