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Home My WebLink AboutPO 5789: SETEX INTERFAITH P. O. No. 5789 09/07/07 ts/dw ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARP~%/gTY DEED OF PROPERTY TO SOUTHEAST TEXAS INTERFAITH ORGANI ZAT I ON WHEREAS, chartered as decent, and Southeast Texas Interfaith Organization (SETIO) was a Texas Non-profit corporation to provide safe, and affordable housing to low and moderate income families; WHEREAS, Section 272.001(g) of the Local Government Code provides that a municipality may convey land to an entity for the development of low or moderate income conveyance serves a public purpose; and WHEREAS, the City Council wishes to convey one delineated in Exhibit "A" to SETIO; and WHEREAS, this conveyance is hereby authorized subject to the following conditions: 1. The sale price shall be One ($1.00) Dollar. 2. o housing provided that the vacant lot, and shall be Southeast Texas Interfaith Organization shall hold title to the lot up to and until the construction of the house. After the construction is complete, title will be transferred to a low or moderate homebuyer at no cost. Southeast Texas Interfaith Organization must maintain the property until it is conveyed to a low or moderate income homebuyer. Should the home not be constructed by December 31, 2008, the property shall automatically revert back to the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY NOW THEREFORE, OF PORT ARTHUR: Z .po5789 Section 1. true and correct. Section 2. That the facts and opinions in the preamble are That the City Council herein authorizes the City Manager to convey the real property, listed in Exhibit "A", to Southeast Texas Interfaith Organization for the purposes as delineated in the Low and Moderate Income Homebuyers Assistance Program, and in substantially the same form as delineated in Exhibit ~B". Section 3. That Southeast Texas Interfaith Organization agrees by signing this Ordinance that if the home is not constructed by December 31, 2008, the property will automatically revert to the City of Port Arthur. Section 4. That Southeast Texas Interfaith Organization will sign this Ordinance agreeing to the terms and conditions therein. 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 A.D., 2007, at a Council Meeting of the Port Arthur, AYES: Mayor __ day of City Council of Texas, by the following vote: the City of City Council NOES: z .po5789 DELORIS ~BOBBIE" PRINCE, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER AGREED TO: SOUTHEAST TEXAS INTERFAITH ORGANIZATION BY: PRINTED NAME TITLE z.po5789 EXHZBZT "A" PROPERTY DESCRIPTION THE EAST TWENTY-FIVE FEET OF LOT NUMBER FOUR (E. 25' OF 4) AND ALL OF LOT NUMBER FIVE (5) IN BLOCK NUMBER TWO (2) EDGEPORT ADDITION TO THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, AS THE SAME APPEARS UPON THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN VOL. 4 PAGE 163 MAP RECORDS OF JEFFERSON COUNTY, TEXAS. EXHIBIT "B" SPECIAL WARRANTY DEED Date: September: 2007 Grantor:. City Of Port Arthur, Texas Grentor's Mailing Address (inoluding County): P. O. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77640 Grantee:Southeast Texas Interfaith Organization Grantee's Mailing Address (including County): 3617 Gulfway Drive Port Arthur, Texas 77640 Jefferson County CONSIDERATION: That the City Manager of the City of Port Arthur, Texas, Steve Fitzgibbons, for and in consideration of the sum of One and No/100 Dollars ($1.00) and other good and valuable consideration as denoted in Ordinance No., , to the undersigned in hand paid by the grantor 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 Southeast Texas Interfaith Organization. PROPERTY (including any improvement): THE EAST TWENTY-FIVE FEET OF LOT NUMBER FOUR (E. 25' OF 4) AND ALL OF LOT NUlVIBER FIVE (5) IN BLOCK NUMBER TWO (2) EDGEPORT ADDITION TO THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, AS THE SAME APPEARS UPON THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN VOL. 4 PAGE 163 MAP RECORDS OF JEFFERSON COUNTY, TEXAS. RESERVATION8 FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, rights-of-way, restrictions, covenants, and conditions as denoted in Ordinance No. 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 dghta 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 Grantee's Heirs, executors, administrators, and successors to warrant and forever defend all and singular the properly 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. 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 '%vith 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 wriffen, 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 assertion with respect to the condition, but is relying on Grantee's examination of the property. By Grantee's acceptance of this deed, Grantee represents that Grantee has made or has had the opportunity to make all inspections of the property to determine its value and condition deemed necessary or appropriate by Grantee, including, without limitation, inspections for the presence of hazardous materials, as defined by Federal or State law or regulation, wetlands, as defines by Federal or State law or regulation, or any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U. S. Fish and Wildlife Service or by other Federal or State law. Executed on the , day of , A.D., 2007. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons, City Manager APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: CITY SECRETARY Return to: Original to Grantee: Southeast Texas Interfaith Organization 3617 Gulfway Drive Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Housing Assistance Division A.A.A. 4th Street Room 203 Annex Port Arthur, TX 77640