HomeMy WebLinkAboutPR 15524: DEPARTMENT CLUB (1924 LAKESHORE DRIVE)interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager V~
From: Valecia R. Tizeno, First Assistant City Attorney v
Date: September 18, 2009
Subject: P. R. No. 15524; Council Meeting of September 22, 2009
Attached is P. R. No. 15524 as it pertains to
terminating the lease for the Department Club building
located at 1924 Lakeshore Drive.
VRT:gt
Attachment
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P. R. No. 15524
vrt 09/18/09
RESOLIITION NO.
A RESOLIITION AS IT PERTAINS TO TERMINATING
THS LEASE FOR THS DEPARTMENT CLIIB BIIILDING
LOCATED AT 1924 LARESHORE DRIVE
WHEREAS, the Department Club is a non-profit corporation,
organized under the laws of the State of Texas in 1923; and
WHEREAS, in 1927, the City of Port Arthur and the members of
the Department Club entered into a lease for the purpose of
erecting a building on property owned by the City located at 1924
Lakeshore Drive (a copy of the lease is attached hereto as Exhibit
"A"); and
WHEREAS, the Department Club's building is an asset to the
citizens of Port Arthur and a significant part of the City's
history; and
WHEREAS, pursuant to Ordinance No 08-490, the City of Port
Arthur and the members of the Department Club determined that it
would be in the best interest of the citizens for the City of Port
Arthur to take over the maintenance and day-to-day operations of
the building owned by the Department Club at 1924 Lakeshore Drive;
and
WHEREAS, the members of the Department Club wish to terminate
the existing lease and transfer the building and said improvements
to the City of Port Arthur; and
~.prissza 1
WHEREAS, the City agrees that members of the Department Club
will be able to utilize the building for its meetings and other
special event at no charge; and
WHEREAS, the President of the Department Club and the Director
of the Civic Center will mutually agree on a set schedule for the
meetings and special events, as well as logistics for the use and
set up the building.
NOW THEREFORE, BB IT RESOLVED BY THH CITY COIINCIL OF THE CITY
OF PORT ARTHIIR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That City Council agrees that it is in the best
interest of the citizens of Port Arthur to terminate the agreement
between the City of Port Arthur and the members of the Department
Club as delineated in Exhibit "A"
Section 3. That the City of Port Arthur will accept
ownership of the building and all improvements to the property
located at 1924 Lakeshore Drive, as delineated in the Special
Warranty Deed attached hereto as Exhibit "B"
Section 4. That the Department Club will sign the
resolution agreeing to the terms thereof.
Section 5. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
=.pnssza 2
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATT EY ~ ~~
APPROVED FOR ADMINISTRATION:
CITY MANAGER
AGREED TO:
DEPARTMENT CLUB
2.pr15524
3
EXHIBIT ~~A"
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EXHIBIT ~~B"
SPECIAL WARRANTY DEED
Date: 2009
Grantor: Department Club
Grantor's Mailing Address (including county):
1924 Lakeshore Drive
Port Arthur, Texas 77640
Jefferson County, Texas
Grantee: City of Port Arthur, Texas, a municipal
corporation
Grantee's Mailing Address (including county):
P. O. Box 1089
Port Arthur, Texas 77641-1089
Jefferson County, Texas
Consideration: Ten Dollars & no/100 ($10.00) and other
good and valuable consideration.
Property (including any improvement):
(A)All of that area shown and designated as Lakeshore
Park, lying between Woodworth (Vendervort) Blvd. and
Houston Avenue and between Lakeshore Drive and the
dotted line of said Map which run near the shore of
Sabine Lake.
(B)The 4 (four) tracts of land lying between Richmond
Avenue and Woodworth (Vendervort) Blvd. and marked
"E", "F", "G" and "H" on such recorded map.
(C)That certain tract of land marked "Park" bounded by
15th Street, Orange Avenue, Lake Charles Avenue, and
16th Street.
(D)That certain tract of land marked "Park" bounded by
15th Street, Mobile Avenue, 16th Street and Augusta
Avenue.
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(E)That certain tract of land marked "Park" bounded by 7ch
Street, St. Augustine Avenue, 8th Street, and DeQueen
Blvd.
(F)That certain tract of land marked "Park" bounded by
DeQueen Blvd., 8th Street, Marshall Avenue, and 7th
Street.
(G)That certain tract of land marked "Park" bounded by
Shreveport Avenue, 8th Street, Atlanta Avenue, and Leh
Street.
(H)All of that portion of Tracts B and C lying West of
Stilwell Blvd. and the included closed street section,
known and designated as Lions Park excepting and not
including the area set aside for and now occupied by
Gates Memorial Library.
Reservations from and Exceptions to Conveyance and
Warranty: This conveyance is made expressly subject to all
easements, rights-of-way, restrictions, covenants, and
conditions 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
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 to
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.
z.special wartanty deed_departlnent club
EXECUTED ON THIS the day of
A.D., 2009.
GRANTOR:
DEPARMENT CLIIB
BY:
APPROVED AS TO FORM:
City Attorney
A C K N O W L E D G E M E N T
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
BEFORE ME, the undersigned Notary Public, on this day
personally appeared 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 Department
Club, 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. 2009.
NOTARY PUBLIC, STATE OF TEXAS
ORIGINAL TO GRANDEE:
CITY OF PORT ARTHUR
Attn: City Attorney
P. O. Box 1089
Port Arthur, TX 77641-1089
zspecial warzanTy deed department club