20 - Donation of certain property adjacent to Boys and Girls Club of the Red River Valleymemorandum
Item No. 20
TO: City Council
Robert G. Vine, Interim, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Donation of land to the Boys and Girls Club of the Red River Valley for expansion
of current facility
DATE: August 12, 2024
BACKGROUND: As you are no doubt all aware, the Boys and Girls Club of the Red River Valley
(the "Club") operates a facility located at 1530 NE 1St St. at which it provides childcare,
recreational, and sports programs benefitting the children, youth and families of Paris and the
surrounding area. The Club provides a safe place for youth, including at risk youth, and its
programs fulfill a public need. The Club has outgrown its current facility and has commissioned
plans for expansion so that it can continue to serve the families it currently serves and expand the
programs to serve more families. The land that the Club currently owns on NE 1St St. will not
accommodate any expansion of the facility.
The City owns property adjacent to the Club on the East (the "Property).' This property has two
baseball fields on it, but neither have been used in many years. On December 14, 2020, the Club
approached the City Council to request that the City donate the Property to the Club to facilitate
the expansion. At that same meeting, Council approved the conveyance subject to the conditions
discussed below.
The Property has been the subject of many leases over the course of a period of decades, both to
the Club and to the Red River Valley Fair Association ("RRVFA"). At one time, the Club leased
all of the Property and used the fields in its baseball program. The Club eventually discontinued
its baseball program, and on March 27, 2006 the City released the lease with the Club on the
property to the far east known as "Reese Field." Prior to that time, going back at least as far as
2001, the City had leased the property to both entities on a rotating basis, under which the Club
would have use of it during baseball season, and RRVFA would have use of the property for
1 After replatting as explained below, the Property is described as All of Lot 1, Block 14 of the Replat of the
Henry Clements "Fairview Addition" according to the Replat filed of record in Envelope 495B, Lamar County
Plat Records. I have included an aerial view of the Property at the end of this Memorandum with an inexact
representation of what is to be conveyed.
parking during the other months to accommodate parking for Red River Valley Fair and other
events. After the City and the Club agreed to end the Club's lease to the Reese Field property, via
Resolution 2006-051, City Council approved Addendum Number One to Lease Agreement Dated
March 10, 1997, Between the Red River [sic] Fair Association and the City of Paris, Texas which
incorporated the Reese Field property into the overall lease between the City and RRVFA. Said
lease is set to terminate on March 31, 2027.
Consequently, the conveyance of the Property will need to be made subject to this lease with
In addition, as a general rule, a municipality may not simply donate real property to a private party;
however, this general rule has several exceptions, including conveyance to a nonprofit entity for a
public use. This exception is codified in Tex. Local Gov. Code Sec. 253.011, which provides that
the deed conveying the property must contain a clause stating that if the grantee ever ceases to use
the property for the public purpose, the land automatically reverts back to the ownership of the
municipality.
Finally, prior to conveying the property to the Club, the Property required subdivision since the
fields were part of a larger tract.
STATUS OF ISSUE: After several fits and starts, the replat is complete and the Club is ready to
move forward with its expansion plans. Before you is a resolution approving the conveyance
subject to the reverter requirement on the entire Property and the RRVFA lease on the Reese Field
portion, and authorizing the Mayor to execute the No Warranty Deed (Subject to Reverter and
Lease) attached thereto.
BUDGET: NA
RECOMMENDATION: Approve a resolution conveying the property east of the Boys and Girls
Club of the Red River Valley to the Club and authorize the Mayor to execute a No Warranty Deed
(Subject to Reverter and Lease) and any other documents necessary to effectuate the conveyance.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING THE DONATION OF CERTAIN REAL PROPERTY TO THE BOYS
AND GIRLS CLUB OF THE RED RIVER VALLEY; FINDING THAT SUCH
DONATION IS FOR A PUBLIC USE; AUTHORIZING THE MAYOR TO
EXECUTE A NO WARRANTY DEED TO EFFECTUATE SAID DONATION;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Boys and Girls Club of the Red River Valley (the "Club") is a non-profit
corporation of long standing serving the children and youth of Lamar County through its
childcare, recreational, and sports programs; and
WHEREAS, such programs have shaped many lives over a period of decades, and the
Club provides essential services which greatly benefit the public; and
WHEREAS, the Club owns and operates a facility located at 1530 NE 1St St. in the City
of Paris (the "Facility"); and
WHEREAS, the existing Facility is in need of renovation and is no longer sufficient in
size to accommodate the many families in need of its programs, and the Club has
commissioned plans to expand and update the Facility; and
WHEREAS, the Club does not own real property sufficient to accommodate the
planned expansion of the Facility;
WHEREAS, the City owns property described as all of Lot 1, Block 14 of the Replat of
the Henry Clements "Fairview Addition" which is adjacent to the Club (the "Property") and
which has not been used by the City for many years; and
WHEREAS, on December 14, 2020, the Club's board of directors approached City
Council requesting that the City donate the adjacent Property to the Club to provide the space
for the planned expansion; and
WHEREAS, at that time, the Property required replatting in order to facilitate such a
donation; and,
WHEREAS, Texas Local Government Code Sec. 253.001 provides that municipality
may convey real property to a qualifying non-profit corporation if the use of the property
will be for a public use, provided that the conveying instrument must provide that if the
property ceases to be used for said public use, it shall revert back to the municipality; and
WHEREAS, on December 14, 2020, City Council voted unanimously to do donate the
Property to the Club subject to replatting and the condition that the Property revert back to
the city if it ever ceases to be used for a public purpose; and
WHEREAS, the replatting process has now been completed; and
WHEREAS, the far eastern portion of the Property, formerly known as "Reese Field,"
is under lease to the Red River Valley Fair Association, and the conveyance of the property
must be made subject to that lease;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the programs offered by the Boys and Girls Club of the Red River
Valley, a Domestic Nonprofit Corporation, serve a public purpose in providing safe childcare,
sports, and recreational activities to the children, youth, and families of the area, including
the residents of the City of Paris; that these programs fill a vital public need; and that the use
of property for the provision of those services constitutes a public use.
Section 2. That the City Council of the City of Paris, Texas, hereby approves the
conveyance of the land described as All of Lot 1, Block 14 of the Replat of the Henry Clements
"Fairview Addition" according to the Replat filed of record in Envelope 495B, Lamar County
Plat Records subject to the following two provisions:
a. To satisfy the requirements of Texas Local Government Code Sec. 253.001, the
No Warranty Deed (Subject to Reverter and Lease) attached here as Exhibit
A, shall contain a reverter clause providing that the Property shall be
continuously used by the Grantee for charitable and benevolent purposes
supporting the youth of the Red River Valley by providing childcare and
recreational opportunities, and should Grantee or a subsequent Assignee
cease to use the Property for this purpose, the Property shall immediately
revert to the City.
b. That said conveyance is subject to the City's lease to the Red River Valley Fair
Association of the portion of the Property formerly known as "Reese Field,"
which lease is set to expire on March 31, 2027.
Section 3. That the City Council hereby authorizes the Mayor to execute the No
Warranty Deed (Subject to Reverter and Lease) attached hereto as Exhibit A and any other
documents necessary to effectuate this conveyance.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 12th day of August, 2024.
Mihir Pankaj, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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 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
NO WARRANTY DEED
(SUBJECT TO REVERTER AND LEASE)
Date: June 25, 2024
Grantor: THE CITY OF PARIS, a municipality
Grantor's Mailing Address:
135 SE 11t Street
Paris, Texas 75460
Grantee: The Boys and Girls Club of the Red River Valley, a Domestic Nonprofit Corporation
Grantee's Mailing Address:
1530 NE 11' Street
Paris, Texas 75460
Consideration: As a gift to the Grantee, for the Public good, subject to the Fee Simple Determinable
Condition detailed below.
Property (including any improvements):
All of Lot 1, Block 14 of the Replat of the Henry Clements "Fairview Addition" according to the
Replat filed of record in Envelope 495B, Lamar County Plat Records.
Reservations from and Exceptions to Conveyance and Warranty:
Fee Simple Determinable Condition: The property shall be continuously used by Grantee for charitable and
benevolent purposes supporting the youth of the Red River Valley by providing childcare and recreational
opportunities. If Grantee or its successors and/or assigns (of like charitable nature) fails to use the property
for this purpose, this property shall immediately revert to Grantor.
Lease: Subject to Lease with Red River Valley Fair Association, a copy of which has been provided.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance, grants, gives, 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, without express or implied warranty. All warranties that might arise by
common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are
excluded.
When the context requires, singular nouns and pronouns include the plural.
THIS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON
INSTRUCTIONS GIVEN TO US BY OUR CLIENT. NO TITLE OPINION, TITLE
EXAMINATION, OR OTHER INFORMATION HAS BEEN FURNISHED TO US IN
CONNECTION WITH ITS PREPARATION.
THE CITY OF PARIS
I Ilya
ACCEPTANCE OF GIFT:
THE BOYS AND GIRLS CLUB OF THE RED RIVER VALLEY
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR
This instrument was acknowledged before me on 2024 by
..�
of the City of Paris, acting in his official capacity for the
benefit of T
he City of Paris.
Notary Public
Acknowledgment)
STATE OF
COUNTY OF
This instrument was acknowledged before me on _._, 2024 by
of the City of Paris, acting in his official capacity for the
benefit of The Boys and Girls Club of The Red River Valley.
Notary Public
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
The Boys and Girls Club of The Red River Valley Sydney Young
1530 NE ls` Street 2765 NE Loop 286
Paris, TX 75460 Paris, TX 75460