Loading...
2003-057-RES APPROVAL OF SALES TAX DELINQUENT PROPERTY ANITA PARK ADDITION ~ RESOLUTION NO. 2003-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS PART OF LOTS 9 AND 10 AND ALL OF LOT 11, ANITA PARK ADDITION, BEING NUMBER 1775 CLARKSVILLE STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING 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, by virtue of the fact that a sufficient bid was not received at a sale conducted by the Sheriff pursuant to an order of the District Court in the 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 its 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 be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the tax resale deed, attached hereto as Exhibit B, and any and all documents necessary to convey the property described as Part of Lots 9 and 10 and all of Lot 11, Anita Park Addition, being number 1775 Clarksville Street, and described on Exhibit B, 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; provided, however, that the City of Paris reserves a fifteen (15) foot drainage and utility easement paralleling Clarksville Street and extending fifteen (15) feet from the current street right-of-way. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 6th day of March, 2003. /4;L/~~. '. Richard Manning, Mayor Pro:?em ATTEST: ~u.,~~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: Those Voting Aye Were: ~-... Those Voting Nay Were: EXHIBIT "A" Cause No.: 62711, Lamar County Appraisal District v. Biard Oil Company, et al. Judgment date: December 17, 2001 Taxes Due: $22,437.07 $ 6,515.02 Lamar County Appraisal District City of Paris Adjudged Value: $65,650.00 Account #: R10054 Present Bid: $2,700.00 Bidder: William Shane Saffell 2935 40th Street S.E. Paris, Texas 75460 PROPERTY DESCRIPTION Part of Lots 9 and 10 and all of Lot 11, Anita Park Addition, City of Paris, being number 1775 Clarksville Street TAX RESALE DEED STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR That the Lamar County, Trustee, Paris Independent School District, Paris Junior College & Lamar County Education District, and City of Paris, 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 $2,700.00 cash in hand paid by WILLIAM SHANE SAFFELL 2935 40TH STREET S.E. PARIS, TX 75462 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, have quitclaimed and by these presents do quitclaim unto said grantee, subject to the reservation and other covenants, conditions, and restrictions hereinafter provided, 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. 62711, Lamar County Appraisal District vs. Biard Oil Company, et ai, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: TRACT 1 A PART OF LOTS 9 AND 10 AND ALL OF LOT 11, ANITA PARK ADDITION, AS DESCRIBED IN VOLUME 239, PAGE 264, REAL PROPERTY RECORDS OF LAMAR COUNTY, TEXAS (ACCT #R10054-PARIS lSD, PARIS JR. COLLEGE, LAMAR COUNTY, LAMAR CED) 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 reservation, 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 ofleaming, 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 ofthe 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.!. 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 Court, 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 1. W. Edgar. et aI., 447 F2d 441 (5 Cir. 1971); stav 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 ofthe 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. This deed is given expressly subject to any existing right of redemption remaining in the former owner ofthe property under the provisions oflaw 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. There is expressly excepted and reserved unto the City of Paris, Texas, a 15-foot wide drainage and utility easement running parallel and adjacent to the curbline ofClarksville Street and extending a width of 15 feet from and in addition to the current street right-of-way of Clarksville Street, with the right and privilege at any and all times to enter said premises, or any part thereof, and construct, reconstruct, relocate, install, replace, inspect, and maintain any and all drainage or utility lines, facilities, and appurtenances placed or to be placed therein, together with the right of ingress and egress thereto; provided that the City will, after doing any work in connection therewith, restore the surface to the condition to which said surface was found when such work was undertaken, insofar as permitted under the plans, standards, and specifications associated therewith; and provided further, that grantee( s) herein shall not erect or place any building, tree, or other permanent structure or improvement on the above-described perpetual easement and shall not otherwise use the above.;. described premises in a way that will interfere with the use of the easement herein reserved. IN TESTIMONY WHEREOF, the City of Paris has caused these presents to be executed this 6th day of March, 2003. CITY OF PARIS, PARIS, TEXAS By: ~ Lp'~_ '/~ Richard Manning, Mayor Pro-Tern STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ This instrument was acknowledged before me on this 6th day of March, 2003, by Mayor Pro- Tern Richard Manning of the City of Paris. f) ALICE M. PINAL TO NOTARY PUBLIC STATE OF TEXAS My Commisslon expires 01-29-2004 OL=' JflL &4-b'u Notary Public, State of Texas Commission Expires: