HomeMy WebLinkAboutPO 6472: CONVEYANCE OF CITY OWNED PROPERTY /lit
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: June 17, 2015
To: Brian McDougal, City Manager
Mayor and City Council
From: Beverly Freeman, Acting Director of Housing and Neighborhood
Revitalization
RE: P.O.NO. 6472—Authorizing the conveyance of City owned
property.
Nature of the request:
The Housing Division recommends the City Council authorize the adoption of
P.O. No. 6472, conveying the City owned property located at 909 Welford
Avenue (A.K.A. Tract 8-A, 0.2410 Acre of Land, Replat of all of Lots 8, 9 and
10, Block 8, Pekin Addition) to Katherine Brown, a Hurricane Ike Program
participant.
Staff Analysis/Considerations:
The Port Arthur resident suffered extensive damage to her home in 2008, as a
result of Hurricane Ike. The resident has been qualified through Texas
Department of Housing and Community Affairs (TDHCA) to have a new home
built under the Hurricane IKE Housing Reconstruction Program. The family
currently resides on a lot that is substandard/undersized in accordance with
Section 10-200 of the Code of Ordinances and is in need of a lot that is in
compliance with City Code.
Recommendation:
The Housing Division recommends the City Council authorize the adoption of
P.O. No. 6472, conveying City owned property located at 909 Wellford Avenue
"Remember we are here to serve the Citizens of Port Arthur"
P.O.BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743
(A.K.A. Tract 8-A, 0.2410 Acre of Land, Replat of all of Lots 8, 9 and 10, Block
8, Pekin Addition) to Katherine Brown, a Hurricane Ike Program participant.
Budget Consideration:
None
P.O.NO.6472
06/17/15 BF/DF
PAGE 1 OF 11
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR CONVEYANCE OF PROPERTY TO A LOW TO MODERATE
INCOME RESIDENT OF THE CITY WHO IS PARTICIPATING IN
THE HURRICANE IKE ROUND TWO HOUSING
RECONSTRUCTION PROGRAM THROUGH THE TEXAS
DEPARTMENT OF HOUSING&COMMUNITY AFFAIRS(TDHCA)
WHEREAS, Section 272.001(g) of the Local Government Code provides that a municipality may
convey land for the development of low and moderate income housing provided that the conveyance serves a
public purpose; and,
WHEREAS,the existing lot owned by the person/family included herein was found unsuitable for
construction as delineated in Section 10-200 of the Code of Ordinances; and,
WHEREAS, the City Council wishes to convey the City owned vacant lot located at 909 Welford
Avenue(A.K.A. Tract 8-A, 0.2410 Acre of Land,Replat of all of Lots 8,9 and 10,Block 8,Pekin Addition)
to Katherine Brown in furtherance of disaster recovery; and,
WHEREAS, Texas Department of Housing & Community Affairs (TDHCA) CDBG Disaster
Recovery Program is providing the homes under a program utilizing federal funds awarded to the State of
Texas to assist persons whose homes were damaged by Hurricane IKE and the homes shall be reconstructed at
no cost to the residents; and
WHEREAS,the conveyance of this lot will promote the public purposes of maintaining high quality
safe housing and returning persons displaced by Hurricane IKE to permanent housing as delineated in Section
10-200 of the Code of Ordinances.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
SECTION 1. That the facts and opinions in the preamble are true and correct.
P.O.NO.6472
06/17/15 BF/DF
PAGE 2 OF 11
SECTION 2. That the City Council herein authorizes the City Manager to convey the real property
located at 909 Wellford Avenue in substantially the same form as listed in Exhibit"A",in a Special Warranty
Deed to Katherine Brown.
SECTION 3. That this conveyance is hereby authorized and shall be subject to the following
conditions:
1 . The sale price for the lots shall be Ten and no/100 ($10.00) Dollars.
2 . Southeast Texas Regional Planning Commission has identified Katherine Brown as a
low to moderate income resident and shall provide new construction of her home.
3 . Should the home not be constructed by September 1, 2015,the property shall revert
back to the City.
SECTION 4. That Katherine Brown agrees by signing this Ordinance to accept the City owned
property located at 909 Wellford Avenue.
SECTION 5. If for any reason, TDHCA does not agree to construct the home under the disaster
recovery program on this lot so transferred,and require that,while living,the transferee maintain at least three
years of consecutive residency from the time of the completion of the dwelling built on this lot,the City shall
have a right to void the transfer and take any improvements on the lot.
SECTION 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED on this day of June, A.D., 2015, at the Regular
Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES:
Mayor:
City Council:
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 3 OF 11
Debris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED FOR FORM:
I1A, L 4
Valecia"Val" TilO,4111prney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
AGREED TO:
Katherine Brown
BY:
PRINTED NAME: Katherine Brown
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 5 OF 11
SPECIAL WARRANTY DEED
Date: , 2015
Grantor: City Of Port Arthur, Texas
Grantor's Mailing Address (including County):
P. O. Box 1089,
Port Arthur, Texas,
Jefferson County, Texas 77641-1089
Grantee: Katherine Brown
Grantee's Mailing Address (including County):
1014 Welford
Port Arthur, Texas 77640
Jefferson County, Texas 77640-4743
CONSIDERATION: That the City Manager of the City of Port Arthur,Texas,Brian McDougal,for
and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration and under the terms as denoted in Ordinance No. 15-_to the undersigned in hand paid by the
Grantee 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 Katherine Brown.
SEE ATTACHED LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
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 in Ordinance No. 15-_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 the 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
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 6 OF 11
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.
Executed on the day of ,A.D.,2015.
GRANTOR,
CITY OF PORT ARTHUR
BY:
Brian McDougal, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED TO AS TO FORM:
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 7 OF 11
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian
McDougal, City Manager of the City of Port Arthur, known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed
of the City of Port Arthur, for the purposes and consideration therein expressed, and the capacities therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of
, 2015.
Notary Public, State of Texas
AGREED TO AND ACCEPTED ON this the day of , 2015.
GRANTEE:
BY:
KATHERINE BROWN
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared
Katherine Brown, known to me to be the person whose name is subscribed to the foregoing instrument.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of
, 2015.
Notary Public, State of Texas
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 9 OF 11
TRACT 8-A
0.2410 ACRE OF LAND
REPLAT OF ALL OF LOTS 8, 9 AND 10,
BLOCK 8, PEKIN ADDITION,
CITY OF PORT ARTHUR
JEFFERSON COUNTY,TEXAS
BEING 0.2410 acre of land, Replat of all of Lots 8, 9 and 10, Block 8,Pekin Addition,
City of Port Arthur, recorded in Volume 4, Page 41, Map Records, Jefferson County,
Texas; said 0.2410 acre being more fully described by metes and bounds as follows to
wit:
COMMENCING at a ''/2" steel rod found on the intersection of the South right of way
line of a dedicated named West 10t" Street and the West right of way line of a dedicated
road named. Wellford Avenue; said ''/2" steel rod being the Northeast corner of Lot 1,
Block 8, Pekin Addition; having a State Plane Coordinate of N: 13895429.08, E:
3567803.93;
THENCE, South 53 deg., 44 min., 35 sec., East (Called South 48 deg., 47 min., 00 sec.,
East), on the West right of way line of said Wellford Avenue, a distance of 174.89'
(Called 175.00') to a '/2" steel rod, capped and marked "SOUTEX", set for the POINT
OF BEGINNING; said 'A" steel rod being a common corner of Lots 7 and 8, Block 8;
also being the Northeast corner of the herein described tract; having a State Plane
Coordinate of N: 13895325.64. E: 3567944.96;
THENCE, South 53 deg., 44 min., 35 sec., East(Called South 48 deg., 47 min., 00 sec.,
East), continuing on the West right of way line of said Wellford Avenue, a distance of
74.97' (Called 75.00') to a %2" steel rod, capped and marked "SOUTEX", set for a
common corner of Lots 1.0 and 11, Block 8; said '/2" steel rod being the Southeast corner
of the herein described tract; from which a ''/2" steel pipe found for the Northeast corner
of Lot 1, Block 7, Pekin. Addition on the intersection of the Southright of way line of a
dedicated road named West Ninth Street and the West right of way line of said Wellford.
Avenue bears South 53 deg., 44 min., 35 sec., East (Called 48 deg., 47 min., 00 sec.,
East),a distance of 109.98' (Called 1.10.00');
THENCE, South 36 deg., 15 min., 25 sec., West (Called South 41 deg., 13 min., 00 sec.,
West) on the common line of said.Lots 10 and 11, a distance of 140.00' to a '/2"steel rod,
capped and marked "SOUTEX", set for a common corner of said Lots 10 and 11 on the
East line of a 20' wide alley; said '/2" steel rod being the Southwest corner of the herein
described tract;
THENCE. North 53 deg., 44 min., 35 sec., West(Called North 48 deg., 47 min., 00 sec..
West), on the East line of said 20' wide alley, same being the West line of said Lots 8, 9
and 10, a distance of 74.97' (Called 75.00') to a `/2" steel rod, capped and marked
"SOUTEX", set for a common corner of said Lots 7 and 8; said '/2' steel rod being the
Northwest corner of the herein described tract;
•
THENCE, North 36 deg.. 15 min., 25 sec., East (Called North 41 deg., 13 min., 00 sec.,
East), on the common line of said Lots 7 and 8, a distance of 140.00' to the POINT OF
BEGINNING and containing 0.2410 acre of land,more or less.
P 0 6472
P.O.NO.6472
06/17/15 BF/DF
PAGE 10 OF 11
Note: Bearings, distances, coordinates and acreage shown are based on State Plane
Coordinate Grid System, Texas South-Central Zone,NAD 83.
Scale Factor= 0.999909564, Convergence Angle =02 deg., 28 min., 22 sec.
Reference Monument=NGS AJ8221.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional. Land Surveyor No. 5481, on July 11, 2014..
City of Port Arthur
LS-1.4-0453
P.O.NO.6472
06/17/15 BF/DF
PAGE 11 OF 11
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