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",
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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
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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.
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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
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