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08 Approve the sale of 1.31 ac tract being Lot 13-A, City Block 326 located off 34th street NW to PEDC, authorize the xecution of Tax Resale DeedCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 07/09/08 Council Date: Legal Department W. Kent McIlyar 8. 07/14/08 RECOMMENDED MOTION: Approve the sale of 1.31 ac tract being Lot 13-A, City Block 326 located off 34th Street NW to Paris Economic Development Corporation, authorize the execution of Tax Resale Deed, and authorize the City Manager to execute all necessary documents. POLICY ISSUE(S): Real estate; Economic Development BACKGROUND: Paris Economic Development Corporation has made a bid in the amount of $100.00 for this tax delinquent property which adjoins the Paris Industrial Park. The property will be used to expand the Park for economic development purposes. The assessed value of the property is $2,620 and the judgment tax amount (after going o the courthouse steps for sale) is $3,026.30. Since there were no bidders for the property state law allows the City to accept whatever amount it desires. BOARD/ COMMISSION RECOMMENDATION: N/A EXHIBITS: Resolution; tax resale deed; site map; picture (to be provided at meeting) ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report E Resolution - Budgeted Amt. $ 1 Presentation ❑ Ordinance F y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: " Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court E Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 r UOU066 DRAFT Attorney\reswork\current\Tax Sale Deed PEDC 1.31 ac 34'^ NW Res RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A TAX SALE DEED TO PARIS ECONOMIC DEVELOPMENT CORPORATION FOR PROPERTY BEING LOT 13-A, BLOCK 326 LOCATED OFF 34TH ST. NW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas, has become the part-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 Lamar County Sheriff pursuant to an order of the District Court of Lamar County in Cause number 71938 as shown on Exhibit "A" attached hereto; and, WHEREAS, a potential buyer for 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 0F 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 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 14th day of July, 2008. Jesse James Freelen, Mayor v UUUUb"i ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Those Voting Aye Were: Those Voting Nay Were: 000068 EXHIBIT "A" Cause No. 71938, Lamar Couniy Appraisal District vs. Bonita Elaine McCuin, et al Date of Judgment May 27, 2005 Judgment Taxes Due: ' $3,026.30 - Lamar County Appraisal District Acct # R18845 Adjudged Value $2,620.00 Present Bid $100.00 Bidder Paris Economic Development Corporation 1125 Bonham Paris, TX 75460 PROPERTY DESCRIPTION NOTE: This uropertv adioins the "Business Park" - being 1.31 acre, more or less, in the Frances Morrison Survey, (Being Lot 13-A, Block 326 -off 34th NW), City of Paris 1H:Vean FosletSamar~resol W sV 1938esh.doc\07/01/08 8:32 AM m OO6-obi n COPY 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 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. TAX RESALE DEED STATE 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 College 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 $100.00 cash in hand paid by PARIS ECONOMIC DEVELOPMENT CORPORATION 1125 BONHAM 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 taac foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 71938, Lamar County Appraisal District vs. Bonita Elaine McCuin, et al, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: 1.31 ACRE, MORE OR LESS, SITUATED IN THE FRANCES MORRISON SURVEY, CITY OF PARIS, LAMAR COUNTY, TEXAS, AND DESCRIBED IN DEED DATED JANUARY 28, 1970 FROM ELMA V. GREEN TO EARL MCCUIN, ET UX, RECORDED IN VOLUME 508, PAGE 112, DEED RECORDS OF LAMAR COUNTY, TEXAS, AND BEING SHOWN AS LOT 13-A, BLOCK 326, CITY OF PARIS (OFF 34TA NW), ON THE TAX ROLLS & RECORDS-OF LAMAR COUNTY APPRAISAL DISTRICT (ACCT #18845 PARIS ISD, CITY OF PARIS, PARIS JR. COLLEGE & LAMAR CO.) TO HAVE 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 ar title to the aforesaid premises or appurtenances, or any part thereo£ 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 ar 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, rnaintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews or encourage a dual school system. w OODU7U These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifiy (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: (1) 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.I. 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.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. Edg~ar, 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, corparation, 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 1 of the year the year the tax lien(s) arose. Ui:Vean FoslerU.vnar\rsdecds-OSV 1938-deerb-City- Pans Economic DevclopmeN Corp..doc\07101/08 8:34 AM ~ ODUU~1 IN TESTIMONY WHEREOF City of Paris, Trustee has caused these presents to be executed this _ day of , 2008. STATE OF TEXAS X COUNTY OF LAMAR X City of Paris, Trustee BY: Mayor AO This instrument was acknowledged - before me on this , 2008, by Mayor of the City of Paris. After recording return to: Paris Economic Development Corporation 1125 Bonham Paris, TX 75460 Vi:Vean FosicrlLamartrsdecds-08V 19)8-0ccrb-Ciry- Paris Economic Devdopmcnt Cory..doc\07/01/08 9:29 AM . day of ~ Notary Public, State of Texas Commission Expires: m 000072