10-B Tax Sale Deed - 1864 W Austin
DRAFT
RESOLUTION NO.
F:A ITORNEY\RESWORK\CURREN1\ Tax Sale Deed Res. 1864 W. Austin
April 26, 2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE
DEED TO PART OF LOT 9, AND ALL OF LOT 10 AND THE WEST 15
FEET OF LOT 11, BLOCK 5, S. J. WRIGHT GRAND AVENUE
ADDITION, LOCATED AT 1864 W. AUSTIN; 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 8th day of May, 2006.
Curtis Fendley, Mayor
EXHIBIT "A"
Cause No. 71300, Lamar County Appraisal Dish'ict
vs. Carrie \Vindham, et al
Date of Judgment August 20, 2004
Taxes Due at Judgment: $3,882.30
Adjudged Value $18,890.00
Account # 20925
Bid amount $1,750.00
Bidder Jose de la Cruz & Maria Rosario Herrera
1836 W. Austin St.
Paris, TX 75460
PROPERTY DESCRIPTION
0.337 acre, more or less, being part of Lot 9 & all of Lot 10 & the West 15 ft. of Lot
11, Block 5, S. J. Wright Grand Avenue Addition (1864 W. Austin) - City of Paris
'H \Jean FllSkr\Larnal'\l'esoluls\EXHIBIT- 720 J 5 doc''oJlI6/Ob 2f)2 PM
(C(())~11
Notice of confidentiality rights: If you are 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 driver's license number.
TAX RESALE DEED
ST A TE OF TEXAS
X
X KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
X
That the City of Paris, Trustee, Paris Independent School District, Paris Junior Co lIege and Lamar
County, acting through the presiding officer of their governing bodies, hereunto duly authorized by resolution and
order of each respective governing body which is duly recorded in their official Minutes, hereinafter called
grantors, for and in consideration of the sum of$1,750.00 cash in hand paid by
JOSE de la CRUZ HERRERA AND MARIA ROSARIO HERRERA
1836 W. AUSTIN ST.
PARIS, TEXAS 75460
hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these
presents do 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. 71300, Lamar County Appraisal District vs. Carrie Windham, et aI, in the district court of
said county, said property being located in Lamar County, Texas, and described as follows:
0.337 ACRE, MORE OR LESS, BEING PART OF LOT 9, ALL OF LOT 10 AND THE WEST 15 FT. OF
LOT II, BLOCK 5, S. J. WRIGHT GRAND A VENUE ADDITION, CITY OF PARIS, LAMAR
COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: (A) 0.287 ACRE, MORE OR LESS, BEING
PART OF LOT 9 AND ALL OF LOT 10, SAID BLOCK DESCRIBED IN DEED DATED APRIL 23,1943
FROM MATTIE MARTIN TO J. R. WINDHAM, ET UX, RECORDED IN VOLUME 270, PAGE 103,
DEED RECORDS OF LAMA COUNTY, TEXAS (B) 0.05 ACRE, MORE OR LESS, BEING A 0.167
ACRE TRACT, MORE OR LESS, DESCRIBED IN VOLUME 269, PAGE 101, AS ALL OF LOT II;
SAVE & EXCEPT, 0.117 ACRE, MORE OR LESS, BEING THE EAST 35 FT. OF SAID LOT II, AND
DESCRIBED IN VOLUME 295, PAGE 137, DEED RECORDS OF LAMAR COUNTY, TEXAS (ACCT
#20925 CITY OF PARIS, PARIS JR. COLLEGE & LAMAR CO.)
TO HA VE AND TO HOLD the said premises, together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that
neither the grantors, 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.
The foregoing restrictions and the other covenants hereafter set out are covenants running with the land,
and each and every parcel thereof, and shall be fully 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, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be
construed to be a condition subsequent or special limitation on the estate thereby conveyed.
It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows:
(I) 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.!. 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.
528 I, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S. v. Texas, 321 F. Supp.
1043 (E.D. 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 al., 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, partnership, 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;
(B) 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
law 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
necessary to bring about compliance therewith.
Taxes for the present year are to be paid by grantee(s) herein.
Conveyance of the property herein is made "as is" and grantors make 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 I of the year the year the tax lien(s) arose.
III \Jean Foster\Lamarlrsdeeds-06\71 JOO-dcerb-City- Herrera.docIOJ/16/06 1]4 PM
IN TESTIMONY WHEREOF City of Paris, Trustee has caused these presents to be executed this
day of , 2006.
City of Paris, Trustee
BY:
Mayor
STATE OF TEXAS
X
COUNTY OF LAMAR
X
This
instrument was acknowledged
, 2006, by
before me on
this
day of
Mayor of the City of Paris.
Notary Public, State of Texas
Commission Expires:
After recording return to:
Jose de la Cruz & Maria Rosario Herrera
1836 W. Austin St.
Paris, TX 75460
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