HomeMy WebLinkAboutR-2010-09 public resale of real property acquired by City of La Porte/tax foreclosure by constable of Harris County/8423 Avington Rd.RESOLUTION NO. 2010- '!
A RESOLUTION AUTHORIZING THE PUBLIC RESALE OF PROPERTY
ACQUIRED THROUGH TAX FORECLOSURE BY THE CONSTABLE OF
HARRIS COUNTY.
On the 28th day of June 2010, at the regularly scheduled meeting of the City Council of
the City of La Porte, a motion was duly made and seconded for the City of La Porte to resell
property described on Exhibit "A" attached hereto, which was acquired through tax foreclosure
proceedings. The City of La Porte requests that the Constable of Harris County conduct such
sale in accordance with Section 34.05 (a), (c) and (d), Property Tax Code, and that such sale be
held at the earliest available date in accordance with the laws of the State of Texas; and further
that the City of La Porte notify the Constable that it would not object to a sale price of such
property in the sum of. See Exhibit "A".
Discussion amongst the City Council was then conducted, and upon completion of the
same the Mayor of the City of La Porte called a vote on the motion, and the same was passed by
majority. Now therefore:
BE IT RESOLVED by the City Council of the City of La Porte, Texas, that the City of
La Porte offer for resale, in accordance with Section 34.05 (a), (c) and (d), Property Tax Code,
the property described on Exhibit "A" and that the Constable is hereby requested to conduct such
sale in accordance with such statutes at the earliest possible date and further, that a minimum
acceptable sale price for such property is as set forth on Exhibit "A".
Passed by the City Council 28`h day of June, 2010.
CITY OF LA PORT
10014z__' ee-�J
Daryl onar ,Mayor Pro -Tern
ATTEST:
Martha .Gillett, City Secretary
APP OV
ark skins, Assistant City Attorney
EXHIBIT "A"
Legal Description:
LOT 6, BLOCK6, BROOKGLEN SECTION 1, AN ADDITION IN HARRIS COUNTY,
TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A WARRANTY DEED FILED
IN THE HARRIS COUNTY CLERK'S OFFICE DEED RECORDS DIVISION, UNDER
CLERK'S FILE NUMBER E416288.
Minimum Bid: $7,400.00
SUMMARY OF FORECLOSURE ACTIVITY
HCAD ACCOUNT NO:
100-523-000-0006
CAUSE NO:
1998-58659
PLAINTIFF(S):
City of La Porte & La Porte Independent School District
JUDGMENT AGAINST:
Connie S & William Karpiak
JUDGMENT DATE:
October 27, 1999 STRUCK OFF DATE: March 7, 2000
ORDER OF SALE:
January 6, 2000
DEED RECORDED DATE:
March 21, 2000 STRUCK OFF TO: City of La Porte
CONSTABLE:
Bill Bailey, Constable Precint No 8
PROPERTY ADDRESS:
8423 Avington Rd
LEGAL DESCRIPTION:
Lot 6 Block 6 Brookglen Sec 1 R/P
ADJUDGED VALUE (IN JUDGMENT): $56,000.00
SQUARE FOOTAGE: 7,035
BIDDER:
AMOUNT OF BID:
AMOUNT OF DEPOSIT
AMOUNT DUE:
SUMMARY OF SALE ACTIVITY
$7,400.00
$740.00
$6,660.00
BIDDER'S ADDRESS:
BIDDER'S PHONE NO:
PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT
JUDGMENT TO
COUNTY, ET
AL.
%
SCHOOL
%
CITY
%
TOTAL
AMOUNTDUEJ
$9,648.19
26.80%
$16,611.13
46.14%
$9,744.83
27.07%
$36,004.15
ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES
ESTIMATED AMOUNT
AMOUNT OF
COURT
CON STABLE/;BLIATI
AD LITEM
RESEARCH FEE &
TO BE PRORATED TO
BID
COST
ON FEE
FEE
DEED RECORDING FEE
TAXES
$7,400.00
$784.00
$470.
$750.00
$250.00
$5,146.00
PRORATED TAX AMOUNTS TO EACH JURISDICTION
OWED TO
COUNTY
%
SCHOOL
%
CITY
%
TOTAL
PRORATED
AMOUNT
$1,379.00
26.80%
$2,374.20
46.14%
$1,392.81
27.07%
$5,146.00
Amount of Bid: $7,400.00
Costs:
-District Clerk
$734.00
-Tax Master
$50.00 Chris Stacy
-Constable Fee
$0.00
-Publication
$470.00
-Abstract Fee
$250.00
-Cost
$5,084.70 Demolition 10-1-96
-Ad Litem Fee
$750.00 Madison R Jones
Total: $61.30
Taxing
Jurisdictions:
Amount in Judgment: % Amount Received
City of La Porte
$9,744.83 27.07%
$16.59
La Porte ISD
$16,611.13 46.14%
$28.28
Harris County
$8,341.12 23.17%
$14.20
San Jacinto CCD
$1,307.07 3.63%
$2.23
State of Texas
$0.00 0.00%
$0.00
$36,004.15 100.00%
$61.30
Costs + Taxes $43,342.85
Adjudged Value $ 56,000.00 P086
KEI,
HCAD: Appraisal Record Detail Page 1 of 2
Personal: Account Number Address Owner Name Advanced
Real Property Account
HCAD Account # : 1005230000006 Tax Year : 2000
Preliminary
Values
IaOwner Name : KARPEAK W A
4 , ,
Owner Address : 8423 AVINGTON RD
LA PORTE TX 77571-3620
Property Address : 8423 AVINGTON RD
LA PORTE TX 77571
Legal Description : LT 6 BLK 6
BROOKGLEN SEC 1 R/P
State Class Code : Al -- Real, Residential, Single -Family
Homestead Exemption : --
Special Exemption : --
Jurisdiction Codes : 020 040 047 071
Overlapping CAD : No Notice Date : 4/27/00
Capped Account : No ARB Approved
Value Status : Noticed, Not
Certified
Your taxes will be based on Appraised Value, less applicable exemptions, if any.
Use market value for comparison with your neighbors.
Valuation : TY2000 Previous Change Appraised Market Value
Value
Land : 11,400 0 11,400 rd (t, �IrU�r
Improvement : 46,800 6,800 53,600 �.
Ag/Tmbr/Spc : O 0 0
Total Value : 58,200 6,800 65,000 65,000
Note:
Year 2000 (current year) values are still preliminary and not all
http://data.hcad.org/cgi-bin/AV/AVDetail.asp?acct=1005230000006 4/27/00
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CustomCAMA WebRDE Page 1 of 1
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Tax Year :
2010
E
x 0
0=: 2.
L
Account #: 100-523-000-0006
NH Group:
Summary I Appraised
Alternate Cost Noticed
Property Use: I X1 I Governmental Exempt
20007
Neighborhood:
2010 Summary
Ownershi
:
^' 21201
Primary Method:
Notice
#
Owner Name
% Own
Role
BROOKGLEN
Land:
$14,535
1
CITY OF LA PORTE
100%
Owner
PT 2
Building:
$0
Legal
Description
XFOB:
$0
LT 6 BLK 6
New Construction:
$0
BROOKGLEN
Owner Address
SEC 1 RIP
Total Market:
$14,535
PO BOX 1115
LA PORTE, TX 77672-1116
Site Address
8423
Cap Reduction:
$0
AVINGTON
New Owner Date: 3/10/2000
RD , LA
Total Appraised:
$14,535
PORTE 77571
AKA:
Mail To:
i
http://webrde.hcad.org/info.asp?strap=1005230000006&ty=2010 6/10/2010
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06/12/2003 10:41 FAX 7138621429 PBFCM - LA PORTE
,ORDER OF SALE IN TAX SUITS TR# 'I aL O 9�
(it001
THE STATE OF TEXAS
TO: ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS, GREETING:
WHEREAS, in the suit set forth below, the Plaintiff and/or Intervenor taxing units recovered a
judgment of foreclosure on delinquent taxes, penalties, interest, costs and expenses of suit and sale, in those
amounts and on the date as shown and fully set forth in such judgment, a copy of which is attached bereto
and incorporated by reference;
WHEREAS, the Judgment constituted a foreclosure of the lien for taxes due to the Plaintiffs)
and/or Interevenor(s) upon the property described in such Judgment;
WHEREAS, the suit on which the Judgment is based is identified as follows, such judgment also
providing for the recovery of all court costs and expenses of suit as shown: Cause No. 1998-58659; CITY
OF LA PORTE vs. KARPIAK, CONNIE S. See attached true and correct copy of judgment signed on
OCTOBER 27, 1999, recorded in Volume and Page Number and/or Image No. 282099, of the Minutes of
the District Court, for the following matter; a) taxes, penalties, interest, attorney fees, abstractors' fees,
attorney ad litem fees and Tax Master fee recovered by said judgment;ll) description of the property
foreclosed by said judgment, and c) the adjudged market value of -said property as fixed in the judgment,
all of which matters are incorporated herein by reference. Also see attached Bill of Costs, same being
incorporated herein by reference.
THEREFORE, WITH RESPECT TO THE SUIT SHOWN ABOVE, YOU ARE HEREBY
COMMANDED to proceed to seize, levy, upon, and advertise for sale under Execution the property
described in said judgment and sell the same to the highest bidder (hereinafter called "Purchaser') for cash,
pursuant to Sections 34.01 and 33.50 of the Texas Property Tax Code. It is further specified herein that the
property may be sold to a taxing unit that is a P4rty to the suit or to any other person, other than a person
owning an interest in the property or any party to the suit that is not a taxing unit, for the adjudged value of
the property as stated in the judgment or the aggregate amount of the judgments against the property,
whichever is less. You are further commanded that the property may not be sold to a person owning an
interest in the property or to a person who is a party to the suit other than a taxing unit unless (1) that
person is the highest bidder at the tax sale, and (2) the amount bid by that person is equal to or greater than
the aggregate amount of the judgments against the property, including all costs of suit and sale. You are
further commanded to make such We subject to the right of the Defendant(s) to redeem the property
pursuant to Section 3411 of the Texas Property Tax Code; and, further, you are commanded to make to the
Purchaser, or to the Purchaser's designee, your Deed thereto, subject to said right of redemption. You are
further commanded to place the Purchaser, or the Purchaser's designee, in possession of the property so
sold in accordance with the provisions of said Judgment, attached hereto.
You are commanded to apply the proceeds of such sale to the payment of the judgment, plus the
interest, penalties, costs and expenses of suit, and attorney's fees as set out in said judgment, and further,
the costs of executing this Order, including your costs of sale: the remainder of the purchase price, if any
there be, shall be paid to the Clerk of the District Clerk to be retained by said Clerk, subject to the order of
said Court, in accordance with the statures of the State of Texas.
HEREIN FAIL NOT, and make due return of this Writ within 180 days from the date of issuance
hereof, with your endomment thereon showing how you have executed the same.
ISSUED UNDER MY HAND and the seat of Office at Houston, Texas this -ZI f rday of
19-ff_.
Issued at the request of -
Terry G. Wiseman
Perdue, Brandon, Fielder, Collins
2600 Citadel Plaza, Suite 500
Houston, Texas 77008
Charles Bacarisse, District Clerk
Harris County Texas
Y. C
Deputy
06/12/2003 10:42 FAX 7138621429 PBFCM LA PORTE (6003
CAUSE NO. 98-59659
CITY OF I.A PORTE AND LA
PORTE INDEPENDENT SCHOOL
DISTRICT
vs.
CONNIE S. KARPIAK; WILLIAM
A. KARPIAK
vs.
'STATE OF TEXAS
COUNTY OF HARRIS
SAN JACINTO COMMUNITY
COLLEGE DISTRICT
JUDGMENT
in
$ IN THE DISTRICT COURT OF
§
§ HARRIS COUNTY, TEXAS
§
§ WrH JUDICIAL DISTRICT
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On October 5, 1999, this cause being called in its regular order, came the Plaintiff
Taxing Unit(s) whether Plaintiff(s), Intervcnor(s) or Impleaded Plaintiff(s), to wit:
CITY OF LA PORTE
LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTS ISD)
HARRIS COUNTY, HARRIS COUNTY .EDUCATION DEPARTMENT,PORT
OF HOUSTON OF HARRIS COUNTY AUTHORITY, HARRIS COUNTY
FLOOD CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL
DISTRICT (HARRIS COUNTY)
SAN JACINTO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CCD)
The defendants are as follows:
CONNIE S. KARP.IAK; WILLIAM A. KARPIAK has fled an answer through
a Court appointed attorney and was given notice of the Trial date.
t�iiwr �" v °w°a
ad vs ��
08/12/2003 10:42 FAX 7138621429 PBFCX - LA PORTE 0002
Case Number: 9858654 Court:
STYLE: CITY OF LA PORTE
O F F I C I A L
VS KARPIAK, CONNIE S
Date: 12/21/99
Fees Due
The fees Listed have been assessed according to state taw at time of assessment. Official records in my office
show that the fees and costs are past due.
INVOICE FILE DATE ASSESSED TO FEE SERVICE PERFORMED AMOUNT DUE
580050 12-11.98 CITY OF LA PORTE 100 FILING NEW CASE 45.00
602803 01-28.99 CITY OF LA FORTE
640460 04-14-99 CALAME LINEBARGER GRAHAM 6 PENA LLP
630665 06-28.99 SAN JACINTO COMMUNITY COLLEGE DISTRICT
730958 12.20-99 PERDUE,BRANDON FIELDER COLLINS6MOTT LLP
300
SHERIFFfS BAILIFF FEE
10.00
450
JUDICIAL FILING FEE
40.00
199
RECORD PRESERVATION FEE
5.00
195
SECURITY SERVICE FEE
5.00
452
LEGAL SRVCS FEE-FAMILY/DiST
10.00
121
CITATION WITH 1 COPY
16-00
121
CITATION WITM 1 COPY
16.00
355
CONSTABLE FEE -TAX
120.00
102
FILING INTERVENTION
15.00
196
SECURITY FEE
1.00
452
LEGAL SRVCS FEE-FAMILY/DiST
10.00
102
FILING INTERVENTION
15.00
196
SECURITY FEE
1.00
452
LEGAL SRVCS FEE-FAMILY/DIST
10.00
145
ORDER OF SALE
8.00
356
CONSTABLE FEE -TAX SALE
400.00
291
UNCERTIFIED COPIES
7-00
--------•------ ---.....
BALANCE DUE: s734.00
OWED BT AMOUNT OWED
CITY OF LA PORTE 267.00
CALAME LINEBARGER GRAHAM 6 PENA LLP 26.00
SAN JACINTO COMMUNITY COLLEGE DISTRICT 26.DO
PEROUE,BRANOON FIELDER COLLINSSMOTT LLP 415.00
CHARLES SACARISSE DISTRICT CLERK
Issued by: GILMORE. DUANE
TOTAL OWED. S734.00
TAX MASTER Ssom
CMUS STACY
06/12/2003 10:42 FAX 7138621429 PBFCM
LA PORTE 16004
Said cause coming on for trial and no jury having been demanded, all parties
announced ready. All matters of controversy, both of fact and of law, were submitted to
the Court. The Court, after considering the pleadings, evidence, and arguments of
counsel. grants judgment as follows;'
IT IS ORDERED that the Plaintiff taxing units recover of and from the
Defeadant(s),as indicated below, the total sum of money due for taxes, penalties,
interest, attorney fees, title research fees, and costs, which claims are secured by taut liens
against the property hereinafter described, for which let execution issue; provided,
however, that no money judgment is granted against any defendant which is designated
as IN REM ONLY,
TRACT I. LOT 6, BLOCK 6, BROOKGLEN SECTION 1, AN ADDITION IN
HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A
WARRANTY DEED FILED IN THE HARRIS COUNTY CLERICS OFFICE
DEED RECORDS DIVISION, UNDER CLERWS FILE NUMBER E41628Z;.
Account No_ 100-523-000.0006 Adjudged Market Value: 56000.00
TRACT 1
ma Yeas
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IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendants)
interest at the rate of one (1%) percent per month or portion of a month on the base tax amount for
the 1998 and prior tax yeas from November 1, 1999 until paid.
08/12/2003 10:43 FAX 7138621429 PBFCM y LA PORTE 0 005
IT IS ORDERED that the Plaintiff taxing unit(s), do have and recover from the Defendant(s),
all court costs that have been, and will be incurred in the prosecution of this cause. All costs of court
shall be paid by the Defendant(s), for which let execution issue.
IT IS ORDERED that CHRIS STACY, Tax Master be awarded 50.00 as a Tax Master Fee
and that such amount be taxed as costs in this case.
Tr IS ORDERED that MADISON R. ]ONES, attorney ad litem, be awarded the sum of S
d C to be taxed as coats.
IT IS ORDERED that the following taxing units, having been joined herein but having: failed to
plead and prove their claims for delinquent taxes on the above described real property, shall have
their tax liens on such property extinguished for all delinquent taxes due, as of the date of this
judgment, pursuant to the provisions of Section 33.44 of the Texas Property Tax Code, to wit:
NONE
IT IS ORDERED that a tax lien against each of the above -described tracts of land secures the
payment of all taxes, penalties, interest, abstractor'$ fees, attorneys fees, and costs of court,
attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title,
interest, or lien($) asserted by any Defendant(s) herein. Plaintiff(s) shall have foreclosure of said tax
liens) on each of said tracts of land against the Defendant(s) or any person(s) claiming under said
Defendant(s) by any right, title or interest acquired during the pendency of this suit. Further, said
property is ORDERED SOLD in satisfaction of the amount of the judgment The clerk of this court
is directed to issue an order of sale, commanding that the Sheriff or any Constable of the State of
Texas seize, levy upon, advertise for sale, and sell said tracts of Iand to the highest bidder for cash, as
under execution, pursuant to the provisions of Chapter 34 of the Texas Property Tax Code.
06/12/2003 10:43 FAX 7138621429 PBFCM
LA PORTE 0 008
IT IS ORDERED that the property may be sold to a taxing unit that is a party to the suit or
any other person, other than a person owning an interest in the property or any party to the suit that
is not a taxing unit, for the market value of the property stated in the judgment or the aggregate
amount of the judgments against the property, whichever is less.
IT IS ORDERED that if the property is sold for the adjudged value, the net proceeds shall
belong and be distributed to all taxing units which were parties'to this suit and which have been
adjudged to have tax liens against said property, pro rata and in proportion to the amounts of their
respective tax liens as established in this judgment.
IT 1S ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the
officer conducting the sale, a certified tax statement showing the amount due the taxing unit as of the
date of the proposed sale, and such officer may rely on such statements and may not be held liable or
responsible for the accuracy of the applicable portion of the caluclation.
IT IS ORDERED that any excess in the proceeds of sate over and above the amount necessary
to defray the cost of suit, sale, and other expenses made chargeable in this suit against such proceeds
and to fully discharge the judgments against said property, shall be paid to the clerk of this Court and
be retained by said clerk for disposition to any parties legally entitled to such excess in accordance
with the terms and provisions of the Texas Property Tax Code.
IT IS ORDERED that the clerk of this court shall issue a writ of possession, as authorized by
law, to the purchaser at the foreclosure sale or his heirs, executors, administrators or assigns pursuant
to the Texas Property Tax Code.
IT IS ORDERED that this Judgment is all things without prejudice to the authority and power
of Plaintiff Taxing Unit(s) to hereafter levy and coned taxes or to maintain a suit or suits to enforce
and recover any taxes for the 1999 tax year and/or subsequent tax years on the property herein
06/12/2003 10:43 FAX 7138621429 PBFCM
LA PORTE Z 007
` described.
IT IS ORDERED that all parties heretofore named in any pleadings filed by any party and not
included in this judgment, and any property set out in previous pleadings but not included in this
judgment, are hereby dismissed without prejudice to the right to refile their claims. Any relief
previously requested and not herein granted is expressly denied_
IT IS ORDERED that for all the above rccomy, let execution issue.
Signed this the 31 day of O�Y , 1999.
CAI ,, :SI—J
DGE PRES ING
06/12/ 2003 10: 43 FAX 7138621429 PBFCM y LA MUL wi UUs
APPROVED AS TO FORM:
PERDUE. BRANDON, FIELDER,
COLLINS & MOTT, I-L.P4
Y
JA6oN L. BAILEY
SBOT #00790253
JENNINE Y. HOVELL.
SBOT #24002313
2600 Citadel Plaza, Suite 500
Houston. Texas 77008
(713) 862-1860
(713) 862.1429 FAX
LINEBARGER, HEARD, GOGGAN, BLAIR,
GRAHAM, PENA & SAMPSON U.P.
BY 'V1 t
PANKAJ R. PA MAR
SHOT #00792098
BEVERLY MELONTREE
SBOT# 13922100
1021 MAIN, SUITE 2100
HOUSTON, TEXAS 77027
(713) 844-3400 (713) 844-3501 FAX
DANIEL J. SNOOMATTY FOR SAN JACINTO CCD
SBOT vI O
11550 FUG A. SM 490
HOUSTON, TEXAS 77034
291/484-8400 281/484-2860 FAX
MADISONIR-JON ATTY ADLITE.M
SBOT #
17 S. BRIAX HOLLOW, STE 20,
HOUSTON. TX 77027
713/62I-6688
06/12/2003 10:44 FAX 7138821429 PBFCM LA PORTE 0 009
31,
I Cef.14 I_ 0
I, TERRY G. WISEMAN/JASON L BAILEY, JENNINE Y. HOVELL d certify that a true
and correct copy of the above and foregoing instrument was 7V-
upop a1V
ia,Cordance with
Rule 21(a) T.R.C.P. (�(�
a a.ra�a v. tr avara�arus
JASO I BAILEY
JENNINE Y. HOVELL
THE STATE OF TEXAS }
COUNTY OF HARRIS } Know all men by these Presents:
03/21/00 300383726 U285857 $12.50
`'- DEED UNDER ORDER OF SALE
THAT WHEREAS, by virtue of a certain order of sale in Tax Suits issued out of the 80'
j
Judicial District Court of Harris County, Texas, in Cause No. 1998-58659 on the 21" day o L
December, 1999, in favor of City of La Porte, La Porte Independent School District (La Port
ISD), Harris County, Harris County Education Department, Port of Houston of Harris County —
Authority, Harris County Flood Control District, The Harris County Hospital District (Harris
County), San Jacinto Community College District (San Jacinto CCD), and against Connie S. I''
Karpiak; William A. Karpiak on a certain judgment and decree of sale, rendered on the 27 h day
of October, 1999, and directed and delivered to me as Constable, Precinct No. 8, of Harris
County, Texas, commanding me to seize and sell the premises described in said order of sale, I,
BILL BAILEY, Constable Precinct No. 8, of Hams County, Texas, did, upon the 6t' day of
January, 2000 levy upon and advertise for sale the said land and premises described in said order
of sale, by having a notice of the sale published in the English language once a week for three
consecutive weeks preceding the day of the sale, in the Daily Court Review a newspaper
published in Harris County, Texas, the first of said publications appearing not less than twenty
days immediately preceding the day of the sale; and notice of sale containing a statement of the
authority by virtue of which the sale is to be made, the time of levy, time and place of sale; also a
brief description of the property to be sold, the number of acres, original survey, locality in the
county, and the name by which the land is most generally known. I also mailed to Connie S.
Karpiak; William A. Karpiak of the above named defendant(s) a notice of the sale, directed to
tJ each of them at their last known address.
' On the first Tuesdayin March 2000 same being the 7"' day of Marc 2000 between the
g Y �
hours of ten o'clock a.m., and four o'clock p.m., I sold said hereinafter described land and
premises at public vendue in the County of Hams, State of Texas, at the door of the Courthouse
of said Harris County, Texas, and the premises hereinafter described were struck off to the City
of La Porte for the use and benefit of itself and the above named taxing units that established tax
liens in Cause No. 1998-58659 in the 80'b Judicial District Court of Harris County, Texas, for the
amount of taxing owing, including interest and penalties.
NOW, THEREFORE, I, BILL BAILEY, Constable, Precinct No. 8, of Harris County,
Texas have granted, sold and conveyed, and by these presents do grant, sell and convey unto the
said City of La Porte for the use and benefit of itself and the above named taxing units that
established tax liens in Cause No. 1998-58659 in the 80t' Judicial District Court of Harris County
all of the estate, right, title and interest which the said to Connie S. Karpiak; William A. Karpia
had on the 7t' day of March, 2000, or at any time afterwards, in and to the following land and
premises, as described in said order of sale, viz:
LOT 6, BLOCK 6, BROOKGLEN SECTION 1, AN ADDITION IN HARRIS
COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN A
WARRANTY DEED FILED IN THE HARRIS COUNTY CLERK" OFFICE
DEED RECORDS DIVISION, UNDER CLERK'S FILE NUMBER E416288.
DEED UNDER ORDER OF SALE
PAGE 2
CAUSE NO. 1998-58659
CI
PORTE INDEPENDENT SCHOOL
DISTRICT
vs.
CONNIE S. KARPIAK;
WILLIAM A. KARPIAK
To have and to hold the above described land and premises unto the said City of La Porte
for the use and benefit of itself and the above named taxing units that established tax liens in
Cause No. 1998-58659 in the 80t' Judicial District Court of Harris County their heirs and assigns
forever, as fully and as absolutely as I, as Constable, Precinct No. 8, of Harris County, Texas,
can convey by virtue of said order of sale.
In Testimony Whereof, I have hereunto set my hand, this/0 day of 14wat.A fl
THE STATE OF TEXAS
COUNTY OF HARRIS
Before me, Carolyn C. Loftin, a notary public in and for The State of Texas, on this day
personally appeared Bill Bailey, Constable Precinct No. 8, of Harris County, Texas, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledge to
me that he executed the same as Constable, Precinct No. 8 of Harris County, Texas, for the
purposes and consideration, and in the capacity therein expressed.
Given under my hand and seal of office, this /Qdday of
oar"per CAROLYNN C. LOFTIN
+ NOTARY PUBLIC, STATE OF TEXAS .
WY COMMISSION EXPIRES
�tirrrrr!!!lrr rffrl00 f,,�,,� Notary Public ig and for The Stat f Texas
Perdue, Brandon, Felder, Collins & Mott
2600 Citadel Plaza, Suite 500
Houston, Texas 77008
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 28, 2010
Requested By: Kathy Powell
Department: Finance
Report: _Resolution: X Ordinance:
Exhibits: Resolutions
Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: (YES) NO
SUMMARY & RECOMMENDATION
If a property is sold or struck off to a taxing unit that is party to the judgment, the taxing unit may sell the property at
any time by public or private sale. The City of La Porte has had these properties on our public resale list for more
than an adequate amount of time and there has been no interest in purchasing the property at the minimum bid
amount set by the judgment; at this time we are asking the city council to pass a resolution to lower the minimum
bid so that we can have a second public sale by the constables office and hopefully get an interested party that will
purchase these properties so that they can be taxable again; or even develop the properties.
Section 34.05 (c) The taxing unit purchasing the property by resolution of its governing body may request the sheriff
or a constable to sell the property at a public sale. If the purchasing taxing unit has not sold the property within six
months after the date on which the owner's right of redemption terminates (these properties have past the
redemption period), any taxing unit that is entitled to receive proceeds of the sale by resolution of its governing body
may request the sheriff or a constable in writing to sell the property at a public sale. On receipt of a request made
under this subsection, the sheriff or constable shall sell the property at a public sale as provided by Subsection (d).
The minimum bid was arrived at by either the amount of costs in the judgment or a percentage of the HCAD value.
The goal is to get the property back on the tax roll as taxable property.
P054 — Lots 7, 8 & 9 Block 790 Town of La Porte (30% of HCAD value)
P059 — Trs 26 through 32 Block 1446 Town of La Porte (Costs — Tanks in the ground)
P086 — Lot 6 Block 6 Brookglen Section 1 R/P (Approximate Costs)
P118 — Lot 4 & S18ft of Lot 3 & N14ft of Lot 5 Block 178 Town of La Porte (Approximate Costs)
P143 —Lots 51 & 52 Block 24 Bayfront to LaPorte (Approximate Costs)
P 195 — Tr 5B Abst 5 E Brinson (Approximate Costs — Land Locked)
P198 — Lots 3 & 4 Block 89 Town of La Porte (Approximate Costs)
Action Required by Council:
approval of the Resolutions authorizing the constable's office to hold a second public sale on the properties
Ron Bottoms, City Manager
�, /.q /ft)
Date