13 - Re-Sale of Three Propertties to Paris-Lamar County Habitat for Humanity pursuant to the 4-In5 Infill Housing ProgramItem No. 13
R910 W111 �M �M
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Grayson Path, City Manager
Tracy Pounders, Delinquent Tax Attorney
SUBJECT: PRIVATE TAX RE -SALES
DATE: February 13, 2023
BACKGROUND:
Tracy Pounders with the law firm of Abernathy Roeder Boyd & Hullett PC has arranged for the
private sale of three (3) tax delinquent properties for the total amount of $3.00 to Paris/Lamar
County Habitat for Humanity. These properties had previously been struck off to the City of Paris
as trustee following a tax sale. The City has been working closely with Habitat for Humanity to
obtain these three properties.
STATUS OF ISSUE:
The following properties have been prepared to be sold to Habitat for Humanity:
Tract 1: "GIBBONS-BRADEN ADDITION, BLOCK 8, LOT 34", commonly known as
1274 SE 15TH, Paris, Lamar County, Texas [Lamar CAD #11594;
Tract 2: "CITY OF PARIS, BLOCK 69-B, LOT 3", commonly known as 448 10TH NE,
Paris, Lamar County, Texas, Lamar CAD # 14651; and
Tract 3: "CITY OF PARIS, BLOCK 161, LOT 1", commonly known as 813 SE 5TH, Paris,
Lamar County, Texas, (Lamar CAD #16659 (the "Trustee Property")
Ms. Martin with Paris/Lamar County Habitat for Humanity intends to build a residence on each of
these lots. These properties will be included in a 5 in 5 agreement which will be brought to you at
a future meeting.
BUDGET:
The City will receive its prorated share of the proceeds of sale as required by the Texas Property
Tax Code.
RECOMMENDATION:
Approve the resolution consenting to the Private Re -Sale of three Tax Foreclosed Properties to
Paris/Lamar County Habitat for Humanity as proposed.
RESOLUTION NO.
A RESOLUTION APPROVING THE RE -SALE OF THREE
PROPERTIES, PREVIOUSLY BID -OFF TO THE CITY OF PARIS,
TRUSTEE, TO PARIS/LAMAR COUNTY HABITAT FOR HUMANITY
PURSUANT TO THE 5 -IN -5 INFILL HOUSING PROGRAM
WHEREAS, the below described real property or properties (the "Property") was
previously bid off and sold to the City of Paris, Trustee, as trustee for itself, Lamar County, Paris
ISD and Paris Junior College (hereinafter the "Grantors") at public auction; and,
WHEREAS, Texas Property Tax Code Section 34.05(i) provides that tax foreclosed
properties previously bid off to taxing units ("Trustee Properties") may be sold by private sale in
lieu of a public sale under Texas Property Tax Code Section 34.05(c) & (d) with the approval of
all taxing units entitled to receive proceeds from the sale; and
WHEREAS all of the taxing units entitled to receive proceeds from the sale of the
Property have consented to the private sale of the Property to the Grantee, in advance, as
permitted by Section 34.051 of the Texas Property Tax Code; this advance consent is evidenced
by that interlocal agreement approved by all Grantors on January 24, 2022, an original being
maintained by the City of Paris (approved by: the City of Paris, City Council agenda of January
24, 2022, item #22; Paris Junior College, Regents' agenda of January 24, 2022, item 46; Lamar
County, Commissioners Court agenda of January 24, 2022, item 42; and the Paris Independent
School District, Trustees' agenda of January 24, 2022, item #4); and
WHEREAS PARIS/LAMAR COUNTY HABITAT FOR HUMANITY has offered to
purchase the Property by private sale pursuant to the 5 -in -5 Infill Housing Program; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PARIS THAT:
Section 1. The sale of the following Property to PARIS/LAMAR COUNTY
HABITAT FOR HUMANITY for THREE AND NO/100 $3.00 DOLLARS is hereby
approved:
Tract 1: "GIBBONS-BRADEN ADDITION, BLOCK 8, LOT 34", commonly known as
1274 SE 15TH, Paris, Lamar County, Texas [Lamar CAD #11594, $1.00]
Tract 2: "CITY OF PARIS, BLOCK 69-B, LOT 3", commonly known as 448 10TH NE,
Paris, Lamar County, Texas [Lamar CAD #14651, $1.001
Tract 3: "CITY OF PARIS, BLOCK 161, LOT 1", commonly known as 813 SE 51H,
Paris, Lamar County, Texas [Lamar CAD #166599 $1.00]
Private Protiertv Tax Re -Sale Resolution, Page 1 of 2
PASSED AND APPROVED this
ATTEST:
BY
Janice Ellis, City Clerk
day of , 2023.
Private Proverbi Tax Re -Sale Resolution, Page 2 of 2
CITY OF PARIS, TEXAS
BY
Paula Portugal, Mayor
APPROVED AS TO FORM:
M.,
Stephanie Harris, City Attorney
TAX DEED
(Private Sale: '5 in 5' Infill Program)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR §
THAT WHEREAS, the below described real property or properties (the "Property") was
previously bid off and sold to the City of Paris, Trustee, as trustee for itself, Lamar County, Paris
ISD and Paris Junior College (hereinafter the "Grantors") at public auction; and,
WHEREAS PARIS/LAMAR COUNTY HABITAT FOR HUMANITY (hereinafter
"Grantee") has offered to purchase the Property by private sale; and,
WHEREAS all of the taxing units entitled to receive proceeds from the sale of the
Property have consented to the private sale of the Property to the Grantee, in advance, as
permitted by Section 34.051 of the Texas Property Tax Code; this advance consent is evidenced
by that interlocal agreement approved by all Grantors on January 24, 20229 an original being
maintained by the City of Paris (approved by: the City of Paris, City Council agenda of January
249 2022, item 422; Paris Junior College, Regents' agenda of January 24, 2022, item #6; Lamar
County, Commissioners Court agenda of January 24, 2022, item #2; and the Paris Independent
School District, Trustees' agenda of` January 24, 2022, item #4).
THEREFORE, the Property is hereby sold and struck off, for the total sum of THREE
AND NO/100 ($3.00) DOLLARS, to the Grantee:
NOW, THEREFORE, in consideration of the premises aforesaid, and of the payment of
the aforesaid sum, the receipt of which is hereby acknowledged, 1, PAULA PORTUGAL, as
MAYOR, acting on behalf of City of Paris, Lamar County, Paris ISD and Paris Junior College,
have Granted, Sold, and Conveyed, and by these presents do Grant, Sell, and Convey unto the
said grantee(s) all of the estate, right, title, and interest to said property being located in Lamar
County, and described as follows:
PROPERTY DESCRIPTION
• Tract 1: "GIBBONS-BRADEN ADDITION, BLOCK 8, LOT 3-41", commonly known as
1274 SE 15"'", Paris, Lamar County, Texas [Lamar CAD M11594,$1.001
• Tract 2: "CITY OF PARIS, BLOCK 69-B, LOT 3", commonly known as 448 10TH NE,
Paris, Lamar County, Texas [Lamar CAD #14651, $1.00]
• Tract 3: "CITY OF PARIS, BLOCK 1.61, LOT V, commonly known as 813 SE 5TH,
Paris, Lamar County, Texas [Lamar CAD #16659, $1.001
Tax Deed ('5 in 5' Infill Program), Page 1 ot'3
TO HAVE AND TO HOLD the above described premises, together with all and
singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said
grantee(s), his heirs and assigns forever, the aforesaid premises or appurtenances, or any part
thereof, as fully and absolute as I, PAULA PORTUGAL, as MAYOR aforesaid, can convey;
SUBJECT HOWEVER to the following covenant(s), condition(s) and restriction(s): (1)
rights of the public to any portion of the above described property lying within the boundaries of
dedicated or existing roadways or which may be used for road or street purposes, (2) visible and
apparent easements over or across subject property, (3) rights of parties in possession, and (4)
post judgment year taxes (if any), the payment of which is assumed by Grantee herein.
CONVEYANCE OF THE PROPERTY HEREIN IS MADE "AS IS" and
Grantors make no warranty or representation as to the title, condition, suitability for any
use, property description, property size or dimension, or location of the property. No
survey of the property has been conducted by the taxing units prior to sale: some of
property descriptions come from the tax maps of the City of Paris and the Lamar County
Appraisal Districts rather than from recorded plat maps. It is the responsibility of the
Grantee(s) to determine what rights, if any, have been conveyed by the Grantors to the
Grantee(s) by this instrument.
This conveyance is also made expressly subject to any existing right of redemption
remaining to the former owner(s) of the property under the provisions of law and also
subject to any recorded restrictive covenants running with the land, and valid easements of
record as of the date of this sale. Ownership of any single Property conveyed by this deed
shall revert to the City of Paris, at its sole option without compensation to the Grantee,
should any of the following events occur during the period in which the Grantee has an
ownership interest in the Property and during the term of the `5 in 5' Program agreement
between the City of Paris and Grantee or Grantee's successors (said agreement is hereby
incorporated into this deed by reference as if written word-for-word herein): (1) failure to
maintain the property as required by law, evidenced by any affidavit of violation being
filed against the Property by the City of Paris (or any other governmental unit) in the deed
records of Lamar County, Texas; (2) failure to comply with the requirements of the City of
Paris' `5 in 5' Program as evidenced by any affidavit supporting said failure to comply
being filed against the Property by the City of Paris in the deed records of Lamar County,
Texas; (3) allowing any ad valorem tax on a Property to become delinquent as evidenced by
an affidavit of such fact supported by a delinquent tax statement issued by the Lamar
County Appraisal District or other tax assessor -collector for the Grantors, and filed in the
deed records of Lamar County, Texas; and (4) failure to pay any fee required to be paid by
law, evidenced by an affidavit of such fact being filed in the deed records of Lamar County,
Texas; before any affidavit relating to contingencies 1-4 above shall be filed in the deed
records of Lamar County, Texas the Grantee shall be given notice of the event causing the
reverter and 10 business days to cure (the first day shall be the date the notice is presented
to Grantee if hand delivered to the Grantee, otherwise the second business day after the
notice is turned over to the United States Postal Service or other delivery service for
delivery to the Grantee).
Tax Deed ('S in 5' Infill Program), Page 2 of 3
IN TESTIMONY WHEREOF, and executed this day of
Fill
PAULA PORTUGAL MAYOR, CITY OF
PARIS, TEXAS
STATE OF TEXAS
LAMAR COUNTY
BEFORE ME the undersigned authority, on this day personally appeared PAULA PORTUGAL, as
MAYOR, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same for the purposes, consideration, and in the capacity therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE DAY OF
Rol
Notary Public
Commission Expires:
After recording return to:
PARIS/LAMAR COUNTY HABITAT FOR HUMANITY
PO Box 1555
Paris TX 75461
Tax Deed (`5 in 5' Infill Program), Page 3 of 3