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HomeMy WebLinkAboutPO 6477: AUTHORIZING THE CONVEYANCE OF CITY OWNED PROPERTIES City of - nrt rthrr Texas INTEROFFICE MEMORANDUM Department of Development Services Division of Housing and Neighborhood Revitalization Date: July 29, 2015 To: Brian McDougal, City Manager Mayor and City Council '461\ From: Beverly Freeman, Acting Director of Housing and Neighborhood Revitalization RE: P.O. NO. 6477—Authorizing the conveyance of City owned properties. Nature of the request: The Housing Division recommends the City Council authorize the adoption of P.O. No. 6477, for conveying City owned properties located at 1105, 1115, 1125 & 1135 5th Street (A.K.A. Tract Numbers 7-A, 8-A, 9-A & 10-A in Block One Hundred Sixteen (116) of the Replat of Lots 7, 8, 9, 10 & a portion of 11, Block 116, City of Port Arthur), Jefferson County, Texas to Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation (TLCCC d/b/a Legacy CDC). StaffAnalysi s/Considerations: The Savannah Housing Corporation (SHC) voluntarily transferred title to the four (4) new construction properties to the City of Port Arthur. The properties are being conveyed to an eligible Community Development Housing Corporation (CHDO) who has the capacity and experience of being capable of assisting the City with carrying out elements of its housing programs. TLCCC, d/b/a Legacy CDC, is a chartered Texas non-profit corporation, and have obligated themselves to assist with meeting the requirements of the HOME program and all other Federal Requirements to assist in carrying out the mission of the City of Port Arthur to eliminate blight and provide decent, safe, sanitary "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8101 •FAX 409-982-6743 P.O.NO.6477 08/04/15 BF PAGE 1 OF 21 ORDINANCE NO. AN ORDINANCE AUTHORIZING SPECIAL WARRANTY DEEDS FOR CONVEYANCE OF PROPERTY TO TENDER LOVING CARE CENTER FOR CHILDREN, D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION. WHEREAS, Section 272.001(g)of the Local Government Code provides that a municipality may convey land for the development of low and moderate income housing provided that the conveyance serves a public purpose; and, WHEREAS, The Savannah Housing Corporation (SHC) voluntarily transferred title to four(4)new construction properties located at 1105, 1115, 1125 & 1135 5th Street(A.K.A. Tract Numbers 7- A, 8-A, 9-A & 10-A in Block One Hundred Sixteen(116) of the Replat of Lots 7, 8, 9, 10 & a portion of 11, Block 116, City of Port Arthur), Jefferson County, to the City of Port Arthur. The properties are being conveyed to an eligible Community Development Housing Corporation (CHDO) who has the capacity and experience of being capable of assisting the City with carrying out elements of its housing programs; and, WHEREAS,Tender Loving Care Center for Children,d/b/a Legacy Community Development Corporation (TLCCC, d/b/a Legacy CDC) is a chartered Texas non-profit corporation, and have obligated themselves to assist with meeting the requirements of the HOME Program and all other Federal Requirements to assist in carrying out the mission of the City of Port Arthur to eliminate blight and provide decent, safe, sanitary and affordable housing for low and moderate-income persons/families of the community; and, WHEREAS,TLCCC,d/b/a Legacy CDC will implement a Lease Purchase Program to assist the low and moderate income persons and families of Port Arthur in fulfilling the American dream of homeownership; and, WHEREAS, the City Council authorizes conveyance of City owned properties located at 1105, 1115, 1125 & 1135 5th Street (A.K.A. Tract Numbers 7-A, 8- A, 9-A & 10-A in Block One Hundred Sixteen(116) of the Replat of Lots 7, 8, 9, 10 & a portion of 11, Block 116, City of Port Arthur), Jefferson P.O.NO.6477 08/04/15 BF PAGE 2 OF 21 County, Texas to TLCCC, d/b/a Legacy CDC; and, WHEREAS, the conveyance of these properties will promote the public purposes of maintaining high quality safe,decent,sanitary and affordable housing and assist the low and moderate income persons/families with fulfilling the American dream of homeownership; and, WHEREAS, the Special Warranty Deeds are attached hereto in substantially the same form as identified in Exhibits "A", "B", "C" and"D". 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 real property located at 1105, 1115, 1125 & 1135 5th Street(A.K.A. Tract Numbers 7-A, 8- A, 9-A & 10-A in Block One Hundred Sixteen(116) of the Replat of Lots 7, 8, 9, 10 & a portion of 11, Block 116, City of Port Arthur), Jefferson County, Texas to TLCCC, d/b/a Legacy CDC. SECTION 3. That TLCCC,d/b/a Legacy CDC will implement a Lease Purchase Program to assist the low and moderate income persons and families of Port Arthur in fulfilling the American dream of homeownership. SECTION 4. That this conveyance is hereby authorized and shall be subject to the following conditions: 1 . The sales price for the lots shall be Ten and no/100 ($10.00) Dollars. 2 . Should the homes not be occupied by October 15,2015,the TLCCC will be obligated to convey said properties back to the City. SECTION 5. That TLCCC d/b/a Legacy CDC agrees by signing this Ordinance to accept the P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 3 OF 21 City owned property as is located at 1105, 1115, 1125 & 1135 5th Street(A.K.A. Tract Numbers 7-A, 8- A, 9-A & 10-A in Block One Hundred Sixteen(116) of the Replat of Lots 7, 8, 9, 10 & a portion of 11, Block 116, City of Port Arthur), Jefferson County, Texas. SECTION 6. That the Special Warranty Deeds are attached hereto in substantially the same form as identified in Exhibit"A", Exhibit"B", Exhibit"C" and Exhibit"D". SECTION 7. 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 August, A.D., 2015, at the Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: City Council: Noes: Deloris "Bobbie"Prince, Mayor ATTEST: Sherri Bellard, City Secretary P06477 P.O.NO.6477 08/04/15 BF PAGE 4 OF 21 APPROVED FOR FORM: VOa, Valecia"Val"Tizenall ity Attorney APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager AGREED TO: Tender Loving Care Center for Children d/b/a Legacy Community Development Corporation BY: PRINTED NAME: Vivian L. Ballou, Executive Director P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 5 OF 21 EXHIBIT "A" (1105 5th Street) PO 6477 P.O.NO.6477 08/04/15 BF PAGE 6 OF 21 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 AND INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OF YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: , 2015 Grantor: The City of Port Arthur, Texas Grantor's Mailing Address (including County): P.O. Box 1089 Port Arthur, Texas, Jefferson County, Texas 77640-4743 Grantee: Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation Vivian L. Ballou, Executive Director Grantee's Mailing Address (including County): 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County, Texas CONSIDERATION: That Brian McDougal, City Manager of the City of Port Arthur, Texas, for and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration and under the terms as denoted in Ordinance No. 15-_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 Tender Loving Care Center for Children,d/b/a Legacy Community Development Corporation,Vivian L.Ballou,Executive Director. PROPERTY (INCLUDING ANY IMPROVEMENT): TRACT NUMBER SEVEN-A (7-A), IN BLOCK ONE HUNDRED SIXTEEN(116)OF THE REPLAT OF LOTS 7, 8,9, 10&A PORTION OF 11,BLOCK 116,CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORD UNDER COUNTY CLERK'S FILE NO. 2011002414 OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS(LOCALLY KNOWN AS 1105 5TH STREET). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:This conveyance and the following warranty are made expressly SUBJECT TO any and all easements, rights-of-way, P06477 P.O.NO.6477 08/04/15 BF PAGE 7 OF 21 restrictions,covenants,leases,rights of reversion and conditions as denoted in Ordinance No. 15- 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. When the context requires, singular nouns and pronouns include the plural. 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 the 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.,2015. GRANTOR, CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager P06477 P.O.NO.6477 08/04/15 BF PAGE 8 OF 21 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian McDougal, 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 for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2015. GRANTEE: TENDER LOVING CARE CENTER FOR CHILDREN, D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION BY: Vivian L. Ballou, Executive Director ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian L. Ballou, Executive Director of Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation,known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2015. Notary Public, State of Texas P06477 P.O.NO.6477 08/04/15 BF PAGE 9 OF 21 EXHIBIT "B" (1115 5th Street) PO 6477 P.O.NO.6477 08/04/15 BF PAGE 10 OF 21 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 AND INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OF YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: , 2015 Grantor: The City of Port Arthur, Texas Grantor's Mailing Address (including County): P.O. Box 1089 Port Arthur, Texas, Jefferson County, Texas 77640-4743 Grantee: Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation Vivian L. Ballou, Executive Director Grantee's Mailing Address (including County): 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County, Texas CONSIDERATION: That Brian McDougal, City Manager of the City of Port Arthur, Texas, for and in consideration of the sum of Ten and No/100 Dollars($10.00)and other good and valuable consideration and under the terms as denoted in Ordinance No. 15- 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 Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation,Vivian L.Ballou,Executive Director. PROPERTY(INCLUDING ANY IMPROVEMENT): TRACT NUMBER EIGHT-A (8-A), IN BLOCK ONE HUNDRED SIXTEEN(116)OF THE REPLAT OF LOTS 7, 8, 9, 10&A PORTION OF 11,BLOCK 116,CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORD UNDER COUNTY CLERK'S FILE NO. 2011002414 OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS(LOCALLY KNOWN AS 1115 5TH STREET). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:This conveyance and the following warranty are made expressly SUBJECT TO any and all easements, rights-of-way, restrictions,covenants,leases,rights of reversion and conditions as denoted in Ordinance No. 15- and all exceptions reservations, and conveyances of minerals and/or royalties oil and gas and/or mineral leases, P06477 P.O.NO.6477 08/04/15 BF PAGE 11 OF 21 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. When the context requires, singular nouns and pronouns include the plural. 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 the 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., 2015. GRANTOR, CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 12 OF 21 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian McDougal, 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 for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2015. GRANTEE: TENDER LOVING CARE CENTER FOR CHILDREN, D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION BY: Vivian L. Ballou, Executive Director ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian L. Ballou, Executive Director of Tender Loving Care Center for Children,d/b/a Legacy Community Development Corporation,known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 13 OF 21 EXHIBIT "C " (1125 5th Street) P06477 P.O.NO.6477 08/04/15 BF PAGE 14 OF 21 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 AND INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OF YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: , 2015 Grantor: The City of Port Arthur, Texas Grantor's Mailing Address (including County): P.O. Box 1089 Port Arthur, Texas, Jefferson County, Texas 77640-4743 Grantee: Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation Vivian L. Ballou, Executive Director Grantee's Mailing Address (including County): 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County, Texas CONSIDERATION: That Brian McDougal, City Manager of the City of Port Arthur, Texas, Brian McDougal, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration and under the terms as denoted in Ordinance No. 15- 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 Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation, Vivian L. Ballon, Executive Director. PROPERTY(INCLUDING ANY IMPROVEMENT): TRACT NUMBER NINE-A (9-A), IN BLOCK ONE HUNDRED SIXTEEN(116)OF THE REPLAT OF LOTS 7, 8,9, 10&A PORTION OF 11,BLOCK 116,CITY OF PORT ARTHUR,JEFFERSON COUNTY,TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORD UNDER COUNTY CLERK'S FILE NO. 2011002414 OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS(LOCALLY KNOWN AS 1125 5TH STREET). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:This conveyance and the following warranty are made expressly SUBJECT TO any and all easements, rights-of-way, restrictions,covenants,leases,rights of reversion and conditions as denoted in Ordinance No. 15- and all P06477 P.O.NO.6477 08/04/15 BF PAGE 15 OF 21 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. When the context requires, singular nouns and pronouns include the plural. 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 the 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., 2015. GRANTOR, CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 16 OF 21 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian McDougal, 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 for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2015. GRANTEE: TENDER LOVING CARE CENTER FOR CHILDREN, D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION BY: Vivian L. Ballou, Executive Director ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian L. Ballou, Executive Director of Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation, known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas P06477 P.O.NO.6477 08/04/15 BF PAGE 17 OF 21 EXHIBIT "D" (1135 5th Street) PO 6477 P.O.NO.6477 08/04/15 BF PAGE 18 OF 21 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 AND INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OF YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: , 2015 Grantor: The City of Port Arthur, Texas Grantor's Mailing Address (including County): P.O. Box 1089 Port Arthur, Texas, Jefferson County, Texas 77640-4743 Grantee: Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation Vivian L. Ballou, Executive Director Grantee's Mailing Address (including County): 3025 Plaza Circle Port Arthur, Texas 77642 Jefferson County, Texas CONSIDERATION: That Brian McDougal, City Manager of the City of Port Arthur, Texas, Brian McDougal, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration and under the terms as denoted in Ordinance No. 15- 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 Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation, Vivian L. Ballou, Executive Director. PROPERTY(INCLUDING ANY IMPROVEMENT):TRACT NUMBER TEN-A(10-A),IN BLOCK ONE HUNDRED SIXTEEN(116) OF THE REPLAT OF LOTS 7, 8, 9, 10&A PORTION OF 11,BLOCK 116, CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORD UNDER COUNTY CLERK'S FILE NO. 2011002414 OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY,TEXAS(LOCALLY KNOWN AS 1135 5TH STREET). RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY:This conveyance and the following warranty are made expressly SUBJECT TO any and all easements, rights-of-way, P 0 6477 P.O.NO.6477 08/04/15 BF PAGE 19 OF 21 restrictions,covenants,leases,rights of reversion and conditions as denoted in Ordinance No. 15- 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. When the context requires, singular nouns and pronouns include the plural. 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 the 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., 2015. GRANTOR, CITY OF PORT ARTHUR, TEXAS BY: Brian McDougal, City Manager P06477 P.O.NO.6477 08/04/15 BF PAGE 20 OF 21 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Brian McDougal, 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 for the purposes and consideration therein expressed, and the capacities therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 2015. Notary Public, State of Texas AGREED TO AND ACCEPTED ON this the day of , 2015. GRANTEE: TENDER LOVING CARE CENTER FOR CHILDREN, D/B/A LEGACY COMMUNITY DEVELOPMENT CORPORATION BY: Vivian L. Ballou, Executive Director ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Vivian L. Ballou, Executive Director of Tender Loving Care Center for Children, d/b/a Legacy Community Development Corporation,known to me to be the person whose name is subscribed to the foregoing instrument. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this the day of , 2015. Notary Public, State of Texas P06477