The URL can be used to link to this page

Home My WebLink AboutPO 6442: SPECIAL WARRANTY DEED TO THE ESTATE OF PAT WOOD P.O. No. 6442 02/24/15 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED TO THE ESTATE OF PAT WOOD, JR. AS IT PERTAINS TO THE PROPERTY LOCATED AT PLEASURE PIER SEA CABINS, BUILDING B, PHASE II . 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 317, Building B, Phase II was transferred to the current owner Pat Wood, Jr. via the ninety-nine year lease; and WHEREAS, there is now a prospective buyer for Unit 317 ; 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 the Estate of Pat Wood, Jr. , 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 the Estate of Pat Wood, Jr. 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 March A.D. , 2015 , 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: s.po6442 Sherri Bellard, City Secretary APPROVED AS TO FORM: \41-, Val Tizeno, it : ttor4 APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager s.po6442 1 EXHIBIT "A" s.po6442 SPECIAL WARRANTY DEED Date: day of , 2015 Grantor: City of Port Arthur Mailing Address (including county): 444 4th Street Port Arthur, Texas 77640 (Jefferson County) Grantee: Estate of Pat Wood, Jr. Grantee's Mailing Address (including county): 3207 Walnut Creek Ct Bryan, Texas 77807-4852 Consideration: $10.00 and other good and valuable consideration. Property (including any improvements): That certain apartment designated as Unit 317, in Building "B" PHASE II, PLEASURE PIER SEA CABINS, a condominium project in Port Arthur, Jefferson County, Texas, including the patio space and the carport assigned thereto and an undivided interest in the common elements thereof, according to the Condominium Declaration and By-Laws which are recorded in Vol. 9, Page 309 and the Plat thereof being recorded in Vol. 2,Page 163,all in the Condominium Records of Jefferson County, Texas, which property is conveyed subject to the provision of the Condominium Act of the State of Texas, which act is incorporated herein and made a part hereof by reference and the provisions, easements, agreements, covenants, restrictions, limitations and conditions contained in and set out in Declaration and By-Laws, and also subject to all easements, restrictions, reservations and conditions otherwise appearing of record and affecting the project tract of land or any part thereof 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 Brian McDougal CITY MANAGER STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on day of , 2015 by Brian McDougal, 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