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2024-035 - Donation of Certain Real Property to the Boys & Girls Club of the Red River ValleyRESOLUTION NO. 2024-0 5 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. \011111111/11" / -\HE CI7'y ""// N - ATTEST: ice Ellis, City Clerk AS TO FORM: H. Harris; City Attorney :f Gary &:q6""' ,Wge, ayor o -Tem 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 11 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 1g' 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 Sim le 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 EXAMINATION, OR OTHER INFORMATION HAS CONNECTION WITH ITS PREPARATION. THE CITY OF PARI$ BY: ....... mmr__. ACCEPTANCE OF GIFT: THE BOYS AND GIRLS CLUB OF THE RED RIVER VALLEY (Acknowledgment) STATE OF TEXAS COUNTY OF LAMAR NO TITLE OPINION, TITLE BEEN FURNISHED TO US IN as ac led ec bef r me onof the Ci of Paris, his. 2024 by T,Na - City g official capacity for the ....... s instrument w. bene f of The Ckof a- ♦M1PY PUgli JANICE ELLIS a° NOTARY PUBLIC STATE OF TEXAS . ...... .. . s,�PyMY COMM. EXP. 01/30/28 a 'ary Publickr. re�NOTARY ID 4869869 Acknowledgment) STATE OF _....... COUNTY OF This instrument was acknowledged before me on __, _ ,,,,,m,m,m,m,„ ,,,,,n„_, m__. _,, 2024 by of the City of Paris, acting in his official capacity for the benefit of The Boys and Girls Club b 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 1st Street 2765 NE Loop 286 Paris, TX 75460 Paris, TX 75460