HomeMy WebLinkAboutPR 21319: DONATION OF UNIMPROVED PROPERTY FROM TENDER LOVING CARE CENTER FOR CHILEDREN DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION INTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: Ronald "Ron" Burton, City Manager
From: Beverly Freeman, Manager of Housing and Neighborhood Revitalization
Date: March 6, 2020
Re: P.R. No. 21319
RECOMMENDATION:
The Housing Division is recommending that the City Council adopt Proposed Resolution
No. 21319, authorizing the acceptance of an unimproved property from Tender Loving
Care Center for Children DBA Legacy Community Development Corporation (TLCCC dba
Legacy CDC). The vacant lot is located at approximately 1000 block of 5th Street with the
legal description being Lot Twelve (12) Block One Hundred Fifteen (115) of the City of
Port Arthur, Jefferson County, Texas, according to the map or plat thereof recorded in
Jefferson County, Texas. (Property ID 88811 and Geographic ID: 053400-000-139500-
00000-1).
BACKGROUND:
TLCCC dba Legal CDC, the owner of the unimproved property, is requesting that the City
of Port Arthur accept the donation of said property. The City is intending on utilizing the
property as additional park space for the adjacent St. Mary Park located at 1000 5th Street.
BUDGETARY/FISCAL EFFECT:
N/A
STAFFING/EMPLOYEE EFFECT:
Housing Administration Staff will be responsible for administration.
SUMMARY:
The Housing Division is recommending that the City Council adopt Proposed Resolution
No. 21319, which authorizes the City Manager to accept the donation of an unimproved
property from TLCCC dba Legal CDC and utilize it as additional park space for the adjacent
St. Mary Park.
P.R. No.21319
03/06/20 BF/DF
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT THE DONATION OF AN UNIMPROVED PROPERTY
FROM TENDER LOVING CARE CENTER FOR CHILDREN
DBA LEGACY COMMUNITY DEVELOPMENT
CORPORATION, FOR THE PURPOSE OF EXPANDING THE
ADJACENT ST. MARY PARK LOCATED AT 1000 5TH
STREET
WHEREAS, Tender Loving Care Center for Children DBA Legacy
Community Development Corporation (TLCCC dba Legacy CDC) , owner of
the unimproved property known as Jefferson Central Appraisal
District (JCAD) Parcel ID No. 88811, is requesting that the City
accept said property donation for the purpose of expanding the
adjacent St . Mary' s Park located at 1000 5th Street; and
WHEREAS, a preliminary title and lien report has confirmed
that TLCCC dba Legacy CDC has clear title to the property; and
WHEREAS, it is in the best interest of the City to accept the
property donation in order to improved the quality of life for the
citizens of Port Arthur.
NOW, THEREFORE, BE IT RESOLVED 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 hereby authorizes the City
Manager to accept the donation of the unimproved property being:
Lot 12, Block 115, City of Port Arthur - Property ID: 88811;
Geographic ID: 053400-000-139500-00000-1 from Tender Loving Care
Center for Children DBA Legacy Community Development Corporation,
in substantially the same form, as attached hereto as Exhibit "A",
for the purpose of expanding the adjacent St . Mary Park located at
1000 5th Street .
SECTION 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of ,
A. D. , 2020, at the Regular Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers : ;
NOES: .
THURMAN "BILL" BARTIE,
MAYOR
ATTEST:
SHERRI BELLARD,
CITY SECRETARY
APPROVED AS TO FORM:
VALECIA "VAL" TIZENO,
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RONALD "RON" BURTON,
CITY MANAGER
EXHIBIT " A "
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
THE 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.
SPECIAL WARRANTY DEED
Date: , 2020
Grantor: Tender Loving Care Center for Children DBA Legacy Community Development
Corporation(TLCCC dba Legacy CDC)
Grantor's Mailing Address (including County):
3025 Plaza Circle
Port Arthur, Texas 77640
Jefferson County
Grantee: City of Port Arthur, Texas, a municipal corporation
Grantee's Mailing Address (including County):
P.O. Box 1089
Port Arthur, Texas 77641
Jefferson County
CONSIDERATION: That Tender Loving Care Center for Children DBA Legacy Community
Development Corporation (TLCCC dba Legacy CDC) for and in consideration of the sum of Ten
and No/100 Dollars ($10.00) and other goods and valuable consideration 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 presents do GRANT,
SELL and CONVEY unto City of Port Arthur.
PROPERTY (including any improvement): LOT 12, BLK 115, CITY OF PORT ARTHUR,
JEFFERSON COUNTY, TEXAS (LOCALLY KNOWN AS 5th Street - Property ID 88811
Geographic ID: 053400-000-139500-00000-1)
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 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 reservation from any 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 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., 2020.
GRANTOR:
Tender Loving Care Center for Children dba
Legacy Community Development Corporation
By:
Vivian Ballou,Executive Director
APPROVED AS TO FORM:
Valecia R. Tizeno,
City Attorney,
City of Port Arthur
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Tender
Loving Care Center for Children Dba Legacy Community Development Corporation known to me
to be the person whose names are subscribed to the foregoing instrument, and acknowledged to
me that they executed the same as the act and deed of the County of Jefferson, for the purposes
and considerations therein expressed, and in the capacities therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 2020.
Notary Public, State of Texas
Print Notary Name Here
AGREED TO AND ACCEPTED on this the day of , 2019.
GRANTEE:
CITY OF PORT ARTHUR,TEXAS
By:
Ronald Burton, City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald
Burton, City Manager of the City of Port Arthur, known to me to be the person whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed the same as
the act and deed of the County of Jefferson, for the purposes and considerations therein expressed,
and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D. 2020.
Notary Public, State of Texas
Print Notary Name Here
Return Original to Grantee:
City of Port Arthur
Housing Division
Attn: Beverly Freeman
P.O.Box 1089
Port Arthur,Texas 77641
Copy to Grantor:
TLCCC dba Legal CDC
3025 Plaza Circle
Port Arthur,Texas 77642