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Home My WebLink AboutPO 6777: SPECIAL WARRANTY DEED 937 REV. DR. RANSOM HOWARD ST. 41 City n -\- f ° . nrr rt1iirr I,tas INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Community Development Date: May 21, 2019 To: City Manager Mayor and Council From: Beverly A. Freeman, Director of Housing &Neighborhood Revitalization RE: P.O. No. 6777 Nature of Request: The Housing Division recommends the City Council adopt P.O.No.6777 for the conveyance of one(1)City owned property located at 937 Rev. Dr. Ransom Howard Street, Lot 11 Block 83, City of Port Arthur, to Tender Loving Care Center for Children,dba Legacy Community Development Corporation(TLCCC,dba Legacy CDC),a qualified developer for the redevelopment of a City owned property located in the targeted area by constructing new affordable housing for qualified homebuyers StaffAnalysis/Considerations: The property shall be used as a part of the neighborhood revitalization collaboration between the City of Port Arthur, Port Arthur Economic Development Corporation, and TLCCC, dba Legacy CDC. The proposed project states that TLCCC,dba Legacy CDC will construct new homes in the downtown targeted area. The Port Arthur Economic Development Corporation will provide up to $30,000.00 per location to assist with construction subsidy for qualified buyers that meet the income requirements. The eligible homebuyer may also qualify to receive up to$30,000.00 from the Federal HOME Program to assist with down payment and closing costs associated with the purchase of homes, on an as needed basis. Recommendation: The Housing Division recommends the City Council adopt P. O. 6777 for the conveyance of one (1) City owned property located at 937 Rev.Dr.Ransom Howard Street,Lot 11 Block 83,City of Port Arthur,to the Tender Loving Care Center for Children, dba Legacy Community Development Corporation, a qualified developer for the redevelopment of a City owned property located in the targeted area by constructing new affordable housing for qualified homebuyers. Budget Consideration: N/A P.O. No. 6777 P.O. No. 6777 5/22/19 BF/DF ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED FOR CONVEYANCE OF THE CITY OWNED PROPERTY LOCATED AT 937 REV. DR. RANSOM HOWARD STREET TO TENDER LOVING CARE CENTER FOR CHILDREN, DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION, A QUALIFIED DEVELOPER. WHEREAS, the City Council wishes to convey the City owned vacant lot located in the targeted area at 937 Rev. Dr. Ransom Howard Street in substantially the same form as delineated in Exhibit "A" , to Tender Loving Care Center for Children, dba Legacy Community Development Corporation (TLCCC dba Legacy CDC) ; and WHEREAS, the conveyed City owned vacant lot will be used as a part of the neighborhood revitalization collaboration between the City of Port Arthur, Port Arthur Economic Development Corporation (PAEDC) , and TLCCC, dba Legacy CDC for new construction of affordable housing; and WHEREAS, the PAEDC will provide up to $30, 000 . 00 per location to assist with construction subsidy for the qualified buyers . The eligible homebuyer may also qualify to receive up to $30 , 000 . 00 from the Federal HOME Program to assist with the down payment and closing costs associated with the purchase of homes on an as needed basis ; and WHEREAS, all affordable homes will be built, marketed, and sold at appraised value to eligible homebuyers whose income range between 60% up to 120% of the Area Median Income (AMI) ; and P.O. No. 6777 WHEREAS, the conveyance of this City owned lot will promote the public purposes of maintaining high quality safe housing that will promote the revitalization of the downtown area. 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 City owned real property in substantially the same form as delineated in the attached Exhibit "A" , to TLCCC, dba 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 . TLCCC, DBA TLCCC, dba Legacy, CDC shall construct new affordable housing on conveyed vacant lots as agreed. 3 . Should the home not be constructed by June 30, 2020, the property shall revert back to the City. SECTION 4. That, Vivian Ballou, Project Manager/Director of TLCCC, dba Legacy CDC agrees by signing the Ordinance accepts the City owned property located in targeted area, in substantially the same form, as delineated in the attached Exhibit A" . SECTION 5. That, if for any reason, TLCCC, dha Legacy CDC, does not construct the home under the PAEDC' s Affordable Housing Program on the transferred lot, the City shall have a right to void the transfer and recapture any improvements on said lot . P.O. No. 6777 SECTION 6. That, a copy of the caption of the Ordinance shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A.D. , 2019, at the Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES : Mayor: Councilmember: NOES : DERRICK FREEMAN, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: IV V L TIZE O, CITY ATTORNEY APPROVED FOR ADMINISTRATION: REBECCA UNDERHILL, INTERIM CITY MANAGER AGREED TO: TLCCC, dba LEGACY CDC Printed Name : Vivian Ballou P.O. No. 6777 EXHIBIT "A" SPECIAL WARRANTY DEED Date: , 2019 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, dba Legacy Community Development Corporation Grantee' s Mailing Address (including County) : 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County CONSIDERATION: That the Interim City Manager of the City of Port Arthur, Texas, Rebecca Underhill, 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. 19- 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 TLCCC, DBA Legacy, CDC. PROPERTY (INCLUDING ANY IMPROVEMENT) : LOT 11 BLOCK 83 , CITY OF PORT ARTHUR, (LOCALLY KNOWN 937 REV. DR. RANSOM HOWARD 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. 19- 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.O. No. 6777 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 . , 2019 . GRANTOR, CITY OF PORT ARTHUR BY: REBECCA UNDERHILL, INTERIM CITY MANAGER ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED AS TO FORM: VAL TIZENO, CITY ATTORNEY P.O.No. 6777 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Rebecca Underhill, Interim 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 , 2019 . Notary Public, State of Texas AGREED TO AND ACCEPTED ON the day of , 2019 . GRANTEE: TLCCC, dba LEGACY CDC BY: Vivian Ballou, Executive Director ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian Ballou, Executive Director of TLCCC, dba Legacy CDC, 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 , 2019 . Notary Public, State of Texas Return Original: TLCCC, dba Legacy CDC Executive Director Vivian Ballou 3025 Plaza Circle Port Arthur, Texas 77642 Return Copy: City of Port Arthur Attn: Deborah Freeman P.O. Box 1089 Port Arthur, Texas 77640 P.O. No. 6777