21-AUTHORIZING RE-SALE OF TAX FORECLOSURE PROPERTYCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
08/OS/2011
Council Date:
PEDC
Steve Gilbert, Director
21.
08/22/2011
RECOMMENDED MOTION:
Deliberate and act on a Resolution authorizing the sale of tax delinquent property being 0.86 acre, more
or less, situated in the Francis Morrison Headright Survey, Abstract 592, Paris, Lamar County, Texas.
POLICY ISSUE(S):
Real Estate, delinquent tax property.
BACKGROUND:
PEDC Director Steve Gilbert requested that this item be placed on the Agenda. The property described
above has been foreclosed on and is contiguous to the Industrial Park. PEDC wishes to purchase the
property and is asking all of the taxing entities to consent to the sale of the property.
Lamar County Commissioners' Court approved this item on August 15, 2011.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ 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 E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court E Legal ❑ Libraty ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris 1+55 Revised 2/04/08
DRAFT
s:attorney\reswork\current\sale of tax del prop. PEDC
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
AUTHORIZING THE SALE OF TAX DELINQUEIVT PROPERTY BEIIVG 0.86
ACRE, MORE OR LESS, SITUATED IN THE FRANCIS MORRISON
HEADRIGHT SURVEY, ABSTRACT 592, PARIS, LAMAR COUNTY, TEXAS,
RECORDED IN VOLUME 123, PAGE 281, DEED OF RECORDS OF LAMAR
COUNTY, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas, has become the owner of certain real property
as described in 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 No. 74139 and it has been more than six months since the period of redemption
has expired on this property; 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 their respective tax rolls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. that the Mayor be and is hereby directed and authorized to execute the
deed and any and all documents necessary to convey the property, being 0.86 Acre, more
or less situated in the Francis Morrison Headright survey, abstract 592, Paris, Lamar
County, Texas as described in deed dated December 9, 1907 from D.F. Latimer to Amanda
Lee, recorded in volume 123, page 281, Deed of Records of Lamar County, Texas, to Paris
Economic Development Corporation, 1125 Bonham Street, Paris, Texas, for and in
consideration of the cash sum of One Dollar, ($1.00) and other good and valuable
consideration.
Section 3. This resolution shall be effective immediately upon passage.
- ~ 156
DULY PASSED AND APPROVED this 22day of August, 2011.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
A.J. Hashmi, M.D., Mayor
Those Voting Aye Were: Those Voting Nay Were:
15'7
EXHIBIT "A"
Cause No. 74139, Lamar County Appraisal District
vs. Amanda Lee
Date of Tax Sale March 6, 2007
Taxes Due at $3,206.32 (Paris ISD, City, County & Jr. College)
Tax Sale:
Current Adjudged $2,100.00
Value
Account No. #21160
Bid amount $1.00 and other good and valuable consideration
Bidder Paris Economic Development Corporation
1125 Bonham St.
Paris, TX 75460
PROPERTY DESCRIPTION
0.86 acre, more or less, in the Francis Morrison Headright Survey,
Abstract 592, City of Paris
NOTE: Subiect nronertv is a vacant parcel of land that will be beneficial to the
Citv for development by the Paris Economic Development Coruoration
Jf/Lamar/rewlutsBxlubit-7513 H
158
COPY
Notice of confidentiality rights: If you are a natural person, you may remove or strike any of the following informarion from this instrument
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 $1.00 and other good and valuable consideration, the receipt of
which is acknowledged and confessed and paid by
PARIS ECONOMIC DEVELOPMENT CORPORATION
1125 BONHAM ST.
PARIS, TX 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
tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held
under Cause No. 74139, Lamar County Appraisal District vs. Amanda Lee, in the district court of said county,
said property being located in Lamar County, Texas, and described as follows:
0.86 ACRE, MORE OR LESS, SITUATED IN THE FRANCIS MORRISON HEADRIGHT SURVEY,
ABSTRACT 592, LAMAR COUNTY, TEXAS, AS DESCRIBED IN DEED DATED DECEMBER 9, 1907
FROM D. F. LATIMER TO AMANDA LEE, RECORDED IN VOLUME 123, PAGE 281, DEED
RECORDS OF LAMAR COUNTY, TEXAS (ACCT #21160 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 grantees, 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 covenant, condition and restrictions:
Taaces 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 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 taac lien(s) arose.
159
IN TESTIMONY WHEREOF City of Paris, Trustee, has caused these presents to be executed this
_ day of 2011.
STATE OF TEXAS
X
COUNTY OF LAMAR X
City of Paris, Trustee
BY:
Mayor
This instrument was acknowledged before me on this day of
, 2011, by ~
Mayor of the City of Paris.
Notary Public, State of Texas
Commission Expires: _
After recording return to:
Paris Economic Development Corporation
1125 Bonham St.
Paris, TX 75460
5
1 1 160