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Home My WebLink AboutPO 6487: SPECIAL WARRANTY DEED, LOW TO MODERATE INCOME RESIDENTS, HURRICANE IKE HOUSING RECONSTRUCTION PROGRAM THROUGH (TDHCA) INTEROFFICE MEMORANDUM .i' DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF HOUSING AND NEIGHBORHOOD REVITALIZATION Date: August 26, 2015 To: Brian McDougal, City Manager From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization Re: P.O. 6487 Nature of Request: The Housing Division recommends the City Council authorize the adoption of P.O. No. 6487 conveying the City owned property located at 749 Roosevelt Avenue, TR 1-A Replat Lots 1 & 2, Block 5, Pekin Addition, to Bernice Harmon, a Hurricane Ike Program participant. Staff Analysis/Considerations: The Port Arthur Resident suffered extensive damage to her home during Hurricane Ike in September 2008. The resident is qualified through Texas Department of Housing and Community Affairs (TDHCA) to have a new home built. The family currently resides on a lot that is substandard/undersized and is in need of a lot that is in compliance with the City Codes. Recommendations: The Housing Division recommends the City Council authorize the adoption of P.O. No. 6487 conveying the City owned property located at 749 Roosevelt Avenue, TR 1-A Replat Lots 1 & 2, Block 5, Pekin Addition , to Bernice Harmon, a Hurricane Ike Program participant. Budget Consideration: N/A P 0 6487 P. O. No . 6487 08/26/15 BF/DF ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO A LOW AND MODERATE INCOME RESIDENT OF THE CITY WHO IS PARTICIPATING IN THE HURRICANE IKE 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 or 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 749 Roosevelt Avenue, TR 1-A Replat Lots 1 & 2 'Block 5, Pekin Addition, to Bernice Harmon 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 P 0 6487 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 . SECTION 2 . That the City Council herein authorizes the City Manager to convey the real property located at 749 Roosevelt Avenue, in substantially the same form as listed in Exhibit "A", in a Special Warranty Deed to Bernice Harmon. 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 Bernice Harmon as a low and moderate income resident and shall provide new construction of his home. 3 . Should the home or homes not be constructed by December 1, 2015, the property shall revert back to the City. SECTION 4 . That Bernice Harmon agrees by signing this Ordinance to accept the City owned property located at 749 Roosevelt 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 P06487 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 , 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 : NOES : MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APP' • D )RM: V7L TIZENO, 'ITY ,TTORNEY APPROVED FOR AD NISTRATION: BRIAN MCDOUGAL, CITY MANAGER AGREED TO: Bernice Harmon BY: PRINTED NAME : Bernice Harmon P06487 EXHIBIT " A " SPECIAL WARRANTY DEED Date: , 2015 Grantor: City Of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. 0. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee : Bernice Harmon Grantee' s Mailing Address (including County) : 649 Dunbar Avenue Port Arthur, Texas 77640 Jefferson County 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 Bernice Harmon. PROPERTY (INCLUDING ANY IMPROVEMENT) : TR 1-A REPLAT LOTS 1 & 2 BLOCK 5, PEKIN ADDITION, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 749 ROOSEVELT 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 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 P06487 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, CITY OF PORT ARTHUR BY: Brian McDougal, City Manager ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED TO AS TO FORM: VAL TIZENO, CITY ATTORNEY P 0 6487 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 k 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: BERNICE HARMON ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Bernice Harmon, 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 Return Original to Grantee: Bernice Harmon 111 10th Street Port Arthur, Texas 77640 Copy to Grantor: City of Port Arthur Attn: Housing P. 0. Box 1089 Port Arthur, Texas 77640 P 0 6487