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Res 019-2014 2/4/2014RESOLUTION NO. 19-2014 Resolution approving the sale of the trustee property located at 1200 Taylor Street to be sold for less than the total amount of the judgments against the property as authorized by Texas Tax Code § 34.05(i) WHEREAS, from time to time, the City of Wichita Falls, along with the Wichita Falls Independent School District and Wichita County, recovers 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; WHEREAS, the District Clerk of Wichita County issues Orders of Sale pursuant to said judgments, commanding the Sheriff or any Constable of Wichita County to seize, levy upon, advertise for sale and sell the properties; and WHEREAS, if a property fails to sell at the initial sheriff’s sale, the City of Wichita Falls, as trustee for itself and for the benefit of the Wichita Falls Independent School District and Wichita County, may sell the property for less than the judgment amount as provided by Texas Tax Code § 34.05(i), with consent of each taxing unit entitled to receive proceeds of the sale under the judgment. 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 the attached Tax Resale Deed, with such changes to form as are approved by the City Attorney. PASSED AND APPROVED this the 4th day of February, 2014. ______________________________ M A Y O R ATTEST: ____________________ City Clerk Exhibit “A” LOCATION MAP 1200 Taylor Ex h i b i t “ B ” AE R I A L M A P 12 0 0 T a ylo r Exhibit “C” 1200 Taylor 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 SIXTEEN THOUSAND FOUR HUNDRED SIXTY-TWO DOLLARS AND 80/100 ($16,462.80) 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. 42,667-B, styled WICHITA COUNTY VS. WILLIAMS, EDWARD ET UX WILLO DANE WILLIAMS., said property being described as: Lots 1 and 2, Block 43, Floral Heights Addition to the City of Wichita Falls, Wichita County, Texas as more particularly described in a deed recorded in Volume 850 at Page 411 of the Deed Records of Wichita County, Texas and known as 1200 Taylor 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. The City of Wichita Falls By: _________________________________ Darron J. Leiker, City Manager STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this _______ day of February, 2014, by Darron J. Leiker, City Manager for the City of Wichita Falls, a Texas municipal corporation, on behalf of said city. _________________________________ Notary Public, State of Texas The Wichita Falls Independent School District By: _________________________________ Kevin Goldstein, President STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this _______ day of February, 2014, by Kevin Goldstein, President of the Board of Trustees for the Wichita Falls Independent School District, on behalf of said district. _________________________________ Notary Public, State of Texas County of Wichita By: _________________________________ Woodrow W. Gossom Jr, County Judge STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this _______ day of February, 2014, by Woodrow W. Gossom, Jr, County Judge for the County of Wichita, on behalf of said county. ___________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: PROPERTY MANAGEMENT DIVISION P. O. BOX 1431, WICHITA FALLS, TEXAS 76307