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