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09 Council objective; Nuisance abatement (2)CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/18/08 City Council Lisa A. Wright, Director of Council Date: Community Development 9. 11 /24/08 RECOMMENDED MOTION: Not an action item POLICY ISSUE(S): Council objective; Nuisance abatement BACKGROUND: During the week of November 3, 2008, the City mowed the Westgate Apartment Complex after a citation was issued against the owner for high grass and weeds. At its meeting on November 10, the City Council inquired about the lien holder for this property, and research indicates that it is Capital One. On the morning of November 18, a realtor hired by Capital One contacted the Code Enforcement Officer and advised him that the bank had taken possession of the property. The realtor stated that he intends to recommend to Capital One that it secure the building immediately to protect it from further vandalism. He also indicated that the bank would pay the City for the cost of mowing the property and would ensure maintenance in the future. Based upon this conversation, there is no immediate action being taken on this property so that Capital One can be given time to perform the activities recommended by its realtor. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense Z Department Report ❑ Resolution Budgeted Amt. ❑ Presentation ❑ Ordinance y'I'D Actual ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: 0 Administration Z Ciry Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 w UUUU5~. ~ i i ~l 4;2 1 }4 lr ci . L F. t,a U F' :L :3 il 6 ? :L NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THlS INSTRUMENT BEFORE !T IS F[LED FOR RECORD IN THE PUBLIC RECORDS: YOiJR SOCIAL SF,CURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED (with Vendor's Lien) THE STATE OF TEXAS ) L4, • SZ-( S(L ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR 1 THAT K& L INVES'1'MENT REALTY, LLC, A Louisiana Limited Liability Company, by and through its duly authorized Managing Members, Seenu Kasturi and Randy Lewis (hercin called "grantor"), of the County of Lamar, State of Texas, for and in consideration of'the sum of Ten I OAO) and more Dollars cash to it in hand paid by EXQUISITE ELEGANCE, LLC, A Texas Limited Liability Company, receipt of which is hereby acknowledged; and Two million one hundred thousand and no/100 ($2,100,000.00) Dollars secured to be paid by grantee herein, which sum of $2,100,000.00 is evidenced by vendoi's ]ien note executed hy grantee herein, payable to gi•antor as therein provided, secured by the vendor's lien herein retained and addihonally secured by decd of trust to A. W. Clem, Trustee, covering the within described properiy; have Granted, Sold and Conveyed, and by Ihese presents do Grant, Sell and Convey unto EXQUlS1TE ELEGANCE, LLC, A Texas Limited Liability Company (herein called "grantce"), ofthe County of Lamar, State o1'Texas, where its mailing address is 635 7"' Street NW, Paris, Texas 75460, all that cerlain tracl or parcel of land in Lamar County, Texas described as follows: A tract of 8.020 acres of land within the corporate limits of the C'ity of Paris, part of the Asa Jarman Survey, Abst. No. 479, and being the same property described in deed to K& L Investment Realty, LLC, of rccord in Book 1687, Page 187, Lamar County Official Records; more Ful ly described in Lxhibit "A" altached hereto and made a part hereof' for all necessary purposes; PROVIDED, HOWEVER: This conveyancc is made and accepted SUBJECT TO BUT IN NO MANNF.R ASSUMING the unpaid balance due and owing on a note dated November 10, 2005 in the original principal sum of $1,500,000.00, executed hy grantor to LaSalle Bank National Association, Des Nlaioes, I llinois, payable as therein provided and secured by deed of trust of even date therewith, of record in dook 1687, Page 192, Lamar County Of'ficial Records, covering the within described propercy; such notc and the liens securing same having bcen transferred and assigned to Wells Fargo Bank, V.A., as Trustee for the Registered Hulders of LaSalle Commercial Mortgage Securities, Ine. 2006-MF2, Commercial Mortgage Pass-Through Certificates, Series 2006-MF2. • 0000J2 (A) /b-3-0~ e: 16y Uh 1:.`;~:16 ~ 2 2 The conveyance evidenced by this decd is made subject ro the following, to the extent each af'fccts the within described property or any part thereoll 1. F.asement to Texas Power & Light Co., of record in Book 273, Page 572, l amar ('ounty Ueed Records. 2. Thirty-foot sewcr easement tu the City of Paris, of record in Book 496, Page 415, Lamar County Deed Rccords. 3. The matters shown on the plat of the survey made by Ben D. Rycclek, Registered Professional Land Surveyor, dated November 28, 1988, including thc encroachment of one-story framc building and two-story brick building into the storm sewer; the protrusion of two inlets into Shiloh Street; thc sewer manhole near the North property line, and the locations of the pay telephone, the gas meter, a firr hydrant, and power lines. TO HAVE AND TO HOLD the within described premises, logether with all and singular the rights and appurtenances theroto in anywise belonging unto EXQUISITE EI.ECANCE, LLC, A Texas Limited Liability Company, its successors or assigns forever; and grantor hereby hinds itself, its successors and assigns, to Warranl and Forever Defend, all and smgular the within described propcrty and premises unto EXQUISITE ELEGANCE, LLC, A Texas Limited Liability Company, its successors and assigns, abainst every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS F.XPRESSLY AGREED and stipulated that the vendor's lien is rctained as aforesaid againsl the within described propeily, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and rea(iing, when this deed shall become absolute. WITNESS this 3rd day of October, 2006. K& L 1NVESTMENT REALTY, LLC A Louisiana l.imited Liabiliany BY: SEENU KASTURI C"Ilf aging Member -2- RA Y L WI Mana ing ember oovo5a CQ) P.1< V t~ 1 f-` r:IF; 1 :3~=~~'~ ? i THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the day of October, 2006, by SEENU KAS'TURI and RANDY LEWIS, in the respeciive ca acities therein stated. i g Notary Pu ic, State of Tex ~ . 01:%Sk~MOFFITTo ~ Pttblli, o - o c rExas o ;,c~rcur,issinn Filed f'or 6'?cord in: Laiinr Couatv On: Dct 04r200t. e.t 10:19A As a FNrordines DotUa?nt, htUnher: p00¢2049 Anount: 2F,00 R?ceiv! Ilu„h?r - 3404S Gretchen eitls AFTER RECORDING RETURN TO: PREPARED 1N THE LAW OFFICE OF_ Exquisite Elegance, LLC A. W. Clem, Attorney c/o Rafiqa M. Muhammad c/o "lfie Moore I.aw Firm, L.L.P. 635 7"' Streei NW, Paris, Texas 75460 100 N. Main, Paris,'('X 75460-4222 -3- 0000 SaCc ~ f?4: Wra7. '.a 1:ii 1 i:~ti-:?iJr•9 DFi 8,i ~t5 2 4 Ezhibtt "A" Legal Description: SITUATED WITHIN THE CORPORATE LIMITS OF THE CI"TY OF PARIS, LAMAR COUNTY, TEXAS, A PART OF THE ASA JARMAN SURVEY, ABSTRACT 479; ALSO BETNG A PART OF HLOCKS 1 AND 2 AS SHOWN BY PLAT OF THE MARTIN BLOCK ADDITfON TO THE CI7'Y OF PARIS RECORDED IN VOLUME 053, PAGE 265, OF TH E LAMAR COUNTY DEED RECORDS: ALSO BEING THE LAME LAND CONVEYED TO RMR APARTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP, BY DEEp RECORDED IN VOLUME 800, PAGE 029, OF THE LAMAR COUNTY REAL PROPERTY RECORDS, AND BE1NG FURTHER DESCRIBED AS FOLLOWS. BEGINNRJG AT AN "X" CHISELED M CONCRETE AT THE NORTHEAST CORNER OF SAiD ItMR TRACT, SAID POiNT ALSO BE[NG AT THE IN"TERSECTION OF THE SOUTH BOUNDARY LfNE OF Sli]LOH STREET W1Tli THE WEST BOUNDARY LINE OP N.W. 7T" $TREET; THENCE SOUTH 00°58'30" EAST WITH SAID WF.ST BOUNDAItY LINE A DISTANCE OF 572.23 FEET TO A 3/8" IRON PIN FOUND AT THE SOUTNEAST CORNER OF l'HE RMR TRACT AND 1N THE NORT}I BOUNDARY LINE OF AN ALLEY (NOT OPEN THENCE N 89°42'37" WEST WI7'H SAID NORTH BOUNDARY 1.INE A DISTANCE OF 620.09 FEET TO A 3/8" IRON PIN FOUND iA1 THE EAST BOUNpARY LINE OF N.W. 9T" STREET AT THE SOUT}i W EST CORNER OF THE RMR TRACT; '1'HENCE NORT}i 00° 18'00" W WITH SAID EAST BOUNDARY LINE A DISTANCE OF 493.26 FEE7 l'O A'/_" 1RON PIN SET FOR CORNER IN THE SOUTHEAST BOUNDARY LINE OF THE G.C. & S.F. KAILROAD; THENCE NOR7H 39°26' 15" EAST WITH SAID SOUTHEAST BOUNDARY LINE A DISTANCE OF 97.50 FEF.T TO A%" IRON PIN FOUND FOR CORNER IN 7'HE SOUTH ROUNDARY LPNE OP SHiLOH STREET; THENCH NORTH 89°5710" EAST WITH SAID SOUTH BOUNDARY LINE (SAME L1NE CALLED N 89°57' 10" E IN V.800, P.029, AND USED AS THE BEARIVG BASE ) A UISTANCE OF 551.00 FEET TO THE PLACE OF BtiGINA7ING, AND CONTA]NING 8.020 ACRES OP I,AND. Property Address: 635 7th St NW, Paris, TX 75460 P.1.t! 12932 _ _ . _ _ .r. Daiabase: iixStone_Lamar_PR_200802042898 Instrument 63963 Volume: 2008 Page: 63963.01 063963-2008 Pages: 3 p ~ 10/20/2008 51:48:28 PM 8y: grelchenb lamar County, TX ~ Kath Marlowe - Coun4 Clerk H7M1~.3GCAPfCALONFI/IXQVISREELHGANCE,LLC ~iii~ii~n SUBSTITUTE TRUSTEE'S DEED THE S7ATE OF TEXAS: KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR: THAT on JULY Zb, 2007, EXQUTS►TE ELEGANCE LLC executed a certain Deed of Trust, which is of record Ih VOLU'1-iE 1919, PAGE 1 of [he Deed of Trust Records of LAMAR County, Texas, conveying to G. 70MMY BAST[AN as Trustee(s), the hereinaRer described propem, to secure the payment of that one Note in the original sum of 51,927,500.00, of even data with said Deed of Trust executed by EXQU[SITE ELEGANCE LLC and payable to the order of GREENPOINT MORTGAGE FUNDING, INC. and more fully described in said Deed of Trust and to which reference is hereby made; and . W HEREAS, said Deed of Trust provides that if default be made in the payment of the principal or interest of said Note, or any part thereof, as the same shall become due and payabfe, the holder thereof may mature the entire indebtedness evidenced by the same, and, at the reGuest of the holder of said indebtedness, it shall be the duty of the Trustee or his successor to proceed and sekl said property for the satisfaction of said debt, aRer giving notiee in the manner and for the length of time as provided in said Deed of Trust and as required by the applicable laws of the State of Texas; and WHEREAS, default having been made in the paymont of said indebtedness, and the holder of said indebtedness having declared same due, 1, DAVID S[1VIS . ' grantor and du(y appointed Substitute Trustee under the provisions of said Deed of Trust, having been requested by the holder of said indebtedness to proceed and enforce said trust, did on OC'fOBER 7, 2008 (that being the first Tuesday in said month), offer the property for sale at the Courthouse of L.AMAR County, Texas, in the area designated by the Commissioners Court of such county, if an area has been designated by the Court, during the hours designated on the Notice of Nonyudicial Foreclosure Sale, same being between 1;00 PM AND 4:00 Pht, at public auction, w the highest bidder, for cash; and W HEREAS, the undersigned did give notice of the time, place and terms of said sale for at least twenry-one (21) days before the date of said sale by filing a true and cortect copy of the Notice ofNon-judicial Foreclosure Sale with the Clerk of LAMAR County, Texas. Mann & Stevens, P.C. served notice of the proposed sale by cer[ified mail on each debtor obligated to pay such indebtedness according to the records of such holder by the deposit of a copy of the Notice of Non- judicia] Foreclosure Sa1e enclosed in a postpaid wrapper properl}• addressed to each debtor at debtor's most recent address as shown by the records of the holder of such indebtedness in a post office of official depository under the care and custody of the United Ststes Postal Service, and by filing and posting notice thereof as provided by applicable Isw and the Deed of Trust in the County of LAM1tAR, Texas; and W HBREAS, at such sale said property was struck off by me and sold to CAPITAL ONE BANK, whose mailing address is 265 BROADHOLLOW ROAD PO BOX 8913, MELVILLE, IVY, 11747, grantee, for the sum of $1,036,800.00, that being the highest and best bid obtained for same. NOW, THEREFORE, the undersigned, DAVID SIh1S ' ia.nc,nvn as Substitute Trustee, for and in consideration of the surn of $1,036,800.00, cash to me in hand paid by CAPiTALONE BANK, the receiptof which is hereby acknowledged and confessed, do hereby GRANT, BARGAIN, SELL and CONVEY unto the said CAPiTAL ONE BANK, the following described property lying and being situated in LAh1AR County, Texas, to-wiL• Notice of Coatidentiality Rights: If you are a nataral 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. Page 1 of 1 OOOO.~~~E~ 10--,-o8 . . _ . . _ . _ _-r,.. . . . . _ . . Uatabase: iix5tone_Lamar_PR_2008fW42B88 Instrument 63963 Volume: 2008 Page: 63963.02 -Ir-- 063963-2008 10/20/2008 0148:28 PM Page 2 of 3 MiS.`10: 161136 SITUATED WITHIN THE CORPORATE LINIITED OF THE CiTY OF P,4R[S, LAMAR COUNTY, TEXAS, A PART OF THE ASA JARh1AV SURVEY, ABSTRACT 479, ALSO BEING A PART OF BLOCKS 1 AND 2, AS SHOWN BY PLAT OFTHE 119ART[V BLOCK ADDITIOV TO T'HE C1TY OF PARIS RECORDED IN VOLUME 053, PAGE 265, OFTHE LAMAR COUNTY DEEDRECORDS, AND BEING ?NORE PAR71CL'LARLY AESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND TIADE A PART HEREOF FOR ALL PURPOSES. TO HAVE AND TO HOLD the hereinabove described property and premises unto the said CAPITAL ONE BANK and 1, the undersigned, as Substitute Trustee, do hereby bind and obligate the said EXQUISITE ELEGANCE LLC to WARRANT and FOREVER DEFEND the title to said property and premises unto the said CAPI"IAL ONE SANK against every person whomsoever lawfully ciaiming or to claim the same or any parl thereof, insofar as 1 am authorized to do under said Deed of Trust. fN WITTIESS HEREOF, this instrument has been executed on OC'TOBER 7, 2008. ,r J c DAVID S1MS -0 6L&T-C4WR-QR-E Substituce Trustee THE STATE OF TEXAS: COUNTY OF UPSHUR: BEFORE ME, the undersigned authority, on this day personallp appeared DAVID SIMS known to me to be the person whose name is subscribed to the annexed Substitute Trustee's Deed, and acknowledged to me that said instrument was executed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE QN OCfOBER 7, My Commission Expires: printed Name: 1 Notary Public in and for the 5tate of Texas r __........,,,....w > ' ` CARAH M SIMS NCfAn r Ct V. IiT r.l T~ ~ Retum To: Mann & Stevens, P. C. 550 Westcott, Suile 560 Houston, Tx 77007 Page 2 of 2 GOOO~~.C~~ Oatabase: iixStone_Lamar_PR_2008Wfl42088 Instrument 63963 Volume: 2008 Page: 63963.03 I; , . . , 4) 8_ 1_0/20/2008 01:48:28 PM Page 3 of 3 v ~ Lc~i EXHIBIT "All (1..e8a1 Description) STfUATBU WiTHIN T44B GORPORA'!'B LIMI7'ED OF THE CITY OF PARIS, ].AMAR COUNTY, TF3CAS, A PART OF THE ASA JARMAN SL3RVEY,.ABSTRACT 479. AISO BEMG A PART OF BLOCKS 1 AND 2 AS SHOWN $Y PLAT OF THE MARTIN HLOCK ADAITION TO THE CTfY OF PARIS RSCORDBD IN VOLUME 053, PAGE 285, OF THE TAMAR CDUN'I'Y DBEU RBCORDS, ALSO BEING T'HH 5AME LAND CONVEYBD T012MR MAR'TMBN'PS, LTF., A TEXAS LTMT1'EA PARTNERSW, BY DSED RECORDED IN VOLIJME 800, fAGE 029, OF THE LAMAR COUW7'Y I2LAL PROPBRTY RECORDS, AND BEIIVG FURTHP.T2 DESCRIBED A5 FOLLOWS: BEGIl4NING AT AN "X" CHISFS.ED IN CONCRETE AT T4iE NORTHEAST CORNER OF 5AID RMR TRACT, SA1D PUINT HJ.50 8B1NG AT TF9B 2TVTRRSECTJON OF THE SQUTF! BOUNDRY UNE D8 SHILOH STREBT WITH THE WEST BOiINAARY LWE OY+N.W. 7TH 5TI28BT; THENCH SOU'IH 00 DEGREBS 58' 30" LASf WiTH SAID W$5T BOUNDAI2Y LM A b1STpNCE OF 5T2.z3 FEBT TY3 A 9l8" IRO1V PIN FOUND AT THB SOUTHEA3T CORNER OF TH8 RMR TRACT ANA JN 17iS NORTH BOUNDARY J I13E OF AN AI.T.EY (NOT OPM; 'FHBfiCF. N 88 PEGRESS 42' 37' WBST W1TH SA]D NOR`fH BOUNDARY LINH A DISTANCE OF 526.09 FEST TO A 3/8" IRON PIIY FOL7ND IN'fHB BAST $OUNDARY LiNE OF N.W. M STRBBT AT THE SOUTH WEST CQl2NBR OF THE RMR TRACT; THHI3CE I30Tt1"H 00 DEGR$ES 18' DO" W Wl'z'H SAII) EAS7 BOUNDARY LWE A DISTAlVCE OF 493,28 88ET Tp A 1J2" FRON PIN SE'f F03t CARNER IN 'CIiE SOUTHEAST BOUNDARY LINL OF THE G.C. 8c S.F. RAYLSOAD; THENCB 1VOR'1'H 39 DEGREES 26' 15" EAST WITH SAID SOUTHEAS£ BOUNDARY LTN$ A AISTANCB OF 97.50 FM TO A 1/2• TRON PIN POUND POR CDRNEIi IN THE SQUTH BOUNDARY LTNE OF SK(LOH 5'i'REET; THENCE NDR'i"H 89 DBGRBES 57' 10" P46S'1' WITH SAID SOUTH HOUNDARY L1NE (SAME LTNB CALLEA N 88 DEGKBES 57' 10' B IIJ V.806,PA28, AND USBD AS'I'FIE EEARING BASE) A DISTANCE OF 85I,00 88ET TO M PLACE OF 88GINNING, ADID CONrAIDtIlVG 8.020 ACRES OF LAND. ~ tnen Nmm~er owssaQzaz Hnvlroomentwllndaamlry Agncmwt Pegc S 1 oF 11 1CP788 Page 3 of 3