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HomeMy WebLinkAboutPR 11670: LIEN RELEASESI N T E R OFFICE MEMO To- From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney ~ ~ P. R. No. 11670 Council Meeting February 19, 2002 February 13, 2002 Attached is P.R. No. 11670 authorizing thc City Manager to do all things necessary to execute releases of liens (paving, labor & demolition) on certain lots owned by GABT Management, L.C., in Montrose Addition in the City of Port Arthur and to accept in return for the release of liens, deeds to lots 8 & 9, Block 8, Montrose Addition, to the City of Port Arthur. MTS/ts Attachment z.pr11670, memo INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING P.O. NO. 11670- LIEN RELEASES 02/12/02 RECOMMENDATION: I recommend that Proposed Resolution No. 11670 be approved authorizing the release of liens on 6 properties for the donation of two properties to the City. BACKGROUND: The owner of this property is proposing to sell this property to another person. The property has existing liens totaling approximately $1,844.79 (see attached). Four of the six liens appear to have been paid but the release was never filed with the County. The owner has offered to donate two one hundred-foot lots on Gizelle in exchange for the release of these liens. The property to be donated is valued at $1,460 on the most recent tax rolls. It is proposed to use this property in the Single Family New Construction Program. We have wanted property in the Montrose area for the New Construction Program for some time, but have been unable to find suitable property. These two 100 foot lots could be replatted, providing property for three new homes. BUDGETARY/FISCAL EFFECT: The value of the liens released is close to the value of the property received. STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend that Proposed Resolution No. 11670, authorizing the release of liens on 6 lots in Montrose for the donation of two lots to the City for use in the New Construction Program be approved. Memo To: Judy Rawls, First Assistant Attorney From: Nelva L. Jackson, Environmental Inspector Date: February If, 2002 Re: Liens to be Released This is the information you requested on the properties in question. 1. Lt 6 BIk 10 Montrose Addition - Paving Lien filed 9-20-72 in the amount of $200.00 Odginal not found - lien released and not filed with county clerk by owner. 2. Lt 6 BIk 10 Montrose Addition - Paving Lien filed 4-3-72 in the amount of $380.00 Original not found - lien released and not filed with county clerk by owner. 3. E 1/2 of Lt 2 BIk 3 Montrose Add. - Demolition Lien filed 3-25-96; amount - $1,697.00. Mrs. Thomas-Pierre informed me that in March of 2000, the City Attorney called regarding information on this lien considering release thereof then; however, no further information was given to her. Attorney is in possession of original lien. 4. El/2 of Lt 10 BIk 6 Montrose Addition - Labor Lien (Grass Cutting); Lien Amount - $71.90 Filed 9-9-88 Interest - $97.07 Original not found possibly released and not filed with county clerk by owner. 5. North 55' of the South 130' of Lt 5 BIk 11 Montrose - Paving Lien filed 9-20-72 $110.00 Original not found - lien released and not filed with county clerk by owner. 6. Lt 15 BIk 7 Montrose Addition - Labor Lien (Grass Cutting); Lien Amount -$139.42 Filed 7-25-2001 Interest -$8.37 Original found copy in your office. If any further infomation is needed regarding this matter, or if I can be of further assistance, please advise. cc Dale Watson, Director of Planning Beverly Freeman, Housing Administrator P. R. No. 11670 o2/~3/2oo2 - ju RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EXECUTE RELEASES OF LIENS (PAVING, LABOR, & DEMOLITION) ON CERTAIN LOTS OWNED BY GABT MANAGEMENT, L.C. IN MONTROSE ADDITION IN THE CITY OF PORT ARTHUR AND TO ACCEPT, IN RETURN FOR THE RELEASES OF LIENS, DEEDS TO LOTS 8 & 9, BLOCK 8, MONTROSE ADDITION, TO THE CITY OF PORT ARTHUR. WHEREAS, the Jefferson County Real Estate Records indicate that there are liens on certain lots in Montrose Addition as delineated in Exhibit A; and WHEREAS, the City records indicate that the City is not owed money for the paving liens that are delineated on Exhibit A; however, releases of the paving liens still need to be executed and filed of record; and WHEREAS, the City records indicate that a demolition lien in the amount of $1,697.00 on the E. 1/2 of Lot 2, Block 3 Montrose Addition has not been paid; and WHEREAS, City records indicate that a labor lien in the amount of $139.42 plus interest of $8.37 on Lot 15, Block 7, Montrose Addition has not been paid; and WHEREAS, the owner of the above-referenced property, GABT Management, L.C., is willing to deed the City Lots 8 & 9, Block 8, Montrose Addition, in the City of Port Arthur, in return for the City releasing the above-referenced liens; and z.pr11670 WHEREAS, the Director of Planning, Dale Watson, has conducted a site visit of Lots 8 & 9, Block 8, Montrose Addition in the City of Port Arthur and recommends acceptance of this property for use in the new construction program; and WHEREAS, it is the City's understanding that the City will receive clear title and warranty deeds to Lots 8 & 9, Block 8, Montrose Addition in the City of Port Arthur and that the City will not be responsible for any closing costs involved in the transaction with the exception of purchasing title insurance on these two tracts; and WHEREAS, the purchaser of the lots that the City is releasing liens on plans to put houses on the lots; and WHEREAS, the Council deems that releasing the liens and accepting the property is in the best interests of the City of Port Arthur. NOW THEREFORE, BE IT RESOLVED BYTHE 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 authorizes the City Manager to execute a release for each of thc liens (paving, demolition, and labor) described in Exhibit A, in a form substantially thc same as Exhibit B. Section 3. That the City Council authorizes the City Manager to accept warranty deeds in a form to be approved by thc City Attorney to Lots 8 & 9, Block 8, Montrosc Addition in thc City of Port Arthur in return for the City releasing the above- z.prl1670 referenced liens. .Section 4. That a copy of the caption of this Resolution bc spread upon the Minutes of thc City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Tcxas, by the following vote: AYE S: NOES: ATTEST: OSCAR ORTIZ, MAYOR JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY ITH S. RAWLS, FIRST ASSISTANT CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.pr11670 EXHIBIT "A" 1;):27 FAX 14097273954 PORT ARTHUR ABSTRACT l/C1 P21175S.! -wi~d $ made thai satisfactory r~le.~scs be obtained of'thc following: a. As to Lot 6 in Block 10 of Montrose: Paving Ordinance No. 72-30 dated 4-3-1972 filed . 9-20-1972 recorded in Vol. 1450 page 301 Mortgage and Lien Records of Jefferson, County, Texas, executed by the City of Port Arthur against John Beshara, being an assessment in the amount of $200.00. b. As to LOt 6 in Block 10 of Montrose: Paving Ordinance No. 72-2g dated 4-3-1972 filed 9-20-1972 recorded in Vol. 1450 page 310 Mortgage and Lien Records of Jefferson, County, Texas, executed by the City of Port Arthur against John Beshara, being an assessment m th amount of $380.00. c. As to the E. ~ of LOt 2 in Block 3 of Montrose: Affidavit of Demolition Lien dated 3-25- 1996 filed 3 -27-1996 under County Clexk's File No. 9608934 Official Public Records of Real Property Records of Jefferson County, Texas, executed by the City of Port Arthur against the Estate of Lillie Sassine. d. As to the Fast ½ of Lot l0 in Block 6 of Montrose: Labor Lien dated 9-9-1988 filed 9-23- 1988 under County Clerk's Film CodeNo. 102-42-0272 Real Property Records of Jefferson County, Texas, executed by the City of Port Arthur against Lillie 8assine, being an assessment in the ~rnount of $71.90. e. As to the North 55' of the S- 130' of Lot 5 in Block 11 of Montrose: Paving Ordinance No. 72-28 dated 4-3-1972 filed 9-20-1972 recorded in Vol. 1450 page 310 Mortgage and Lien Records of Jefferson, County, Texas, executed by the City of Port Arthur against John Beshara, being an assessment in the amount of$110.00. f. As to LOt 15 in Block ? of Montrose: Labor Lien dated 7-2-2001 filed 7-25-2001 under County Clerk's File No. 2001026529 Official Public Records of Real Property of Jefferson County, Texas, executed by the City of Port Arthur against GABT Management, LC, being an assessment i~ the amount of $139.42. EXHIBIT "B" RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under thc laws of thc State of Texas, has heretofore been thc owner and holder of a lien or liens upon and against thc property described below; said lien or liens being more particularly described as follows: As to Lot 6 in Block 10 of Montrose Addition: Paving Ordinance No. 72-30 dated 4-3-72 Lien filed 9-20-72 recorded in Vol. 1450 page 301 Mortgage and Lien Records of Jefferson County, Texas, executed by the City of Port Arthur against John Beshara, being an assessment in the amount of $200.00. For due and fair consideration, the City hereby releases the above-described licn herctofore existing against such property. IN WITNESS WHEREFORE, the City of Port Arthur has caused by these prcscnts to be executed by thc City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Stroder, this __ day of ., A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fitzgibbons, City Manager Jan Stroder, Acting City Secretary z.release_lien.montmse 1 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF JEFFERSON BEFORE ME, the tmdersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, 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 deeds of the City of ?orr Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z.release_lien.montrose 1 RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under thc laws of the State of Texas, has heretofore been the owner and holder of a lien or liens upon and against thc property described below; said lien or liens being more particularly described as follows: As to Lot 6 in Block 10 of Montrose Addition: Paving Ordinance No. 72-28 dated 4-3-72 Lien filed 9-20-72 recorded in Vol. 1450 page 310 Mortgage and Lien Records of Jefferson, County, Texas, executed by the City of Port Arthur against John Bcshara, being an assessment in the amount of $380.00. For duc and fair consideration, the City hereby releases thc above-described lien heretofore existing against such property. IN WITNESS WHEREFORE, the City of Port Arthur has caused by these presents to be executed by the City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Strodcr, this __ day of , A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fitzgibbons, City Manager Jan Strodcr, Acting City Secretary z.release_lien.montr0se2 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, 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 deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z.release_lien, montrose2 RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under thc laws of the State of Texas, has heretofore been the owner and holder of a lien or liens upon and against thc property described below; said lien or liens being more particularly described as follows: As to E 1/2 Lot 2 in Block 3 of Montrosc Addition: Affidavit of Demolition Lien dated 3-25-96 filed 3-27-96 under County clerk's File No. 9608934 Official Public Records of Real Property Records of Jefferson County, Texas, executed by the City of Port Arthur against the Estate of Lillie Sassine in the amount of $1,697.00. For due and fair consideration, the City hereby releases thc above-described lien heretofore existing against such property. IN WITNESS WHEREFORE, the City of Port Arthur has caused by these presents m be executed by the City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Sttodcr, this __ day of , A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fitzgibbons, City Manager Jan Stroder, Acting City Secretary z.release_lien.montrose3 THE STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, City Manager of the City of Port Arthur, known to mc to be thc person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z.release_lien.montr0se3 RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under the laws of thc State of Texas, has heretofore been the owner and holder of a lien or liens upon and against thc property described below; said lien or liens being more particularly described as follows: As to E V2 Lot 10 in Block 6 of Montrose Addition: Labor Lien (grass cutting) dated 9-9-88 filed 9-23-88 under County clerk's Film Code No. 102- 42-0272 Real Property Records of Jefferson County, TX, executed by the City of Port Arthur against Lillie Sassinc, being an assessment in the amount of $71.90. For due and fair consideration, the City hereby releases the above-described lien heretofore existing against such property. IN WITNESS WHEREFORE, the City of Port Arthur has caused by these presents to be executed by the City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Stroder, this __ day of , A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fitzgibbons, City Manager Jan Stroder, Acting City Secretary z.release_lien.montr0se4 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, 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 deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z.release_lien.m0ntr0se4 RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under thc laws of thc State of Texas, has hcrctoforc been the owner and holder of a lien or liens upon and against the property described below; said lien or liens being morc particularly described as follows: As to North 55' of thc South 130' of Lot 5 in Block 11 of Montrosc Addition: Paving Ordinance No. 72-28 dated 4-3-72 Lien filed 9-20-72 recorded in Vol. 1450 page 310 Mortgage and Lien Records of Jefferson, County, Texas, executed by the City of Port Arthur against John Beshara, being an assessment in the amount of $110.00. For due and fair consideration, thc City hereby relcascs the above-describcd lien hcrctofore existing against such property. IN WITNESS WHEREFORE, thc City of Port Arthur has caused by these presents to be executed by the City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Stroder, this __ day of , A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fimgibbons, City Manager Jan Strodcr, Acting City Secretary z.release_lien.montrose5 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF JEFFEKSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, 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 deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z.release_lien.montrose5 RELEASE OF LIENS THE STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, the City of Port Arthur, a Municipal Corporation duly organized under the laws of the State of Texas, has heretofore been the owner and holder of a lien or liens upon and against thc property described below; said lien or liens being more particularly described as follows: As to Lot 15 in Block 7 of Montrosc Addition: Labor Lien (grass cutting) dated 7-2-01 filed 7-25-01 under County Clerk's File No. 2001026529 Official Public Records of Real Property of Jefferson County, Texas, executed by the City of Port Arthur against GABT Management LC being an assessment in the amount of $139.42. For due and fair consideration, the City hereby releases the above-described lien heretofore existing against such property. IN WITNESS WHEREFORE, the City of Port Arthur has caused by these presents to be executed by thc City Manager, Stephen Fitzgibbons, duly authorized, and attested by its Acting City Secretary, Jan Stroder, this __ day of , A.D., 2002. THE CITY OF PORT ARTHUR ATTEST: By: Stephen Fitzgibbons, City Manager Jan Stroder, Acting City Secretary z.release_lien.montrose6 ACKNOWLEDGMENT THE STATE OF TEXAS COUN ,TY OF JEFFERSON BEFORE ME, the undersigned Notary Public, on this day personally appeared Stephen Fitzgibbons, 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 deeds of the City of Port Arthur, for the purposes and considerations therein expressed, and in the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ ,2002. day of NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS AFTER RECORDING RETURN TO: City of Port Arthur City Attorney P. O. Box 1089 Port Arthur, Texas 77641-1089 z. release_lien, montrose6