The URL can be used to link to this page

Home My WebLink AboutPR 18780: AMENDING RES NO. 14-029, CEDRENA CLAYTON, SPECIAL WARRANTY DEED 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: January 16, 2015 Re: P.R. 18780 RECOMMENDATION: The Housing Division recommends the City Council to authorize the adoption of P.R. #18780 amending Resolution #14-029, by adding a Special Warranty Deed with a Vendor's Lien. BACKGROUND: The City of Port Arthur executed a loan agreement between Cedrena Clayton and the City of Port Arthur for the property located at 1128 Freeman Avenue. The City acquired this property through foreclosure and there must be Special Warranty Deed with a Vendor's lien executed. BUDGETARY/FISCAL EFFECT: N/A STAFFING/EMPLOYEE EFFECT: Housing Administration staff will be responsible for administering the contract. SUMMARY: The Housing Division recommends the City Council to authorize the adoption of P.R. #18780 amending Resolution #14-029, by adding a Special Warranty Deed with a Vendor's Lien. P. R. 18780 12/15/14 BF/DF RESOLUTION NUMBER A RESOLUTION AMENDING RESOLUTION NO. 14-029 WHICH AUTHORIZED THE CITY OF PORT ARTHUR TO ENTER INTO AGREEMENT WITH CEDRENA CLAYTON FOR PROPERTY LOCATED AT 1128 FREEMAN AVENUE, BY ADDING A SPECIAL WARRANTY DEED WITH A VENDOR'S LIEN TO BE FILED FOR RECORD. WHEREAS, pursuant to Resolution 14-029, the City of Port Arthur entered into an agreement with Cedrena Clayton for the property located at 1128 Freeman Avenue; and WHEREAS, the City acquired the property in a foreclosure sale and a special warranty deed with a vendor's lien will be added and filed for record. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: 1. THAT Resolution Number 14-029 is herein amended. 2. THAT the City Manager is authorized to execute an amendment to Resolution #14-029 adding the Special Warranty Deed with a Vendor's Lien that will be filed for record, in substantially the same form as attached hereto as Exhibit "A". 3. THAT upon completion of the remaining affordability period of eight (8) years and terms as delineated in the Deferred Loan Agreement executed on February 5, 2014, said Vendor's Lien will be released. 4. THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of January A.D., 2014 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR ADMINISTRATION: JOHN A. COMEAUX, P.E., INTERIM CITY MANAGER BEVERLY FREEMAN ACTING DIRECTOR HOUSING & NEIGHBORHOOD REVITALIZATION APPROVED FOR FORM: V�L TIZEN i, ATTORNEY EXHIBIT "A" SPECIAL WARRANTY DEED WITH VENDOR'S LIEN NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date : , 2015 Grantor: CITY OF PORT ARTHUR, a body corporate and public under the laws of the State of Texas, acting herein by and through its duly authorized officer. Grantor' s Mailing Address : City of Port Arthur P 0 Box 1089 Port Arthur, Texas 77641 Jefferson County Grantee : Cedrena Clayton Grantee' s Mailing Address (including County) : 1128 Freeman Avenue Port Arthur, Texas 77640 Jefferson County CONSIDERATION: For and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other goods and valuable consideration and a Deferred Loan Agreement executed on February 5, 2014 , that is in the principal amount of Forty Three Thousand Seven Hundred Twenty-Two Dollars & 15/100 ($43, 722 . 15) or completion of the remaining affordability period and terms as delineated in the Deferred Loan Agreement and is executed by Grantee, payable to the order of City of Port Arthur, a body corporate and public under the laws of the State of Texas, acting herein by and through its duly authorized officer. The note is secured by a vendor' s lien retained in favor of the City of Port Arthur, in this deed and by a deed of trust of even date from Grantee to City of Port Arthur, Trustee. PROPERTY (including any improvement) : Lot Twenty-Two (22) and Lot Number Twenty-Three (23) Res . 2 , Reservation, as the same appears upon the map or plat thereof, on file and of record in the Office of County Clerk of Jefferson County, Texas at Beaumont (Also known as 1128 Freeman Avenue) . 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' 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. The vendor' s lien against and superior title to the property are retained until the note described is fully paid according to its terms, at which time this deed shall become absolute . When the context requires, singular nouns and pronouns include the plural . CITY OF PORT ARTHUR, a body corporate and public under the laws of the State of Texas, acting herein by and through its duly authorized officer, at Grantee' s request, has paid in cash to Grantor that portion of the purchase price of the property that is evidenced by the note described. The vendor' s lien and superior title to the property are retained for the benefit of the CITY OF PORT ARTHUR, a body corporate and public under the laws of the State of Texas, acting herein by and through its duly authorized officer, and are transferred to that party without recourse on Grantor. CITY OF PORT ARTHUR By: Name : John A. Comeaux, P . E. Title : Interim City Manager ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of January, 2015, by John A. Comeaux, P.E. , Interim City Manager, of the CITY OF PORT ARTHUR, in his/her official capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2015 . Notary Public of the State of Texas Notary' s Printed Name Notary' s Commission Expires