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11-MOTION TO APPROVE RES AUTHORIZING MAYOR TO EXECUTE TAX RESALE DEED FOR 1535 W WALKER STCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06/27/2012 Council Date: Legal Department Kent Mcllyar, City Attorney 11. 07/09/2012 RECOMMENDED MOTION: Motion to approve a Resolution authorizing the Mayor to execute a Tax Resale Deed for 1535 W. Walker Street. POLICY ISSUE(S): Transfer of tax foreclosed vacant lot for new residential house construction under 2012 HOME Grant Program. BACKGROUND: Ms. Helen Allen currently resides in a substandard structure located at 1700 W. Walker, Paris, Texas. Ms. Allen applied for new home construction financing through the Texas Department of Housing and Community Affairs (TDHCA) 2012 HOME Grant Program. Ms. Allen cannot rebuild on her existing lot because it has been designated floodway under the updated FEMA Flood Plain Maps. Rachel Edwards and Resource Management of Paris, the local grant administrator for the 2012 HOME Grant Program identified another lot at 1535 W. Walker which is vacant but located outside the FEMA floodway area and is owned by the City of Paris, Texas, Trustee and the other local taxing entities pursuant to a tax foreclosure action. The parties now propose that the tax foreclosed vacant lot at 1535 W. Walker be conveyed to Ms. Allen so that she can have a new home constructed on this lot with funding from the TDHCA 2012 HOME Grant Program. The new home to be constructed at 1535 W. Walker will add value to the neighborhood and will add value to the current tax base. The City will accept the property at 1700 W. Walker for drainage purposes and will dispose of the existing small structure. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Resolution ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ~ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris Revised 2/04/08 38 D RAFT RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS; APPROVING THE CONVEYANCE OF CERTAIN TAX DELINQUENT PROPERTY AT LOT 3, BLOCK 7 OF THE COLONIAL ADDITION TO THE CITY OF PARIS, LAMAR COUNTY, TEXAS (1535 W. WALKER) NOT SOLD AT SHERIFF'S SALE PURSUANT TO AN ORDER OF THE DISTRICT COURT IN CAUSE N0. 71186; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas, Trustee 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 tax foreclosure sale conducted by the Sheriff pursuant to an order of the District Court in Cause No. 71186, and it has been more than six months since the period of redemption has expired on this property; and, WHEREAS, Ms. Helen Allen has been qualified for Home Construction Funding Assistance under the TDHCA 2012 HOME Grant Program which provides Federal and State funding for low to moderate income individuals seeking housing; and, WHEREAS, Ms. Allen will build a single family residential structure on this tax foreclosed vacant lot and return the property to the tax rolls; and WHEREAS, all taxing entities involved in the above referenced cause must consent to the sale of the property described in Exhibit "A", attached hereto; 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. For and in consideration of the cash sum of $1.00 and other good and valuable consideration, said money to be distributed pursuant to Chapter 34 of the Texas property Tax Code, the property shall be conveyed to Helen Allen, 1700 W. Walker, Paris, Texas. Section 3. That the Mayor be, and is hereby directed and authorized to execute the deed and any and all documents necessary to convey property described in Exhibit "A", 39 attached hereto. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 9th day of July, 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 40 EXHIBIT "A" Cause No. 71186; Lamar CAD vs. Hurbert B. Huff, et al Judgment Date February 27, 2004 Judgment amount $5,862.08 Account No. #10727 Appraised Value $4,320.00 Present Bid $1.00 Bidder Helen Allen 1700 W. Walker Paris, Texas 75460 PROPERTY DESCRIPTION Lot 3, Block 7 of the Colonial Addition to the City of Paris, Lamar County, Texas, according to the map or plat thereof recorded in Book 1, Page 5, Plat Records of Lamar County, Texas (Acct. #10727 Paris ISD, City of Paris, Paris Jr. College & Lamar Co.) EXHIBIT A Notice of conTidentiality rights: If you are a natural person, you may remove or strike any of the foliowing information 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 i ity of Paris, Trustee, Paris Independent School District, Paris Junior College and Larnar County, acting through the presiding officer of their governing bodies, hereunto duly authorized by resolution and arder 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 Helen Allen 1700 W. Walker 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 taY foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 71186, Lamar County Appraisal District vs. Hurbert B. Huff, et al, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: Lot 3, Block 7 of the Colonial Addition to the City of Paris, Lamar County, Texas, according to the map or plat thereof recorded in Book 1, Page 5, Plat Records of Lamar County, Texas (Acct. #10727 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, nur any other taxing unit inter,~sted 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: Taxes for the present year are to be paid by grantee(s) herein. Conveyance of the properiy 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 tax lien(s) arose. 42 IN TESTIMONY WHEREOF City of Paris, Trustee, has caused these presents to be executed this day of -,2012' City of Paris, Trustee BY: Mayor STATE OF TEXAS COUNTY OF LAMAR This instrument was Mayor of the City of Paris. acknowledged 2012, by X X before me on this day of Notary Public, State of Texas Commission Expires: After recording return to: Linebarger, Goggan, Blair &Sampson, LLP 217 N. Center St. Longview, TX 75601 5 43