HomeMy WebLinkAboutR89-157 TABLED]4,4
PROPERTY SALE.
RESOLUTION NO. R89-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A TAX DEED ON BEHALF OF THE CITY OF
PLAINVIEW IN REGARD TO PROPERTY LOCATED AT 2518
HOLIDAY DRIVE, PLAINVIEW, TEXAS, MORE PROPERLY
DESCRIBED HEREUNDER.
WHEREAS, by a certain order of sale issued by the 64th
Judicial District State Court of Hale County on the 6th day of
February, 1989, by the Clerk thereof, in Cause No. A-2364,
styled, Plainview Independent School District et al vs. Marlin C.
Harris, et al, the City of Plainview acquired a certain interest
in the following described property:
Lot 18, East 5 feet of Lot 19~ Westgate Addition., Unit
No. 1, Plainview, Hale County,, Texas,
a/k/a 2518 Holiday Drive; and
WHEREAS, the City of Plainview~s interest in the above
described property was acquired by reason of certain foreclosed
tax liens as established and provided by certain judgment
rendered in said Cause on the 14th day of July, 1988; and
WHEREAS, on the 7th day of March, 1989, in obedience to said
order of sale, the Sheriff of the County and State did seize and
levy on the afore described property and did offer to sale such
real property at a public auction in the County of Hale at the
south door of the Courthouse therefore in the City of Plainview,
Texas, and;
WHEREAS, at said sale no bid being received which was equal
to the adjudged value of said real property as fixed by said
Court or the aggregate amount of said judgment established
therein, the title to said real property pursuant to said
judgment and Section 34.01 of the Texas Property Tax Code was
struck off to each taxing district to which were parties to such
tax suit in which were by said judgment adjudged to have valid
tax liens against such real property, and;
WHEREAS, the City Council recognizes the public benefit to
having property on the tax rolls and that such is advantageous to
the taxing authority and that state law provides a mechanism
whereby delinquent tax property may be sold at a private sale in
order to accomplish such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLAINVIEW, TEXAS that the Mayor is hereby authorized to
execute a Tax Deed on behalf of the City of Plainview in regard
to the sale of property located at 2518 Holiday Drive, Plainview,
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Hale County, Texas in which the City of Plainview holds a certain
interest.
PASSED AND APPROVED ON THIS THE
DAY OF , 1989.
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO FORM:
-D. Blackburn, City Attorn y
E.V. Ridlehuber, Mayor
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146
STATE OF TEXAS
COUNTY OF HALE
DEED
WHEREAS, by a certain Order of Sale issued out of the
District Court, 64th Judicial District Court of Hale County,
Texas, on the 6th day of February, 1989, by the Clerk-thereof, in
Cause No. A 2364, styled
PLAINVIEW INDEPENDENT SCHOOL DISTRICT et al VS.
MARLIN C. HARRIS, ET AL and delivered to the Sheriff of the County
and State aforesaid, commanding and directing him to seize, levy
upon and sell as under execution the hereinafter described real
property to satisfy the amount of all delinquent taxes, penalties,
interest and costs which were secured by the foreclosed tax liens
on such real property as established and provided by a certain
judgment rendered in said cause on the 14th day of' July, 1988, in
favor of
PLAINVIEW INDEPENDENT SCHOOL DISTRICT
CITY OF PLAINVIEW
as Plaintiffs, and
STATE OF TEXAS AND HALE COUNTY
as Intervening Plaintiffs therein, against
MARLIN C. HARRIS, by virtue of a warranty deed recorded in Volume
618, page 127, of the official records of Hale County, Texas.
MARTHA ELLEN HARRIS by virtue of a warranty deed in Volume 618,
page, 12'?~ of the official records of Hale County, Texas.
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147
THE UNITED STATES OF AMERICA, by virtue of a federal tax lien
recorded in Volume 7, page 36, of the official records of Hale
County, Texas.
CONTINENTAL SAVINGS ASSOCIATION, formerly Frontier Savings
Association, by virtue of two Abstracts of Judgment recorded in
Volume 22, page 63.
TEXACO, INC., by virtue of an Abstract of Judgment recorded in
Volume 22, page 292, of the official records of Hale County,
Texas.
SALLY LOUISE HALL DORSEY as independent executor of the Estate of
John Dorsey by virtue of an Abstract of Judgment recorded in
Volume 23, page 18, of the official records of Hale County, Texas.
STATE SAVINGS & LOAN ASSOCIATION OF LUBBOCK by virtue of an
Assignment of a deed of trust recorded in Volume 698, page 443, of
the official records of Hale County, Texas.
THE STATE OF TEXAS by virtue of a State Tax Lien recorded in
Volume 6, page 325 of the official records of Hale County, Texas.
ILLINOIS FOUNDATION SEEDS, INC., by virtue of an Abstrac~ of
Judgment recorded in Volume 24, page 40, of the official records
of Hale County, Texas.
THE STATE OF TEXAS AND HALE COUNTY by virtue of any taxes or tax
liens they may claim on the property set out hereinbelow.
WHEREAS, on the 7th day of March, 1989 in obedience to said
Order of Sale, the Sheriff of the County and State aforesaid did
seize and levy on the hereinafter described real property and all
the estate, right, title and interest or claims which said
Defendants[s) on the 14th day of July, 1988, so had of, in and
to, and since that time had of, in and to the hereinafter
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148
described real property; and on the first Tuesday of March, 1989
A.D., it being the 7th day of the month, at Ten O'Clock A.M. as
prescribed by law for Sheriff's sale, did offer to sell such real
property at public auction in the County of Hale at the South door
of the courthouse therefore in the City of Plainview, Texas, and;
WHEREAS, at said sale no bid being received which was equal
to the adjudged value of said real property as fixed by said court
or the aggregate amount of said judgment established therein, the
title to said real property pursuant to said judgment and Section
34.01 of the Texas Property Tax Code was struck off to each taxing
district which were parties to such tax suit and which were by
said judgment adjudged to have valid tax liens against such real
property~ such Sheriff's sale being evidenced by that one
Sheriff's Deed recorded in Volume 771, Pages 369, in the Deed
Records of Hale County, Texas, reference to which is hereby made
for a better description of said Sheriff's Deed; and,
WHEREAS, pursuant to Section 34.05 of the Texas Property Tax
Code, it has been determined by the Board of Trustees of the
PLAINVIEW INDEPENDENT SCHOOL DISTRICT, the City Council, acting
for and on behalf of the CITY OF PLAINVIEW, and the Commissioner,s
Court, acting for and on behalf of HALE COUNTY AND THE STATE OF
TEXAS to be most advantageous to the above named taxing
authorities, which were parties to said tax liens against such
real property, to sell said real property at a private sale.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT THE CITY OF PLAINVIEW, PLAINVIEW INDEPENDENT SCHOOL
DISTRICT, AND HALE COUNTY, pursuant to the provisions of Section
34~05 of the Texas Property Tax Code, for and in consideration of
the sum of
, said amount being the highest and best offer
received at said private sale, to them in hand paid by:
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whose address is
receipt of which is hereby acknowledged, having conveyed and by
these presents do convey all the right, title and interest as was
acquired and is now held by the CITY OF PLAINVIEW on behalf of
itself and PLAINVIEW INDEPENDENT SCHOOL DISTRICT AND HALE COUNTY,
by virtue of said tax foreclosure sale Sheriff's Deed to all those
certain tracts of land described as follows:
LOT 18, EAST 5 FEET OF LOT 19, WESTGATE ADDITION, UNIT NO. 1
PLAINVIEW, HALE COUNTY, TEXAS. '
TO HAVE AND TO HOLD the above described property unto the named
purchaser, ~, his successors, heirs, and assigns forever,
free and clear of all liens for ad valorem taxes against such
property delinquent at the time of judgment in the above referred
tax suit to all taxing units which were a party of said suit and
as fully and absolutely as the CITY OF PLAINVIEW, PLAINVIEW
INDEPENDENT SCHOOL DISTRICT, HALE COUNTY and the STATE OF TEXAS,
hold the above described real property by virtue of said judgment
and said Order of Sale and said Section 34.05 of the Texas
Property-Tax Code.
EXECUTED this the
ATTEST:
day of
., 1989.
Secretary
ATTEST:
By
PLAINVIEW INDEPENDENT SCHOOL
DISTRICT
City Secretary
ATTEST:
By
Mayor
CITY OF PLAINVIEW
Hale CoUnty Clerk
By
County Judge
HALE COUNTY
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150
STATE OF TEXAS
COUNTY OF HALE
ACKNOWLEDGMENT
BEFORE ME· the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
of the PLAINVIEW INDEPENDENT SCHOOL
DISTRICT, a political subdivision of the County of HALE· State of
Texas, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that
the same was the act of the PLAINVIEW INDEPENDENT SCHOOL DISTRICT
for the purposes and consideration therein expressed and in the
capacity therein stated. ·
GIVEN UNDER MY HAND AND SEAL OF OFFICE this · 1989.
day of
Notary Public
HALE County· Texas
TYPED NAME:
COMMISSION EXPIRES:
STATE OF TEXAS
COUNTY OF HALE
ACKNOWLE~
BEFORE ME, the undersigned authority· a Notary Public in and
for said County and State· on this day personally appeared
, Mayor of the CITY OF PLAINVIEW, HALE County,
Texas, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed, as
the act and deed of the CITY OF PLAINVIEW in HALE County Texas
and in the capacity herein stated. ' ·
GIVEN UNDER MY HAND AND SEAL OF OFFICE this · 1989.
day of
STATE OF TEXAS
COUNTY OF HALE
Notary Public
HALE County, Texas
TYPED NAME:
COMMISSION EXPIRES:
BEFORE ME, the undersigned authority, a Notary Public in and
for said County and State· on this day personally appeared
, County Judge of HALE County, Texas, known to
me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, as the act and
deed of the Commissioner,s Court of HALE County· Texas, and in the
capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF~ OFFICE this · 1989.
day of
Notary Public
HALE County, Texas
TYPED NAME:
COMMISSION EXPIRES:
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