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Res 063-98 5/5/1998RESOLUTION NO. � S -CIF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED TO HABITAT FOR HUMANITY OF WICHITA FALLS FOR THE PROPERTIES AT 912 -918 CHANCE STREET; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, in accordance with Chapter 272.001 of the Texas Local Government Code, the City of Wichita Falls may convey property, without the solicitation of bids, to non - profit entities for economic development programs authorized by Title I of the Housing and Community Development Act; and WHEREAS, Habitat for Humanity of Wichita Falls desires to construct several homes on the Eastside of Wichita Falls for the benefit of qualified low -to- moderate income families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. On behalf of the City of Wichita Falls, the City Manager is authorized to execute the attached special warranty deed to Habitat for Humanity of Wichita Falls on the property at 912 -918 Chance Street. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 5t" day of May, 1998. ATTEST: i City Clerk MAY R STATE OF TEXAS COUNTY OF WICHITA § SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT the City of Wichita Falls, a municipal corporation, acting herein by its City Manager, James Berzina, as authorized by a City Council Resolution dated May 5, 1998, for and in consideration of the sum of Ten and No/ 100 ($10.00) Dollars to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto Habitat for Humanity of Wichita Falls all of the following described real property located in Wichita County, to -wit: LOTS 3, 4, 5, AND 6, BLOCK 1, BLACKMON AND WILLIAMS 2ND ADDITION, a/k/a 912 -918 CHANCE STREET, WICHITA FALLS, TEXAS This conveyance is made subject to all valid restrictions, covenants, conditions, rights -of -way, easements and other reservations, if any, affecting the hereinabove described property and which are duly recorded in the office of the County Clerk in and for Wichita County, Texas. This conveyance is also subject to the limitations contained in the letter attached hereto as Exhibit A and incorporated herein. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, their successors and assigns forever. And the City of Wichita Falls does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said Grantee, their successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the aforesaid Grantor, but not otherwise. WITNESS MY HAND this the day of M ATTEST 1998. APPROVED AS TO FORM: City Attorney STATE OF TEXAS § COUNTY OF WICHITA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared James Berzina, City Manager for the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing document, and acknowledged to me that the same was the act of the said City of Wichita Falls, Texas, a municipal corporation, and that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 1998 GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of Notary Public, in and for the State of Texas Exhibit A Wichita' S Department of Community Development (940) 761 -7451 April 22, 1998 Habitat for Humanity 3910 Call Field Road, Suite B Wichita Falls TX 76308 RE: LETTER OF AGREEMENT FOR TRANSFER OF PROPERTY Dear Habitat for Humanity of Wichita Falls: The City of Wichita Falls agrees to donate the properties at 912 Chance Street (Lot 6, Block 1, Blackmon & Williams 2), 914 Chance Street (Lot 5, Block 1, Blackmon & Williams 2), 916 Chance Street (Lot 4, Block 1, Blackmon & Williams 2), and 918 Chance Street (Lot 3, Block 1, Blackmon & Williams 2), Wichita Falls, Texas to Habitat for Humanity of Wichita Falls. These properties are to be used exclusively for the construction of low- to moderate - income, single - family residences. Construction must commence within one (1) year from the title transfer of these properties. Habitat for Humanity agrees to abide by all City of Wichita Falls ordinances including but not limited to zoning and building regulations. Should construction fail to commence within one year or the properties be used for purposes other than those previously stated, ownership will revert back to the City. Please sign both copies of this agreement and return to this office. Upon execution, one copy will be mailed to your office. Sinc ely, David A. Clark Director Agreed to and executed by: Habitat for Humanity of Wichita Falls (authorized agent) (title) _ d� � �? (date) Agreed to and executed by: City of Wichita Falls (authorized agent) 1300 7th Street P.O. Box 1431 Wichita Falls, Texas 76307 (title) (date)