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HomeMy WebLinkAboutPO 5250: TRES CABALLEROSINTER OffiCE MEMO To: From: Subject: Date: Mayor, City Council & City Manager Mark T. Sokolow, City Attorney /~...~ ~ P. O. No. 5250 Council Meeting March 19, 2002 March 14, 2002 Attached is P. O. No. 5250 authorizing the City Manager and the City Attorney to transfer property (Parcels 2.1 and 2.3 of Block 152) to the Port Arthur Section 4A Economic Development Corporation for the Tres Caballeros Project. (Requested by Mayor Ortiz). A legal description of these parcels will be added for Exhibit UA-l" to the deed. MTS/ts Attachment z.po5250.memo P.O. No. 5250 03/14/02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TRANSFER PROPERTY (PARCELS 2.1 AND 2.3 OF BLOCK 152) TO THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION FOR THE TRES CABALLEROS PROJECT (REQUESTED BY MAYOR ORTIZ) WHEREAS, the City owns lots (Parcels 2.1 and 2.3 of Block 152) described as in Exhibit "A" and adjacent to Procter Street; and WHEREAS,. the City desires to transfer this property to the Port Arthur Section 4A Economic Development Corporation for the Tres Caballeros Project; and WHEREAS, the conveyance will comply with 5.022 Property Code; and WHEREAS, the consideration for the transfer will be the creation of jobs as a result of the Tres Caballeros Project. 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 Manager and the City Attorney are herein authorized to deed the tracts described in Exhibit "A" to the Port Arthur Section 4A Economic Development Corporation pursuant to Section 253.009, 253.010 and 253.011 Local Government Code in substantially the same form as attached as Exhibit "B". Section 3. That the City finds that the transfer of this property to the Port Arthur Section 4A Economic Development Corporation will primarily promote a public service of the City. Section 4. That the ownership of the property will revert to the City if it is not used as described in the project description of Tres Caballeros as approved by Resolution No. 02-23. zpo5250 Section 5. That the Port Arthur Section 4A Economic Development Corporation shall sign this ordinance agreeing to the terms hereof. That a copy of the caption of this Ordinance be spread upon the Minutes of the Section 6. City Council. READ, ADOPTED AND APPROVED on this day of Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council _,A.D.,2002,~a NOES: OSCAR ORTIZ, MAYOR ATTEST: JAN STRODER, ACTING CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER AGREED TO: PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION zpo5250 EXHIBIT "A" .E"llgOl,~ cv EXHIBIT "B" SPECIAL WARRANTY DEED Date: March 14, 2002 Grantor: City of Port Arthur Grantor's Mailing Address (including County): P.O. Box 1089, Port Arthur, Jefferson County, Texas, 77641 Grantee: Port Arthur Section 4A Economic Development Corporation Grantee's Mailing Address (including County): 444 4th Street Port Arthur, TX 77640 Jefferson County, Texas CONSIDERATION: For the creation of jobs as described in the Tres Caballeros project approved by Resolution No. 02-23. The creation of jobs is considered a public purpose. Pursuant to Section 253.011 Local Government Code, the ownership of these tracts will automatically revert to the City if the Section 4A Economic Development Corporation fails to use this property for this public purpose. PROPERTY (including any improvement): described in Exhibit "A-I". Parcels 2.1 and 2.3 of Block 152 as RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance is made expressly subject to all easements, fights-of-way, restrictions, covenants, and conditions 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 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 heim, 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. z.lotl6_blkl.deed Executed on the __ day of A.D., 2002. GRANTOR, CITY OF PORT ARTHUR By: Steve Fitzgibbons City Manager APPROVED TO AS TO FORM: CITY ATTORNEY ATTEST: ACTING CITY SECRETARY Original to Grantee: Port Arthur Section 4A Economic Development Corporation 444 4th St. Port Arthur, TX 77640 Copy to Grantor: City of Port Arthur P. O. Box 1089 Port Arthur, TX 77641 z.lotl6 blkl.deed ACKNOWLEDGMENT THE STATE OF TEXAS: COUNTY OF JEFFERSON. BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, City Manager of the City of Port Arthur, known to me to be the person whose name is described 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 considerations therein expressed, and thc capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE __ ., A.D., 2002. day of NOTARY PUBLIC, STATE OF TEXAS z.lotl6_blkl.deed