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09-D Tax Sale Deed 143 S Main DRAFT F:ATTORNEY\RESWORK\CURRENn Tax Sale Res 143 S. Main St. October 19,2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE SALE OF TAX DELINQUENT PROPERTY DESCRIBED AS PART OF LOT 10, CITY BLOCK 6, BEING NUMBER 143 SOUTH MAIN STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE D ATE. 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 and any and all documents necessary to convey the property described as Part of Lot 10, City Block 6, being number 143 South Main Street, and 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 APPROVED this 24th day of October, 2005. EXHIBIT" A" Cause No. 69932, Lamar County Appraisal District vs. Darrell Moffitt Judgment date August 20, 2004 Judgment Taxes Due: $16,009.01 Lamar County Appraisal District Adjudged Value $34,960.00 Present Bid $18,764.50 Bidder Aaron Raper 325 35th N.E. Paris, TX 75460 PROPERTY DESCRIPTION Part of Lot 10, Block 6, City of Paris, being 0.119 acre in the Larkin Rattan Survey (Situs: 143 S. Main St.) (Acct #100218) T . Notice of confidentiality rights: If you are a natural 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. T AX RESALE DEED ST ATE OF TEXAS 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 respective governing body which is duly recorded in its official Minutes, hereinafter called grantor, for and in consideration of the sum of$18,764.50 cash in hand paid by AARON RAPER 325 35TH N.E. 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 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. 69932, Lamar County Appraisal District vs. Darrell Moffitt, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: 0.119 ACRE, MORE OR LESS, SITUATED IN THE LARKIN RATTAN SURVEY, BEING PART OF LOT 10, BLOCK 6, CITY OF PARIS, LAMAR COUNTY, TEXAS, AND DESCRIBED IN DEED DATED NOVEMBER 14, 1994, FROM CLYDE KIRKLAND, ET UX TO DARRELL MOFFITT, RECORDED IN VOLUME 491, PAGE 200, DEED REtORDS OF LAMAR COUNTY, TEXAS (ACCT #100218 PARIS lSD, 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, his heirs and assigns forever, so that neither the grantor, 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: (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 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. i " ~ . 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. Edgar. et aI., 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, 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 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 grantor makes 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. \H:\Jean Foster\Lamar\rsdeeds-OS\69932-deerb-City- Trustee only- Raper.doc\10/1210S 8:34 AM , ; .' ;0 " 2 T . --~ this IN TESTIMONY WHEREOF the City of Paris, Trustee, has caused these presents to be executed day of , 2005. ST ATE OF TEXAS COUNTY OF LAMAR x x City of Paris, Trustee BY: Mayor This instrument was acknowledged before me on this day of 2005, by , Mayor of the City of Paris. After recording return to: Aaron Raper 325 35th N.E. Paris, TX 75460 \H:lJean Foster\Lamar\rsdeeds-O5\69932-deerb-City-Trustee only- Raper.doc\1 011 2105 8:35 AM T I u~- ... 3 Notary Public, State of Texas Commission Expires: l " -- .- - --.-.