HomeMy WebLinkAboutPR 18781: AMENDING RES. NO. 14-393 JOHN TYLER, JR., 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. 18781
RECOMMENDATION:
The Housing Division recommends the City Council to authorize the adoption of P.R.
#18781 amending Resolution #14-393, by adding a Special Warranty Deed with a
Vendor's Lien.
BACKGROUND:
The City of Port Arthur executed a loan agreement between John Tyler, Jr. and the City
of Port Arthur for the property located at 2322 6th Street. 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.
#18781 amending Resolution #14-393, by adding a Special Warranty Deed with a
Vendor's Lien.
P. R. 18781
12/15/14 BF/DF
RESOLUTION NUMBER
A RESOLUTION AMENDING RESOLUTION NO. 14-393
WHICH AUTHORIZED THE CITY OF PORT ARTHUR TO
ENTER INTO AGREEMENT WITH JOHN TYLER, JR. FOR
PROPERTY LOCATED AT 2322 6TH STREET, BY ADDING A
SPECIAL WARRANTY DEED WITH A VENDOR'S LIEN TO
BE FILED.
WHEREAS, pursuant to Resolution 14-393, the City of Port Arthur
entered into an agreement with John Tyler, Jr. for the property located at 2322 6th
Street; and
WHEREAS, the City acquired the property in a foreclosure sale and will
file a Special Warranty Deed with a Vendor's Lien.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
1. THAT Resolution Number 14-393 is herein amended.
2. THAT the City Manager is authorized to execute an amendment to
to Resolution #14-393 adding the Special Warranty Deed with a Vendor's Lien that will
be filed for record, in substantially the same form as attached as Exhibit "A".
3. THAT upon completion of the remaining affordability period of
eleven (11) years five (5) months and terms as delineated in the Deferred Loan
Agreement executed on September 16, 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., 2015
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:
i/A.1 , . .
VAL TIZENO, ' ATTOR EY
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 : John Tyler, Jr.
Grantee' s Mailing Address (including County) :
2322 6th Street
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
September 16, 2014 , that is in the principal amount of Seventy-
Four Thousand Nine Hundred Thirty One Dollars & 92/100
($74, 931. 92) 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 Number Four (4) and
the East One-half of Lot Number Five (E. ;4 of 5) in Block Number
One Hundred eighty-nine (189) of the City of Port Arthur,
Jefferson County, Texas, as the same appears upon the map or
plat thereof on file and of record in Volume 1, Page 49 , Map
Records of said County and state . (Also known as 2322 6th Street)
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