HomeMy WebLinkAboutPO 6591: SPECIAL WARRANTY DEED, TENDER LOVIGN CARE CENTER FOR CHILDREN, AFFORDABLE HOUSING PROGRAM INTEROFFICE MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF HOUSING AND NEIGHBORHOOD REVITALIZATION
Date: October 24, 2016
To: Brian McDougal, City Manager
From: Beverly Freeman, Director of Housing and Neighborhood Revitalization
Re: P.O. 6591
Nature of Request:
The Housing Division recommends the City Council authorize the adoption of P.O.No.6591 for conveyance
of City owned properties to Tender Loving Care Center for Children (TLCC), d/b/a Legacy CDC, a
Community Development Housing Organization(CHDO)acting as Program Manager for new construction of
single family residential structures in the Port Arthur Section 4A Economic Development Corporation's
(PAEDC)Affordable Housing Program. The single family residential structure will be built at the following
location:
1129 6th Street, Lot 10, Block 94, City of Port Arthur
Staff Analysis/Considerations:
The City of Port Arthur Section 4A Economic Development Corporation's (PAEDC) Affordable Housing
Program desires to promote economic development and provide incentives for the new construction of homes
as described by 42.U.S.C. 12745,with a project area bounded by Atlanta Street on the West, 8th Street on the
North, Nashville Street on the East and 5th Street on the South within the City of Port Arthur, Texas. The
PAEDC requests the City convey property to TLCC,d/b/a Legacy CDC,a CHDO acting as Project Manager
for new construction of single family residential structures for person(s) who have qualified under the
PAEDC's Affordable Housing Program.
Recommendations:
The Housing Division recommends the City Council authorize the adoption of P.O.No.6591 for conveyance
of City owned properties to Tender Loving Care Center for Children (TLCC), d/b/a Legacy CDC, a
Community Development Housing Organization(CHDO)acting as Program Manager for new construction of
single family residential structures in the Port Arthur Section 4A Economic Development Corporation's
(PAEDC)Affordable Housing Program. The single family residential structure will be built at the following
location:
1129 6th Street, Lot 10, Block 94, City of Port Arthur
Budget Consideration:
N/A
P 0 6591 — 1129 6th Street
P. O. No. 6591
10/24/16 BF
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR CONVEYANCE OF A CITY OWNED PROPERTY TO TENDER
LOVING CARE CENTER FOR CHILDREN(TLCC), D/B/A LEGACY
CDC, A COMMUNITY DEVELOPMENT HOUSING
ORGANIZATION(CHDO)ACTING AS PROGRAM MANAGER FOR
NEW CONSTRUCTION OF SINGLE FAMILY RESIDENTIAL
STRUCTURES IN THE PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION'S (PAEDC) AFFORDABLE
HOUSING PROGRAM
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 City Council wishes to convey City owned vacant lots located at 1129 6th Street,Lot
10, Block 94, City of Port Arthur to Tender Loving Care Center for Children d/b/a Legacy CDC for new
construction of a single family residential structure in the Section 4A Economic Development Corporation's
Affordable Housing Program; and,
WHEREAS, The City of Port Arthur Section 4A Economic Development Corporation's (PAEDC)
Affordable Housing Program desires to promote economic development and provide incentives for the new
construction of single family residential structures as described by 42.U.S.C. 12745, with a project area
bounded by Atlanta Street on the West, 8th Street on the North,Nashville Street on the East and 5th Street on
the South within the City of Port Arthur, Texas; and,
WHEREAS,the PAEDC requests the City convey property to Tender Loving Care Center for
Children, d/b/a Legacy CDC, a CHDO acting as Project Manager for new construction of single family
P 0 6591 — 1129 6th Street
residential structures for person(s)who have qualified under the PAEDC's Affordable Housing Program;and,
WHEREAS, the conveyance of the lot will promote the public purposes of maintaining high quality
safe and affordable housing.
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 1129 6th Street, in substantially the same form as listed in Exhibit"A",in a Special Warranty Deed
to Tender Loving Care Center for Children d/b/a Legacy CDC.
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 . Tender Loving Care Center for Children d/b/a Legacy CDC will provide new
construction of homes in the Port Arthur Section 4A Economic Development
Corporation's Affordable Housing Program.
3 . Should the home or homes not be constructed by December 31, 2017, the property
shall revert back to the City.
SECTION 4. That Tender Loving Care Center for Children d/b/a Legacy CDC agrees by signing
this Ordinance to accept the City owned property located at 1129 6th Street.
SECTION 5.That if for any reason, Tender Loving Care Center for Children d/b/a Legacy CDC
does not agree to construct the homes under the Port Arthur Section 4A Economic Development
Corporation's Affordable Housing Program on the lot so transferred, and require that, while living, the
transferee maintain at least five years of consecutive residency from the time of the completion of the single
P 0 6591 — 1 129 6th Street
family residential structure built on the lot, the City shall have a right to void the transfer and take any
improvements on the lots.
SECTION 6. That the PAEDC's Affordable Housing Program desires to promote economic
development and provide incentives for the new construction of single family residential structures as
described by 42.U.S.C. 12745, with a project area bounded by Atlanta Street on the West, 8th Street on the
North,Nashville Street on the East and 5th Street on the South within the City of Port Arthur, Texas.
SECTION 7.That the PAEDC requests the City convey property to Tender Loving Care Center for
Children, d/b/a Legacy CDC, a CHDO acting as Project Manager for new construction of single family
residential structure for person(s)who have qualified under the PAEDC's Affordable Housing Program.
SECTION 8. That a copy of the caption of this Ordinance be spread upon the Minutes of the City
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:
DERRICK FORD FREEMAN,
MAYOR
P 0 6591 — 1129 6th Street
family residential structure built on the lot, the City shall have a right to void the transfer and take any
improvements on the lots.
SECTION 6. That the PAEDC's Affordable Housing Program desires to promote economic
development and provide incentives for the new construction of single family residential structures as
described by 42.U.S.C. 12745, with a project area bounded by Atlanta Street on the West, 8th Street on the
North, Nashville Street on the East and 5th Street on the South within the City of Port Arthur, Texas.
SECTION 7. That the PAEDC requests the City convey property to Tender Loving Care Center for
Children, d/b/a Legacy CDC, a CHDO acting as Project Manager for new construction of single family
residential structure for person(s)who have qualified under the PAEDC's Affordable Housing Program.
SECTION 8. That a copy of the caption of this Ordinance be spread upon the Minutes of the City
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:
DERRICK FORD FREEMAN,
MAYOR
P 0 6591 — 1129 6th Street
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED A': TO FORM:
i � ./i /1_
SAL TIZEN Of
CITY ATTOR EY
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL,
CITY MANAGER
AGREED TO:
Tender Loving Care Center for Children
d/b/a Legacy CDC
BY:
PRINTED NAME: Vivian Ballou,
Executive Director
P0 6591 — 1129 6th Street
EXHIBIT 44A,,
P 0 6591 — 1 129 6th Street
SPECIAL WARRANTY DEED
Date: , 2016
Grantor: City Of Port Arthur, Texas
Grantor's Mailing Address (including County):
P. O. Box 1089,
Port Arthur, Texas,
Jefferson County, Texas 77641
Grantee: Tender Loving Care Center for Children
d/b/a Legacy CDC
Grantee's Mailing Address (including County):
3025 Plaza Circle
Port Arthur, Texas 77642
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 Tender Loving Care Center for
Children d/b/a Legacy CDC.
PROPERTY (INCLUDING ANY IMPROVEMENT): LOT 10, BLOCK 94,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 AS 1129 6'H
STREET).
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
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,
P 0 6591 — 1129 6th Street
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
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian McDougal,
City Manager 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 , 2016.
Notary Public, State of Texas
P 0 6591 — 1129 6th Street
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian Ballou,
McDougal,Executive Director,Tender Loving Care Center for Children d/b/a Legacy CDC 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.
GRANTEE:
BY:
Tender Loving Care Center for Children
d/b/a Legacy CDC
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2016.
Notary Public, State of Texas
Return Original: Vivian Ballou
Tender Loving Care Center for Children
d/b/a Legacy CDC
3025 Plaza Circle
Port Arthur, Texas 77640
Return Copy: City of Port Arthur
Attn: Beverly Freeman
P.O. Box 1089
Port Arthur, Texas 77640
P 0 6591 1129 6th Street