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Home My WebLink AboutPO 6526: SPECIAL WARRANTY DEED, LOW OR MODERATE INCOME, HURRICAN IKE HOUSING RECONSTUCTION PROGRAM INTEROFFICE MEMORANDUM DEPARTMENT OF DEVELOPMENT SERVICES "''u DIVISION OF HOUSING AND NEIGHBORHOOD REVITALIZATION Date: February 1, 2016 To: Brian McDougal, City Manager From: Beverly Freeman, Director of Housing and Neighborhood Revitalization Re: P.O. No. 6526 Nature of Request: The Housing Division recommends the City Council authorize the adoption of P.O. No. 6526 conveying the City owned property located at 739 Harding Avenue, Lot 2, Block 29, Brice Addition, City of Port Arthur, to Jimmie Williams, 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. 6526 conveying City owned property located at 739 Harding Avenue, Lot 2, Block 29, Brice Addition, City of Port Arthur, to Jimmie Williams, a Hurricane Ike Program participant. Budget Consideration: N/A P 0 6526 P. O. No . 6526 02/01/16 BF/DF ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF PROPERTY TO A LOW OR 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 739 Harding Avenue, Lot 2, Block 29, Brice Addition, City of Port Arthur, to Jimmie Williams 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 6526 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 739 Harding Avenue in substantially the same form as listed in Exhibit "A", in a Special Warranty Deed to Jimmie Williams . 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 Jimmie Williams as a low or moderate income resident and shall provide new construction of her home. 3 . Should the home or homes not be constructed by June 1, 2016, the property shall revert back to the City. SECTION 4 . That, Jimmie Williams agrees by signing this Ordinance to accept the City owned property located at 739 Harding Avenue . SECTION 5 . That, 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 P 0 6526 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 , A. D. , 2016, 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 APPRO ' FOR e ' 4 : -1 111 V! IZENO ' Y ATTORNEY APPROVE, •R ADMINISTRATION: BRIAN MCDOUGAL, CITY MANAGER AGREED TO: Jimmie Williams BY: PRINTED NAME : Jimmie Williams P 0 6526 EXHIBIT " A " SPECIAL WARRANTY DEED Date: , 2016 Grantor: City Of Port Arthur, Texas Grantor' s Mailing Address (including County) : P. 0. Box 1089, Port Arthur, Texas, Jefferson County, Texas 77641 Grantee : Jimmie Williams Grantee' s Mailing Address (including County) : 1601 13th Street 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 of this good and valuable consideration and under the terms as denoted in Ordinance No. 16- 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 Jimmie Williams . PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT 2, BLOCK 29, BRICE ADDITION, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN 739 HARDING 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. 16- 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 of this 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, to get his with all and singular the rights and P O 6526 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 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. , 2016. 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 6526 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, the day of , 2016 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2016 . GRANTEE : BY: JIMMIE WILLIAMS ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Jimmie Williams, known to me to be the person whose name is subscribed to the foregoing instrument . GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day of , 2016 . Notary Public, State of Texas Return Original : Jimmie Williams 1601 13th Street Port Arthur, Texas 77640 Return Copy: City of Port Arthur Attn: Deborah Freeman P.O.Box 1089 Port Arthur, Texas 77640 P 0 6526