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Home My WebLink AboutR-2010-11 public resale of real property acquired by City of La Porte/tax foreclosure by constable of Harris County/716 S. Blackwell RESOLUTION NO. 2010- II 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 28th day of June, 2010. CITY OF LA PORTE DMq~~em ATTEST: ~-4-f/l4d/ Nt a A. Gillett, City Secretary AP~ 7: ~ Clark Askins, Assistant City Attorney EXHIBIT "A" Legal Description: LOTS 51 AND 52 IN BLOCK 24 OF BAY FRONT ADDITION, AN ADDITION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 85, PAGE 441 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS. Minimum Bid: $8,300.00 SUMMARY OF FORECLOSURE ACTIVITY HCAD ACCOUNT NO: CAUSE NO: PLAINTIFF(S): JUDGMENT AGAINST: JUDGMENT DATE: ORDER OF SALE: DEED RECORDED DATE: CONSTABLE: PROPERTY ADDRESS: LEGAL DESCRIPTION: 006-114-000-0051 2000-17540 City of La Porte & La Porte Independent School District Sandra Mann, Anthony Paul Mann, David Mann & Paul George Mann September 26, 2001 STRUCK OFF DATE: March 5, 2002 November 30, 2001 March 26, 2002 STRUCK OFF TO: City of La Porte Bill Bailey, Constable Precinct No 8 716 S Blackwell Lots 51 & 52 Block 24 Bayfront to La Porte ADJUDGED VALUE (IN JUDGMENT): SQUARE FOOTAGE: $ 27,800.00 6,250 SUMMARY OF SALE ACTIVITY BIDDER: AMOUNT OF BID: AMOUNT OF DEPOSIT: AMOUNT DUE: BIDDER'S ADDRESS: $8,300.00 $830.00 $7,470.00 BIDDER'S PHONE NO: PRORATED PERCENTAGED OF TAXES DUE TO EACH JURISDICTION BASED UPON JUDGMENT COUNTY, JUDGMENT TO ET AL. % SCHOOL % CITY % TOTAL AMOUNT DUE $5,597.59 23.68% $11,921.71 50.43% $6,121.57 25.89% $23,640.87 ASSOCIATED COSTS ON ORIGINAL AND SEALED BID SALES 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 $8,300.00 $1,396.00 $2,920.00 $3,700.00 $250.00 $34.00 PRORATED TAX AMOUNTS TO EACH JURISDICTION OWED TO COUNTY % SCHOOL % CITY % TOTAL PRORATED AMOUNT $8.05 23.68% $17.15 50.43% $8.80 25.89% $34.00 Amount of Bid: Costs: -District Clerk -Tax Master -Costs -Publication -Abstract Fee -Ad Litem Fee Taxing Jurisdictions: City of La Porte La Porte ISO Harris County San Jacinto CCD State of Texas Costs + Taxes $31,906.87 Adjudged Value $ 27,800.00 $8,300.00 Total: $1,346.00 $50.00 Chris Stacey $2,450.00 Demolition of House 3/12/04 $470.00 $250.00 $3,700.00 Luaine L Quast $34.00 Amount in Judgment: $6,121.57 $11,921.71 $4,785.49 $812.10 $0.00 $23,640.87 % 25.89% 50.43% 20.24% 3.44% 0.00% 100.00% Amount Received $8.80 $17.15 $6.88 $1.17 $0.00 $34.00 P143 TAX RESALE PROPERTY HeAD #: 0061140000051 ProDertv ID: P143 Leaal DescriDtion: LTS 51 & 52 BLK 24 BAY FRONT TO LA PORTE 40 . . . Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced __~~~a LP rQ~ e_[~Y_:A_~_~QJ..I-,.,J Preliminary Values HCAD Account # : 0061140000051 Tax Year: 1?~~3_. Owner Name : MANN F Ownership History ... Owner Address: 716 S BLACKWELL ST LA PORTE TX 77571-5827 Property Address: 716 S BLACKWELL ST LA PORTE TX 77571 Legal Description : L TS 51 It 52 BLK 24 BAY FRONT TO LAPORTE State Class Code : A1 -- Real, Residential, Single-Family Homestead Exemption : -- Special Exemption: -- Jurisdiction Codes: 020 040 047 071 Overlapping/Shared CAD : No Capped Account: No Notice Date: 04/26/02 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. The appraised value below will reflect the homestead cap if applicable. Valuation : TY2002 Land: Improvement: AgjTmbr/Spc: Total Value: Previous 7,800 26,200 o 34,000 Change o 1,500 o 1,500 Appraised Value 7,800 27,700 o 35,500 Market Value 35,500 5-Year Value History... Note: Year 2002 (current year) values are still preliminary and not all values are available. They are subject to change as a result of protests, corrections, and ARB review. Values should be final by late summer. Also, if a preliminary value has yet to be determined, values for the current year will be blank. For any problems or questions with any account, please email us with the account number (if you have it) and the nature of the problem or question. . . . Real: Account Number Address Owner Name Advanced Personal: Account Number Address Owner Name Advanced Improved Residential Property Data Account Number: 0061140000051 Location: 716 S BLACKWELL ST Tax Year: 2002 View Main Screen IT] Parcel ID : 20 - 00921.4 - 29.0 - 032.0 - 0/000 - 001 6 Land Use: 101 -- Residential 1 Family Land Area: 6,250 sq. ft. CAMA RIl -- Residential Class : Improved Total Living Units: 1 Year Built: 1950 Map Facet: 6253B Wood Fireplace : 0 Metal Fireplace: 0 Other : Shed Key Map : 540Z Neighborhood : 2145 . Shake I Extenor Wall : Sh" I tnge Foundation: Crawl Space Heating / Air: None Attic : None Physical F " Condition: air Grade : 0 Status : DwelJing Style : Traditional Stories : 1 Living Area: 1,074 sq. ft. Bed / Bath : 4 I 1 full, 1 half Rec / Total Rooms: 0 I 6 For any problems or questions with any account, please email us with the account number (if you have it) and the nature of the problem or question. ltd. . ~(l; . i\ of ~ \ . 1:? Home Records Maps Forms HeAD Info Links News CustomCAMA WebRDE CAMA D@tail Navigate Search Account #: 006-114-000-0051 Property Use: 1 X1 I Governmental Exempt Ownershi : Owner Address PO BOX 1115 LA PORTE, TX 77572-1115 New Owner Date: 1/1/2003 'Y NH Group: 20011 Neighborhood: 21451 BAY FRONT Legal Description l TS 51 & 52 BlK 24 BAY FRONT TO LA PORTE Site Address 716 S BLACKWEll ST ,LA PORTE 77571 AKA: Mail To: Tax Year: Summary I Appraised I Alternate Cost · Noticed 2010 Summary Primary Method: Land: Building: XFOB: New Construction: Total Market: Cap Reduction: Total Appraised: http://webrde.hcad.org/info.asp?strap=0061140000051 &ty=20 1 0 Page 1 of 1 - 2010 Notice $17,188 $0 $0 $0 $17,188 $0 $17,188 6/1 0/20 1 0 ~ 1) ... ---- .c4A t<JE9E9 O"n~ mllft ~ .. f --'C 0 Q) U) UI .... ~+% l: ~'C C = ~" C~ !. ~C> 0 ~ ... :s -- .... N o!{ ~ C> en CJ\n ..- _- Q) rt ~ . 0 ~~ \I a -.< .... --l Co) Cl)tft 00 N ..~ .... ..~ 0 ~ ~ ~ .... 00 G:J-' '" N .~._w-------------- CHARLES BACARISSE DISTRICT CLERK. y \ L\: ?::> STATEMENT OF ACCRUED COSTSlFEES TInS IS NOT A BILL CITY OF LA PORTE vs MANN, FRED (HIS HEIRS SUCCESSORS OR ASSIGNS OR OTH ?ERDUE,BRANDON FIELDER COLLINS&MOTT LLP 2600 CITADEL PLZ#500 HOUSTON, TX 77008 Issued at the Request of: PERDUE,BRANDON FIELDER COLLINS&MOTT LLP Cause: 7-200017540 Court: 333 Judgment Date: Page 18 of65 DATE 11/28/2001 11/2812001 11/28/200 1 01/3\/2001 12/18/2000 12/18/2000 12/1412000 12/1412000 0613012000 06/3012000 06130/2000 05/1712000 0511712000 05/1712000 04/12/2000 04/12/2000 04/12/2000 04/ 12/2000 04/ 12/2000 04/12/2000 04/ 12/2000 RCT/INV 8555~ 8555~ 8555~ 43744 38790 38790 38480 38480 17642 17642 17642 12094 12094 12094 7557 7557 7557 7557 7557 7557 7557 ASSESED TO/COLLECTED FROM PERDUE,BRANDON FIELDER COLLINS&MOTI UP PERDUE,BRANDON FIELDER COLLINS&MOTT UP PERDUE,BRANDON FIELDER COLLINS&MOTT LLP CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CALA!vtE LINEBARGER GRAHAM & PENA LLP CALAME LINEBARGER GRAHAM & PENA LLP CALAME LINEBARGER GRAHA"'I & PENA LLP SAN JACINTO COMMUNITY COLLEGE DISTRICT SANJACINTOCO~YCOLLEGEDISTRICT SAN JACINTO COMMUNITY COLLEGE DISTRICT CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE CITY OF LA PORTE Summary CALAME LINEBARGER GRAHAM & PENA UP CITY OF LA PORTE PERDUE,BRANDON FIELDER COLLINS&MOTT LLP SA.'l JACINTO COMMUNITY COLLEGE DlSTRICT D::li ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ASMT ITEM DESCRIPTION ORDER OF SALE UNCERTlFIED COPlES CONSTABLE FEE-TAX SALE CITATION 2 COPIES CITATION WITH 1 COpy CONSTABLE FEE-TAX CITATION WITH 1 COpy CONSTABLE FEE-TAX FlLlNG INTERVENTION SECURITY FEE LEGAL SRYCS FEE-FAMILYIDIST FILING INTERVENTION SECURITY FEE LEGAL SRVCS FEE-FAMIL YIDIST FlLlNG NEW CASE CITATION WITH I COpy SECURITY SERVICE FEE RECORD PRESER Y A TION FEE CONSTABLE FEE-TAX JUDICIAL FlLlNG FEE LEGAL SR YCS FEE-FAMILY IDIST TOTAL ALL FEES: BALANCE DUE ALL FEES: Costs Paid Due. $26.00 SO.OO $26.00 S877.00 SO.OO S877.00 S417.00 SO.OO S417.00 S26.00 SO.OO S26.00 Statement Totals: SI,346.00 SO.OO $1,346.00 TAXABLE COST NOT ASSESSED BY DlSTRlCT CLERK'S OFFICE Tax Master Fee S Payable To: Chris Stacy CHARLES BACARlSSE DlSTRJCT CLERK -2llM~~ (713) - 755-5769 ' DEPUTY. MONEY DUE CHARLES BACARISSE, DISTRICT CLERK SI,346.00 FEES/COSTS 8.00 9.00 400.00 24.00 8.00 60.00 8.00 60.00 15.00 1.00 10.00 15.00 1.00 10.00 45.00 72.00 5.00 5.00 540.00 40.00 10.00 1,346.00 ~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,346.00 ". .' , vfJ-q ----qGj- CAUSE NO. 2000-17540 CITY OF LA POR1E AND LA POR1E INDEPENDENT SCHOOL DISTRICT VS. SANDRA MANN, INDIVIDUAll.. Y AND AS HEIR TO FRED AND BARBARA MANN; VIRGINIA G. Sf ANTON; ANTI-IONY PAUL MANN, INDIVIDUAllY AND AS HEIR TO FRED AND BARBARA MANN; BARBARA MANN; DAVID MANN INDIVIDUAlLY AND AS HEIR TO FRED AND BARBARA MANN; FRED MANN; JACK P. STANTON; PAUL GEORGE MANN, INDIVIDUALLY AND AS HEIR TO FRED AND BARBARA MANN vs. Sf ATE OF TEXAS COUNTY OF HARRIS SAN JACINTO COMMUNITY COLLEGE DISTRICT JUDGMENT i IN mE DISTRICT COURT OF ~ ~ HARRIS COUNTY. TEXAS I , 333RD JUDICIAL DISTRICf f LJ.,: '-. .... .. .". . \. " . .J- :"::",:.,' .'\,1 .. ':J~f.':/ . .:::- ~ 1.7 '" , :.. ...... .::, ;~ c::. :,- "ii,,' ,.. . :':"~'~':'.~ ", Co .: .... I J I / I I -, -~ . . '. " 0;) - (. l:; C;:I .- . C --. - (.:J ., " , On September 4, 2001, this cause being called in its regular order, came the Plaintiff Taxing Unites) whether Plaintiff(s), Intcrvenor(s) or Impleaded Plaintiff(s), to wit CITY OF LA PORTE LA PORTE INDEPENDENT SCHOOL DISTRICT (LA PORTE ISD) RECORDER"S MEMORANDUM ThIs Insan.wnent II 01 JlOCl!. ~ .pc Ifld not ~ tor pnocoor reconSallDn: ancVcf ....rdonI ~ ptaI...c .. tle ~ QlIrnegIng HARRIS COUNTY, HARRIS COUNTY EDUCATION DEPARTMENT,PORT OF HOUSTON OF HARRIS COUNTY AUIliORITY, HARRIS COUNTY FLOOD CONTROL DISTRICT, 1HE HARRIS COUNTY HOSPITAL DISTRICT (HARRIS COUNTY) SAN JACINfO COMMUNITY COLLEGE DISTRICT (SAN JACINTO CCD) The defendants arc a.I follows: SANDRA MAN~NDIVIDUALL Y ANl).-AS HEIR TO FRED AND BARBARA MANN; BARBARA M.ANN;FRED MANN('have filed an answer through a Court appointed attorney and were given notice of the Trial date. VIRGINIA G. STANToN( ANlHONY PAUL MANN;--!NDIVIDUALL Y AND AS HEIR TO FRED AND BARBARA MANN; ; DAVID MANN-" INDIVIDUALI;Y AND AS HEIR TO ~ AND BARBARA MANN; JACK P. STANTON(PAUL GEORGE MANN;'1NDIVIDUALL Y AND AS HEIR TO FRED AND BARBARA MANN: whom were duly served with citation which have been returned to this court and have been on file for more than ten (10) days, failed to answer. 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, granti judgment as follows; IT IS ORDERED that the Plaintiff taxing units shall not be granted any monetary relief against JACK P. STANTON; VIRGINIA G. STANTON, lienholder(s). IT IS ORDERED that the Plaintiff taxing units recover of and from the Defendant(a),u indicated belOYl, the total sum of money due for taxes, penalties, interest, attorney fees, title research fees, and costs, which claims are secured by tax liens against the property bereinafter described, for which let execution issue; provided. however, that no money judgment is granted against any defeI;ldant which is designated as IN REM ONLY, ~ TRACf 1. LOTS 51 AND 51 IN BLOCK 24 OF BAY FRONT ADDmON, AN ADDITION IN HARRIS COUN1Y, TEXAS, ACCORDING TO THE MAP OR PlAT TIlEREOF RECORDED IN VOLUME 85, PAGE 441 OF THE DEED RECORDS OF HARlUS COUN'IY, TEXAS. Account No. OCJ6..114...()()()..OOSl Adjudged Market Value: 27800.00 TRACf 1 TAX YBAlLS DcliDqllllDt hnalty ok 33.4& lille Tolal Bue Tu Inlerell Atty'. F.. R.oacazch CI1Y OF U PORTI! 1914 - :zooo $U.2!.71 S3692.86 S1j().OO 11(,3'1\.'5'7 U POIlTI! ISD 1912.2Cm $4CI.43 $701J.~ S SlI921.71 HAIlRIS COUN1'Y l~gq - U:ov s t1~3.o..r S".3'1~t~4 s 4'lS S;) s - sq 7!s.. '(4 SAN JACINTO ern 1 tf'i'f# -~ lJa) s 33S ,"c ,en".,5 s s S &1'1.10 . s s s s s S s s s s IT IS ORDERED that the Plaintiff taxing units, do have and recover from the Defendant(s) interest at the rate of one (1 %) percent per month or portion of a month on the bue tax amount for the 2000 and prior tax years from October-I. 2001 until paid. IT IS ORDERED that LUAINE L. QUAST. attorney ad litem. be awarded the sum of $ ~G,e."" ~7cro...~ to be taxed as costs. r, IT IS ORDERED that the Plaintiff taxing unit(s), do bave 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 Defcndant(a), for which let execution issue. IT]S ORDERED that CHRIS STACY, TuMuter be awarded 50.00 as a Tax Master Fee and that such amount be taxed as costs in this cue. 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's fees, attorneys fees, and COits of court, attributable to each of said tracts. Such tax lien(s) are prior and superior to all claims, right, title, interest, or lien(s) asserted by any Defenda.nt(s) herein. Plaintiff(s) shall have foreclosure of said tax , lien(s) 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 land to tbe highest bidder for cash, as under execution, pursuant to the provisions of Cbapter 34 of the Texas Property Tax Code. 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 in~rest in the property or any party to the suit that is nol a taxing unit, for the market value of the property stated iq 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 partiea 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 IS ORDERED that the Tax Collector of the Plaintiff and Intervenors may provide to the officer conducting the sale, a certified tax statement &bowing 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 calculation. IT IS ORDERED that any exce3S in the proceeds of sale 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 tenns and provisions of the Texa.a Property Tax Code. IT IS ORDERED that the clerk of tha court shall issue a writ of possession to the purchaser at the foreclosure sale or his heirs, cxecutora, administrators or assigns within 20 days after the purchaser's deed is filed for record. 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 collect taxes or to maintain a suit or suits to enforce and recover any taxes for the 2001 tax year and/or subsequent tax years on the property herein described. IT ]5 ORDERED that all partie.l heretofore named in any pleadings filed by any party and not included in this judgment, and any property set out in previous p~c;adings but not included in this ,"- judgment, are hereby dismissed without prejudice to the right to refile their claiDli. Any relief previously reque5ted and not herein granted is expressly denied. IT IS ORDERED that for all Signed this the day of , 200 1. APPROVED AS TO FORM: PERDUE, BRANDON, FIELDER, COLLINS & MOTI, L.L.P. By: TE RYG. E SB T #21816 00 JASON L BAILEY SBOT #00790253 R. GREGORY EAST SBOT #24007138 YOlANDA M. HUMPHREY SBOT #24009764 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862-1860 (713) 862-1429 FAX LINEBARGER, HEARD, GOGAN, BLAIR GR PENA & S SON LLP BY P R. SBOT #007 SBOT# N61J179 SIPRA SYNGAL SBOT#24027903 1021 MAIN, SUITE 1500 HOUSlN, TEXAS 77027 (713) 844-3400 (713) 844-3501 FAX JACINTO ceD SBOT# 11550 FUGU~ 4 HOUSTON, TEXAS 77034 281/484-8400 281/484-2860 FAX ~~~A:;2RNEYADLnEM s # 3stJ 3231 ALLEN PKWY, SUITE 1216 HOUSTON, TEXAS 77019 713-523-7265 -- ""- ~ ' CERTIFlCATE OF SERVICE I, TERRY G. WISEMAN/JASON L BAILEY/R. GREGORY EAST;YOI.ANDA M. HUMPHREY do certify that a true and correct copy of the above and foregoing instrument was served upon all parties in accordance with Rule 21(a) T.R.C.P. CERTIFICATE OF LAST KNOWN ADDRESS I, Terry G. Wisem&11/Juon L Bailey/R. Gregory Eut,IYolanda M. Humphrey do hereby certify that the hut known mailing address of tbe Defendant is ANTHONY PAUL MANN: 716 S. BLACKWELL, LA PORTE, TX nS711 DAVID MANN: 716 S. BLACKWELL, LA PORTE, TX 775711 JACK P. STANTON: 628 ASHLEY, WOODLAND, CA 956951 SAN JACINfO COMMUNITY COLLEGE, AGENT: TAX ASSESSOR/COLLECTOR: PAUL B, 1001 PRESTON, FIRST FLOOR, HOUSTON, TX 770021 VIRGINIA G. STANTON: 628 ASHLEY, WOODLAND., CA 956951 PAUL GEORGE MANN: 716 S. BlACKWELL. LA PORTE, 1EXAS 77571. i C \~dT- '-n ~r-t p ~~-:1>~rie -Ne~~--~---------- { IN THE DISTRICf COURT OF { { { { { HARRIS COUNTY, TEXAS { { { 3..~~ DISTRICf COURT NON-MILITARY AFFlDA VIT Sf A TE OF TEXAS { { { COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared JASON L. BAILEY, known to me to be the person whose name is subscribed below, and upon being duly sworn did depose and state as follows: "My name is JASON L. BAILEY. I am the attorney of record for the Plaintiff in the above entitled and numbered cause of action. I am over the age of eighteen years and each and every statement made herein is true and correct. . That the Defendant(s) in the herein above cau5C was at the time of tht: institution of this .suit, and that said Defendant was not at the time of the institution of this suit, or at any time since, and is not now, in any military or naval service of the United States of e ica. J SIGNED AND SWORN TO before me on t isoa.rd:Iay of ~ 2001. ($ ~~~ J (\~J. On ~ueK NOTARY PUBLIC IN AND FOR TIlE Sf ATE OF TEXAS yf2 THE STATE OF TEXAS} . . . COUNTY OF HARRIS } Know all men by these Presents: . ... . . ---~-~-~~~~--~EED~ERORD~~;~~..n~~/:/:~:~~J V~-----~;:.~-----~ THAT WHEREAS, by virtue of a certain Order of Sale in Tax Suit issued out of the 333rd Judicial District Court of Harris County, Texas, in Cause No. 2000-17540 on the 30th day of November, 2001, in favor of City of La Porte, La Porte Independent School District, Harris County, Harris County Education Department, Port of Houston of Harris County Authori9< lD ) Harris County Flood Control District, The Harris County Hospital District, San Jacob /l,tI./ Community College District, and against Sandra Mann, Anthony Paul Mann, David Mann and~ Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G.3jrV rill Stanton; Barbara Mann; Fred Mann; Jack P. Stanton on a certain judgment and decree of sale, d:,/'" rendered on the 26th day of September, 2001, 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 Harris County, Texas, did,. upon the 24th day of January, 2002 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 Sandra Mann, Anthony Paul Mann, David Mann and Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G. Stanton; Barbara Mann; Fred Mann; Jack P. Stanton of the above named defendants a notice of the sale, directed to them at their last known address. l\ ~ ~ ~ ~ N I ~ ~~ I ~ U1 Ul r:. V684229 ~)\Ar) \ On the first Tuesday in March, 2002, same being the 5th day of March, 2002, between the hours of ten o'clock a.m., and four o'clock p.m., I sold said hereinafter descnbed land and premises at public vendue in the County of Harris, State of Texas, at the door of the Courthouse of said Harris County, Texas, and the premises hereinafter descnbed were struck off to City of La Porte for the use and benefit of itself and the above named taxing units that established tax liens in Cause No. 2000-17540 in the 333rd Judicial District Court of Harris County, Texas, for the amount of taxes owing, including interest and penalties. ~ ~ i.O N I ~ N I ~ III Ln DE. .ED UNDER ORDER OF SALE f '1: (Jt(d/)~. D.f.l 4If.1/~~ PAGE 2 }-- , 'r I,... ,/)1/1 J^-LVU ~~:(L~~~~~~~540 ...- --------tP~, ~1D~b'r----- Fred Mann, et al rat( i t NOW, THEREFORE, T, 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}bl 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. 2000-17540 in the 333rd Judicial District Court of Harris County all of the estate, right, title and interest which the said Sandra Mann, Anthony Paul Mann, David Mann and Paul George Mann, each individually and as heir to Fred and Barbara Mann; Virginia G. Stanton; Barbara Mann; Fred Mann; Jack P. Stanton had on the 5th day of March, 2002, or at any time afterwards, in and to the following land and premises, as described in said order of sale, viz: Lots 51 and 52 in Block 24 of Bay Front Addition, an addition in Harris D County, Texas, according tQ the map or plat thereof recorded in Volume 85, Page 441 of the Deed Records of Harris County, Texas 716 S Blackwell; HCAD #006-114-000-0051 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. 2000-17540 in the 333rd Judicial District Court of Harris County their heirs and assigns forever, as fully and as absolutely as T, 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 I 'J *- day of March, 2002. THE STATE OF TEXAS } COUNTY OF HARRIS } sIt---' Before me, Jodi L. Kimball, a notary public m. 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 / J:fIl day of March, 2002. Nrr PIlOYISIOlllflO Ita RmllaS 1llE SAIl RElTAt, OR USE Of TIf IlSCRlEll REAl. ~RlY IECAUSE Of CO 01 RACE IS art.\lJl AlIlllNElfORCWlE UtIJER FEIlRAI. LAII. THE STATE OF TEXAS COUNl'Y OF ~RIS '''' crir illII....... FI.Bl it Fit ... s.,.a...... _.h" ~...'" 111;-.'" 1fCaUD.1D.. Obl PuIi: IIIl:alk /t,.. PlIIpIlIy /tift CaIlII. -.. \l ~ ~ \l I ~ \l I ~ n n e MAR 2 6 2002 ~ f:;. "J ";t)0 ., :;~ 0 ~~~ "~ ~"" :::2 -f \1~, ~ -< .'\\ Z ..... -..0 )... :<~ (i'\~~ -of::O ~t: tf .J: l> ~~~ COUNl'Y CLERK HARRIS COUNl'Y. TEXAS ......-.: c.~..: c:.:.:.. ,,-, ::t: :;1> :::0 N 0'1 'Tl - j ~n J:l.'o :E 9 N w ......~ ;,-.J 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 28. 2010 Appropriation Requested By: Kathv Powell Source of Funds: Department: Finance Account Number: Report: Resolution: -X-Ordinance: Amount Budgeted: Exhibits: Resolutions Amount Requested: Exhibits: Tax Codes Sect 34.05 (a) (c) (d) t Budgeted Item: (YES) NO Exhibits: 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 I RIP (Approximate Costs) PI18 - Lot 4 & SI8ft of Lot 3 & NI4ft of Lot 5 Block 178 Town of La Porte (Approximate Costs) PI43 - Lots 51 & 52 Block 24 Bayfront to La Porte (Approximate Costs) P195 - Tr 5B Abst 5 E Brinson (Approximate Costs - Land Locked) P198 - Lots 3 & 4 Block 89 Town of La Porte (Approximate Costs) Action Required bv Council: r approval of the Resolutions authorizing the constable's office to hold a second public sale on the properties ove. Ron Bottoms, City Manager Date