2008-002-RES-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 5RESOLUTION N0. ~008-002
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 Kaufinan 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 Kaufinan 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.
PASSF.D AND ADOPTED this 14" day of January, 2008.
~
/i
/
esse Jam Freelen, Mayor
ATTEST:
,
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McII ity Attorney
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRII{E ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT 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 LAMAI2
BEFORE ME, tlie undersigned authority, on this day personally appeared Jesse Freelen, Mayor of
the City of Paris, known to me to be the person whose name 1s subscribed hereto, who, after being by me
duly sworn, on his oath swears that the following facts are true and correct:
On June 22, 2005, the City of Paris deeded the property described in Eachibit A to Jeffrey
Neilson and Katie Neilson. On this date, , the city has determined
by physical examination of the property and by receipt of swom testimony from the Owners
and Contractors that the construction is complete on the building as required by the Fee
Simple Determinable Condition.
Accordingly, the City of Paris gives this affidavit as conclusive evidence that the Fee Simple
Determinabie Condition has.been satisfied and the reverter clause is hereby released and
fully extinguished.
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 hereof for all necessary
purposes.
EXECUTED this the day of
12007.
City of Paris, by:
Jesse Freelen, Mayor
SUBSCRIBED AND S WORN TO BEFORE ME, this the day of , 2007,
by Jesse Freelen, Mayor of the City of Paris.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
(Acknowledgment)
This instrument was acknowledged before me on the day of , 2007,
by Jesse Freelen, Mayor of the City of Paris.
Notary Public, State of Texas
PREPARED IN THE LAW OFFICE OF: AFTER RECORDING RETl1RN TO:
Sydney Young Young Title Company, Inc.
2765 NE Loop 286 2765 NE Loop 286
Paris, TX 75460 Paris, TX 75460
AFFIDAVIT OF FULFILMENT OF FEE SIMPLE DETERMINABLE CONDITION, p. 1
EXHIBIT