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Home My WebLink AboutPO 6420: WARRANTY DEED LAURENCE F. VALLE P.O. No. 6420 10/21/14 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED TO LAURENCE F. VALLE AS IT PERTAINS TO THE PROPERTY LOCATED AT PLEASURE PIER SEA CABINS, BUILDING A, PHASE I WHEREAS, the Pleasure Island Commission is the owner of property known as Pleasure Island Sea Cabins; and WHEREAS, various individuals have purchased units at that location; however, the original arrangement only provided those individuals with ninety-nine year leases; and WHEREAS, in order for owners with the ninety-nine year leases to convey the property to prospective buyers, it is necessary for a Special Warranty Deed to be granted; and WHEREAS, Unit 104 , Building A, Phase I was transferred to the current owner Laurence F. Valle via the ninety-nine year lease; and WHEREAS, there is now a prospective buyer for Unit 104 ; and WHEREAS, in order to facilitate the closing on said property, it is necessary to do so by the conveyance of a Special Warranty Deed to Laurence F. Valle, who was previously provided a ninety-nine (99) year lease for said property. NOW THEREFORE, BE IT ORDAINED 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 Manager is authorized to execute the Special Warranty Deed to Laurence F. Valle as delineated in Exhibit "A" . Section 3 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . Section 4 . That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of November 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 s.po6420 APPROVED AS TO FORM: \ift .4111 ■A( Val Tizeno, 9i my Attorn W APPROVED FOR ADMINISTRATION: John A. Comeaux, P. E . , Interim City Manager s.po6420 EXHIBIT "A" s.po6420 SPECIAL WARRANTY DEED Date: November , 2014 Grantor: City of Port Arthur Mailing Address (including county): 444 4th Street Port Arthur, Texas 77640 (Jefferson County) Grantee: Laurence F. Valle Grantee's Mailing Address (including county): 10024 SW 130th Terrace Miami, FL 33176-5613 Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): That certain Sea Cabin, being Sea Cabin No. 104 of Pleasure Pier Sea Cabins, a Condominium Project located on Pleasure Island, Port Arthur, Jefferson County, Texas, such project and land being described in that certain Declaration and By-Laws in Volume 9, Page 309, of the Condominium Records of Jefferson County, Texas, hereinafter referred to as Declarations and By-Laws, and such sea cabin being shown in Volume 2, Page 63, of the Condominium Map Records of Jefferson County, Texas, hereinafter referred to as Plat, which property is conveyed subject to the provision of the Condominium of the State of Texas, which act is incorporated herein and made a part hereof by reference. Reservations from and Exceptions to Conveyance and Warranty: 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 Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; property taxes for prior years, the payment for which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes; and navigational servitude asserted by any governmental authority. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS"with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this deed. Grantor, for the consideration and subject to the reservations from and 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 thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. 2 CITY OF PORT ARTHUR JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on November , 2014 by John A. Comeaux, P.E., Interim City Manager of the City of Port Arthur, Texas. Notary Public, State of Texas RETURN TO: Val Tizeno City Attorney CITY OF PORT ARTHUR P. O. Box 1089 Port Arthur, TX 77640-1089 3