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HomeMy WebLinkAboutO-2006-2873 ORDINANCE NO. 2006-;(813 AN ORDINANCE APPROVING AND AUTHORIZING THE CONVEYANCE OF LOTS 28 THROUGH 32, BOTH INCLUSIVE, BLOCK 104, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Sales price shall be $12,500.00. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2006-~~7~ PAGE 2 /J1 PASSED AND APPROVED, this ~th day of February, 2006. CITY OF LA PORTE By: ~LY~ Alton E. Porter Mayor ATTEST: ~&Ik 0 /14t!) Mart a A. Gillett City Secretary APPROVED, ~ ~JJ ~ ~ Knox W. Askins City Attorney 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 (Language pursuant section 11.008 ofthe Texas Property Code) THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ ~ TAX RESALE DEED KNOW ALL MEN BY THESE PRESENTS that the CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO COMMUNITY COLLEGE DISTRICT and THE STATE OF TEXAS, COUNTY OF HARRIS, acting by and through its duly elected officials ("GRANTOR") as authorized by Section 34.05, Texas Property Tax Code, for and in consideration of the sum ofTEN DOLLARS AND 00/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid by LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC. ("GRANTEE") the receipt of which is hereby acknowledged and confessed, has conveyed and quitclaimed and by these presents do convey and quitclaim unto said Grantees all right, title and interest of the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT, THE SAN JACINTO COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS in the property herein conveyed, acquired by tax foreclosure sale heretofore held, in Cause No. 1999-37587, styled City of La Porte, La Porte Independent School District, the San Jacinto Community College District, and Harris County vs. Norman Adoue, et aI, said property being described as: LOTS 28,29, 30, 31 AND 32, BLOCK 104, TOWN OF LA PORTE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, LA PORTE, TEXAS 77571. (ACCOUNT NUMBER 023-216-004- 0028). 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 LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC., its successors and assigns forever, so that neither the CITY OF LA PORTE, THE LA PORTE INDEPENDENT SCHOOL DISTRICT,THE SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, AND THE STATE OF TEXAS, COUNTY OF HARRIS any person claiming under it shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. 1 Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. By: CITY OF LA PORT~ ~~<<;Ra:9~f LLE City Manager ATTEST: L;fJZtlldL~ City Secretary STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ A~_ThiS instrument was acknowledged before me on the ~~~ay of ~~, 2006, by DEBRA BROOKS FEAZELLE, city Manager of the City of L Porte, a municipal corpora~ion. . ~ YVONNE QMIUM)N My CornrnIIIIDn ..... 0Ct0bef 2', 2G09 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 Grantee accepts the property 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. Grantee acknowledges and agrees that this conveyance is expressly made without warranty. This transaction is in full satisfaction of all taxes, penalties, interest, and costs that have accrued until the date hereof. Pro rata taxes for the current year are assumed by Grantee. IN TESTIMONY WHEREOF, THE CITY OF LA PORTE, TRUSTEE, for the use and benefit of itself, the LA PORTE INDEPENDENT SCHOOL DISTRICT, the SAN JACINTO JUNIOR COMMUNITY COLLEGE DISTRICT, and the SJ4XJ: OF TEXAS, COUNTY OF HARRI~ has caused these presents to be executed this J. rr day of ft p. 2006. CITY OF LA PORTE, TRUSTEE ~L~-h- ALTON PORTER, MAYOR ACCEPTED: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC. By: ( ), Authorized Representative 2 THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared ALTON PORTER, Mayor of the City of La Porte, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this';;-.lIP day of ft6rua (y , 2006. 07jg,H/a. ffPJtti NOT Y PUBL C, In and for the STATE OF TEXAS My Commission Expires: ~N/ 07 THE STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared , the of LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY - HOUSTON, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purposes and consideration therein expressed, in the capacity therein stated, and with the conditions and the limitations therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 2006. day of NOTARY PUBLIC, in and for the STATE OF TEXAS My Commission Expires: After Recording Return To: La Porte Chapter, Bay Area Habitat for Humanity - Houston, Inc. P. O. Box 2087 La Porte, Texas 77572-2087 3 SUMMARY OF FORCLOSURE ACTIVITY HCAD ACCOUNT NO: CAUSE NO: PLAINTIFF(S): JUDGMENT AGAINST: JUDGMENT DATE: ORDER OF SALE: DEED RECORDED DATE:. CONSTABLE: PROPERTY ADDRESS: LEGAL DESCRIPTION:' 023-216-004-0028 1999-37587 City of La Porte & La Porte Independent School District La Porte - Houston Realty Co August 14, 2001 STRUCK OFF DATE: March 22, 2002 July 2, 2002 STRUCK OFF TO: City of La Porte Bill Bailey, Constable Precint No 8 North Fourth Street Lots 28 thru 32 Block 104 La Porte ADJUDGED VALUE ( IN JUDGMENT): SQUARE FOOTAGE: $ 12,500.00 15,625 SUMMARY OF SALE ACTIVITY BIDDER: Habitat for Humanity AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: BIDDER'S ADDRESS: PO Box.2087. La Porte, TX 77572-2087 $12,500.00 $1,250.00 $11,250.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, ET JUDGMENT TO AL. . % SCHOOL % CITY % TOTAL AMOUNT DUE $6,632.66 37.56% $7,137.25 40.42% $3,889.26 22.02% $17,659.17 ESTIMATED AMOUNT AMOUNT OF COURT CONSTABLE/PUBLICA TI AD LITEM RESEARCH FEE & TO BE PRORATED TO BID COST ON FEE (TISD) FEE DEED RECORDING FEE TAXES $12,500.00 $0.00 $175.00 $0.00 $250.00 $12,075.00 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $4,535.29 37.56% $4,880.31 40.42% $2,659.40 22.02% $12,075.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION Amount of Bid: Costs: $12,500.00 -District Clerk - Tax Master -c:.onstable Fee -Publication -Abstract Fee -Ad Litem Fee $0.00 $0.00 $0.00 $175.00 $250.00 $0.00 $12,075.00 Total: Taxing Jurisdictions: City of La Porte La Porte ISO Harris County San Jacinto CCD State of Texas Amount in JUdgment $3,889.26 $7,137.25 $3,064.81 $3,567.85 $0.00 $17,659.17 % 22.02% 40.42% 17.36% 20.20% 0.00% 100.00% Amount Received $2,659.40 $4,880.31 $2,095.66 $2,439.63 $0.00 $12,075.00 Costs + Taxes $18,084.17 Adjudged Value $ 12,500.00 P170 .- 02/16/2006 10:26 ~ .- 2814710355 JAMES C COUNTS PAGE 01/01 .. . . LA m'PORTE HABITAT FOR HUMANITY P.O BOX ~087 LA PORTE, TX 7757~-~087 ~~M"" i 01 r-~-J~ I~ U ~ J ~'. i r. '? ~ FEB I 6 C..j ,. _.--...--"'-- -," ~ . " i~S3T. c.-....I r !'_;..'V:';=;~\ r L February ~5, 2006 John Joerns, Asst. City Mgr. City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 FAX # 281-842-1259 Subject: Property for La Porte Habitat For Humanity Ref: Letter Request 11/1/05 Dear Mr. Joerns: La Porte Habitat board approved, at its meeting 2/14/06, purchase of the two tracts offered by the City, being Tract No. 1 ~ Lots 26 & 27, Block 104, Town of La Porte Tract No. 2 - Lots 28 - 32, Block 104, Town of La Porte This based on the Fiscal Affairs Committee recommendation being approved at the Council meeting, scheduled 2/27/06 and at a cost of $2500/lot and release of "weed" liens at closing. Thanks for your continuing help and support of HFH. ;Z:S~ Bulldin~ hOIJ~es in J111~l"j:hip with God'~ penple in need