10 - Release of Lien and Waiver Request - 503 W. WashingtronNo. 10
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Path, City Manager
SUBJECT: Release of Lien / Waiver Request
DATE: April 11, 2022
BACKGROUND:
In January 2013, the City of Paris demolished a dangerous structure located at 503 W Washington
(the primary structure on the property) and applied a lien against the property on January 11, 2013
in the principal amount of $6,519.69. The lien has continued to exist on this property, unpaid,
since that time. The taxes have all been paid and there have been no other nuisance violations
requiring an assessment of a lien since that time.
STATUS OF ISSUE:
Mr. Santiago Pena has purchased the next door property of 433 W Washington Street within the
last year and would like to purchase 503 W Washington Street to extend his yard. Mr. Pena has
provided the City Council with a proposal with his plans for the property and the work he is going
to do. The key items in his proposal, from a code and nuisance perspective, are:
1. Tear down and remove existing sheds on the property.
2. Remove all of the concrete on the property that is not needed.
3. Bring in loads of dirt to level the entire parcel.
Mr. Pena has plans for yard improvements, sprinkler system, fencing, etc. that will add to the
aesthetic look of this property. He also plans to add a new shed unit, but this would require plating
and combining the properties, which can be done. He has stated that he plans to spend about $20k
cleaning up and preparing the property for his use.
According to Mr. Pena, the previous owner of the property has passed away, he is working with
the heirs. They are willing to sell him the property for $1,000.00. The sellers have also informed
Mr. Pena that it is his responsibility to address the lien on the property.
Mr. Pena has requested that the City Council 1) forgive the owed expense on the lien and 2) release
the lien on the property.
The City Manager has developed a process he goes through for considering when to forgive
principal and/or interest for Nuisance Liens. It is not perfect, but this procedure allows him to
remain fairly consistent each time. Given there are so many different factors and scenarios
involved with properties all over town, the City Manager attempts to adhere totwo goals:
1. Protect the taxpayer dollar — resist forgiving liens whenever possible given taxpayers had
expense in maintaining the property, while
2. Finding a way to get the property in to the hands of someone who will maintain — possibly
develop — the property, thus alleviating the taxpayers of having to further maintain the
1�
Taking in to consideration both goals, the City Manager's analysis in this situation is as follows:
the value of the lien (principal + interest) greatly exceeds the value of the property, although the
value of the property exceeds the value of the principal of the lien. The property is zoned 2F and
it appears to be appropriately sized for a house if one were to be built, The owner has supposedly
passed away while a neighbor is interested in obtaining and maintaining this property. This
property has however been maintained in the past, taxes paid, and no other nuisance violations
have been recorded, therefore there are no issues that would require tax foreclosure. This property
does not
it could easily become one. Options will be presented below.
There is no new expense to the City in this situation to agree to releasing and forgiving the lien,
�1111iffi , 1 1 1: 1�i`
1. Approve a Resolution for the waiver of the January 11, 2013 Structure Lien for 503 W
Washington Street.
2. Approve a Resolution for the waiver of a portion of the January 11, 2013 Structure Lien
for 503 W Washington Street.
a. Waive all or part of interest in the amount of $1.00 - $8,853.40, and/or
b. Waive all or part of principal in the amount of $1.00 - $6,519.69.
3. Request a development agreement be created where the owner pays all or a portion of the
lien upfront, release the lien, and upon completion of work (to be decided by the council)
reimburse the payment amount to Mr. Pena.
4. Do not waive any portion of the lien.
RECOMMENDATION:
The City Council has not considered many of these since the City Manager's tenure, so he is
unfamiliar with their preference and thoughts on this topic. With that said, if this were a nuisance
situation (non -structure), the City Manager would likely consider waiving at most the interest
given the value of the principal + interest is greater than the value of the property, but the value of
the property is greater than the value of the principal alone. Had the future owner been considering
the construction of a house, then waiving all of the principal might have made sense too. The
property will benefit by having an on-site and interested owner which should prevent it from
turning in to a nuisance site under its current trajectory. The City Manager might recommend
against a 100% waiver given the precedent this sets, but we see so few of these and typically we
waive them during foreclosures anyway if that were to come up. So it would not be unheard of.
Grayson Path
From: spenaco@aol.com
Sent: Tuesday, April 5, 2022 12:53 PIVI
To: Grayson Path; spenaco@aol.com; cantinadlsdoll@aol.com
Subject: Re: 503 W Washington Street
I Mr. Path,
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Santiago Pena PA
US ARMY Vet Ret
CEO, Senior 1)eveloper, Animation, Concelptual Designier Art & Sculpture, (""'Oncretie, Steel, any Desi
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2021'A + BBB
42,yrs of Consinicliory, Designing, Building, & Deniiofidon
4,000WE57GROVE DRVE, ADINSON, TEXAS Suite 1003WORUSTWE"E71 DALLAS, rEXAS75226214-748-8831 214-370-3457
pindustriies, c F-acebook, Twifferw , Lirpkedln, mewYouTube
"Always Do Your Very, Very, Best It, Does Mattpr" Integrily, Couragp, Honor, Trust, and Coinmittivent
Dallas, Addison, Arlington, Paris
-----Original Message ----
From: Tracey Sullins <cantinadlsdoll@aol.com>
To: Spenaco@aol.com <Spenaco@aol.com>
Sent: Mon, Apr 4, 2022 4:31 pm
Subject: Fw: 503 W Washington Street
Tracey Sullins
Penaco Industries
3909 Elm Street
Dallas Texas 75226
1rtirwarded IVIessage
Firorn:�3raysr""�rj
C(,� Ste fl,'arfle H""unt, gov>, Vir"i g( )v>, "Aricirf,"'AA(
Rdi�iert "Bflke <bt"ari1s( tFaiIsIexas,gov>, Janke Dlis"
Serit: \Ar,an, AIx'4, 2()22 at',15: 1 13 1"-1N1
503 VV was1 ingtorl 'Stree��
Ms. Sullins,
This email is for Mr. Santiago Pena. From my understanding, I need to forward this to you to get to him. Could you
please forward this on for me to Mr. Pena?
Mr. Pena,
I have reviewed your proposal and request for 503 W Washington Street to the City Council for the waiver and release of
the existing structure lien. According to my records, we have one (1) dangerous structure abatement lien on this property
which occurred in 2013 when the City paid for the demolition of a structure (I presume the primary dwelling). There still
remains a garage/shed on the property. This came at an expense to the tax payers of $6,519.69. According to our
codes, this has now accrued interest in the amount of $8,853.40, for a total of $15,373.09. According to LCAD, the
property is valued at $8,950.00, you are under contract to purchase it for $1,000.00, and you have plans to extend your
yard from 433 W Washington Street. Your plans also include demolishing of the existing remaining structure, extending of
your fence, yard improvements, etc.
Pursuant to our City Code, structural liens are released upon payment. However, the City Council can consider requests
to waive all or a portion of the lien. As such, this is a matter that I must therefore take before the City Council. I believe I
have everything I need for the packet (to be sensitive to your arrangements, I will exclude the selling document).
To prepare you for the discussion, the City Council will be offered several options to consider — to which they may have
more that I do not think of. Those will consist of:
1. Do not waive the lien.
2. Waive a portion of the lien (ex: interest).
3. Consider an arrangement where you pay the lien (or a portion therefore), and perhaps if you perform the work you
have proposed, the City rebates it back to you upon completion.
All of these are examples of what the Council has done in the past, it is very much case by case given every situation is
unique. I would encourage you to make plans to attend the meeting which will occur on Monday, April 11, 2022 at 5:30
pm in the City Hall Council Chamber. If you attend and are interested in presenting your request directly to the council,
the Mayor will initiate the agenda item, I will present, and then, with Council's approval, I will give you an opportunity to
speak. Please understand that while the City Council enjoys assisting individuals in whatever way they can, they have to
also balance the fact that taxpayers paid to remove this structure and should be compensated whenever possible.
If you have any questions or would like to discuss this, please let me know. I will include your proposal in the agenda
packet for the council to review.
Thank you,
Grayson Path
City Manager
City of Paris, Texas
135 SE 18t Street
PO Box 9037
Paris, TX 75461
(903) 784-9202
OPEN RECORDS NOTICE: This email and any responses may be subject to the Texas Open Records laws and may be
disclosed to the public upon request
March 23,'d 2022'
To The
Honorable City Council of Paris, Texas
From: Mr. Santiago Pena, A PA.
Penaco Industries Group, LLC
Subject: A Property located within the
City Limits of The Paris, Texas
Location: 503 W. Washington Street
Paris, Texas 75460
March 23,'d 2022'
Proer ! Location:
503 W Washington St, Paris TX 75460
jopression:
On first site the property is seen as un -kept, dirty, trashy, and
extremely unwanted as it has been left to fin for itself.
Usually a property like this is left for many years, alone, growing
weeds, filling with trash day in and day out, longing for someone to
come along and lend a hand, pitch in, and care for it, even if just a
little bit of care.
Visualization:
On short notice the property at 433 W Washington St. came up
for sale. I found it intriguing and I decided to take a chance and
purchase the property. Looking around the property I came upon the
503 W. Washington property. I found it interesting, challenging, and
in desperate need of a caretaker I saw the parcel as a grander part
it had to still play in this neighborhood. Laying in the realm of so
many un -kept and dilapidated homes & yards it yearns to be a
shining star and become a major part of a new beginning, so I have
decided to purchase this property as well, and a join the 503 with
the 433 property and create a grandscape.
Investyyr
eg tion
Upon my searching and in speaking to the current owner of the
503 W. Washington parcel I have discovered that there is a large lien
that has been placed on the property by the City of Paris, TX. The
cost was in the range of $6,500.00 - $6,800. 00. My understanding is
that this occurred over 10 years ago. Also, the money has never been
paid to the City of Paris by the current owner in this length of time
passed and now interest charges have accrued on the originl amount
owed and the new balance is now in excess of
$16, 000.00 USD.
AU ,Wish,:
I only have the very best interest in mind for this parcel @ 503 TTI
Washington St. I am pleading with the City of Paris City Council to
please allow the dissolve of all fees, liens, and encumbrances to be
removed, and released for this property, that of which in turn would
allow me to invest the adequate funding that will be needed in order
for me to make this parcel a clear, clean, decisive, and beautiful
integral part and addition to the 403 W. Washington Street property.
MLPlans:
I have outlined a list of items along with what I will be doing to
make the property at 503 TAY. Washington a beautiful part of the
neighborhood and a proud part of the City of Paris, TX.
503 W Washington Street, Paris Texas 75460
Plan:
• Purchase property and completely clean entire parcel.
• Trim and remove all trees necessary.
• Remove all dead tree stumps.
• Tear down and remove existing sheds on the property.
• Remove all of the concrete on the property that is not needed.
• Bring in loads of dirt to level the entire parcel.
• Scrape all of the foliage undergrowth and prepare for plants.
• Prepare property for the installation of water sprinkler system.
• Install buried water sprinkler system throughout entire parcel.
• Clean along entire perimeter of parcel and prepare it for
fencing.
• Install new fence along front of property on Washington street
side.
• Prepare property posts for exterior lighting along all of parcel.
• Install outdoor lighting on the entire perimeter (landscaping
• Bring in and install all new landscaping to match 433 W.
Washington.
• Install all outdoor cameras along fence lines of parcel.
• Prepare an out building for storage of all landscaping
equipment.
• Plant new lawn throughout the property where desired.
Final:
In the truth there is not a final Chapter to this proposal, there is
only the beginning, the P Chapter of a string of more enduring and
positive Chapters that will come to he and lay claim as long lasting
memories yet to he had, made and enjoyed, and cherished as we'
walk into the shadows of the past and into the light of the future and
make our way into and out of The Trail of years through the
passages of time.
Thank You for your time, your presence, and your understanding
and I look forward to many years of service as I embark as the
newest curator of these properties.
All of My Best,
Santiago Pena
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, TO
WAIVE PRINCIPAL AND INTEREST ON A DANGEROUS STRUCTURE
ABATEMENT LIEN ON PROPERTY DESCRIBED AS CITY OF PARIS BLOCK
155, LOT 3, LOCATED AT 503 W. WASHINGTON STREET TO FACILITATE
SALE OF THE PROPERTY TO AN ADJACENT NEIGHBOR; MAKING OTHER
FINDINGS AND PROVISIONS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Santiago Pena of 433 W. Washington Street would like to purchase 503
W. Washington Street (the "Property") to extend his yard, proposing to remove existing
sheds, concrete bringing in dirt to level the property, and installing a sprinkler system; and
WHEREAS, said Property is subject to a Dangerous Structure Abatement Lien dated
January of 2013 (the "Structure Lien") in the principal amount of $6,519.69, which principal
has accumulated interest in the approximate amount of $8,853.40 for a total of $15,373.09;
and
WHEREAS, no other liens have been assessed against the Property and the taxes have
remained paid; and
WHEREAS, the Property is valued by Lamar County Appraisal District at $8,950.00;
and
WHEREAS, Mr. Pena has requested that the City waive said Structure Lien to facilitate
his purchase of the Property and has agreed to purchase it from the owner's heirs for
$1,000.00; and
WHEREAS, the City Council believes that it would be in the best interest of the city
and its residents to waive the repayment of principal and interest related to the Structure
Lien so as to facilitate the purchase of the Property by Mr. Pena;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. The City Council hereby waives and forgives repayment of principal and
interest on the Structure Lien attached hereto as " in the total approximate amount
of $15,373.09 to facilitate the sale of the property and allow improvements.
Section 3. The city attorney is directed to prepare and cause releases for said lien.
Section 4. This Resolution shall take effect immediately after its passage in
accordance with the provisions of law.
PASSED AND APPROVED this 11th day of April, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
DANGEROUS STRUCTURE ABATEMENT
AFFIDAVIT OF LIEN
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That, the CITY OF PARIS, Paris, Texas, 1501st Street S.E., Paris, Texas, by and through its'
Building and Standards Commission, after having given written notice of at least thirty (30) days (or
after having given notice by publication) for the owner to repair, remove, or demolish a structure or
structures from the following described lot or lots:
503 W Washington; City Block 155, Lot 3
and the said OWNER of said lot, Brian Paul Seymour, failed (or refused) within the time so ordered to
complete said repairs, removal or demolition after notice addressed to such owner was deposited in
the Post Office (or aftersuch publication if said owner's address was not known), the City of Paris did,
on 81912012, cause the following work to be done and paid $6503.69 for the same:
DEMOLISHIREMOVE STRUCTURES, plus $16.00 filing fee.
In accordance with V.T.C.A. Health and Safety Code, Chapter 342, and Article III, Chapter 7,
Code of Ordinances of the City of Paris, Paris, Texas, this statement executed by ROBERT TALLEY,
Code Inspector for the City of Paris, is filed with the County Clerk of Lamar County forthe purpose of
fixing a privileged lien upon the above described property, which lien is second only to tax liens and
liens for street improvements, said lien being fixed for the purpose of securing the above described
expenditure in the amount of $6519.69 which amount shall bear interest at the rate of ten percent
(10%) per annum from the 1st day of FEBRUARY, 2013, that being the day of such expenditure. For
any such expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the
name of the City of Paris.
Signed on JANUARY 11, 2013.
f
w ZZU _w
ROBERT TALLEY
Code Enforcement Superb sor
STATE OF TEXAS
COUNTY OF LAMAR )
I certify under my seal of office on this /I day of . Sar a _ , 20__!'3___, that on
this date personally appeared ROBERT TALLEY, Code Officer for the City of Paris, known to me to be
the person whose name is subscribed to the foregoing instrument, and signed the foregoing
instrument in writing before me and upon his/her oath stated and swore before me that the facts
stated therein are true and correct.
RETURN TO: Robert Talley
P. O. Box 9D37
Paris, TX 75461-9037
Notary Public, State of Texas
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