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Home My WebLink AboutPR 18698: CITY MANAGER TO ACCEPT THE REAL PROPETY DONATION FROM ALBERT JOHNSON 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: November 4, 2014 Re: P.R. 18698 RECOMMENDATION: The Housing Division recommends the City Council adopt Proposed Resolution #18698 authorizing the acceptance of the real property from Albert Johnson, Lot Three (3) in Block Twenty Six (26) of the City of Port Arthur, Jefferson County, Texas, according to the map or plat thereof recorded in Map and/or Plat Records, Jefferson County, Texas (743 Booker Washington). BACKGROUND: Mr. Albert Johnson lives in Humble, Texas, and wants to donate the property located at 743 Booker Washington. BUDGETARY/FISCAL EFFECT: N/A STAFFING/EMPLOYEE EFFECT: Housing Administration Staff will be responsible for administration. SUMMARY: The Housing Division recommends the City Council adopt Proposed Resolution #18698 authorizing the acceptance of the real property from Albert Johnson, Lot Three (3) in Block Twenty Six (26) of the City of Port Arthur, Jefferson County, Texas, according to the map or plat thereof recorded in Map and/or Plat Records, Jefferson County, Texas (743 Booker Washington). Pr18698 P.R. No. 18698 11/4/14 BF/DF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE REAL PROPERTY DONATION FROM ALBERT JOHNSON, LOCATED AT 743 BOOKER WASHINGTON. 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, Albert Johnson will donate his property located at 743 Booker Washington (Lot 3 Block 26, Brice Addition) in substantially the same form hereto attached as Exhibit "A" ; and WHEREAS, it is in the best interest of the citizens of Port Arthur that the City accept the donation. 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 real property located at 743 Booker Washington from Albert Johnson, being Lot 3 , Block 26, Brice Pr18698 Addition, in substantially the same form as attached as Exhibit lAArr 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: Councilmembers : NOES : MAYOR Pr18698 ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR FORM: V V VAL TIZ:47;6 CITY ATTORNEY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E . , INTERIM CITY MANAGER Pr18698 EXHIBIT NNA Pr18698 SPECIAL WARRANTY DEED Date : , 2014 Grantor: Albert Johnson Grantor' s Mailing Address (including County) : 3823 Apple Hollow Ln Humble, Texas 77396 Grantee : City of Port Arthur Grantee' s Mailing Address (including County) : P.O. Box 1089 Port Arthur, Texas 77641 Jefferson County CONSIDERATION: That Albert Johnson 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) : LOT 3, BLK 26, BRICE ADDITION, JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 743 Booker 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 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 Pr18698 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, By: ALBERT JOHNSON II Pr18698 ii ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared ALBERT JOHNSON 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 AGREED TO AND ACCEPTED ON this the day of , 2014 . GRANTEE: City of Port Arthur BY: John A. Comeaux, P.E. , Interim City Manager 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 Pr18698 Return to : Original to Grantee: City of Port Arthur P 0 Box 1089 Housing Division Beverly Freeman Port Arthur, Texas 77641 Copy to Grantor: Albert Johnson 743 Booker Washington Port Arthur, Texas 77640 Pr18698