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Home My WebLink AboutPR 19086: PROPERTY DONATION FROM LILLIE MAE POLIDORE INTEROFFICE MEMORANDUM City of girt rti; r Thxus INTEROFFICE MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF HOUSING & NEIGHBORHOOD REVITALIZATION DATE: JULY 28, 2015 TO: BRIAN MCDOUGAL, CITY MANAGER h ^ FROM: BEVERLY A. FREEMAN, ACTING DIRECTOR OF HOUSING & NEIGHBORHOOD A'" REVITALIZATION RE: P.R. 19086 ACCEPTANCE OF PROPERTY LILLIE MAE POLIDORE NATURE OF REQUEST: The Housing Division recommends that City Council adopt Proposed Resolution No. 19086 authorizing the acceptance of the real property from Lillie Mae Polidore, Lot Two (2) in Block Fourteen (14) of Pekin Addition, an addition to the City of Port Arthur in Jefferson County, Texas, according to the map or plat thereof recorded in/under Volume 4, Page 41 of the Map/Plat Records of Jefferson County, Texas. STAFF ANALYSIS CONSIDERATIONS: Southeast Texas Regional Planning Commission has approved Ms. Polidore to participate in the Ike Round 2.2 Program. Ms. Polidore is currently residing at 847 Herget Avenue, Port Arthur, Texas. The U.S. Department of HUD has designated Foley Avenue and Herget Avenue as a blast zone area because of the close proximity to the refinery; therefore, housing assistance cannot be provided in the Foley/Herget area, which HUD has declared as greenspace. Under this HOP program, the City of Port Arthur has no authority to require the participant to choose a HOP property in Port Arthur. The participant can choose to HOP from property available in any city in the region. As such, Ms. Polidore has decided to relocate to available HOP property in Groves, Texas. The HOP program is administered by the Southeast Texas Regional Planning Commission, which will fully fund the construction of her new home. As required under the program, Ms. Polidore will convey her property at 847 Herget Avenue to the City of Port Arthur. RECOMMENDATIONS: The Housing Division recommends that City Council adopt Proposed Resolution NO. 19086 authorizing the acceptance of the real property from Lillie Mae Polidore, Lot Two (2) in Block Fourteen (14) of Pekin Addition, an addition to the City of Port Arthur in Jefferson County, Texas, according to the map or plat thereof recorded in/under Volume 4, Page 41 of the Map/Plat Records of Jefferson County, Texas. BUDGET CONSIDERATION: NA Pr19086 P.R. No . 19086 7/28/15 BF/DF RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE REAL PROPERTY DONATION FROM LILLIE MAE POLIDORE LOCATED AT 847 HERGET AVENUE . WHEREAS, Lillie Mae Polidore wishes to donate her property to the City that is located at 847 Herget Avenue, being Lot Number Two (2) , in Block Number Fourteen (14) of Pekin Addition, in substantially the same form hereto attached as Exhibit "A"; and WHEREAS, the U. S. Department of Housing and Urban Development has designated the Foley and Herget area as a blast zone because of the close proximity to the refinery; and WHEREAS, Housing assistance cannot be provided in the Foley/Herget area which the property herein donated can only be used as greenspace; and WHEREAS, Lillie Mae Polidore has been approved to participate in the IKE Round 2 . 2 Program and will be fully funded for new construction of her home by Southeast Texas Regional Planning Commission; WHEREAS, Ms. Polidore qualified for the HOP program and will be relocating to Groves, Texas; and WHEREAS, contingent on clear title, it is in the best interest of the citizens of Port Arthur that the City accept the donation; and, Pr19086 WHEREAS, It is noted the property can only be used for greenspace. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: SECTION 1 . That the facts and opinions in the preamble are true and correct. SECTION 2 . That the City Council herein authorizes the City Manager to accept the real property donation located at 847 Herget Avenue from Lillie Mae Polidore, being Lot Two (2) , Block Fourteen ( 14 ) , Pekin Addition, in substantially the same form as attached as Exhibit "A" . SECTION 3 . That it is noted the property can only be used for greenspace. SECTION 4 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of A. D. , 2015, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : Mayor: Councilmembers : NOES: MAYOR Pr19086 ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED FOR FORM: \ 1/ C� VAL TIZ 0, CITY ATTORNE APPROVED FOR ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER Pr19086 EXHIBIT " A " SPECIAL WARRANTY DEED Date: , 2015 Grantor: Lillie Mae Polidore Grantor' s Mailing Address (including County) : 847 Herget Avenue Port Arthur, Texas 77640 Grantee: City of Port Arthur Grantee' s Mailing Address (including County) : P.O. Box 1089 Port Arthur, Texas 77641 Jefferson County CONSIDERATION: That Lillie Mae Polidore for and in consideration of the sum of Ten and No/100 Dollars ($10 . 00) and other goods and valuable consideration 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 City of Port Arthur. PROPERTY (including any improvement) : LOT TWO (2) , IN BLOCK FOURTEEN (14) , OF PEKIN ADDITION, AN ADDITION TO THE CITY OF PORT ARTHUR IN JEFFERSON COUNTY, TgXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN/UNDER VOLUME 4, PAGE 41 OF THE MAP/PLAT RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 847 HERGET 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 Pr19086 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 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, LILLIE MAE POLIDORE Pr19086 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared LILLIE MAE POLIDORE 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 , 2013 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2015. GRANTEE : City of Port Arthur BY : Brian McDougal , City Manager 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 Pr19086 Return to: Original to Grantee: City of Port Arthur P 0 Box 1089 Housing Division Beverly Freeman Port Arthur, Texas 77641 Copy to Grantor: Lillie Mae Polidore 847 Herget Avenue Port Arthur, Texas 77640 Pr19086