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10-D2 Affidavit of Fulfilment of Fee Simple Determinable Condition CITY OF PARIS, TEXAS CITY COUNCIL AGENDA REQUEST MEETING DATE: I January 14,2008 X Action 0 Discussion Dlnformation DRefer to: Legal Department DESCRIPTION: Resolution authorizing and approving the execution of an Affidavit of Fulfilment of Fee Simple Determinable Condition regarding sale of City of Paris property being a portion of Lot 5, City Block 179-A, located at 36 & 40 East Kaufman Street. BACKGROUND INFORMATION: The City of Paris sold this property to Dr. & Mrs. Neilson in 2005 and has determined by physical examination of the property that the building has been renovated as required by the Special Warranty Deed and has passed the City Inspection as evidenced by the issuance of a Certificate of Occupancy. This affidavit is necessary to clear the title. LEGAL REVIEW: !idZ- MANAGER'S RECOMMENDATION: -r DRAFT f:attorney\reswork\current\lst & Kaufman Property Sale - Affidavit of Fulfilment Res January 8, 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AFFIDAVIT OF FULFILMENT OF FEE SIMPLE DETERMINABLE CONDITION REGARDING SALE OF CITY OF PARIS PROPERTY BEING A PORTION OF LOT 5, CITY BLOCK 179-A, LOCATED AT 36 AND 40 EAST KAUFMAN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of November, 2004, in Resolution No. 2004-194, declare surplus and authorize the sale of a portion of Lot 5, City Block 179-A located at 36 and 40 East Kaufman Street; and, WHEREAS, on March 17,2005 the best and highest bid was received from Jeffrey Neilson and Katie Neilson and the property was conveyed by Special Warranty Deed with Fee Simple Determinable Conditions requiring the renovation of the interior and exterior of the structure located at 36-40 East Kaufman Street; and, WHEREAS, the City has determined by physical examination of the property that the building has been renovated as required by the Special Warranty Deed and has passed City Inspection as evidenced by the issuance of a Certificate of Occupancy; and, WHEREAS, it is deemed appropriate that the Mayor of the City of Paris be authorized and directed to execute an Affidavit of Fulfilment of Fee Simple Determinable Condition in the form attached hereto as Exhibit A, and the same should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 Affidavit of Fulfilment of Fee Simple Determinable Condition for a portion of Lot 5, City Block 179-Aa be, and is hereby approved, and the Mayor be, and he is hereby, authorized and directed to execute said affidavit, on behalf of the City of Paris in the form attached hereto as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. 'r" C c_c 'cTc NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAl TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. AFFIDAVIT OF FULFILMENT OF FEE SIMPLE DETERMINABLE CONDITION 26438T -1 THE STATE OF TEXAS COUNTY OF LAMAR ) ) BEFORE ME, the undersigned authority, on this day personally appeared Jesse Freelen, Mayor of the City of Paris, known to me to be the person whose name is subscribed hereto, who, after being by me duly sworn, on his oath swears that the following facts are true and correct: I. On June 22, 2005, the City of Paris deeded the property described in Exhibit A to Jeffrey Neilson and Katie Neilson. On this date, , the city has determined by physical examination ofthe property and by receipt of sworn testimony from the Owners and Contractors that the construction is complete on the building as required by the Fee Simple Determinable Condition. 2. Accordingly, the City of Paris gives this affidavit as conclusive evidence that the Fee Simple Determinable Condition has been satisfied and the reverter clause is hereby released and fully extinguished. 3. I understand Young Title Company, Inc. and its underwriter, Title Resources Guaranty Company, are relying upon the truth of this statement in order to insure the sale of said property described on Exhibit "A" attached hereto and made a part hereoffor all necessary purposes. EXECUTED this the day of , 2007. City of Paris, by: Jesse Freelen, Mayor SUBSCRIBED AND SWORN TO BEFORE ME, this the by Jesse Freelen, Mayor of the City of Paris. day of ,2007, Notary Public, State of Texas (Acknowledgment) STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on the by Jesse Freelen, Mayor of the City of Paris. day of ,2007, Notary Public, State of Texas PREPARED IN THE LAW OFFICE OF: Sydney Young 2765 NE Loop 286 Paris, TX 75460 AFTER RECORDING RETURN TO: Young Title Company, Inc. 2765 NE Loop 286 Paris, TX 75460 AFFIDA VIT OF FULFILMENT OF FEE SIMPLE DETERMINABLE CONDITION. p. 1 EXHIBIT .t T ...- ""T