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16-Deliberate and act on a resolution authorizing the execution of a quitclaim deedCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 01/06/10 Council Date: Legal Kent McIlyar 16. O1/11/10 RECOMMENDED MOTION: Move to approve the execution of a quitclaim deed from the City of Paris to William George King for Lots 7, 8, and 9, Block 5, Smith's First Addition, located at 1030 Park Street POLICY ISSUE(S): Redemption of tax foreclosed properry. BACKGROUND: This property was acquired by a tax foreclosure sale (Cause No. 75394 - Lamar County Appraisal District vs. William George King, et al) on July 2007. The Property Tax Code allows former owners of foreclosed property the right to redeem their property by paying all taxes, court costs, and attorney fees owed against the property within two years of foreclosure. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution; quit claim deed ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $N/A ❑ Department Report Z Resolution Budgeted Amt. $N/A ❑ Presentation ❑ Ordinance y'I'D Actual $N/A ❑ Public Hearing ❑ Other Acct. Name N/A Acct. Number N/A FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administrarion ❑ City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT attorney\reswork\current\Quit Claim Redemption Deed to Wm George King 2009 RESOLUTIOIV NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A1VD AUTHORIZING THE EXECUTIOIV OF A QUITCLAIM DEED FROM THE CITY OF PARIS TO WILLIAM GEORGE KING FOR LOTS 7, 8 AND 9, BLOCK 5, SMITH'S FIRST ADDITION, LOCATED AT 1030 PARK STREET; MAKING OTHER FIIVDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas, has become the owner/Trustee of real property being Lots 7, 8 and 9, Block 5, Smith's First Addition, located at 1030 Park Street, 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 75394; and, WHEREAS, Mr. William George King is redeeming this property and has tendered the $6,790.00 needed for redemption of the property; and, WHEREAS, it is to the benefit of all the taxing entities involved that the property be returned to its respective tax rolls; 1VOW, 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 Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris as Trustee, the Quitclaim Deed and any and all documents necessary to convey the property described as Lots 7, 8 and 9, Block 5, Smith's First Addition, located at 1030 Park Street in the form, attached hereto as Exhibit A, for and in consideration of $6,790.00, which said amount covers all the tax, court costs and attorney fees owned against said property, 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 APPROVED this 11th day of January, 2010. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, Ciry Attorney 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 thc public records: your social security number or your driver's license number. STATE OF TEXAS QUITCLAIM DEED X X KNOW ALL MEN BY THESE PRESENTS COUNTY OF LAMAR X That the City of Paris, Trustee, acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of said governing body which is duly recorded in its official Minutes, hereinafter called grantor, for and in consideration of the sum of $6,790.00 cash in hand paid by WILLIAM GEORGE HING 1030 PARK ST. PARIS, TX 75460 hereinafter called grantee(s), the receipt of which is acknowledged and confessed, has quitclaimed and by these presents does quitclaim unto said grantee(s) all of the right, title and interest of all other taxing units interested in the taac foreclosure judgment against the property herein conveyed, acquired by tax foreclosure sale heretofore held under Cause No. 75394, Lamar County Appraisal District vs. William George King, et al, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: LOTS 7, 8& 9, BLOCK 5, SMIITH' S 1stADDITION, AN ADDITION TO THE CITY OF PAR1S, LAMAR COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 110, PLAT RECORDS OF LAMAR COUNTY, TEXAS (ACCT #19537 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), his heirs and assigns forever, so that neither grantor, nor any other taxing unit interested in said taY 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. This deed is expressly given as evidence of the Grantee's full redemption of said property pursuant to Section 34.21, Texas Tax Code Ann. (Vernon's 1982). IN TESTIMONY WHEREOF The City of Paris, Trustee, has caused these presents to be executed this day of , 2009. City of Paris, Trustee By: Mayor EXHIBIT A r.- ~ , ~ STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged , 2009, by City of Paris. After recording return to: William George King c/o Linebarger Goggan Blair & Sampson P. O. Box 2032 Tyler, TX 75710 IH:Vean Fostea4nwiDceds2009V5394-0cedquilLity lo King-09.dol\09/29/09 7:36 PM X X before me on this day of , Mayor of the Notary Public, State of Texas Commission Expires: 2 U