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Home My WebLink AboutPO 7130: CONVEYANCE OF THE CITY OWNED VACANT TRACTS OF LAND P.O. No. 7130 03/01/23 ht ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF THE CITY OWNED VACANT TRACTS OF LAND COMMONLY KNOWN AS 725, 733 AND 735 WEST 5TH STREET TO FIRST SIXTH STREET BAPTIST CHURCH PURSUANT TO §253.011 OF THE TEXAS LOCAL GOVERNMENT CODE WHEREAS, First Sixth Street Baptist Church has express interest in acquiring three city owned vacant tracts of land, (i.e., 725, 733 and 735 W. 5th Street), adjacent to their property for the purpose of bringing/building a food pantry to serve the families and citizens on the City's Westside, as delineated in Exhibit "A"; and WHEREAS, pursuant to §253.011 of the Texas Local Government Code, a municipality may transfer to a nonprofit organization, for consideration described by this section, real property or an interest in real property without complying with the notice and bidding requirements of §272.001(a) or other law; and WHEREAS, the City Council finds it in the best interest to convey the city owned vacant tracts of land located at 725, 733 and 735 W. 5th Street, (legally described as Lots Numbered Seventeen, Eighteen and Nineteen (17, 18, & 19) in Block Number Four (4) of W. H. SCHMYSER SUBDIVISION NO. 3, to the City of Port Arthur, Jefferson County, Texas), to First Sixth Street Baptist Church to build and maintain a food pantry solely for the public purpose of serving the citizens of Port Arthur. 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 Manager is hereby authorized to execute a Special Warranty Deed to First Sixth Street Baptist Church, for the vacant tracts of land, pursuant s.po7130 to §253.011 of the Texas Local Government Code, in substantially the same form as attached hereto as Exhibit"B". Section 3. That pursuant to §253.011(d) of the Texas Local Government Code, the ownership of these tracts will automatically revert to the City of Port Arthur if First Sixth Street Baptist Church ceases to exist as it now does as a church, religious organization, or shall cease to maintain its mission as provided in Exhibit"A". Section 4. 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. 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmember: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary s.po7130 APPROVED AS TO FORM i!', Val Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager s.po7130 EXHIBIT "A" s.po7130 First Sixth Street Baptist Church 548 Abe Lincoln Ave Port Arthur, Tx 77640 Kalan Gardner Sr., Pastor Dear Mr. Burton, We the First Sixth Street Baptist Church have partnered with the SETX Food Bank to bring a food pantry to the westside of Port Arthur. We have been distributing food every 2nd Tuesday of the month and servicing over 100 families each month. Because of our efforts the SETX Food Bank has awarded our food pantry a grant that will allow us to build a physical building that will hold food that can accessed on a daily basis for the citizens on he West Side of Port Arthur. Our Church has been blessed to own some land on the corner of Abe Lincoln and 5th St (Lots 13 and 14)and we are wanting to acquire the lots behind the lots we already own, that are for the city of Port Arthur(lots 14,15 and 16). We will use these lots for public service in the building of a food pantry building to serve the citizens of Port Arthur. We are hoping that the City of Port Arthur will allow us to acquire these lots so that we can move forward in our building project. We thank you in advance for your assistance. Pastor Kalan Gardner Sr. EXHIBIT "B" s.po7130 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: day , 2023 Grantor: City of Port Arthur, Texas, a municipal corporation Grantor's Mailing Address (including county): 444 4th Street Port Arthur, Texas 77641-1089 (Jefferson County) Grantee: First Sixth Street Baptist Church c/o Pastor Kalan Gardner Sr. Grantee's Mailing Address (including county): 548 Abe Lincoln Avenue Port Arthur, Texas 77640 (Jefferson County) Consideration: Pursuant to 253.011 of the Texas Local Government Code, the ownership of these tracts will automatically revert to the City of Port Arthur if First Sixth Street Baptist Church fails to use this property and improvements thereon primarily for a public purpose, as delineated in Ordinance No. 23- Property (including any improvements): Lots Numbered Seventeen, Eighteen and Nineteen (17, 18, & 19) in Block Number Four (4) of W. H. SCHMYSER SUBDIVISION NO. 3, to the City of Port Arthur, Jefferson County, Texas, as the same appears upon the map or plat thereof, on file and of record in Vol. 2, Page 34 Map Records of Jefferson County, Texas. 735 W. 5th Street (Property ID: 100640) (Geographic ID: 058650-000-007500-00000-5) 733 W. 5th Street (Property ID: 100641) (Geographic ID: 058650-000-007600-00000-3) 725 W. 5th Street (Property ID: 100642) (Geographic ID: 058650-000-007700-00000-1) Reservations from and Exceptions to Conveyance and Warranty: Grantor, for the Consideration and subject to the Reservations from Conveyance and the 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 way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's 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 Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; property taxes for prior years, the payment for which Grantee assumes; and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which Grantee assumes; and navigational servitude asserted by any governmental authority. As a material part of the Consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property"AS IS"with any and all latent and patent defects and that there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, or other assertion with respect to the Property condition but is relying on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties except for limited warranties of title set forth in this deed. Grantor, for the consideration and subject to the reservations from and 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 thereof, except as to the reservations from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor but not otherwise. Executed on the day of A.D. 2023. GRANTOR: CITY OF PORT ARTHUR, TEXAS By: Ronald Burton City Manager APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, City Manager of 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 City of Port Arthur, 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. 2023. Notary Public, State of Texas Print Notary Name Here AFTER RECORDING RETURN TO: City of Port Arthur Legal Department P. 0. Box 1089 Port Arthur, TX 77641-1089