HomeMy WebLinkAboutPO 6806: SPECIAL WARRANTY DEED, TENDER LOVING CARE CENTER FOR CHILDREN DBA LEGACY CDC INTEROFFICE MEMORANDUM
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF HOUSING AND NEIGHBORHOOD REVITALIZATION
Date: October 29, 2019
To: Ron Burton, Interim City Manager
From: Beverly Freeman, Housing and Neighborhood Revitalization Manager
Re: P.O.No. 6806
Nature of Request:
The Housing Division recommends the City Council authorize the adoption of P.O.No.6806 for conveyance
of 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 the new construction and sale of
a single-family residential structure in the Port Arthur Section 4A Economic Development Corporation's
(PAEDC)Affordable Housing Program at the following location:
1300 5th Street, Tract 6-A, 02405 acre of land, replat of the West 1/2 of Lot 5 and all of Lot 6, Block 123 of
the 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.6806 for conveyance
of 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 the new construction and sale of
single-family residential structure in the Port Arthur Section 4A Economic Development Corporation's
(PAEDC)Affordable Housing Program at the following location:
1300 5th Street, Tract 6-A, 02405 acre of land, replat of the West 1/2 of Lot 5 and all of Lot 6, Block 123 of
the City of Port Arthur
Budget Consideration:
N/A
P 0 6806— 1300 5th Street
P. O. No. 6806
10/29/19 BF
ORDINANCE NO.
AN ORDINANCE AUTHORIZING A SPECIAL WARRANTY DEED
FOR CONVEYANCE OF THE CITY OWNED PROPERTY
LOCATED AT 1300 5TH STREET TO TENDER LOVING CARE
CENTER FOR CHILDREN (TLCC), D/B/A LEGACY CDC, A
COMMUNITY DEVELOPMENT HOUSING ORGANIZATION
(CHDO) FOR THE 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 a City owned property located at 1300 5th Street,Tract
6-A, 02405 acre of land,replat of the West%of Lot 5 and all of Lot 6,Block 123 of the City of Port Arthur,
to Tender Loving Care Center for Children d/b/a Legacy CDC for the new construction and sale 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 has also requested that the City convey property to Tender Loving Care
Center for Children,d/b/a Legacy CDC,a CHDO acting as Project Manager for the new construction and sale
P 0 6806— 1300 5th Street
of a single-family residential structure for individuals who are 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 execute the Special
Warranty Deed, in substantially the same form attached hereto as Exhibit "A", for the conveyance of real
property located at 1300 5th Street 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 sell a single family
new construction residential structure to an eligible homebuyer in the Port Arthur
Section 4A Economic Development Corporation's Affordable Housing Program.
3 . Should the homebuyer not maintain at least five years of consecutive residency from
the time of completion of the single family residential structure build on the lot,the
City shall have a right to void the transfer and take any improvements on the lot.
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 1300 5th Street.
SECTION 5.That if for any reason,Tender Loving Care Center for Children d/b/a Legacy CDC
does not agree to require that the homebuyer, while living, maintain at least five years of consecutive
P 0 6806— 1300 5th Street
residency from the time of the completion of the single family residential structure built on the lot,the City
shall have a right to void the transfer and take any improvements on the lot.
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 the new construction and sale of a
single-family residential structure for a family 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., 2019, at the
Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES:
Mayor: ;
City Council: •
NOES: .
THURMAN BILL BARTIE,
MAYOR
P 0 6806— 1300 5th Street
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
A:,'ROVED AS TO FORM:
VAL T 10,
CITY A ORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON,
INTERIM CITY MANAGER
AGREED TO:
Tender Loving Care Center for Children
d/b/a Legacy CDC
BY:
PRINTED NAME: Vivian Ballou,
Executive Director
P 0 6806— 1300 5th Street
P 0 6806— 1300 5th Street
GRIFFIN & MATTHEWS
Attorneys at Law
SANTA FE DEPOT
400 NECHES AT CROCKETT
BEAUMONT, TEXAS 77701
TELEPHONE(409)832-6006 TELECOPIER(409)832-1000
MICHAEL D.MATTHEWS HOUSTON
October 28, 2019
City of Port Arthur, Seller,and
Tender Loving Care Center for Children, Buyer
RE: Tract 6-A, 0.2405 acre of land,replat of the West 1/2 of Lot 5 and all of Lot 6,Block
123,of The City of Port Arthur,Jefferson County, Texas; File No. 345221
Dear Sirs and Madams:
This firm was contacted by Stewart Title Company, in regards to the preparation of vari-
ous real estate-related documents. As such,we have acted solely as the preparers of the instru-
ments requested.
Buyer and Seller acknowledge that the law firm of Griffin &Matthews and Michael D.
Matthews have been retained solely to prepare the documents in accordance with the agreement
and instructions of Buyer and Seller and/or to witness the transaction. Neither Michael D.Mat-
thews nor Griffin&Matthews have been involved in the negotiating of the agreement between
Buyer and Seller. Both Buyer and Seller have been advised of the status of Michael D. Mat-
thews prior to being retained to prepare the documents and have had an opportunity to retain in-
dependent counsel to review the proposed transaction and documents prior to execution.
Buyer and Seller acknowledge that they have negotiated their own agreement and have
requested Michael D.Matthews and the law firm of Griffin &Matthews to prepare certain doc-
uments,even though their agreement may not be completely reflected in a written agreement ex-
ecuted by the parties, if any. Buyer and Seller further acknowledge that the documents prepared
by Michael D.Matthews accurately reflect the parties' agreement and the parties do hereby
amend and ratify their agreement to comport with the terms of the documents prepared by the
law fine of Griffin&Matthews.
The legal services provided by the law firm of Griffin&Matthews are based upon a
schedule of charges for the documents and services provided by lawyer and non-lawyer person-
nel of the firm,and described in the invoice attached. These services were provided on behalf of
Buyer and Seller,regardless of the fact that others may have agreed to reimburse or pay for the
legal services provided by Griffin &Matthews or to directly pay the attorneys for the services
rendered.
City of Port Arthur, Seller, and
Tender Loving Care Center for Children,Buyer
Page Two
October 28,2019
Each party in this real estate transaction has rights which may vary from the others.
These documents have been prepared based upon information provided by others and also based
upon an earnest money contract previously prepared by others and signed by the parties to this
transaction;however,you should seek your own individual counsel as no warranty or opinion
whatsoever is given or intended by this firm as acting in your behalf or as to the accuracy of the
information provided,or as to the title or any liens,restrictions, or taxes.
We ask that each of you sign this letter as an acknowledgment of receipt at closing.
Very truly yours,
Original Signed By
Michael D.Matthews
For the Firm
CITY OF PORT ARTHUR, Seller
BY
Name:
Title:
TENDER LOVING CARE CENTER FOR
CHILDREN,a Texas Nonprofit
Corporation, d/b/a LEGACY COMMUNITY
DEVELOPMENT CORPORATION,Buyer
BY
VIVIAN BALLOU
Title:
MDM/vlm
File No. 345221
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: , 2019
Grantor: CITY OF PORT ARTHUR
Grantor's Mailing Address: 444 4th Street, Port Arthur, Texas 77640
Grantee: TENDER LOVING CARE CENTER FOR CHILDREN, a Texas Nonprofit Corporation,
d/b/a LEGACY COMMUNITY DEVELOPMENT CORPORATION
Grantee's Mailing Address: 3025 Playa Circle, Port Arthur, Texas 77642
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration
Property(including any improvements):
Tract 6-A, 0.2405 acre of land,replat of the West 1/2 of Lot 5 and all of Lot 6, Block
123, of THE CITY OF PORT ARTHUR, Jefferson County, Texas, accord- ing to the
map or plat thereof recorded in/under County Clerk's File No.
2019013343 of the Official Public Records of Jefferson County, Texas.
This Property may also be known as 1300 5th Street, Port Arthur, Jefferson County,
Texas 77642.
Reservations from Conveyance: As herein contained; otherwise, none. Exceptions to
P 0 6806— 1300 5t Street
Conveyance and Warranty:
This conveyance is made and accepted subject to any and all conditions and restrictions,if
any, relating to the hereinabove described property, to the extent, and only to the extent,
that the same may still be in force and effect, shown of record in the office of the County
Clerk of Jefferson County, Texas. Grantors, for the Consideration and subject to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grant,
sell, and convey to Grantee the Property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and to hold it to Grantee and
Grantee's heirs, successors, and assigns forever. Grantors bind Grantors and Grantors'
heirs and successors to warrant and forever defend all and singular the Property to Grantee
and Grantee's heirs, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof when the claim is by,through, or under
Grantors but not otherwise, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
CITY OF PORT ARTHUR
BY
Name:
Title: Interim City Manager
THE STATE OF TEXAS )(
COUNTY OF )(
This instrument was acknowledged before me on the day of , 2019,
by , Interim City Manager of the
CITY OF PORT ARTHUR, on behalf of said CITY OF PORT ARTHUR.
NOTARY PUBLIC IN AND FOR
P 0 6806 — 1300 5t Street
THE STATE OF TEXAS
Printed or typed name of notary:
My commission expires:
PREPARED IN THE LAW OFFICES OF:
MICHAEL D.MATTHEWS
GRIFFIN&MATTHEWS
400 Neches at Crockett Santa Fe
Depot Beaumont,Texas 77701
(409)832-6006
Please Return To:
Tender Loving Care Center for Children,d/b/a Legacy Community
Development Corporation
3025 Plaza Circle
Port Arthur,Texas 77642
P 0 6806— 1300 5th Street