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04-A Tax Sale Deed DRAFT F:A TTORNEY\RESWORK\CURREN1i Tax Sale Deed Res - 714 Graham January 17,2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED FOR LOT 12, CITY BLOCK 52, BEING LOCATED AT 714 GRAHAM STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, has become the owner of certain real property as described on Exhibit A, attached hereto, because a sufficient bid was not received at a sale conducted by the Sheriff pursuant to an order of the District Court in Cause number shown on Exhibit "A" attached hereto; and, WHEREAS, a potential buyer of the property has come forward; and, WHEREAS, all taxing entities involved in the above-referenced cause must consent to the sale of the hereinabove described real property; and, WHEREAS, it is to the benefit of all the taxing entities involved that the property be returned to their respective tax rolls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Mayor of the City of Paris be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, the tax resale deed and any and all documents necessary to convey the property described on Exhibit A, attached hereto, for and in consideration of the cash sums referenced on said Exhibit A, said money to be distributed pursuant to Chapter 34 of the Texas Property Code. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 23rd day of January, 2006. - T ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney Those Voting Aye Were: Curtis Fendley, Mayor Those Voting Nay Were: EXHIBIT "A" Cause No. 72010, Lamar County Appraisal District vs. Melissa Therese Meadows Date of Judgment November 5, 2004 Taxes Due at Judgment: $6,438.71 Adjudged Value $37,120.00 Account # #104239 Bid amount $11,000.00 Biddel' Kevin & LeAnne Kear 7690 Sesame St. Paris, TX 75462 PROPERTY DESCRIPTION 0.771 acre, more or less, being a portion of Block 52, Original Townsite , City of Paris (714 Graham St.) \H \Jean F05ter\Lamar\resoluts\EXHIBIT-nOIO.doc\OIl06/06 8 24 AM r Notice of confidentiality rights: If you aJ"e a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your d,'iver's license number. T AX RESALE DEED STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR X That the City of Paris, Trustee, acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of said respective governing body which is duly recorded in its official Minutes, hereinafter called grantor, for and in consideration of the sum of$l1,OOO.OO cash in hand paid by KEVIN KEAR AND LEANNE KEAR 7690 SESAME ST. PARIS, TX 75462 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, has quitclaimed and by these presents does quitclaim unto said grantee all of the right, title and interest of all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 72010, Lamar County Appraisal District vs. Melissa Therese Meadows, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: 0.771 ACRE, MORE OR LESS, BEING A PORTION OF BLOCK 52, ORIGINAL TOWNSITE, CITY OF PARIS,' LAMAR COUNTY, TEXAS, AS DESCRIBED IN DEED DATED JULY 28,1992 FROM REAVES HICKEY TO CAROLYN C. MEADOWS, RECORDED IN VOLUME 301, PAGE 225, DEED RECORDS OF LAMAR COUNTY (ACCT #104239 PARIS lSD, CITY OF PARIS, PARIS JR. COLLEGE & LAMAR CO.) TO HA VE A NO TO HOLD the said premises, together with all and singular the rights, privileges, and appurtenances thereto in any manner belonging unto the said grantees, their heirs and assigns forever, so that neither the grantor, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under it and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenant, condition and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise. (b) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. T The foregoing restrictions and the other covenants hereafter set out are covenants running with the land, and each and every parcel thereof, and shal1 be ful1y binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or governmental in nature), without limitation hereinafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its successors and assigns, shal1 be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or specia1limitation on the estate thereby conveyed. It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (]) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the restriction set out in (b) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.1. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S. v. Texas, Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp. 1043 (E.O. Tex. 1970); U.S. v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); affd with modifications sub. nom. U.S. v. State of Texas and J. W. Edgar, et aI., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den. 404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, pminership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or governmental in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above-described realty; (8) To abate or prevent violations of either or both of such restrictions; and (C) To recover damages for a breach of either or both such restrictions. It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings at la"v or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney's fees from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were neeessary to bring about compl iance therewith. Taxes for the present year are to be paid by grantee(s) herein. Conveyance of the property herein is made "as is" and grantor makes no warranty or representation as to the property's condition, suitability for any use, and property's location. This deed is given expressly subject to any existing right of redemption remaining in the former owner 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, if such covenants or easements were recorded prior to January 1 of the year the year the tax jien(s) arose. \H\Jean FOSler\Lamar\rsdeeds-06\720I O-deerb-City-Trustee only. Kear doc\O 1/06/06817 AM 2 T IN TESTIMONY WHEREOF the City of Paris, Trustee, has caused these presents to be executed this day of ,2006. City of Paris, Trustee BY: Mayor ST A TE OF TEXAS X COUNTY OF LAMAR X This instrument was acknowledged before me on this day of 2006. by , Mayor of the City of Paris. Notary Public, State of Texas Commission Expires: After recording return to: Kevin & LeAnne Kear 7690 Sesame St. Paris. TX 75462 \11 V~J.n Fusler\Lal1lar\rsdeeds-06\7~UIO-deerb-City.Trustec only- Keardoc\OIl06/06 817 Al\l 3 .~. November 16, 2005 To The Mayor and City Manager of Paris P.O. Box 9037 Paris, Texas 75460 Dear Sirs, My name is LeAnne Kear and I would like to make an acquisition 'proposal of the house at 7th and Graham. I believe the actual address is 314 Graham St. My understanding is that it is the old Baldwin House. / My husband and I have taken an interest in this house and after having t~hance to look through it and make some calls on repairs to be done, we would like to make an offer to the City of Paris of$l1,OOO.OO to purchase the house and the property on which it sits. In research, I have found that it is already noted as a Historical Stand Alone landmark. My husband and I would like to bring it back to the historical integrity that this old house deserves. We have five children and would be living in this house as we make the updates and repairs necessary to make this our family home. Allowing us to purchase this home would help to make two of our dreams come tme. One, we would be able to move back to my home town and be near my family, and two, it would give us a chance to restore an old home and help to beautify our home town. I understand that there are several steps necessary for this to take place, and that this is a very busy time of the year, but if there are any steps that I can help with, I will, since time is of the essence as we would like to be in the house by the beginning of the year 2006. What a wonderful Christmas gift this would be for our family. Your consideration and approval to this proposal is greatly appreciated. I look forward to hearing from you soon! Sincerely, / ~.:/ /~ ~Lt/(./u:.-~/ih-- LeAnne Kear 7690 Sesame St. (temporary address) Paris, Texas 75462 (903) 785-2397 (713) 927-8118 (Sprint cell phone)