Res 054-2012 6/19/2012 RESOLUTION NO. 54-2012
Resolution Allowing The Trustee Property Located At 622 Van Buren
To Be Sold For Less Than The Total Amount Of The Judgments
Against The Property As Authorized By Section 34.05 (i) Of The
Texas Property Tax Code
WHEREAS, from time to time, the City of Wichita Falls, along with the Wichita
Falls Independent School District and Wichita County, recover judgments in suits filed
in the District Courts of Wichita County, Texas, for delinquent taxes, penalties and
interest and the foreclosure of the tax lien on properties located in the City of Wichita
Falls, Wichita County, Texas; and
WHEREAS, the District Clerk of Wichita County, Texas, issues Orders of Sale
pursuant to said judgments, commanding the Sheriff or any Constable of Wichita
County, Texas to seize, levy upon, advertise for sale and sell the properties; and
WHEREAS, the City of Wichita Falls is currently holding title to several such
properties in trust for itself and the benefit of the Wichita Falls Independent School
District and Wichita County, and desires to have some of the properties resold by the
Wichita County Sheriff or Constables, as provided by Section 34.05(i) of the Texas
Property Tax Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the Tax Resale Deed to Jorge
Luna as provided in "Exhibit D", with such changes to form as are approved by the
City Attorney.
PASSED AND APPROVED this 19t" day of June, 2012.
MAYOR
ATTEST:
City Clerk
Exhibit "A"
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Exhibit "D"
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.
STATE OF TEXAS §
§ TAX RESALE DEED
COUNTY OF WICHITA §
KNOW ALL MEN BY THESE PRESENTS that the CITY OF WICHITA FALLS, TRUSTEE,
the WICHITA FALLS INDEPENDENT SCHOOL DISTRICT, and WICHITA COUNTY, acting by
and through their duly elected officials by resolution duly proposed and adopted in the manner
required by law ("GRANTORS") as authorized by Section 34.05, Texas Property Tax Code, for
and in consideration of the sum of SEVEN THOUSAND FIVE-HUNDRED DOLLARS AND
NO/100 ($7,500.00), in hand paid by JORGE LUNA ("GRANTEE") the receipt of which is
hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents
do convey and quitclaim unto said grantee all right, title and interest of the CITY OF WICHITA
FALLS, WICHITA FALLS INDEPENDENT SCHOOL DISTRICT and WICHITA COUNTY in the
property herein conveyed, acquired by tax foreclosure sale heretofore held in Cause No.
42,090-A, styled Wichita County vs. Thompson, Lavonia D., et al said property being
described as:
South 50 feet of Lots 1 and 2, Block 1, Floral Heights Addition to the City of
Wichita Falls, Wichita County, Texas as more particularly described in a deed
recorded in Volume 1291 at Page 117 of the Deed Records of Wichita County,
Texas and known as 622 Van Buren St.;
This conveyance is made and accepted subject to the following matters to the extent that
the same are in effect at this time: any and all rights of redemption, restrictions, covenants,
conditions, easements, encumbrances and outstanding mineral interests, if any, relating to the
hereinabove described property, but only to the extent they are still in effect, shown of record
in the hereinabove mentioned County and State, and to all zoning laws, regulations and
ordinances of municipal and/or other governmental authorities, if any but only to the extent that
they are still in effect, relating to the hereinabove described property.
TO HAVE AND TO HOLD said premises, together with all and singular the rights, privileges
and appurtenances thereto in any manner belonging unto the said JORGE LUNA, his heirs
and assigns forever, so that neither the CITY OF WICHITA FALLS, WICHITA FALLS
INDEPENDENT SCHOOL DISTRICT, nor WICHITA COUNTY, nor any person claiming under
it or them shall at any time hereafter have, claim or demand any right or title to the aforesaid
premises or appurtenances, or any part thereof.
Grantee accepts the property without warranty and in "AS IS, WHERE IS" condition and
subject to any environmental conditions that might have or still exist on said property, and
subject to any title defects and deficiencies, and subject to the right of redemption, if any,
provided under the Texas Property Tax Code.
Taxes for the current year are assumed by Grantee.
IN TESTIMONY WHEREOF, THE CITY OF WICHITA FALLS, TRUSTEE, the WICHITA
FALLS INDEPENDENT SCHOOL DISTRICT, and WICHITA COUNTY, has caused these
presents to be executed this day of 12012.
ATTEST: CITY OF WICHITA FALLS
By:
City Clerk Darron Leiker, City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Darron Leiker, City
Manager for the City of Wichita Falls, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed same for the purposes and
consideration therein expressed and in the capacity therein stated.
Notary Public, State of Texas
ATTESTED: WICHITA FALLS INDEPENDENT SCHOOL
DISTRICT
By:
Secretary, Board of Trustees President, Board of Trustees
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared the President of the
Board of Trustees for the Wichita Falls Independent School District, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for the
purposes and consideration therein expressed and in the capacity therein stated.
Notary Public, State of Texas
ATTESTED: COUNTY OF WICHITA
By:
Lori Bohannon, County Clerk Woodrow W. Gossom, Jr., County Judge
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Woodrow W.
Gossom, Jr., Judge for the County of Wichita, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed same for the purposes and
consideration therein expressed and in the capacity therein stated.
Notary Public, State of Texas
GRANTEE'S ADDRESS:
JORGE LUNA
614 VAN BUREN
WICHITA FALLS, TEXAS 76301